HomeMy WebLinkAboutPacket 12-20-2011 RegularCity of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/20/2011
Item No. 6
Subject: Adopt Ordinance No. 13-2011; amending the code of ordinances to reorganize
and streamline the City's development review process and to modify the composition
and duties of certain city boards; amending Chapter 2, Administration, related to
committees and commissions; amending Chapter 22 related to community
development; amending Chapter 46, related to the Library Board; amending Chapter
54, related to parks and recreation; amending Chapter 110, related to the Board of
Adjustment and Planning and Zoning Board, and related to land use decisions and site
plans; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the code; severability; and an effective date.
Department: Administration
Summary: On August 16, 2011, Staff presented to Council proposed revisions to the
Code that would streamline the development approval process and restructure certain
advisory boards. After discussion, the Council unanimously passed a motion to
proceed with policy and ordinance revisions to implement the recommendations.
Ordinance No. 13-2011 addresses the following recommendations:
Revisions to the Development Approval Process
The goal of City Staff is to establish a development approval process that is user
friendly, less costly and time consuming, supports job growth and economic
development, and results in a better built environment. Staff proposes to accomplish
this goal by revising applications to be more intuitive and informative and by
streamlining the site plan review process. Staff proposes to streamline the review
process by shortening Staff review timeframes and assuming more of the review and
approval responsibilities while relieving advisory boards and the Council of some of their
responsibilities.
These revisions follow recommendations developed by the Economic Development
Commission of Florida's Space Coast as part of the S.N.A.P. initiative. S.N.A.P. is an
acronym for Simplified, Nimble, Accelerated, Permitting. During the SNAP process, the
EDC and local governments developed a best practices model for both building and site
permitting to streamline permitting processes throughout the County.
Architectural Review
Objectives: 1) To create an architectural review process that results in a more
architecturally appealing built environment; provides applicants, architects and
engineers with guidelines in designing structures; and makes the review process more
objective while continuing to allow for subjective and site specific input by City Staff and
Boards; and 2) saves dollars by relieving the Community Appearance Board (CAB) from
review of single family homes, small commercial projects, commercial building colors
and signs.
City Council Meeting Date: 12/20/2011
Item No. 6 continued
Page 2
Recommendations:
1. Remove Level 1 review as a consideration for the CAB. Level 1 review includes
residential construction not exceeding three units and commercial additions
exceeding 850 square feet. Level 1 review can be handled by Staff.
2. Remove review of signs by the CAB and clarify that fences do not require CAB
review. The City adopted a major revision to the sign ordinance in May 2009 that
dearly establishes sign specifications rendering review by the CAB unnecessary.
Items addressed in Ord. No. 13-2011:
1. Sec. 22-44 revised to remove Level 1 review as a consideration for the CAB.
2. Sec. 22-40(a) revised to delete review of signs by the CAB and clarify that fences do
not require CAB review.
Site Plan Review
Objective: Expeditiously review site plans thereby saving the applicant and the City
time and money.
Recommendations:
1. Streamline the review process - Remove responsibility for site plan approval from
the Council and restore it to a Staff function. This will accelerate the approval by at
least two weeks, usually more, and save the applicant the cost of consultants
attending the Council meeting. By the time a site plan set reaches the Council, any
significant revisions would be costly and time consuming.
2. Reduce the number of site plans requiring review beyond the Staff level by removing
requirement for commercial additions to go through formal site plan review pursuant
to Chapter 110-221.
3. Clarify that site plan submittal and Staff review are required for all development and
redevelopment projects.
4. Require site plans to be prepared by an appropriately licensed design professional.
Items addressed in Ord. No. 13-2011:
1. Sec. 110-223 revised to remove Council from the site plan approval process and
make the P&Z Board recommendation a recommendation to Staff.
2. Sec. 110-221 amended to remove commercial additions exceeding 850 sf from
requiring full site plan review and thereby making commercial additions subject to
Staff review only.
3. Sec. 110-221 revised to call for site plan submittal and Staff review for all
development projects.
4. Sec. 110-222 & 223 revised to call for site plan preparation by an appropriately
licensed design professional.
