HomeMy WebLinkAboutcocc_p&z_mtg_minutes_20220803PLANNING & ZONING BOARD
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Wednesday
August 3, 2022
6:00 p.m.
MINUTES
CALL TO ORDER: A meeting of the Planning & Zoning Board took place on August 3, 2022, at
City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairman Russell called
the meeting to order at 6:02 pm. The Board Secretary called the roll.
ROLL CALL:
Members Present:
Lamar Russell Chairman
John Price Vice Chairman
Nancy Gentilquore Board Member
Susan Denny Board Member
Steven Stroud Board Member
Michael Miller Board Member
Eugene Thorpe Board Member
Kathy Stokes Ex-officio Board Member
Others Present:
David Dickey
Anthony Garganese
Patti Roth
None
OLD BUSINESS
NEW BUSINESS
A. Board Matters:
Director, Community & Economic Development
City Attorney
Board Secretary
1. Approval of Meeting Minutes: June 22, 2022 — Motion to accept the minutes, making
the correction showing Dr. Miller was present for the June 22, 2022 meeting, made by Board
Member Gentilquore and seconded by Vice Chairman Price. Vote on the motion carried
unanimously.
B. Quasi—Judicial/Comprehensive PlanAmendments_Legislative Public Hearings)]
PIianininq an Zoning
Minutes
2022
Due to public attendance related to the DiChristopher Lot Split application (Item# 5), a motion
was made by Board Member Denny and seconded by Board Member Dr. Miller to move
Item #5 to Item #2. Vote on the motion carried unanimously.
5. Consideration and Recommendation Re: Lot Split for property located at E. Central
Boulevard and Ridgewood Avenue (Parcel Nos. 24-37-14-51-9-21.01 and 24-37-14-51-9-
21.02), Section 98-66, Mike DiChristopher, Applicant.
Dave Dickey, the Community and Economic Development (CED) Director reviewed the agenda
cover with the Board. The property is zoned R-1 which only allows single-family homes. Parcel 1
(northern parcel) is .21 acres and Parcel 2 (southern parcel) is .18 acres.
Mike DiChristopher is the current owner and he purchased the property in July 2018. Subsequent
to the purchase, Mr. DiChristopher approached the City regarding building on the two parcels.
Staff determined that the parcels had not been created consistent with City subdivision
requirements. In this case, as the parcel had been divided into two parcels, a lot split application
was required. Mr. Dickey explained to the board that a property owner can record a survey,
indicating a subdivision of a parent tract, with the Brevard Clerk of Courts without the City's
knowledge or consent. Neither the Clerk of Court, Tax Collector or Property Appraiser verify
whether a subdivision of land (except for a plat) has been approved by the City or County before
the deed is recorded and the parcels are redefined for their respective purposes.
Some property owners in Cape Canaveral, prior to 2010, apparently subdivided their land by
recording deeds with the Clerk of Court without notifying the City and following the requirements.
Staff has not been able to find any records indicating the creation of the subject parcels were
authorized by the City.
For this reason, Staff is processing this request as an "after -the -fact" lot split application to review
the recorded parcels against City subdivision and zoning requirements, and to formally recognize
the parcels for City development permit purposes.
Staff recommended the Planning & Zoning Board approve the Lot Split application and forward
a favorable recommend to the Council.
There were 6 citizens from the public and all opposed the request.
Mr. DiChristopher was present with his attorney, Kevin Markey. Both answered questions from the
public as well as the board.
Discussion ensued. A motion was made by Vice Chairman Price and seconded by Board
Member Stroud to approve the Lot Split application. The motion carried unanimously.
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%inutes . Page
2. Ordinance No. XX-2022; An Ordinance of the City Council of the City of Cape Canaveral,
Florida, amending of the City's Sign Code related to feather signs; providing for the repeal
of prior inconsistent Ordinances and Resolutions, incorporation into the Code, severability
and an effective date.
Mr. Dickey reviewed the Board discussion related to feather signs at its January 26, 2022 Meeting.
The Board considered a draft ordinance to permit feather signs. The Board directed Staff to revise
the draft ordinance to reflect their discussion at the meeting. The City Attorney prepared three
draft ordinances, each one providing a distinct regulatory approach to feather signs:
1. Option 1 - this option allows feather flags similar to all other signs.
2. Option 2 - this option allows feather flags as a temporary on premise sign.
3. Option 3 - this option places feather flags in a prohibited sign list.
Discussion ensued and a motion was made by Vice Chairman Price and seconded by Board
Member Miller to approve Option 2. Vote on the motion was approved 6-1, with Board
Member Thorpe, voting against.
