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HomeMy WebLinkAboutcocc_p&z_agenda_pkt_20201028 CAPE CANAVERAL PLANNING & ZONING BOARD/LAND PLANNING AGENCY City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 For viewing/participating in the Meeting remotely via GoToWebinar: Register at: https://attendee.gotowebinar.com/register/374983353387317520 Listen at: +1 (631) 992-3221; AttendeeAccess Code:984-706-298 October 28, 2020 6:00 P.M. COVID-19 PANDEMIC ADVISORY: Due to the COVID-19 Pandemic Emergency, this meeting will be held both in-person and virtually by communications media technology (CMT). Instructions for the public to attend and provide public comments during this meeting are accessible at www.cityofcapecanaveral.org/instructions as well as attached to this agenda. CALL TO ORDER ROLL CALL PUBLIC PARTICIPATION Member of the public may provide comments to the Planning & Zoning Board/Land Planning Agency (PZB) regarding matters not on the agenda provided that the comments are relevant to the legal responsibilities delegated to the PZB by the City Code and law, and not related to pending quasi-judicial matters which will be heard at a subsequent PZB meeting. Public comments related to public hearing Agenda Items will occur during the public hearing. The PZB is not required to take public comments on emergency or ministerial items (e.g. approval of agenda, minutes, informational items). Members of the public will limit their comments to three (3) minutes. The PZB will not take any action under the “Public Participation” section of the agenda. However, if appropriate at the discretion of the PZB, the PZB may schedule matters commented upon during public participation at a future PZB meeting. OLD BUSINESS NEW BUSINESS A.Board Matters: 1.Approval of Meeting Minutes – September 24, 2020 2.Interview Board Applicant – Susan Denny B.Comprehensive Plan Amendments (Legislative – Public Hearings): C.Quasi-Judicial Matters (Public Hearings): 1.Consideration and Recommendation Re: Site Plan Approval for a 150-room hotel located at 9009 Astronaut Boulevard per City Code of Ordinances, Section 110-223 –Allen Engineering, Applicant.CONTINUED PZB Agenda – October 28, 2020 Page 2 of 2 2.Consideration and Recommendation Re: Site Plan Approval for a four (4) unit townhouse project located on Fillmore Avenue or Parcel #24-37-23-CG-53-10 per City Code of Ordinances, Sec. 110-223 – Allen Engineering, Applicant. CONTINUED 3.Consideration and Recommendation to the City Council Re: Preliminary/Final Plat Approval for a four (4) unit townhouse project located on Fillmore Avenue or Parcel #24-37-23-CG-53-10 per City Code of Ordinances, Sec. 98-61 – Allen Engineering, Applicant. CONTINUED D.City Council Legislative Matters (Public Hearings): 1.Consideration and Recommendation to the City Council Re: Ordinance No. XX- 2020 to amend Chapter 94 - Signs – City of Cape Canaveral, Applicant. REPORTS AND OPEN DISCUSSION Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: ADJOURNMENT: 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 City Clerk’s office \[(321) 868-1220 x207 or x206\] 48 hours in advance of the meeting. PLANNING & ZONING BOARD MEETING MINUTES September 24, 2020 A Meeting of the Planning & Zoning Board was held on September 24, 2020, at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Lamar Russell, Chairperson, called the meeting to order at 6:00 pm The Secretary called the roll. ROLL CALL MEMBERS PRESENT Lamar Russell Chairperson John Price Vice-Chairperson Dr. Michael Miller Nancy Gentilquore Steven Shroud T OTHERS PRESENT F Anthony Garganese City Attorney Community Development Director David Dickey A Patti Roth Board Secretary R PUBLIC PARTICIPATION None D NEW BUSINESS 1.Approval of Meeting Minutes: February 19, 2020 Motion by Mr. Price and seconded by Dr. Miller to approve the Meeting Minutes as written. Vote on the motion carried unanimously. 2.Interview Board Applicant – Morgan Hamby Mr. Dickey advised the Board that he received an email from Ms. Hamby and she has decided to withdraw her application. She has a family situation and has decided now isn’t a good time to serve on the Board but would be interested in the future. 