Variances and Administrative Appeals
Objective: To streamline the process for variances and administrative appeals.
Recommendation: Discontinue recommendation from P&Z; take variances and
administrative appeals directly to the Board of Adjustment. The majority of cities in
Brevard County take this approach.
City Council Meeting Date: 12/20/2011
Item No. w continued
Page 3
Item addressed in Ord. No. 13-2011:
Sec. 110-37 amended to remove the recommendation from P&Z for variances and
administrative appeals.
Restructuring of Advisory Boards and Committees
All Boards
Periodically, the City needs to reevaluate the function and form of its advisory boards.
Advisory Boards should be structured in a manner that best serves the needs of the
Council and citizens by providing more citizen participation, now and over time, and by
being more responsive to the changing economic, aesthetic, recreational and cultural
needs of the City. In light of recent revisions to the City Charter, the EDC's S.N.A.P.
Initiative, and in an effort to increase citizen involvement, Staff has reevaluated the
function and form of the Advisory Boards and Committees and is proposing the
following changes.
Recommendations:
1. Staff recommends that all Boards consist of seven voting members, rather than five,
and that there be no alternates. This will allow for more citizens to participate fully in
Board actions, removes second class status from alternates, and precludes non-
voting members from coopting Board discussions and deliberations.
2. Board members should be appointed to a single three-year term. Board members
may be eligible for one additional term, but should be subject to review by the City
Council prior to being reappointed and limited to two terms as is the Council. If
Board members desire to serve an additional term, they should reapply and state
their case for continuing to serve on the Board with an emphasis on the contributions
they have made to the Board.
3. Revise names and duties for the Board of Adjustment, Business and Cultural
Development Board, Community Appearance Board, Recreation, and Planning and
Zoning Boards.
Items addressed by Ord. No. 13-2011:
1. See below for reference to code sections revising the number of voting members for
each board.
2. Sec. 2-171(f) has been revised to reflect term limitations for board members.
3. See below for reference to code sections revising the name, purpose and duties for
the Board of Adjustment, Business and Cultural Development, Community
Appearance, Planning and Zoning and Recreation Boards.
Beautification Board
Staff believes that there is some overlay of duties between the Beautification Board and
the Community Appearance Board and that greater efficiency can be obtained by
eliminating the Beautification Board and transferring some of its duties to the
Community Appearance Board.
City Council Meeting Date: 12/20/2011
Item No. 6 continued
Page 4
Recommendation: Eliminate th.e Beautification Board and transfer some of its duties to
the Community Appearance Board.
Items addressed in Ord. No. 13-2011:
1. Sec. 2-181-186 has been revised to delete reference to th.e Beautification Board.
2. Sec. 22-36 (c) has been revised to add "Tree City" designation responsibilities to the
Community Appearance Board.
Business and Cultural Development Board
The Board has achieved many of its stated purposes including preparation of a
commercial redevelopment plan. While cultural activities broadly support business, they
are not part of the core mission of an economic development advisory body. Staff
believes the purpose and duties should now be focused on economic development and
job creation. The Board should be renamed the Business and Economic Development
Board (BED) to reflect this change of focus and cultural duties should be transferred to
the Cultural and Leisure Services Board. The Board may include some members from
the existing board, Visioning Committee members, and business owners or managers in
Cape Canaveral. All members shall either live, own or manage businesses in Cape
Canaveral. Beyond general economic development, the Board will encourage
implementation of the 2010 EDAP.
Recommendations:
1. Change name to Business and Economic Development Board.
2. Consist of seven voting members.
3. Transfer cultural duties to the Cultural and Leisure Services Board.
4. Define duties of new Business and Economic Development Board.
5. Board makes recommendations and confers with the City rather than City Council.
Items addressed in Ord. No. 13-2011:
1. Sec. 22, Article II: - renaming Business and Cultural Development Board as the
Business and Economic Development Board and revising the purpose and duties of
the Board.
