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HomeMy WebLinkAbout1-11-2006 Agenda Packet ACE A fir04V r� to ,',- 0,141" 3.etA061. w ��,�., City Cape Canaveral w vie d 1 a PLANNING&ZONING BOARD REGULAR MEETING -,, ,� ,1�' ° f. CITYHALL ANNEX 1 Or it 111 POLK AVENUE 0 0JANUARY 11, 2006 M 7:30 P.M. 4/ Call to Order 9 Roll Call 2\ ( 1 , 011s1. ' ,yQ9 4tkrffr4NEWBUSINESS 1 ,N1/4PO\f,# 0 01;\) 1• proval-of Meeting Minutes: December 14,2005. r J►�o 11 ''0 2. Interview and Recommendation to City Council: Prospective Board Member- V9 jti� i3 ohn Johanson. 1 -- . Discussion Re: Moratorium Study on G1 Special Exceptions for Residential Use- I'� I ' ' ����;��Todd Peetz, City Planner. \ j Election of Chairperson and Vice Chairperson. `)�1�� 11110 �I`� I \I �: f fO OPEN DISCUSSION ,�� i1 ���� �, 'c"/ �<G $ 0 ADJOURN o'(\ 1 4,0))\'',*IFA.4 1 k ,6 „.,..,;„%, ,,0 , e ,i, \ \) 10\, o' / lirt, \)' \,\6, Pursuant to Section 286.1015, F.S., the City hereby advises thepublic that: \ �� appeal any decision made by the Planningand ZoningIf a person decides to +���� this meeting, that person will need a re ord of thoceewsthandpect to any matter rendered at ; e may need to ensure that a verbatim record of the proceedings is made,rwhichpreordthat auperson - ��� testimony and evidence upon which the appeal is to be based. This notice does not consticlunes the consent by the City for the introduction or admission into evidence of otherwise inadmissib emotror it,,� 1 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, (.. I `,� Board of Adjustment, Code Enforcement and/or Community Appearance Board `'/� ) not participate in Board discussions held at this public meeting. Persons with disabilities y eeding0 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. �• ' ifoic •n tyit 66,0y pi i 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326A �U�" \Q Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 -1/4'-\k51' www.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com PLANNING & ZONING BOARD MEETING MINUTES DECEMBER 14, 2005 A Regular Meeting of the Planning & Zoning Board was held on December 14, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson 1st Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Kate Latorre Assistant City Attorney Ro-bart-H oog _ __ MayorPro—Tem _ ---------- Jim Morgan Council Member Leo Nicholas Council Member Todd Morley Building Official Jeff Ratliff Public Works Representative NEW BUSINESS: 1. Approval of Meeting Minutes: November 30, 2005. Motion by Lamar Russell, seconded by Bea McNeely to approve the meeting minutes of November 30, 2005, as corrected. Vote on the motion carried unanimously. 2. Recommendation to the City Council: Utility Easement Agreement - Villa Campania - Jeff Ratliff, Public Works Representative. Jeff Ratliff, Public Works representative, gave an overview of the 25 ft. utility easement for a City sewer line, which would connect to the existing easement on Holman Road. Ray Osborne, citizen, questioned if the development was already approved. Todd Peetz, City Planner, responded that the site plan was under staff review. He explained that the sewer line will be on private property that services that particular project, and would not impact the neighboring properties. Motion by Lamar Russell, seconded by Bea McNeely to recommend approval of the utility easement to City Council. Vote on the motion carried unanimously. 3. Recommendation to the Board of Adjustment: Special Exception Request No. 05-14 to Allow Residential Use in the Commercial Zoning District, Section 14, Township 24 South, Range 37 East, Part of Lots A & B, also known as 24-37-14- 28-00000.0000A.10, A.25, A.26, and A.27 - Teutons Subdivision - (Oak Lane) - Craiq and Mary Stewart, Petitioners. Planning & Zoning Board Meeting Minutes December 14, 2005 Page 2 Todd Peetz, City Planner, gave an overview of the special exception request. He advised that the proposed project is located on the south side of Oak Lane, behind the Circle K; the property has an existing special exception for a single family residence and the applicant was proposing a new special exception for ten residential units; the property abuts the Ocean Gardens subdivision to the north, commercial to the east, vacant commercial to the north and west. Mr. Peetz verified that he prepared the check list and it was correct. The Board members reviewed the submittal packet. Discussion followed regarding: access, zoning, density, zoning uses, and affordable housing. Craig Stewart, Petitioner, testified that his family plans changed since the previous special exception was granted; he also owns property on Ocean Garden Lane; he plans to construct lower than the maximum density allowed by the city code; the townhouse units and lots will be similar to the Ocean Gardens and Lindsey Court subdivisions; he ----------__ c-onfir-rned-the=road=iscrily=semi=paved-acrd=he-1 grie—�-statement=from the Mayor that the road will be paved in 2006; he verified that the city owns the road; he was proposing to build ten townhouse units; each property will sell for approximately $400,000. Brief discussion followed. The Board members verified that this property is not affected by the existing moratorium. Todd Peetz, City Planner, depicted properties that currently have residential uses around this property, and advised that Mr. Stewart was proposing less than ten units per acre, which is consistent with the average throughout the city. Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of Special Exception Request No. 05-14 to the Board of Adjustment. Vote on the motion carried unanimously. 4. Recommendation to the City Council: Site Plan for Canaveral Bulk Terminal - Randy May, Applicant. Todd Peetz, City Planner, advised that at the Board's request, the site plan was updated. He advised that the Fire department reviewed the site plan and did not have any comments; and the Unity of Title Agreement was submitted by the applicant and forwarded to the City Attorney. He gave an overview of the submitted landscape plan. The Board members reviewed the updated site plan. Mr. Campbell, citizen, asked why a site plan was required. Todd Peetz, City Planner, responded that a site plan is required for structures over 850 square feet. He explained that the conveyor system will be significantly impacting the property and existing aggregate piles. Randy May, applicant, advised that the aggregate piles consisted of pumice, granite, and lime rock. Mr. Campbell, citizen, voiced his concern that the granted special exceptions were granting more than just storage of aggregate. He stated that the intent of the special exception was storage of aggregate as a subordinate use of the property, but the storage has instead become the principal use of the property. He read an excerpt from a Canaveral Port Authority magazine regarding the project. He voiced his opinion that this business operation was actually a bulk terminal. Mr. Campbell discussed the special exceptions that were granted to this property in 2002. CZ) Planning and Zoning Board Meeting Minutes December 14, 2005 Page 3 Mr. Campbell read excerpts of city meeting minutes, various letters to and from the Canaveral Port Authority, and a letter of findings by the city Building Official regarding the granted special exceptions. Mr. Campbell questioned if all property owners within a 500 ft. radius were notified of the special exception requests back in 2002. Mr. Campbell read various city code sections pertaining to zoning. He submitted photographs for the Board members regarding similar operations in England and California. He voiced his opinion that the city erred in granting the special exceptions. Discussion followed. - - • - . - • - _ ._ • v,- advised that the decisions to grant the special exceptions were based on competent substantial evidence; Mr. Campbell's concerns were not germane to the site plan before the Board; and any code violations would be handled through code enforcement. Todd Morley, Building Official, verified that all the special exceptions were reviewed. He noted that there was a portion of one piece of land that was being used for aggregate storage that did not have an existing special exception. He advised that the use has subsequently stopped. Mr. May, property owner, verified the hours of operation. He explained that the amount of aggregate will increase with the conveyor system and the conveyor will reduce the existing trucking operations. He verified that the aggregate piles are continuously sprinkled. Motion by Lamar Russell, seconded by John Fredrickson, to recommend approval of the site plan to City Council. Vote on the motion carried unanimously. 5. Recommendation to the City Council: Site Plan for Sea Shell Cay Townhomes - James E. Morgan, Applicant. Todd Peetz, City Planner, gave an overview of the project. He advised that the four unit townhouse project was located on the west side of Harbor Heights. He read comments from city staff. James Morgan, applicant, responded to the staff comments. The Board members reviewed the submitted site plan. Discussion followed. Motion by Lamar Russell, seconded by John Fredrickson to recommend approval of the site plan to City Council with the following conditions: 1. Add an easement to the final plat for access to lot 3 to N. Atlantic Ave. 2. Meet the condition of the Public Works Director for sewer connection. 3. Provide a St. Johns River Water Management District permit/exemption for drainage. 4. Have the City Engineer review the storm water calculations. Vote on the motion carried unanimously. 3 Planning & Zoning Board Meeting Minutes December 14, 2005 Page 4 At 10:00 p.m., by consensus of the Board members, the meeting time was extended to 10:20 p.m. 6. Discussion Re: Density Study Report - Todd Peetz, City Planner. Todd Peetz, City Planner provided a brief outline of information regarding existing density. The Board members and audience reviewed various maps. Mr. Peetz explained that the information was produced by Brevard County property appraiser's office and GIS mapping department. He advised that the overall city density was seven units per acre. He noted that 90% of the city has been developed. Following discussion, the Board members suggested to have a workshop with City Council to discuss the density further. 