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HomeMy WebLinkAboutcocc_p&z_agenda_pkt_20230510CAPE CANAVERAL PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 May 10, 2023 6:00 P.M. CALL TO ORDER ROLL CALL PUBLIC PARTICIPATION Member of the public may provide comments to the Planning & Zoning Board/Local 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 — February 22, 2023 B. Quasi-Judicial/Comprehensive Plan Amendments (Legislative — Public Hearings): 2. Ordinance No. XX -2023; an Ordinance of the City Council of the City of Cape Canaveral, Brevard County, Florida; modifying Section 110-624 of the City Code regarding building height in the Economic Opportunity Overlay District (EOOD); providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date. 3. Review proposed language to establish a Mixed -Use Future Land Use category to the Future Land Use Element of the Comprehensive Plan and provide direction to Staff. REPORTS AND OPEN DISCUSSION 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 PZB 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 PZB Agenda — May 10 2023 Page 2 of 2 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 City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Wednesday February 22, 2023 6:00 p.m. MINUTES CALL TO ORDER: A meeting of the Planning & Zoning Board (Board) was held on February 22, 2023, at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairman Russell called the meeting to order at 6:00 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 Others Present: David Dickey Anthony Garganese Patti Roth OLD BUSINESS NEW BUSINESS A. Board Matters: Director, Community & Economic Development City Attorney Board Secretary 1. Approval of Meeting Minutes: August 24, 2022 — Motion to accept the minutes as written made by Board Member Denny and seconded by Board Member Stroud. Vote on the motion carried unanimously. 2. Presentation by Virtual Review Assist (VRA) Inc. representative Sabrina Dugan Kyle Harris introduced Sabrina Dugan. She is a representative for (Virtual Review Assist) VRA Inc. VRA is a company that originated from the University of Florida's Innovate Lab in Gainesville, FL. VRAs software utilizes an Artificial Intelligence (Al) tool to cross check Site Plans and Landscaping Plans in seconds against standards contained in the City's Code of Ordinances and flags any City of Cape Canaveral, Florida Planning and Zoning Board Meeting February 22, 2023 Page 2 of 3 discrepancies that need to be corrected. The City has entered into a one-month, free -of -charge pilot program. The pilot started January 23, 2023, and ends February 28, 2023, and the City can submit up to 8 plans. If the Al tool is useful, staff will explore the possibility of moving forward. B. Quasi-Judicial/Comprehensive Plan Amendments (Legislative — Public Hearings): 3. Ordinance No. XX -2023; an ordinance of the City of Cape Canaveral, FL, updating construction standards related to the National Flood Insurance Program (NFIP) and participation in the NFIP Community Rating System (CRS); amending Chapter 90, Article II Floodplain Management; amending Chapter 82, Buildings and Building Regulations; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability and an effective date. Lexi Miller gave a short staff report to the Board on the proposed Ordinance. City Staff was contacted by the FL Office of Floodplain Management in 2022 in regards to updating our City Code to be consistent with the FEMA policies. The proposed amendments to Chapter 82, as contained in the proposed Ordinance, update applicable code sections for these areas (coastal construction), and also include certain conforming revisions to the Chapter. The proposed amendments to Chapter 90, as contained in the proposed Ordinance, requires all manufactured homes placed, replaced, or substantially improved in flood hazard areas must be elevated to or above at least the base flood elevation plus 1 foot. In addition, the proposed amendments to Chapter 90 creates damage mitigation requirements for parking or storage only, non -elevated accessory structures based on location within a special flood hazard area, and other specifications involving structure size, anchorage, building materials, and interior system elevations, such as mechanical, electrical, and plumbing. A motion was made by Board Member Gentilquore and seconded by Vice Chairman Price to recommend approval of Ordinance No. XX -2023 to the City Council. There was open discussion regarding Land -Use and Comprehensive Plan, Mixed -Use, Banner Flags, Parking Study, VRBO Airbnb, and raising the garbage rates for Airbnb's. ADJOURNMENT: The meeting adjourned at 6:59 PM. City of Cape Canaveral, Florida Planning and Zoning Board Meeting - February 22, 2023 Page 3 of 3 Approved on this day of , 2023 Lamar Russell, Chairman Patti Roth, Board Secretary PLANNING AND ZONING BOARD May 10, 2023 REGULAR MEETING • ITEM # Subject: Ordinance No. XX -2023; an Ordinance of the City Council of the City of Cape Canaveral, Brevard County, Florida; modifying Section 110-624 of the City Code regarding building height in the Economic Opportunity Overlay District (EOOD); providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date. Background: The A1A Economic Opportunity Overlay District (EOOD) was established in 2012 with the intent of enhancing the area's identity and promoting a pedestrian -oriented environment as a way of encouraging growth and redevelopment. These goals were consistent with the intent of the 2009 Community Visioning and 2012 Community Redevelopment Plan. Among the standards and guidelines established was the ability to consider increased building heights above those allowed in parts of the City outside the EOOD. The base height allowed in commercial zoning districts is 45 feet. Within the EOOD, however, increased building heights of up to six stories or 65 feet may be are permitted with approval from the Community Appearance Board (CAB). Additionally, increased building heights above 65 feet may also be considered as part of a Planned Development (PD) approved by City Council on a case-by-case basis. In the 11 years since the establishment of the EOOD, nine buildings have been approved for heights up to 65 feet, with five being constructed. To date, there has not been an application submitted requesting a building height exceeding 65 feet. While buildings up to 65 feet have been approved, constructed, and integrated into the fabric of the City, residents have occasionally expressed a desire to see building height limitations in order to protect the City's "small-town feel". This sentiment was expressed by some residents through community re -visioning surveying completed in 2022. Based on the feedback from these surveys, an updated Community Vision Statement was drafted and unanimously approved by City Council at its February 21, 2023 Regular Meeting, which reads: A warm, inclusive beachside community that embraces its small-town feel and enhances the beauty and integrity of its natural environment; promoting resilience, safety, sensible mobility with an emphasis on pedestrian needs, business -friendly development, and responsible community stewardship; through a shared commitment to a balanced, respectful, and neighborly philosophy that inspires future -ready essential civic services and quality -of -life amenities. Summary: Taking into consideration the updated Vision Statement, the overall development character of the City, and the lack of applications requesting building height over 65 feet, the City Attorney has drafted an ordinance (Attachment 1) that will repeal Section 110-624(c) of the City's Code of Ordinances, with the result that increased building heights above 65 feet can no longer be considered by Council, effectively capping maximum building height at 65 feet anywhere in the City (with approval from the requisite boards). City of Cape Canaveral P&Z Board Regular Meeting • May 10, 2023 Agenda Item # Page 2 of 2 Sec. 110-624(b) of Code allows for increased heights above 45 feet (up to six stories or 65 feet) with CAB approval. With the current development review process, applicants have typically sought CAB approval for increased height as the first step after a pre-application/Development Review Committee (DRC) meeting with City Staff. The primary role of the CAB is to consider the overall aesthetics of a site's design, such as architectural factors, landscaping, and lighting. However, based on the CAB and Staff's previous experience, considering applications for increased building heights above 45 feet, it has been found that additional site planning requirements should be considered in addition to aesthetic factors, including but not limited to grading and drainage, parking, and impact to utilities. To this end, Ordinance No. XX -2023 modifies the language of Sec. 110-624(b) to state that the CAB shall continue to consider increased height proposals; however, the CAB approval is contingent upon the Planning and Zoning Board's (Board) also approving the increased height request. This approach allows the Board's review of the height request to be done along -side its review of the site plan. This will allow for a global review of the overall project, and how the increased height may impact the site plan. The Board currently considers proposed site plans and makes recommendations to Staff prior to final approval by the City Manager or designee. The Board currently has no involvement in the approval of increased heights above those allowed in the respective zoning districts. Prepared by: Kyle Harris Attachment: 1. Ordinance No. XX -2023 Community and Economic Development Staff recommend the Board take the following action: Recommend approval of Ordinance No. XX -2023 to the City Council. Approved by Director: David Dickey Date: 1 ORDINANCE NO. -2023 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, 