2. Sec. 22-28 revised to call for seven voting members.
3. Sec. 22-33 revised to remove references to cultural duties.
4. Sec. 22-33 revised to define role of BED Board including review of applications for
development incentives and recommendation to the City Council regarding granting
of incentives.
5. Sec. 22-33 revised to call for Board to confer with the City rather than City Council
as the Board works directly with Staff and, as such, Staff becomes the conduit by
which policy direction of the Council is conveyed to the Board and, in turn,
recommendations of the Board are conveyed to the Council.
Board of Adjustment
Recommendation: The Board should consist of seven voting members, rather than
five, and there should be no alternates.
City Council Meeting Date: 12/20/2011
Item No. 6 continued
Page 5
Item addressed in Ord. No. 13-2011: Sec. 110-2(a) revised to call for seven voting
members rather than five.
Community Appearance Board
Recommendations:
1. Merge duties/responsibilities from the Beautification Board into the Community
Appearance Board including "Tree City" designation responsibilities.
2. The Board should consist of seven voting members.
3. Remove responsibility for Level 1 review.
Items addressed in Ord. No. 13-2011:
1. Sec. 22-36 amended to transfer responsibility for "Tree City" standards from the
Beautification Board.
2. Sec. 22-37(a) revised to call for seven members on the Board.
3. Sec.22-44 amended to remove responsibility for Level 1 review.
Planning and Zoning Board
Recommendations:
1. Consist of seven voting members.
2. Remove P&Z from variance and administrative appeal process.
3. Board makes recommendations and confers with the City rather than City Council.
Items addressed in Ord. No. 13-2011:
1. Sec. 110-3 revised to call for a seven member board.
2. Sec. 110-3 amended to remove advisory responsibilities for variances and
administrative appeals.
3. Sec. 110-33 (b) revised to call for Board to confer with the City rather than City
Council as the Board works directly with Staff and, as such, Staff becomes the
conduit by which policy direction of the Council is conveyed to the Board and, in
turn, recommendations of the Board are conveyed to the Council.
Recreation Board
Recommendations:
1. Incorporate cultural duties formerly handled by the Business and Cultural
Development Board.
2. Rename Cultural and Leisure Services Board.
3. Board makes recommendations and confers with the City rather than City Council.
Action Item:
1. Chapter 54 revised to change name to Cultural and Leisure Services Board.
2. Sec. 54-28 revised to include cultural events.
3. Sec. 54-28 revised to call for Board to confer with the City rather than City Council
as the Board works directly with Staff and, as such Staff becomes the conduit by
which policy direction of the Council is conveyed to the Board and, in turn,
recommendations of the Board are conveyed to the Council.
City Council Meeting Date: 12/20/2011
Item No. 6 continued
Page 6
On November 9, 2011, the Planning and Zoning Board considered Ordinance No. 13-
2011, and by unanimous vote, recommended that Council approve the proposed
ordinance with the following amendment, as shown in bold underline: Page 17,
Section 110-221. Submittal and review required, should read as follows: Under this
chapter, site plan submittal and staff review shall be required for all development and
redevelopment proiects, except single-family, two-family, and three family dwelling
units, or alterations thereto, and minor commercial improvements, Further, site
plan submittal and planning and zoning board review is required for the following...
Staff requested the additional language to recognize that while certain projects require a
plot plan they do not require the preparation of a full site plan set per code.
The Ordinance was passed with amendments to Sec. 2-172. Code of Conduct parts (d),
(i) and (I) adding the language "city council members" and "city council" at first reading
on November 15, 2011 and the Notice of Public Hearing was published November 18,
2011.
Submitting Department Director: Angela Apperson ' Date: 11-28-11
Attachment: Ordinance No. 13-2011.
Financial Impact: Cost to prepare and advertise the ordinance. Savings will accrue to
City as fewer board meetings will be held as a result of revisions to the development
approval process and the elimination of the Beautification Boar.
Date: {► � �t
Reviewed by Finance Director: Andrea Bowers ��j l
The City Manager recommends that City Council take t e following action(s):
Approve Ordinance No. 13-2011.
Approved by City Manager: David L. Greene D 'V-- Date: 1 th.S/I
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain