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Home My WebLink AboutP&Z Agenda Pkt. 4-25-20121 0-1014 WSYWAI 4 NEW BUSINESS: k-..,lty ut k -.,ape Canaveral Planning & Development Departmen) .......... 201 POLK AVENUE APRIL 25, 2012 7:00 P.M. 2. Recommendation to City Council Re: Proposed Ordinance No. 08-2012 Relating to Tattoo and Body Piercing Establishments. 3. Interview & Recommendation to City Council Re: Potential Regular Voting Member - Ronald Friedman. OPEN DISCUSSION: � •�:, I i�,Q � Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and/or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. 7510 N Atlantic Avenue - P.O. Box 326 - Cape Canaveral, FL 32920-0326 Telephone (321) 868-1206 - Fax (321) 868-1247 www.cityofcapecanaveral.org Date: April 20, 2012 To: Planning and Zoning Board members From: Barry Brown, Planning and Development Director AE: April 25, 2012 P&Z Board Meeting The agenda for this meeting includes a proposed ordinance to regulate tattoo studios and body piercing parlors and an interview of Ron Friedman for a position as a voting member of the Board. Staff has prepared an ordinance for the regulation of tattoo studios and body pierci *1 parlors in the City. The ordinance limits the location of tattoo and body piercil establishments to the M-1 Light Industrial Zoning District and classifies them as Speci Exception uses. i At the last meeting, the Board directed Staff to put the AlA Economic Opportunity Overlay Guidelines into ordinance format and bring back for review and recommendation. Staff is currently in the process of drafting the ordinance format and will bring it to the Board at its next meeting. Email Q, 3rown.@ or call me at 321 868-1206 with questions or comments. MEETING MINUTES MARCH 28, 2012 A Regular Meeting of the Planning & Zoning Board was held on Wednesday, March 28, 2012, at the City Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll. MUTU42--marm-sell Lamar Russell Harry Pearson Donald Dunn John Fredrickson Ron Friedman OTHERS PRESENT Susan Chapman Kate Latorre Barry Brown Andre Anderson NEW BUSINESS Chairperson Vice Chairperson Secretary Assistant City Attorney Planning & Development Director Planning Design Group Approval of Meeting Minutes: February 8, 2012. Motion by Harry Pearson, seconded by John Fredrickson to approve the meeting minutes of February 8, 2012. Vote on the motion carried unanimously. 2. Recommendation to Board of Adjustment Re: Special Exception Request No. 12-01 to Allow a Retail Store to use Outside Display Areas in the C-1 Zoning District - (6811 N. Atlantic Avenue, Unit C) - Al A Beach Rentals LLC, Applicant. Barry Brown, Planning & Development Director, advised that this request was for a Special Exception for outside display of beach rental equipment. He advised that three businesses are located on the property: The Bald Strawberry, Flip Flop Pool & Spa Supplies, and AlA Beach Rentals. The applicant occupies 1,338 sq. feet of the building, which by Code allows an outside display area of 446 square feet. The Board viewed a projection of the site plan. Mr. Brown depicted the parking areas as well as the proposed outside display areas. Discussion followed regarding the site plan not matching the existing layout of the property. Ron Friedman noted that the Code does not allow for parking on the grass. Mr. Brown verified that there was adequate parking for all three businesses; the property was grandfathered from existing paved parking requirements; and the outside display of beach rental equipment is not allowed to be within the required 50 ft. building setback. He advised that any violation(s) of the Special Exception would be handled by City Code Enforcement. He advised that Staff has reviewed the request and recommends approval, with the condition that the Board Order list the items authorized to be displayed. Donald Dunn voiced a concern regarding after hour returns of rental equipment being left outside the building. Daniel Pattillo, Applicant, replied that the person who rents the equipment is responsible and liable for it. Therefore, he could not imagine anyone taking a chance on returning rented equipment and leaving it outside the building after hours. Planning & Zoning Board Meeting Minutes March 28, 2012 Page 2of4 Harry Pearson announced that he did not feel comfortable moving the request forward to the Board of Adjustment with incomplete information. The Board members discussed the items that were not clearly shown on the site plan. Barry Brown advised that Staff would update the plan prior to forwarding it to the Board of Adjustment. Motion by Lamar Russell, seconded by Ron Friedman to recommend that the Board of Adjustment approve Special Exception Request No. 12-01, with the condition that the site plan show the scale; all display areas; parking; and grass areas. Vote on the motion carried by a (4) to (1) majority, with members voting as follows: Donald Dunn, for; John Fredrickson, for; Ronald Friedman, for; Harry Pearson, against; Lamar Russell, for. 3. Recommendation to City Council Re: Proposed Ordinance No. 06-2012 Relating to Resort Condominiums and Resort Dwellings aka Vacation Rentals. Kate Latorre, Assistant City Attorney, explained that since the adoption of Ordinance No. 04- 2007, which regulates Resort Condominiums and Resort Dwellings, there have been enforcement problems with building and fire code compliance. The City has also been involved in litigation with two resort rental properties. Council has recently given direction to Staff to write an Ordinance removing these regulations and allowing the State laws to regulate Resort Condominiums and Resort Dwellings. She stated that there will continue to be heightened State building and fire code requirements imposed on these uses. Further, since the City adopted this regulation, the Florida Legislature has adopted a Statute that will preempt any further local regulations. Because Council only meets once per month, and in an effort to expedite the process, the draft Ordinance was presented to Council on March 20, 2012. Since this is a Land Development Regulation, the Board is required to make a recommendation. Brief discussion followed. Motion by Donald Dunn, seconded by Harry Pearson to recommend that Council adopt the Ordinance, as written. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Adopting A1A Economic Opportunity Overlay District Guidelines. Barry Brown, Planning & Development Director, reported that development of the A1A Economic Opportunity Overlay District for the North A1A corridor is continuing. He advised that the Guidelines were presented to property owners within the proposed A1A Overlay District. The Guidelines were also presented during the Economic Development Open House and at the Council meeting following that. He noted that this was the first time the Guidelines were being presented to the P & Z Board. Andre Anderson, Planning Design Group, gave a PowerPoint Presentation highlighting various revisions made over the past few months addressing the City's Vision, and discussions that have occurred regarding the City's desires. Mr. Brown advised that the City needs to continue to move forward with the Overlay District and city-wide architectural design standards. Discussion followed. Planning & Zoning Board Meeting Minutes March 28, 2012 Page 3 of 4 Chairperson Russell inquired as to the status of the Beachwave project located within the A1A overlay area. Barry Brown advised that the Beachwave Site Plan was currently under review by Staff. He reported that the architectural elevations were reviewed by the Community Appearance Board who approved them with certain conditions. The Applicant appealed the four of the six conditions in the Board Order. That appeal was heard by the Council on March 20, 2012. The Council overturned the Board Order and added its own condition. He explained that given the fact that the Code is so vague, the Council did the feel that they had the legal standing to enforce the conditions. Mr. Brown stated that the City needs to continue to move forward with the Overlay District and city-wide architectural design standards. Discussion followed. Chairperson Russell asked if a new project was submitted today if the new Design Standards would apply. Barry Brown answered that Staff is in the process of drafting design standards and that we have moved far enough along that the City may be able to lean on the Notice of Pending Ordinance to support enforcing the new standards if a project was submitted. Discussion continued. Ron Friedman voiced his opinion that the City should not allow visual advertising for cruise parking, because it gives the City a "honky-tonk" appearance. Donald Dunn commented that he would like to see a roof -top restaurant on top of a 65 ft. building. The audience applauded. Comments from the audience included: increasing alternative vehicle pedestrian ways such as bicycles and Segway's, and increase access to them; urging the Board to move forward with recommending approval of the Guidelines and advance to the next step; workshop the Ordinance, not the Guidelines; and the City should maintain the 45 ft. height restriction. Barry Brown requested that the Board direct Staff to draft an ordinance based on the Guidelines to present to the Board at the next meeting. Mr. Brown advised that if the Board recommends Council approve the Ordinance at the next meeting the Ordinance would be scheduled for first reading at the May Council meeting, and second reading at the June Council meeting. Brief discussion followed. Motion by Lamar Russell, seconded by John Fredrickson, to direct Staff to write an ordinance based on the A1A Overlay District Guidelines, to be presented to the Board at the next meeting for recommendation to Council. Vote on the Motion carried unanimously. OLD BUSINESS Continued Discussion Re: Donation Bins. Barry Brown advised Staffs research has revealed that most Cities do not address the placement of donation bins. The ones that do don't want them. He advised that there are four donation bins placed in the City. Ron Friedman advised that he was against them and they should be banned from being in the City. He commented that people can bring their donations to various thrift shops, churches, the Red