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HomeMy WebLinkAboutcocc_pzagendapacket_20190424 PLANNING & ZONING BOARD REGULAR MEETING CITY HALL COUNCIL CHAMBERS 100 POLK AVENUE, CAPE CANAVERAL, FL 32920 April 24, 2019 6:00 P.M. CALL TO ORDER: ROLL CALL: PUBLIC PARTICIPATION: The Planning & Zoning Board will allow public comment on any item on the agenda at the time each agenda item is considered by the Board, with the exception of ministerial items (e.g., approval of agenda, minutes, informational items, or ceremonial proclamations), emergency items and other items for which there is no opportunity to be heard as provided in section 286.0114(3), Florida Statutes. Quasi-judicial items shall require a public hearing, and public comments will be accepted at the time the hearing is opened. The Planning & Zoning Board ordinarily will not take any official action under the "Reports and Open Discussion" section of the agenda and, accordingly, public comment on these items will not ordinarily be accepted. Should any official action be deemed necessary on an item under "Reports and Open Discussion" or an item added to the agenda during the meeting, public comment will either be accepted prior to official action being taken or will be accepted when the item is placed on a future agenda for further consideration. The Board may limit citizen comments to three (3) minutes if large numbers of citizens are present to comment, except when additional time is required to afford due process for quasi-judicial items. OLD BUSINESS: NEW BUSINESS: 1. Approval of Meeting Minutes: December 13, 2018 2. Per Section 2-171 of the Code of Ordinances, the Planning & Zoning Board shall elect a Chairperson and Vice-Chairperson, by majority vote, at the first meeting held in January, unless there is no January meeting, then the next meeting held. 3. Consideration and Recommendation to City Council Re: Ordinance No. 09-2019, to amend Section 110-28 of the City Code related to Due Process and Special Local Notice Requirements, City of Cape Canaveral, Applicant. April 24, 2019 Planning & Zoning Board Agenda Page 2 of 2 REPORTS AND OPEN DISCUSSION: ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Planning & Zoning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Community Development Department (868-1222, ext. 117) 48 hours in advance of the meeting. PLANNING & ZONING BOARD MEETING MINUTES December 13, 2018 A Meeting of the Planning & Zoning Board was held on December 13, 2018, at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairperson John Price called the meeting to order at 6:00 p.m. The Secretary called the roll. ROLL CALL: MEMBERS PRESENT John Price Chairperson Lamar Russell Vice Chairperson Harry Pearson Melissa Bass Pennie Zuercher OTHERS PRESENT Anthony Garganese City Attorney David Dickey Community Development Director Ginger Wright Board Secretary Mr. Dickey stated the Applicant requested the Board Members withdraw Items #3 and #4 from the Agenda. Motion to withdraw was unanimous. PUBLIC PARTICIPATION None NEW BUSINESS: 1. Approval of Meeting Minutes: July 25, 2018. Motion to approve the Meeting Minutes of July 25, 2018. Vote on the motion carried unanimously. 2. Interview/Recommendation to City Council Re: Potential Board Member— Rick Parker. Not present for the meeting due to scheduling misunderstanding. 3. Consideration and Recommendation to City Council Re: Ordinance No. 03-2019, to amend the Future Land Use Map from R-1 to R-3 for a .81-acre parcel located at 225 Holman Road, per City Code of Ordinances, Chapter 58, Peter Scabarozi, Applicant. WITHDRAWN Planning & Zoning Board Meeting Minutes December 13, 2018 2 4. Consideration and Recommendation to City Council Re: Ordinance No. 04-2019, to rezone a .81-acre parcel from R-1 to R-3 for property located at 225 Holman Road, per City Code of Ordinances, Section 110-35, Peter Scabarozi, Applicant. WITHDRAWN 5. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Ordinance No. 01-2019, to amend the Future Land Use Map from C-1 to R-1 for property located at 8811 Sea Shell Lane, per City Code of Ordinances, Chapter 58, Dennis Warren, Applicant. Staff presented report/photos to include location, surrounding properties/uses, zoning map depicting Harbor Heights subdivision, zoned commercial, property is dividing line between commercial and residential zones (R-1 & C-1) and Items #5 & #6 will be heard as one item but voted on separately. Mr. Dickey noted the proposed Comprehensive Plan amendment and rezoning are consistent with applicable City and State standards. Staff recommended the Planning & Zoning Board take the following action: 1. Recommend approval of Ordinance No. 01-2019, adopting a small-scale amendment to change the land use designation from C-1 to R-1 for property with an address of 8811 Sea Shell Lane. Discussion ensued to include surrounding (single-family homes) properties, criteria, decreasing density, compatibility and past legal action, which City Attorney Garganese addressed to the satisfaction of the Board. Dennis Warren, Applicant, spoke on behalf of the request. Motion by Mrs. Zuercher, seconded by Mr. Pearson to recommend approval of Ordinance No. 01- 2019to City Council subject to a unity of title agreement aggregating the three townhouse lots into one lot to construct a single-family home. Vote on the motion carried unanimously. 6. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Ordinance No. 02-2019, to rezone a parcel located at 8811 Sea Shell Lane from C-1 to R-1, per City Code of Ordinances, Section 110-35, Dennis Warren, Applicant Staff recommended the Planning & Zoning Board take the following action: 1. Recommend approval of Ordinance No. 02-2019, amending the zoning district from C-1 to R-1 for property with an address of 8811 Sea Shell Lane. Motion by Mrs. Zuercher, seconded by Mr. Russell to recommend approval of Ordinance No. 02- 2019 to City Council subject to a unity of title agreement aggregating the three townhouse lots into one lot to construct a single-family home. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes December 13, 2018 3 City Attorney Garganese indicated since both these items met the criteria, repeat testimony was not necessary and the Board could make their motion with the same condition as above. Motion to approve with the condition subject to a unity of title agreement aggregating the three townhouse lots into one lot to construct a single-family home. 7. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Ordinance No. XX-2018, Amending Section 82 of City Code to adopt the 2018 International Property Maintenance Code — City of Cape Canaveral, Applicant. Staff presented report to include Ordinance XX-2018 prepared by the City Attorney, deals with code enforcement issues, currently using the 1998 version, IPMC is revised every three years, property maintenance standards updates are needed and recommendation to adopt the 2018 version. Discussion ensued to include keeping updated code changes as they occur. Motion by Mr. Russell, seconded by Mrs. Zuercher to recommend approval to City Council. Vote on the motion carried unanimously. REPORTS AND OPEN DISCUSSION: None ADJOURNMENT: Mr. Price adjourned the meeting at 6:51 p.m. Approved on this day of , 2018. John Price, Chairperson Patsy Huffman, Board Secretary City of Cape Canaveral Planning and Zoning Board Meeting Date: 04/24/2019 Item No. Subject: Ordinance No. 09-2019; amending Section 110-28 of the City Code related to Due Process and Special Local Notice Requirements for certain zoning hearings; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date. Department: Community Development (CD) Summary: An integral part of the local zoning process is the opportunity for residents/property owners/interested parties to have an opportunity to provide input to local decision makers, whether that be an advisory board or the City Council. To ensure the public is afforded ample opportunity, City Code (Sec. 110-28) spells out minimum requirements for noticing public meetings. Section 110-28(b) of the City Code establishes the following local notice requirements for certain zoning actions. Specifically: In addition to any notice requirements provided by state law, all public hearings under this article shall be publicly noticed for at least 14 calendar days prior to the date of the hearing. Said notice shall include the address of the subject property, matter to be considered and the time, date and place of the hearing. The city shall post notice of public hearings in the following manner: (1) Posting the affected property. (2) Posting at city hall and on the city's official website. (3) Notifying all owners of real property (including homeowner's and condominium associations) adjacent to and within 500 feet of the subject property. All notices required by this subparagraph may be sent by regular mail except that public hearings related to applications for rezoning shall be sent by certified mail, return receipt requested. Further, unless otherwise provided by law, notices required by this subsection shall only be mailed for the first public hearing before the first board required to hear an application under this article. Subsequent hearings on the same application shall not be required to be noticed by this subsection. Applicants shall be solely responsible for the costs incurred for notification under this subparagraph. (4) Notifying, by certified mail, the owner(s) of the subject property for which the application is being made. Note these courtesy notice requirements are in addition to any required State requirements, such as display ads for Comprehensive Plan Amendments, etc. As indicated in