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HomeMy WebLinkAboutcocc_pzagenda_packet_20190509 PLANNING & ZONING BOARD REGULAR MEETING CITY HALL COUNCIL CHAMBERS 100 POLK AVENUE, CAPE CANAVERAL, FL 32920 May 09, 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. Discussion Item – Nonconforming Commercial Rezoning Project – No Action Required REPORTS AND OPEN DISCUSSION: May 09, 2019 Planning & Zoning Board Agenda Page 2 of 2 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. 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 April 30, 2019 TO: Planning & Zoning Board FROM: David Dickey, Community Development Director SUBJECT: Nonconforming Commercial Rezoning Project City Staff, in conjunction with the East Central Florida Regional Planning Council (ECFRPC) held a public workshop on January 8, 2019, to discuss the more than 700 properties within the City that are improved with a residential structure, but are zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. For this reason, a long-term, comprehensive solution is proposed that will reclassify these structures as conforming and no longer subject to restrictions associated with nonconformities. Background The first question to discuss is how did this situation arise? A review of the City’s historical maps shows that the zoning within the N. Atlantic corridor has not changed since the City’s incorporation in the early 1960’s. Historically, N. Atlantic Avenue was the City’s primary north-south traffic artery and as such, commercial zoning was located along the route. However, when Astronaut Boulevard was constructed, the traffic patterns changed. N. Atlantic Avenue no longer functioned as the primary traffic route and the much of the commercial zoning along it became obsolete/unnecessary. One of the actions the City took to address this shift in land use was to allow (through the special exception process) residential development within the commercial zoning districts. However, over time, this resulted in a patchwork of residential and commercial uses throughout the corridor and in many situations, incompatible uses were located adjacent to one-another. A majority of the commercial uses along N. Atlantic Avenue, particularly those north of Central Avenue are automobile related/dependent. The notable ones include a mini-warehouse facility, a convenience store (w/gas sales) and an office building. The significance of this is that there has been a concerted effort via the N. Atlantic Streetscape project, to slow traffic along this section of N. Atlantic and to foster a more pedestrian-friendly environment. Future expansion of these commercial uses needs to be curtailed to fully realize this goal and to shift commercial traffic to SR A1A. In addition, there are several built-out residential subdivisions that are currently zoned commercial, including Ocean Gardens, Atlantic Gardens and Portside Villas located within the N. Atlantic corridor. There is not a simple fix to this situation. However, the first step was taken by the Council in 2016, when Ordinance No. 02-2016 was adopted. This ordinance revamped the way the City handled special exceptions, to include the elimination of the special exception provision for residential in commercial 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 districts. The adoption of this ordinance made existing residential uses in commercially-zoned districts nonconforming and subject to associated restrictions. These restrictions are found in Article V – Nonconformities, as contained within the City Code. The intent of the Code is to allow for the continuation of a nonconforming structure or use, but that they be subject to the following provisions: a. No such structure may be enlarged or altered in a way which increases its nonconformity; b. Any structure or portion thereof may be altered to decrease its nonconformity; c. Should such structure be destroyed, it shall not be repaired or reconstructed except in conformity with the provisions of the City Code; and d. Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations of the zoning district in which it is located after it is moved. e. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the adoption or subsequent amendment of the City Code; unless such use is changed to a use permitted in the district in which such use is located; f. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the adoption or subsequent amendment of the City Code; g. No additional structures which do not conform to the requirements of the City Code shall be erected in connection with such nonconforming use of land. As indicated earlier in this memo, there are approximately 700 properties in the City considered nonconforming. Attachment 1, which highlights the parcels to be rezoned, indicates that this problem is not isolated in any one part of the City. However, the properties are generally located along N. Atlantic Avenue. Attachment 1 indicates the parcels to be rezoned from commercial to residential, as well as those to be rezoned to Public/Recreation and Conservation. Attachments 2 and 3 include a current and proposed City-wide zoning map respectively. The Public/Recreation designation will be assigned to parcels under City and/or another public entity ownership, while the Conservation designation will be given to parcels that have are encumbered due to grant and/or environmental considerations. The proposed administrative rezoning will provide a comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel will be evaluated to determine its current use, with an eye towards sustainable, long-term property appreciation and sound land planning principles. Please call me at (321) 868-1220, or e-mail me at d.dickey@cityofcapecanaveral.org should you have any questions regarding this matter. Attachments cc: Honorable Mayor and City Council David Greene, City Manager Anthony Garganese, City Attorney Brenda Defoe-Surprenant, City Planner Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community F 0 0.25 0.50.13 Miles City of Cape Canaveral Parcels for Proposed Rezoning (2019) Legend City of Cape Canaveral Boundary Proposed Parcels for Rezoning to Public/Recreation Proposed Parcels for Rezoning from Commerical to Residential City of Cape Canaveral Parcels Proposed Parcels for Rezoning to Conservation THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. The information provided is for use “as-is”, along with the understanding that it is not guaranteed to be accurate or complete. While the City of Cape Canaveral makes every effort to ensure accuracy, correctness, and timeliness of the data presented, the user acknowledges and accepts the above limitations on the data portrayed and acknowledges that the data shown is dynamic and is in a constant state of maintenance, correction and update. GIS maps and data are for reference purposes only and do not replace official documents. The user is responsible for verifying all information. Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community City of Cape Canaveral 2019 Proposed Zoning Map Legend City of Cape Canaveral Boundary Proposed Zoning Categories (2019) C-1 C-2 CON M-1 PUB/REC R-1 R-2 R-3 City of Cape Canaveral Parcels F 0 0.25 0.50.13 Miles THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. The information provided is for use “as-is”, along with the understanding that it is not guaranteed to be accurate or complete. While the City of Cape Canaveral makes every effort to ensure accuracy, correctness, and timeliness of the data presented, the user acknowledges and accepts the above limitations on the data portrayed and acknowledges that the data shown is dynamic and is in a constant state of maintenance, correction and update. GIS maps and data are for reference purposes only and do not replace official documents. The user is responsible for verifying all information.