3. Consideration and Recommendation to the City Council Re: Preliminary/Final Plat
Approval for three (3) residential lots (Poinsetta Place) located on Jefferson Avenue on
Parcel #24-37-23-CG-13-4 per City Code of Ordinances, Sec. 98-61 - Bryan Stumpf,
Applicant.
Mr. Dickey explained to the Board, the applicant, Brian Stumpf, is requesting Preliminary and Final
Plat approval for the Poinsetta Place Subdivision located on the 100 block of Jefferson Avenue.
The request proposes to plat the parcel into three (3) lots.
Usually these approvals are processed separately, since the subdivision only includes three (3) lots,
is under common ownership, and there are no public improvements, Preliminary and Final Plat
approval has been combined to simplify the process. Mr. Stumpf was present for the hearing.
After a short discussion amongst the board, a motion was made by Board Member Miller and
seconded by Board Member Stroud to approve the Preliminary and Final Plat for Poinsetta
Place. Vote on the motion carried unanimously.
4. Consideration and Recommendation Re: Site Plan Approval for the Hyatt Place Hotel
Project located at 9009 Astronaut Boulevard on Parcel #24-37-15-00-252 per City Code of
Ordinances, Sec. 110-223 - Allen Engineering, Applicant.
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Mr. Dickey gave a brief overview of the Site Plan for the proposed Hyatt Place Hotel located at
9009 Astronaut Boulevard. The Site Plan consists of a 6-story structure that includes a 154 room
Country Inn and Suites hotel. The proposed structure is 65 feet in height, with a footprint of 15,252
square feet. The project meets all of the dimensional requirements outlined in City Code.
Discussion ensued regarding infrastructure, when will construction begin, and if the City has any
experience with this developer. Mike Allen of Allen Engineering was present at the meeting. Mr.
Allen told the Board the owner would like to start the project as soon as possible and it's the same
developer that built Country Inn & Suites. He also stated that the Community Appearance Board
at their January 2022 meeting, approved a Level II review for the proposed hotel as well as
approved a request to construct to a height not to exceed 65 feet.
A motion was made by Vice Chairman Price and seconded by Board Member Stroud to
recommend approval of the Site Plan for the Hyatt Place Hotel. Vote on the motion carried
unanimously.
6. Ordinance No. XX-2022; An Ordinance of the City of Cape Canaveral, Florida, amending
Chapter 102 — Tree Protection; providing for amendments to comply with State law
preemptions; providing for the repeal of prior inconsistent Ordinances and Resolutions,
incorporation into the Code, severability and an effective date.
City Attorney Garganese explained the Ordinance to amend Chapter 102 related to tree protection
to recognize state law preemptions. Mr. Garganese told the Board the proposed ordinance
exempts City permitting for the clearing of vegetation away from power lines by electric utilities
consistent with Florida Statute. Furthermore, that removal of trees on defined residential property
with proper certification from an arborist certified by the International Society of Arboriculture or
a Florida -licensed landscape architect is also exempt.
After a short discussion a motion was made by Board Member Denny and seconded by Board
Member Gentilquore to approve Ordinance No. XX-2022, related to tree protection. Vote
on the motion carried unanimously.
REPORTS AND OPEN DISCUSSION: Discussion item regarding adding a mixed -use land use
category in the Comprehensive Plan.
Mr. Dickey distributed a hand out regarding the allowance for mixed use in the City. This item will
be on the August 24, 2022 Board Agenda.
Board Member Denny raised the issue of the Short Term Rental ordinance, specifically the
software and if the rules are strict enough. Board Member Miller agreed. Mr. Dickey explained this
topic will be a discussion item at the August 19, 2022 City Council meeting and a presentation will
be given by ProChamps at an upcoming Council Meeting.
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Canaveirall,
Rairnirning and Zoning H. Meeting 2022
Minutes . Page of 5
ADJOURNMENT: The meeting adjourned at 8:13 PM.
Approved on this
4001.04.
Lamar R 'ssell, Chairman
/Pa
Patti Roth, Board Secretary
I2TU
5
day of
2022