paragraph (3) above, all notices related to rezonings are required to be sent certified mail, return receipt requested. This can add a great deal of cost to the process. In particular with large-scale requests. As an example, the City is considering a large-scale rezoning project to address over 700 non- conforming commercial properties. When the 500-foot radius is applied, as indicated above in paragraph (3), over 5,000 properties would be included. As a result, USPS mailing cost to the public will total approximately $37,500 ($7.50 per certified/return receipt letter), negatively impacting limited public resources. Planning and Zoning Board Meeting Date: 04/24/2019 Item No. Page 2 of 2 As indicated above, compliance with current Code notice requirements can be overly burdensome and, in certain situations, place an unreasonable demand on an applicant. In response, the City Attorney has prepared the attached Ordinance to revise notice requirements for rezonings, special exceptions and variance actions. The proposed revisions include: • The creation of a notice process for City-initiated zoning actions affecting more than one noncontiguous parcel of land and more than five acres. The notice for these actions will include: o Posting the meeting notice at City Hall and on the City's official website, and o Notifying, via certified mail, the owner of the subject parcel for which the administrative application is being made by the City. • Revising the current notice procedures for other applicants to include: o Post the affected property o Posting at City Hall and on the City's official website; o Notifying property owners within five-hundred feet of the subject parcel by regular mail, rather than certified mail as currently required; and o Notifying owners of the subject parcel by regular mail or email, rather than certified mail as currently required. As indicated above, the City currently sends courtesy notices to property owners within 500 feet of a property being rezoned via USPS Certified Letters. The proposed ordinance would revise the mailing to First Class regular mail. The strength of USPS First Class mail is evident with the example of the City of Cocoa water bills — they are delivered successfully through First Class mail every month. Also, the 2018 Community Survey showed that electronic communication from the City is the preferred method of communicating with citizens, so we will continue to go above and beyond by posting notices to the City website, the Weekly Update and social media platforms. Several housekeeping items are also being addressed that will provide a degree of flexibility to the current process. Public hearings that are postponed or continued by the City will be required to be noticed for at least three days. To expedite implementation of the proposed standards, first reading of the Ordinance was considered and approved by Council at its April 16, 2019 meeting. Any revisions to the Ordinance that the P&Z Board may have will be presented to the Council at second and Final reading. Attachment: Ordinance No. 09-2019 The CD Staff recommends that the Planning and Zoning Board take the following action: Recommend approval of Ordinance No. 09-2019 to the City Council. Approved by CD Director: David Dickey Date: City of Cape Canaveral Ordinance No. 09-2019 Page 1 of 3 ORDINANCE NO. 09-2019 1 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 3 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; 4 AMENDING SECTION 110-28 OF THE CITY CODE 5 RELATED TO DUE PROCESS AND SPECIAL LOCAL 6 NOTICE REQUIREMENTS FOR CERTAIN ZONING 7 HEARINGS; PROVIDING FOR THE REPEAL OF PRIOR 8 INCONSISTENT ORDINANCES AND RESOLUTIONS, 9 INCORPORATION INTO THE CODE, SEVERABILITY 10 AND AN EFFECTIVE DATE. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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 Council desires to amend City special local notice requirements for certain zoning hearings to streamline local notice requirements by balancing various legitimate public interests and taking into consideration common sense, practical concerns such as public expenses and limited resources, efficient and timely decision making by the City on land use matters and unreasonableness; 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, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Section 110-28 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions): Sec. 110-28. - Due process; special notice requirements. 