Cross, etc. Barry Brown noted that certain establishments that accept donations will actually come to your home and pick up the items. John Fredrickson advised that he would be in favor of a church sponsored donation bin, placed against a building, on the church's property. Donald Dunn advised that he was against having donation bins placed outside; however, he would be in favor of a donation bin being placed inside the doors of a business or church. Harry Pearson inquired if the Board should direct Staff to write an Ordinance. Lamar Russell replied that the Board needed to decide if they want to allow donation bins to be placed in the City or not. Discussion continued. Planning & Zoning Board Meeting Minutes March 28, 2012 Page 4 of 4 Motion by Donald Dunn, seconded by Harry Pearson, to direct Staff to write and forward an Ordinance to Council to prohibit donation bins. Vote on the motion carried unanimously. OPEN DISCUSSION: Motion by Harry Pearson, seconded by Donald Dunn to adjourn the meeting at 9:18 p.m. Approved on this day of , 2012. Lamar Russell, Chairperson Susan L. Chapman, Secretary 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 Code does not currently regulate the location of tattoo and/or body -piercing establishments within the City; and ir-14tollurflog WHEREAS, the City of Cape Canaveral Planning and Zoning Board has reviewed the proposed zoning amendment and recommended approval of this Ordinance; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter I 10, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stfi 1 type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter I 10. It is intended that the text in Chapter I 10 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 -2012 Page 1 of 3 CHAPTER 110. ZONING ARTICLE VII. DISTRICTS DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 110-354. Special exceptions permissible by board of adjustment. (c) Special exceptions may be granted for the following: (15) Tattoo establishments. (16) Body piercing_ establishments required to be licensed under section 381.0075. Fla. Stat. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance _-2012 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _ day of 2012. ATTEST: Rocky Randels, Mayor FOR AGAINST John Bond Angela Apperson, City Clerk Bob Hoog First Legal Ad Published: First Reading: Second Legal Ad Published: Second Reading: Buzz Petsos Rocky Randels Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance _-2012 Page 3 of 3 CITY OF CAPE CANAVERAL APPLICATION FOR APPOITNMENT 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 a i lion -.,C' prohibits a person from serving on a City Board or Committee if that p o felony, unless their civil rights have been restored.' -- Please complete the following in the space provided: JAN 62012 1{ A. GENERAL _ E r 1. Applicant Name: �dy✓. LIQ /EI>!Y?s��t! 2. Home Address: 7'V,2 6,4 ys),y&r Pel U€- *�*,5' 3. Home and Cellular Telephone: Ul ZZ3 6 S`2 T 4. Occupation: /am, V r l fiyiL 5. Business Telephone: �4 6. Business Address: 7. E -Mail: �%/�,Di�'I/t/ 999E 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. 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) (N) 3a. Are you a Business owner: (Y) (N) 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 4b. 5a 5b. If yes to 4a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? If yes to 5a, please list each: P/4-2- eon .��. Page i of 3 (Y) (N) LI -1, (Y) (N) (Y) (N) Y' X ,-gender Z4ern 8"3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent 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? M A-"'- (N) 7a. .: Ara y�otfreiated to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) t/ 7b. If yes to 7e, please provide name(s) of person(s) and relationship to you: C. INTERESTSIEXPERIENCE 9 . Briefly state your Interest in serving on a City advisory board or committee: N�-Y� .4tw�ys BSL io A7 6 F' 7' 'V'C 9 4amn+► Aft7' ZE 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. 2— Board of Adjustment* b. Business and Economic Development Board c. Code Enforcement Board* d. Community Appearance Board* e. 4- Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h._ Planning and Zoning Board* I. Other: *Member of these boards are required to complete and rile with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 9 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: 4. 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. -� M �Gb*s�EG� f �oiE3i JGi�/AZ Fibro /idLh�A I N •�c/v(�/ L /We pKJN davJv`r��v6 E�v6i�1e^�ri,r mit �Joas+-r�,d a y,� 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: Page 2 of 3 RACE GENDER African-American Male Asian -American Female Hispanic -American Not Known Native -American te0000� Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY 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: • 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 wall remain effective for one year from date of completion. • if you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. ��Signature: Date: AA, Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: 116112, Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3