3.Administrative Site Plan Approvals – 8550 Astronaut Blvd. (North and West) Mr. Dickey gave an overview of the Site Plan Minor Amendment – North Side. The revised plan is for both a slab update and the placement of two vertical water tanks. A small 8’ X 16’ storage building will also be included in this work. City Engineer, Mr. John Pekar, recommended approval of the application. Discussion ensued regarding the Review Criteria Analysis. The proposed west modifications will allow for the installation of three (3) concrete pads and associated tanks located adjacent to the west side of the primary structure. The overview was an FYI for the Board Members. A motion was not required and no action needed to be taken. 4.Quasi-Judicial and/ or Public Hearing: Consideration and Recommendation to the City Council Re: Ordinance No. XX-2020 to amend Chapter 110 – Re: Off-street Parking Standards – City of Cape Canaveral, Applicant Mr. Dickey gave a summary for the above ordinance. The City Council discussed the need to revise the City’s parking requirements to allow for alternative parking surfaces at their November 19, 2019 regular meeting. The discussion included “parking regulations related to T private and commercial properties, parking on grass in residential and commercial areas, and impacts on the Indian River Lagoon. Discussion ensued about possible revisions to City F Code and the implementation of specific goals on the proposed ordinance. Motion by Mr. Price and seconded by Dr. Miller to approve the recommendations including the use of washed gravel to City Council. Vote on the motion carried unanimously. A 5.Quasi-Judicial and/ or Public Hearing: Consideration and Recommendation to the R City Council Re: Ordinance No. XX-2020 to amend Chapter 110 – Re: Mobile Food Dispensing Vehicles – City of Cape Canaveral, Applicant At its December 13, 2017 regular meeting, the Planning & Zoning Board discussed an item D related to Mobile Food Dispensing Vehicles (MFDV). At that time the City policy only allowed MFDV’s at approved special events. Following the discussion, the Board decided to recommend that no change to City policy related to MFDV’s be initiated. On July 1, 2020, the FL Legislature enacted Section 509.102, FL Statues that provides a limited preemption regarding the operation of a MFDV in FL municipalities. A municipality cannot require a separate license, registration, or permit other than that required by the state or require the payment of any license, registration, or permit fee other than that required by the state. Mr. Price expressed dissatisfaction with allowing food trucks coming from Orlando and not paying a fee. Discussion ensued and it was decided that the Board recommend approval of the ordinance. Motion by Mr. Price and seconded by Mr. Russell to approve the ordinance to City Council. REPORTS AND OPEN DISCUSSION None ADJOURNMENT Motion by Mr. Price and seconded by Mr. Russell to adjourn the meeting at 7:25 pm Approved on this ______ day of __________________, 2020. ___________________________________________ Lamar Russell, Chairperson ___________________________________________ Patti Roth, Board Secretary T F A R D Cityof Cape Canaveral Planning & Zoning Board Meeting Date: 10/28/2020 Item No. _____ Subject:Ordinance No. XX-2020; Amending Chapter 94 Signs; providing for amendments to electronic messaging signs; providing for amendments to Section 94-100 and Table 94-96-1 to include sign requirements specifically for the Public/Recreation (PUB/REC) zoning district; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability, and an effective date. Applicant/Owner:City of Cape Canaveral Summary: From time-to-time, the City has updated its sign regulations to recognize current industry best practices, regulatory needs of the City, as well as provide for the health, safety and welfare of its residents. The most recent substantive change occurred in 2014, with the passage of Ordinance No. 08-2014, which specifically provided for electronic signage. The proposed ordinance amends regulations related to electronic signage as well as creates standards for signage erected in the Public/Recreation (PUB/REC) zoning district. Currently, the City Code limits an electronic sign to a maximum size of 32 square feet and it must be incorporated into a monument or pylon sign. In addition, an electronic sign is limited to the display of alphanumeric characters, which must have a minimum display time of four (4) seconds. The proposed ordinance will expand allowed content to include the display of static graphics and images at intervals of no less than 8 seconds. In addition, electronic signs in the C-1, C-2, and M-1 zoning districts may only be located along a major public thoroughfare or other high capacity public roadway and shall not be installed within 100 feet of a residential property line. In September of 2019, the Council established the PUB/REC zoning district to “provide for public facilities and active recreation while preserving open space for enjoyment of nature.” As part of the City’s administrative rezoning project currently underway, public facilities such as City Hall, the City Wastewater Plant, Cherie Down Park, and the Cape Canaveral Public Library will be rezoned to PUB/REC and any signage associated with these facilities will be subject to the proposed sign regulations. The proposed ordinance establishes sign standards for properties designated PUB/REC, such as number of signs allowed, height, and maximum area (see Table 94-96-1). Similar to other zoning districts in the City, wall murals are prohibited in the PUB/REC district unless approved by the Community Appearance Board. Attachment: Ordinance No. XX-2020 TheCED Staff recommendsthat the Planning &Zoning Board take the following action: Recommend approval of Ordinance No. XX-2020 to the City Council. Approved byCED Director:David Dickey Date: Њ ORDINANCE NO. XX-2020 Ћ Ќ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE Ѝ CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING Ў CHAPTER 94 SIGNS; PROVIDING FOR AMENDMENTS TO Џ ELECTRONIC MESSAGING SIGNS; PROVIDING FOR А AMENDMENTS TO SECTION 94-100 AND TABLE 94-96-1 TO Б INCLUDE SIGN REQUIREMENTS SPECIFICALLY FOR THE В PUBLIC/RECREATION (PUB/REC) ZONING DISTRICT; ЊЉ PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ЊЊ ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE ЊЋ CODE, SEVERABILITY, AND AN EFFECTIVE DATE. ЊЌ ЊЍ WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State ЊЎ Constitution, to exercise any power for municipal purposes, except when expressly prohibited by ЊЏ law; and ЊА WHEREAS, the City Council desires to modify the existing sign regulations limiting the ЊБ displays on electronic messaging signs to alphanumeric characters to additionally allow for the ЊВ display of graphics and images in accordance with the terms and conditions stated herein; and ЋЉ WHEREAS, the City Council recently adopted a new zoning designation for Public/ ЋЊ Recreation (Pub/Rec) property and desires to establish specific sign requirements to correspond ЋЋ to the new zoning district in a manner similar to other existing zoning designations; and ЋЌ WHEREAS, ЋЍ to the City Council regarding this Ordinance; and ЋЎ WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ЋЏ Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of ЋА Cape Canaveral. ЋБ NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE ЋВ CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: ЌЉ Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference as ЌЊ legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. ЌЋ Section 2. Chapter 94 Code Amendments Electronic Signs. Chapter 94 of the Code of ЌЌ Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type ЌЍ indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *) ЌЎ indicate a deletion from the Ordinance of text existing in Chapter 94. It is intended that the text City of Cape Canaveral Ordinance No. ___-2020 Page 1of6 Њ in Chapter 94 denoted by the asterisks and set forth in this Ordinance shall remain unchanged Ћ from the language existing prior to adoption of this Ordinance): Ќ CHAPTER 94 SIGNS Ѝ ARTICLE I. IN GENERAL Ў* * * Џ Sec. 94-1. Definitions. А Electronic messaging signs shall mean a sign on which the copy changes automatically without Б moving parts by computer or other electronic means. These signs use intermittent light or lights В including incandescent lamps, light emitting diodes, liquid crystal displays and plasma displays. ЊЉ ЊЊ* * * ЊЋ Sec. 94-6. Prohibited signs and features. ЊЌ The following signs and features are strictly prohibited: ЊЍ* * * ЊЎ (ff) Electronic signs except for as authorized by Section 94-78. ЊЏ* * * ЊА ЊБ ARTICLE III. SIZE, LOCATION AND CONSTRUCTION ЊВ* * * ЋЉ Division 2. TYPES OF SIGNS ЋЊ* * * ЋЋ Sec. 94-78. - Electronic signs. ЋЌ Electronic signs may be approved under this chapter provided the proposed electronic sign ЋЍ satisfies the following requirements: ЋЎ(a) A maximum of one electronic sign may be incorporated into a monument sign or pylon ЋЏ sign. The electronic sign must be in compliance with all applicable provisions of this ЋА chapter. Further, an electronic sign shall not be a portable or stand alone sign and shall ЋБ be mounted in a permanent cabinet. ЋВ(b) The size of the electronic sign shall be limited to a maximum size equal to 32 square ЌЉ feet. The maximum area of the sign shall not exceed 120 square feet. The electronic sign ЌЊ shall be fully incorporated within the outer perimeter of the sign and the electronic sign City of Cape Canaveral Ordinance No. ___-2020 Page 2 of 6 Њ portion of the overall sign shall not exceed a height of 10 feet above ground. Further, Ћ the size of the electronic sign shall be included in the calculation for the total signage Ќ allowed for the property and the overall size limitation for a particular sign. Ѝ(c) The electronic sign shall be limited to display of alphanumeric characters and static Ў graphic images or displays only. The copy content of an electronic display may change Џ at intervals of no less than 8 seconds. The content of the electronic display must remain А stable and continuous scrolling, blinking, fading, dissolving or any other effect that gives Б the appearance of movement is prohibited. Each electronic display shall contain a В complete standalone message and the message cannot be broken into segments ЊЉ displayed sequentially on a different display to form a complete message. Moving ЊЊ graphic displays or images of non-alphanumeric characters (such as simulations of ЊЋ fireworks, bouncing hearts, lighthouses, human bodies, and cartoon characters) shall be ЊЌ prohibited. In addition, the image or display content shall not contain effects that are ЊЍ designed to resemble a traffic control device or emergency vehicle strobe lighting. ЊЎ(d) The sign shall not include any audio message. display time for each message containing ЊЏ alphanumeric characters shall be a minimum time period of four consecutive seconds ЊА per display. ЊБ(e) The electronic sign shall be set to a specific brightness level and shall electronically ЊВ respond to changing light conditions (e.g., change from day to night or to darkness ЋЉ related to weather). Written certification shall be provided with the sign permit ЋЊ application from the sign manufacturer that the sign has been preset to not to exceed ЋЋ the following light level standard as measured in nits, as follows: ЋЌ(1) Maximum daytime level at 6,000 nits. ЋЍ(2) Maximum nighttime level at 500 nits. ЋЎ Further, the preset light level shall be protected from end user manipulations by ЋЏ password protected software or other acceptable methods. ЋА(f) If the electronic sign malfunctions, the message, if displayed, shall be maintained at a ЋБ maximum light level of 500 nits, or the sign shall be made inactive until the sign is ЋВ repaired. ЌЉ(g) Except for purposes of supporting public buildings and facilities located in a ЌЊ Public/Recreation zoning district, the electronic sign may only be located along a major ЌЋ public thoroughfare or other high capacity public roadway and shall not be installed ЌЌ within a 100 feet of a property line of a residential land development unless the ЌЍ illumination and visibility of the electronic signage is not visible from the residential ЌЎ development. ЌЏ* * * ЌА Section 3. Section 94-100 and Table 94-96-1 Amendments. Section 94-100 and Table 94- ЌБ 96-1 set forth in Chapter 94 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby City of Cape Canaveral Ordinance No. ___-2020 Page 3 of 6 Њ amended as follows: (underlined type indicates additions to the City Code and strikeout type Ћ indicates deletions): Ќ Ѝ Sec. 94-100. - Shopping center or multitenant center in any district; Public/Recreation Buildings. Ў Signs are permitted for shopping centers or multitenant centers in any district and Public/Recreation Џ Buildings and facilities as listed in table 94-96-1 А Table 94-96-1 District Restrictions Type of Pub/Rec R-1 R-2 R-3 C-1, C-2 & M-1 Sign Temporary Per section On-Per section 94-76 Per section 94-76 Per section 94-76 Per section 94-76 Premises 94-76 Sign Per section Per section Per section 94-81 Per section 94-81 Per section 94-81 94-81 94-76 Temporary 32 s.f. Off-Max. 6 s.f. 6 s.f. 6 s.f. 32 s.f. Premises area Sign Max. 4' 4' 4' 8' height Max. N/A 1 1 1 1 no. Home Occupation Max N/A 2 s.f. 2 s.f. 2 s.f. 2 s.f. area 1 per street 1 per street 1 per street frontage/per Max. frontage/per frontage/per Prohibited 1 per street frontage access no. access entrance; access entrance; entrance; max. 2 signs max. 2 signs Ground max. 2 signs One s.f. per lineal ft. of One s.f. per Max 32 s.f. 32 s.f. property frontage up to a lineal ft. of area max. of 150 s.f. property City of Cape Canaveral Ordinance No. ___-2020 Page 4 of 6 frontage up to a max. of 150 s.f. Max. 8' 8' 20' height Max. 25' 25' 25' width 2 per storefront or 2 per Max. structure, provided each structure Prohibited 1 1 no. structure is a separate business Parallel to street, 15% of wall height (x) wall width Parallel to street, 15% of of wall that wall height (x) wall width sign is Wall of wall that sign is One s.f. per lineal One s.f. per lineal located on; located on; max. 160 s.f. Max. foot of building foot of building max. 160 s.f. Perpendicular to street, area wall that the sign wall that the sign Perpendicular 15% of wall height (x) is on is on to street, wall width of wall that 15% of wall sign is located on; max. height (x) 128 s.f. wall width of wall that sign is located on; max. 128 s.f. Max. Per section n/a n/a n/a Per section 94-78 no. 94-78 Electronic Signs Max. 32 sq. ft. n/a n/a n/a 32 sq. ft. area. Prohibited Prohibited unless Prohibited unless Prohibited unless unless Wall Mural Prohibited approved per approved per approved per section 94-approved per section 94-6(g) section 94-6(g) 6(g) section 94- 6(g) City of Cape Canaveral Ordinance No. ___-2020 Page 5 of 6 Њ Ћ Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent Ќ ordinances and resolutions adopted by the City Council, or parts of prior ordinances and Ѝ resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Ў Џ Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape А Canaveral City Code and any section or paragraph, number or letter and any heading may be Б changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and В like errors may be corrected and additions, alterations, and omissions, not affecting the ЊЉ construction or meaning of this Ordinance and the City Code may be freely made. ЊЊ ЊЋ Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision ЊЌ of this Ordinance is for any reason held invalid or unconstitutional by any court of competent ЊЍ jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed ЊЎ a separate, distinct and independent provision, and such holding shall not affect the validity of ЊЏ the remaining portions of this Ordinance. ЊА ЊБ Section 7. Effective Date. This Ordinance shall become effective immediately upon ЊВ adoption. ЋЉ ЋЊ ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _____ day ЋЋ of_______________________, 2020. ЋЌ ЋЍ _______________________________ ЋЎ Bob Hoog, Mayor ЋЏ ЋА ATTEST: For Against ЋБ ЋВ Mike Brown _______ _______ ЌЉ___________________________________ ЌЊ Mia Goforth, CMC Robert Hoog _______ _______ ЌЋ City Clerk ЌЌ Mickie Kellum _______ _______ ЌЍ ЌЎ Wes Morrison _______ _______ ЌЏ ЌА Angela Raymond _______ _______ ЌБ ЌВ Approved as to legal form and sufficiency ЍЉ for the City of Cape Canaveral only by: ЍЊ ЍЋ__________________________________ ЍЌ Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. ___-2020 Page 6 of 6