38 (a) All applicants and interested parties shall be afforded minimal due process as required by39 law, including the right to receive notice, be heard, present evidence, cross-examine witnesses,40 and be represented by a duly authorized representative.41 (b) In addition to any notice requirements provided by state law, all public hearings under this42 article shall initially be publicly noticed for at least 14 calendar days prior to the date of the43 hearing. Public hearings that are postponed or continued by the City shall be publicly noticed44 for at least 3 calendar days unless otherwise required by the board. Said notice shall include45 the address of the subject property, matter to be considered and the time, date and place of the46 hearing. The city shall post notice of public hearings in the following manner:47 City of Cape Canaveral Ordinance No. 09-2019 Page 2 of 3 (1) Posting the affected property. 1 (2) Posting at city hall and on the city's official website. 2 (3) Notifying all owners of real property (including homeowner's and condominium 3 associations) approximately adjacent to and within 500 feet of the subject property. All 4 notices required by this subparagraph may be sent by regular mail except that public 5 hearings related to applications for rezoning shall be sent by certified mail, return receipt 6 requested. Further, unless otherwise provided by law, notices required by this subsection 7 shall only be mailed for the first public hearing before the first board required to hear an 8 application under this article. Subsequent hearings on the same application shall not be 9 required to be noticed by this subsection. Applicants shall be solely responsible for the 10 costs incurred for notification under this subparagraph. 11 (4) Notifying, by certified regular mail or email, the owner(s) of the subject property for 12 which the application is being made. 13 The notice requirements set forth in subsections (1), (2), and (3) above are hereby deemed to 14 be courtesy notices. The failure to provide such courtesy notices shall not be a basis of appealing 15 any decision made under this chapter. 16 (c) When any proposed zoning district boundary change, variance, or special exception lies 17 within approximately 500 feet of the boundary of any property under another government's 18 jurisdiction, notice shall be forwarded to the governing body of the appropriate government 19 authority in order to afford such body an opportunity to appear at the hearing and express its 20 opinion on the effect of said proposed district boundary change, variance or special exception. 21 (d) Comprehensive administrative rezoning, variance, or special exception applications 22 initiated by the City affecting more than one noncontiguous parcel of land and more than five acres 23 of land shall not be subject to the notice requirements set forth in this section. Unless otherwise 24 required by state law, all public hearings under this subsection (d) shall initially be publicly noticed 25 for at least 14 calendar days prior to the date of the hearing. Public hearings that are postponed or 26 continued by the City shall be publicly noticed for at least 3 calendar days unless otherwise 27 required by the board. In addition to any notice requirements provided by state law, public notice 28 of the hearing of such applications shall include the address of the subject property, matter to be 29 considered and the time, date and place of the hearing and shall be posted in the following manner: 30 31 (1) Posting at city hall and on the city's official website. 32 33 (2) Notifying, by regular mail, the owner(s) of the subject parcels of land for which the 34 administrative application is being made by the City. 35 36 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 37 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 38 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 39 40 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 41 Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be 42 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 43 like errors may be corrected and additions, alterations, and omissions, not affecting the 44 construction or meaning of this Ordinance and the City Code may be freely made. 45 46 City of Cape Canaveral Ordinance No. 09-2019 Page 3of3 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 1 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 2 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall 3 be deemed a separate, distinct and independent provision, and such holding shall not affect the 4 validity of the remaining portions of this Ordinance. 5 6 Section 6. Effective Date. This Ordinance shall become effective immediately upon 7 8 9 10 11 Bob Hoog, Mayor 12 13 14 15 For Against Mike Brown Robert Hoog Wes Morrison Rocky Randels Angela Raymond 16 ATTEST: 17 18 19 20 Mia Goforth, CIVIC 21 City Clerk 22 23 First Reading: April 16, 2019 24 Planning & Zoning Board 25 Hearing: 26 Advertisement: 27 Second Reading: 28 29 Approved as to legal form and sufficiency 30 for the City of Cape Canaveral only by: 31 32 33 Anthony A. Garganese, City Attorney 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 2019.