7. Discussion Re: Moratorium Study Todd Peetz, City Planner. Due to the late hour and the need to conduct the Local Planning Agency meeting, this agenda item was not discussed. The meeting was adjourned at 10:20 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary Meeting Type: Planning and • Zoning Board Meeting Meeting Date: 1/11/05 AGENDA Heading Prospective Board Member Item # No. AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL SUBJECT: Interview with Prospective Board Member—John Johanson DEPT./DIVISION: Building Department Requested Action: Recommend to the City Council to approve/deny prospective Board Member John Johanson. Summary Explanation&Background: The applicant has submitted a request to serve on the Planning and Zoning Board. Mr. Johanson has attended many planning and zoning meetings as an applicant and is familiar with the P&Z process. Exhibits Attached: #1 Application City Planner's Office Department: Building Department CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: o ' _,l c k A. ,,1 .5 a&A 2. Home Address: .la Act, ,r. c Awe , C ,, e 6C•-. 40e ( r/ ? , ( 3. Home Telephone: 7 g 3 - 6 g a 4. Occupation: RFs .'d F s1. +€(41 Ca ur 4. ret r .- c .r 5. Business Telephone: S o ` 2 0 q 6. Business Address: .5 N^ B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. y 1. Are you duly registered to vote in Brevard County? (Y) (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y)X (N) 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere(no contest) shall be considered a ��ff conviction for purposes of this question. (Y) (N) /\ 3b. If yes to 3a, have your civil rights been restored? (Y) (N) 4a. Do you presently serve on any other City of Cape - Canaveral advisory board or committee? (Y) (N) / 4b. If yes to 4a, please list each: RECEOVE „H . I 'Lo..t, 1 6 200b ®,yam\ O M /J IZJ 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent --T-- J to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check �/ performed on you by the City of Cape Canaveral? (Y)!� (N) 6a. Are you related to a City of Cape Canaveral Council X member by blood, adoption or marriage? (Y) (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: 13 -x ,.1 u4ve :.t +/. e '�` •I-LI r e �•r IL 1-e Ct`.11- - 2. Briefly state any-pnor-experiences in-serving on any go v-ei nm ntal-board or=com(mittee: 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment* c. Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. - Construction Board of Adjustment and Appeals* g. Library Board h. I Planning and Zoning Board* i. Recreation Board j. Other: *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian-American Female Hispanic-American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY,THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND"ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: Date: f i)e C_ � 5- Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 Meeting Type: Planning and Zoning Meeting Date: I— k - 6(4 AGENDA Heading Discussion Moratorium Area Item # No. AGENDA REPORT PLANNING AND ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Discussion—Moratorium Study DEPT./DIVISION: Building Department Requested Action: Discussion on the findings of the moratorium study. Summary Explanation&Background: Discussion on the moratorium study. The City planner will provide at the meeting maps and information about how the study was prepared and the general findings of the study itself. The intent of the study is to determine what changes if any may be necessary to preserve and protect the commercial district and the City's quality of life. Exhibits Attached: 1) A briefing on commercial land use acreage per 1,000 population. Planning Official's Office Department Memorandum To: Planning and Zoning Board From: Todd Peetz, City Planner Date: December 7, 2005 Re: Moratorium on Residential in the C-1 Zoning District within the A lA Corridor. The following is information on the amount of acreage designated as Commercial Land Use within the City of Cape Canaveral and a few other local jurisdictions. For the Cities of Cape Canaveral, Cocoa and Cocoa Beach, a ratio between commercial acreage and the local population has ---been-calculated--This ratio allows-a comparison-to--be-made--between-the-- ----- -- two jurisdictions and may help determine how much commercial land use is required for the City. 1. City of Cape Canaveral In 1999 the City of Cape Canaveral had approximately 80 acres of developed commercial property. In the same year, the City had a population of approximately 9,100 people. This calculates to approximately 8.8 acres of commercial land per 1,000 people. 2. City of Cocoa Existing developed commercial from the City's Economic Development Agency: -617 acres of Commercial -17,600 Population -617/ 17.6 = 35 ± Commercial acres per 1,000 people. 3. Cocoa Beach Existing commercial from 1996 Comprehensive Plan: -154 acres Commercial -102 acres Tourist-Hotel/Motel -256 acres of total Commercial -12,482 Population -256/ 12.48 = 20.51 ± Commercial acres per 1,000 people. 4. As an FYI, Port Canaveral has just under 1,000 acres of land designated as commercial. 5. Further information has been included from the American Planning Association's Planning Advisory Service (PAS) report on Urban Growth Boundaries. This report provides additional information on commercial to population ratios and describes, "an article in the February 1989 issue of Urban Land by David Van Horn based on a survey of land-use patterns in medium-size cities showed an average ratio of 12.4 acres of commercially developed land per 1,000 population." The City of Cape Canaveral has some what less, (8.8 acres/1000 people) commercial land than the "medium-size city," (12.4 acres/ 1000 people) as reported in the PAS. If you have any questions, or need further information please feel free to contact me at 407-629-8880. Meering Type: Planning and Zoning Meeting Date: i — I 1 - C�, AGENDA Heading Discussion Moratorium Area Item # No. AGENDA REPORT PLANNING AND ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Discussion—Moratorium Study DEPT./DIVISION: Building Department Requested Action: Discussion on the findings of the moratorium study. Summary Explanation&Background: Discussion on the moratorium study. The City planner will provide at the meeting maps and information about how the study was prepared and the general findings of the study itself. The intent of the study is to determine what changes if any may be necessary to preserve and protect the commercial district and the City's quality of life. Exhibits Attached: 1) A briefing on commercial land use acreage per 1,000 population. Planning Official's Office Department Memorandum To: Planning and Zoning Board From: Todd Peetz, City Planner Date: December 7, 2005 Re: Moratorium on Residential in the C-1 Zoning District within the AlA Corridor. The following is information on the amount of acreage designated as Commercial Land Use within the City of Cape Canaveral and a few other local jurisdictions. For the Cities of Cape Canaveral, Cocoa and Cocoa Beach, a ratio between commercial acreage and the local population has been calculated. This ratio allows a comparison to be made between the two jurisdictions and may help determine how much commercial land use is required for the City. 1. City of Cape Canaveral In 1999 the City of Cape Canaveral had approximately 80 acres of developed commercial property. In the same year, the City had a population of approximately 9,100 people. This calculates to approximately 8.8 acres of commercial land per 1,000 people. 2. City of Cocoa Existing developed commercial from the City's Economic Development Agency: -617 acres of Commercial -17,600 Population -617/ 17.6 = 35 ± Commercial acres per 1,000 people. 3. Cocoa Beach Existing commercial from 1996 Comprehensive Plan: -154 acres Commercial -102 acres Tourist-Hotel/Motel -256 acres of total Commercial -12,482 Population -256/12.48 = 20.51 ± Commercial acres per 1,000 people. 4. As an FYI, Port Canaveral has just under 1,000 acres of land designated as commercial. ED 5. Further information has been included from the American Planning Association's Planning Advisory Service (PAS) report on Urban Growth Boundaries. This report provides additional information on commercial to population ratios and describes, "an article in the February 1989 issue of Urban Land by David Van Horn based on a survey of land-use patterns in medium-size cities showed an average ratio of 12.4 acres of commercially developed land per 1,000 population." The City of Cape Canaveral has some what less, (8.8 acres/1000 people) commercial land than the "medium-size city," (12.4 acres/ 1000 people) as reported in the PAS. If you have any questions, or need further information please feel free to contact me at 407-629-8880. (?) City Manager's Office e mo To: PLANNING &ZONING BOARD �� f�� From: BENNETT C. BOUCHER, CITY MANAGERV Date: November 2, 2005 Re: (90) DAY MORATORIUM ON SPECIAL EXCEPTIONS REGARDING RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT ALONG THE A1A CORRIDOR ONLY On November 1, 2005, City Council imposed a (90)day moratorium (see attached Ordinance No. 19-2005). City Council is requesting that the Planning &Zoning Board conduct a comprehensive review of Code Section 110-334(10) and provide a recommendation, if warranted. I have also attached the City Council Meeting minutes from the public hearings to aid in the understanding of City Council's concern on this matter. City staff looks forward to working with you on this issue. BCB:kmm Attachments 1 ORDINANCE NO. 19-2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,FLORIDA IMPOSING A NINETY(90) DAY MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110- 334(10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT; INSTRUCTING THE PLANNING AND ZONING BOARD TO REVIEW THE APPROPRIATENESS OF APPROVING FUTURE CITY PERMITS AUTHORIZING RESIDENTIAL USES IN THE C-1 ZONING DISTRICT AND TO MAKE A RECOMMENDATION TO THE CITY COUNCIL ON SAID ISSUE; AUTHORIZING ONE SIXTY (60) DAY EXTENSION OF THE MORATORIUM TO THE EXTENT NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 110-334(10) of the City Code currently allows by special exception single family dwellings,two family dwellings,townhouses,and multiple-family dwellings in the C-1 commercial zoning districts subject to certain restrictions; and WHEREAS, the City has recently experienced an upsurge in land development pressure including commercial development along the AlA corridor; and WHEREAS,the City's C-1 zoning districts are primarily located along the AlA corridor; and WHEREAS,on September 20,2005,the City Council was presented preliminary data and evidence from the City Planner evidencing that numerous special exceptions have been previously granted by the Board of Adjustment which have authorized residential uses within the C-1 zoning districts; and WHEREAS,as a result of this significant residential encroachment into the C-1 commercial districts, the City Council directed,at the September 20,2005 council meeting, that a moratorium be imposed forthwith because the Council has serious concerns regarding the appropriateness of City of Cape Canaveral Ordinance No. 19-2005 Page 1 of 3 continuing to allow residential uses within the City's C-1 zoning districts; and WHEREAS, residential special exceptions may be eroding the City's C-1 commercial districts and negatively depleting commercial land use opportunities within the City; and WHEREAS,such residential special exceptions may also be creating incompatible land uses within the City; and WHEREAS, the City Council believes that imposing a moratorium on the issuance of residential special exceptions within the C-1 zoning districts will further the City's goal ofprotecting its commercial zoning areas while engaging in a comprehensive review of Section 110-334(10)and its impact on the overall Cape Canaveral community; and WHEREAS, the City Council has directed the Planning and Zoning Board to conduct a comprehensive review of Section 110-334(10)of the City Code and to recommend revisions to the City Council upon completion of this review to the extent necessary; and WHEREAS, the United States Supreme Court has found that the issuance of temporary moratoria in order to preserve the status quo while studying the impact that certain development activities have on an area does not constitute a taking per se;See Tahoe-Sierra Preservation Council, Inc. v. Tahoe Reg. Planning Agency, 535 U.S. 302 (2002); and WHEREAS,it is in the best interests of the City of Cape Canaveral to institute a temporary moratorium in order to study alternative methods ofregulation and mitigation of land clearing within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, HEREBY ORDAINS, AS FOLLOWS: Section I. Moratorium Established. That the above recitals are adopted as Findings of Fact which clearly justify the imposition of a ninety(90)day moratorium on accepting applications and issuing special exceptions in accordance with Section 110-334(10)of the City Code,for any single family dwellings, two family dwellings, townhouses, and multiple-family dwellings in the C-1 commercial zoning districts along the AlA Highway corridor only. The moratorium enacted hereunder shall not apply to any application for a special exception under Section 110-334(10 of the City Code that was filed with the City prior to October 18,2005. ) Section 2. Action to be Taken. During the period of this moratorium, the City of Cape Canaveral Planning and Zoning Board will review section 110-334(10),and other related provisions of the code, and will propose new legislation to the City Council to the extent necessary to protect the C-1 zoning districts for their intended commercial purpose, to promote compatible land uses s within the City,and to preserve and protect the health,safety and welfare of the citizens of the City City of Cape Canaveral Ordinance No. I9-2005 Page 2 of 3 of Cape Canaveral. Sec ion 3. Expiration Date. This ordinance shall expire ninety(90)days after its effective date. The expiration date of this ordinance may be extended for sixty(60) days by majority vote of the City Council at a duly held Council meeting. Section 4. 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 5. Not Incorporated Into Code/Posting. This ordinance shall not be incorporated into the Cape Canaveral City Code. A copy of this ordinance shall be conspicuously posted at the front desk at City Hall, and at other public places deemed appropriate by the City Manager. Sgstitki§zSeverability. 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. Se tion 7. 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,in a regular meeting assembled on the day of 2005. ROCKY RANDELS,Mayor ATTEST: Burt Bruns For Against Bob Hoog SUSAN STILLS, City Clerk Jim Morgan Buzz Petsos Rocky Randels First Reading: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 19-2005 Page 3 of 3 City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 3 of 10 CONVEYOR BELTS WITHIN SETBACKS IN THE M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT BY SPECIAL EXCEPTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES. Mayor Pro Tern Hoog explained that this Ordinance was reviewed and recommended by the Planning & Zoning Board to the City Council and has been duly advertised. Located on the south side of George King Boulevard, the system would consist of an elevated conveyor belt for the purpose of moving aggregate and other material. Mayor Pro Tern Hoog noted that Mr. Randall May was available to answer any questions. There was no public comment. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Adopt Ordinance No. 16-2005 at second reading. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Morgan, For; and Mr. Petsos, For. ORDINANCES: First Public Hearing: 8. Motion to Approve: Ordinance No 19-2005; Imposing a Ninety(90) Day Moratorium on Special Exceptions, Section 110-334(10) Allowing R-2 Residential within the C-1 Commercial Zoning District, at first reading. Attorney Garganese read Ordinance No. 19-2005 by Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA IMPOSING A NINETY (90) DAY MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110-334(10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT; INSTRUCTING THE PLANNING AND ZONING BOARD TO REVIEW THE APPROPRIATENESS OF APPROVING FUTURE CITY PERMITS AUTHORIZING RESIDENTIAL USES IN THE C-1 ZONING DISTRICT AND TO MAKE A RECOMMENDATION TO THE CITY COUNCIL ON SAID ISSUE; AUTHORIZING ONE SIXTY (60) DAY EXTENSION OF THE MORATORIUM TO THE EXTENT NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Pro Tern Hoog noted there have been concerns raised over residential development in commercial districts. Mr. Petsos pointed out that the moratorium ordinance would cover only the SR A1A corridor and should it also cover N. Atlantic Avenue, he would not support the ordinance. City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 4 of 10 Mr. Todd Peetz, City Planner, explained how the commercial areas have evolved over time and noted that 310 Parcels are currently residential uses in C-1 commercial zoning districts. Mayor Pro Tern Hoog stressed that there was no intention to place this moratorium on N. Atlantic Avenue. Mr. Morgan inquired about a list of property owners who have site plans in progress or vested rights in residential usage. Mr. Peetz responded to Mr. Morgan that there is a special exception application for N. Atlantic Avenue and Carver's Cove on SR A1A has inquired into a special exception however no paperwork has been filed. Mr. Peetz continued that another request for a special exception was north of Holman Road and south of Cape Shores Road, which was filed as a comprehensive plan amendment. Attorney Garganese stated that when a special exception is requested, this does not guarantee it will be granted. He continued saying what should be decided is the application deadline in order to afford property owners the ability to file a special exception. Mr. Morgan noted that the City gives notice to affected property owners and suggested an inquiry into property owners who intend to apply for residential use in C-1 zoning. Attorney Garganese asked if the council wanted to allow these special exceptions while the code is being modified. Attorney Garganese explained that the moratorium is adopted in order to maintain status quo while the City implements the code change. Attorney Garganese noted that the City could allow property owners a period of time to file an exception during the moratorium and stated that the ordinance must return before Council for two advertised meetings. Attorney Garganese added that property owners might also request a rezoning which the City Council would vote upon rather than the Board of Adjustment. Mr. Petsos questioned the City's legal standing regarding previous granting of special exceptions. Attorney Garganese responded that special exceptions are granted on a case-by-case basis. Attorney Garganese replied to Mayor Randels that this was not a first reading on the moratorium ordinance and it should be treated as a discussion item. Mr. Boucher related to Mayor Randels that the moratorium Ordinance has been limited to the SR A1A corridor only. Mr. Lamar Russell stated that the Planning and Zoning Board set about in the 1980's to rezone the City. The board was reviewing areas regarding SR A1A and blocks toward Poinsettia Avenue. Council members who owned land in or around these areas and who desired certain residential areas complicated the rezoning. The board at that time compromised, by allowing residential uses in commercial zoning through special exceptions. Mr. Russell stated that a property owner who purchases commercially zoned land does not have vested rights and they would only have a speculation of a special exception being granted for residential use. Mr. Russell continued that the character of the City has changed and special City of Cape Canaveral, Florida City Council Regular Meeting October 4. 2005 Page 5 of 10 exceptions are only granted provided they are controlled and compatible with surrounding land uses. Mr. Russell urged Council to adopt the moratorium and further to grant no more special exceptions for residential use in commercial zoning districts. Mr. Russell responded to Mr. Bruns that every ecial before the Planning and Zoning Board had been approved becausesthey we elon all controlled and compatible. Mr. Russell responded to Mr. Bruns that the Board of Adjustment has denied no special exception. Mayor Randels reviewed the history of the zoning in the City. He noted that initially North Atlantic Avenue was the main artery where the storefront businesses were built. As the city grew, the SR A1A corridor was constructed and this became the main avenue of travel through the city hence the commercial district began displaying on SR A1A. Mr. Don Haynes related the benefits of residential uses such as Cape Gardens. He noted that the Board of Adjustment tends to be non-political and final special exception decisions should remain with that Board. Mr. Haines did not recommend removing the option of special exceptions to allow residential use in commercial zoning districts. Mr. Bruns stated that the City Council is only enacting the moratorium to maintain status quo. Mary Jane Nail stated that she owns property in Ocean Gardens and voiced against the moratorium. She stated that current businesses located in the City of Cape Canaveral are not attractive to her. She stated that the City has a strong Beautification Board and she feels the City should have the ability to move with the change and special exceptions are good for allowing change. Mr. Kevin Markey stated that he is working with Harold and Betty Gould regarding 190 Oak Park Manor Lane, with a pending special exception. Mr. Markey was assured that the special exception process could continue because the property is located on North Atlantic Avenue, which is not included in the moratorium. Mr. Craig Stewart, Oak Lane property owner, questioned Council wanting to eliminate special exceptions. Mr. Stewart stated that he does not want to be mandated to build commercial. It was reaffirmed by Council that North Atlantic was not affected by the moratorium. Ms. Lois Palmer stated that she enjoys and uses the small businesses in the city such as Canaveral Meats. Ms. Palmer voiced in favor of the moratorium. Mr. Lamar Russell stated that City Council could eliminate special exceptions using an amortization period. City of Cape Canaveral, Florida City Council Regular Meeting October 4. 2005 Page 6 of 10 Mr. Jonathan Ferguson, Attorney for Harold and Betty Gould, stated that the moratorium would not affect the Gould's property and thanked council for the clarification. Mr. Shawn Schaffner inquired why North Atlantic was not considered in the moratorium. Mr. Hoog replied that 90 percent of North Atlantic has converted to residential. There was no vote or motion on Ordinance 19-2005. The Ordinance was treated as a discussion item only. Mayor Randels summarized that the ordinance would include SR A1A corridor only and consist of a 90-day moratorium, including a 60-day extension, if necessary. The deadline for applications for special exceptions relating to section 110-334, residential use in C-1 Commercial Zoning, is October 18, 2005. REPORTS: 1. City Manager • Mr. Boucher reported on the stormwater grant for the North Central Ditch project. Grants will cover 74% of the project. The City's share will be only $134,000. • Mr. Boucher reported that the sewer force main bid award will return to the bidding process. • Mr. Boucher reported that there would be a Metropolitan Planning Organization meeting on October 13, 2005 at 9 a.m. in the Government Center. • Mr. Boucher reported that the Florida Department of Transportation denied the City's request to lower the speed limit on SR A1A; however, the speed limit can be lowered on the overpass from 55 mph to 45 mph. • Mr. Boucher reported that the Port Authority would be closing George King Boulevard Thursday night at 8 pm for installation of the conveyor system. 2. Staff Building Official • Mr. Morley reported that Code Enforcement and the Public Works Department are working together to identify problem overflow lighting in regards to the sea turtles. City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2005 Page 3 of 10 A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve Consent Agenda Items No. 1 through 4. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 5. Motion to Approve: Offer on Vacant 3.55 Acre Parcel Located on Astronaut Boulevard. Mayor Randels stated that each Council member, with the exception of Mr. Bruns, stopped by the City Manager's Office to review the Appraisal which is not public record at this time. Mr. Boucher stated that the Council would make an offer based on the knowledge gained in the Appraisal. He clarified that the City's offer was public knowledge; however, the appraisal is not. Mr. Morgan stated that reflective of market trends he would propose an offer of$1,500,000 for the 3.55 acres. Mr. Petsos and Mr. Bruns concurred with Mr. Morgan. Mayor Pro Tern Hoog stated that he reviewed both appraisals and found Mr. Morgan's proposed offer fair and the owners either accept or counteroffer. Mr. Petsos clarified that there were two appraisals. Mayor Randels inquired if a written offer was procedural. Attorney Garganese recommended that the Council present a written offer. Mr. Ray Osborne asked if the former IBM Building was considered. Mayor Randels affirmed that staff researched all existing buildings and vacant land in the City for available property. Ms. Shannon Roberts questioned how the City of Cocoa Beach planned to purchase land for their future City Hall. Mayor Randels replied that all cities must comply with the same MAI procedures of land purchase for municipalities. Mayor Pro Tern Hoog informed that the property to the west of the City of Cocoa Beach's City Hall is being considered for purchase. Mr. John Jensen thanked the Council for their consideration. A motion was made by Mr. Morgan and seconded by Mr. Bruns to Approve the Offer of$1,500,000 for the Vacant 3.55 Acre Parcel Located on Astronaut Boulevard in the C-1 Zoning District. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. ORDINANCES: First Public Hearin : 6. Motion to Approve: Ordinance No. 19-2005; Imposing a Ninety (90) Day Moratorium on Special Exceptions, Section 110-334 (10) Allowing R-2 Residential within the C-1 Commercial Zoning District Along the A1A Corridor. City of Cape Canaveral, Florida City Council Regular Meeting October 18. 2005 Page 4 of 10 Mayor Randels read Ordinance No. 19-2005 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA IMPOSING A NINETY (90) DAY MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110- 334(10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT; INSTRUCTING THE PLANNING AND ZONING BOARD TO REVIEW THE APPROPRIATENESS OF APPROVING FUTURE CITY PERMITS AUTHORIZING RESIDENTIAL USES IN THE C-1 ZONING DISTRICT AND TO MAKE A RECOMMENDATION TO THE CITY COUNCIL ON SAID ISSUE; AUTHORIZING ONE SIXTY (60) DAY EXTENSION OF THE MORATORIUM TO THE EXTENT NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated that he did not see in the ordinance where the moratorium would apply specifically to the SR AlA corridor. Council members clarified that North Atlantic Avenue was exempted from the ordinance. Attorney Garganese stated that some clarifying language could be added to the body of the ordinance in Section 1 in the final sentence to include the language, "along the State Road Al A corridor." Mr. Petsos clarified that this ordinance would return to the Planning and Zoning Board for further review. Mr. Richard Thurm, of 256 Coral Drive, asked where the idea of this ordinance originated. Mayor Randels replied that concerns arose when Mr. Martin Greene presented a mixed- use concept of residential zoning in the commercial district of State Road Al A. He replied further that concerns continuously arose subsequent to any Special Exception granted. Mayor Randels related that no further Special Exceptions would be granted for residential use along the State Road Al A corridor until further review from the Planning and Zoning Board. He clarified that a Special Exception does not designate a Vested Right. Mr. Thurm stated that perhaps the criteria for the Board of Adjustment needed to be reviewed and the Board did not have the right of automatic approval and applications for Special Exceptions were based on merit. Mr. Osborne asked if the location of Mountasia Fun Center on Holman Road was included in the moratorium. Mayor Randels affirmed that if the project were along the State Road Al A corridor then it was included in the moratorium. Mr. Peetz explained that the Planning and Zoning Board actually approved amendments to the Existing Land Use Map not the Zoning Map. A motion was made by Mr. Bruns and seconded by Mayor Pro Tern Hoog to Approve Ordinance No. 19-2005; Imposing a Ninety (90)day Moratorium on Special Exceptions, Section 110-334(10) Allowing R-2 Residential within the C-1 Zoning District Along the A1A Corridor. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting November 1. 2005 �; :;, Page 3 of 8 `* A motion was made by Mayor Pro Tern Hoog and seconded by Mr. Petsos to Approve the Annual City Manager Evaluation. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. ORDINANCES: Second Public Hearing: 7. Motion to Adopt: Ordinance No. 19-2005; Imposing a Ninety (90) Day Moratorium on Special Exceptions, Section 110-334(10)Allowing R-2 Residential within the C-1 Commercial Zoning District Along the A1A Corridor, at Second Reading. There was no public comment. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Adopt Ordinance No. 19-2005 at Second Reading. The vote on the motion carried 5- 0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. 8. Motion to Adopt: Ordinance No. 20-2005; Adopting Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending September 30, 2005, at Second Reading. There was no public comment. A motion was made by Mr. Morgan and seconded by Mayor Pro Tern Hoog to Adopt Ordinance No. 20-2005 at Second Reading. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. RESOLUTIONS: 9. Motion to Adopt: Resolution No. 2005-38; Establishing a Code of Conduct for City Council Members and City Board Members. Mayor Randels read Resolution No. 2005-38 by title. Mayor Randels questions why the language for penalties was not removed from the title. Attorney LaTorre replied that penalty clauses could be removed. Mayor Randels commented on the Resolution's restrictive language. Discussion brought out that this Resolution would allow for the City Manager to administer the policies