4 BREVARD COUNTY, FLORIDA; MODIFYING SECTION 110-624 OF THE CITY 5 CODE REGARDING BUILDING HEIGHT IN THE ECONOMIC OPPORTUNITY 6 OVERLAY DISTRICT (EOOD); PROVIDING FOR THE REPEAL OF PRIOR 7 INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION 8 INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City is granted authority under Section 2(b), Article VIII, of the State 11 Constitution to exercise any power for municipal purposes, except when expressly prohibited by 12 law, and 13 14 WHEREAS, the height of proposed buildings within the Economic Opportunity Overlay 15 Zoning District (EOOD) is regulated pursuant to section 110-624 of the Cape Canaveral City Code; 16 and 17 18 WHEREAS, the City's Vision Statement provides, in part, that the City of Cape Canaveral 19 embraces its small-town feel; and 20 21 WHEREAS, although the EOOD section 110-624(c) authorizes the City Council to approve 22 increased building heights above sixty-five (65) feet by Planned Development (PD) on a case -by - 23 case basis, the City Council has never been requested to exercise such authority since that code 24 provision was adopted and further, buildings exceeding sixty-five (65) feet in height would now 25 not been consistent with the City's Vision Statement nor the overall character of other buildings 26 and neighborhoods within the City of Cape Canaveral; and 27 28 WHEREAS, the City Council finds that it is in the best interests of the City of Cape 29 Canaveral to repeal section 110-624(c) in furtherance of the City's Vision Statement and overall 30 development character of the existing community; and 31 32 WHEREAS, the EOOD section 110-624(b) also permits the Community Appearance Board 33 to authorize increased building heights above four stories or forty-five (45) feet in height; however, 34 Chapter 110, Article VI. — Site Plans of the City Code authorizes the Planning & Zoning Board to 35 consider the approval of proposed site plans; and 36 37 WHEREAS, based on the Community Appearance Board's and City Staff's previous 38 experience considering applications for increased building heights above forty-five (45) feet, the 39 City Council finds that the consideration and approval of such applications should be based on 40 both aesthetic factors as well as site planning requirements, and thus, the City Council desires to 41 modify the procedure for considering applications requesting increased building height above 42 forty-five (45) so that a more complete and comprehensive review of such requests can be made 43 by both the Community Appearance Board and the Planning and Zoning Board before final 44 approval is granted by the City; and City of Cape Canaveral Ordinance No. -2023 Page 1 of 4 1 2 WHEREAS, this Ordinance was reviewed and recommended for approval by the Planning 3 and Zoning Board in accordance with the requirements of the Community Planning Act; and 4 5 WHEREAS, the City Council deems the adoption of this Ordinance is in the best interests 6 of the public health, safety and welfare of the citizens of Cape Canaveral. 7 8 NOW, THEREFORE, BE IT DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF 9 CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: 10 11 Section 1. Recitals. The foregoing recitals are hereby deemed true and correct and are 12 hereby fully incorporated herein by this reference as a material part of this Ordinance. 13 14 Section 2. Amendment to Section 110-624 of the City Code. The City Council of the City 15 of Cape Canaveral hereby adopts the following amendments to Section 110-624 of the Cape 16 Canaveral Code of Ordinances, (underlined type indicates additions to and strikethrough type 17 indicates deletions from the existing text in Section 110-624): 18 19 Sec. 110-624. Building height. 20 (1) Building height shall be correlated to the scale of the street along which it faces and shall 21 encourage a comfortable pedestrian -oriented environment. 22 a. The standard building height for projects shall be up to four stories or 45 feet. 23 b. Increased building heights above four stories or 45 feet may be proposed and 24 considered up to six stories or 65 feet, if approved by the community appearance 25 board and planning and zoning board. Hheight mitigation measures such as a 26 building stepback (as illustrated in Figure 2 and Figure 2a) or setback shall be required. 27 arc proposed and approved by the community appearance board. Buildings exceeding 28 45 feet shall provide a stepback of at least 14 feet along all sides facing a public 29 roadway. The community appearance board shall consider such proposals first and 30 may grant approval contingent upon the planning and zoning board's approval of 31 both the increased building height and proposed site plan. An increased building 32 height approved under this subsection b. shall be deemed a binding condition of the 33 corresponding site plan approved by the planning & zoning board. 34 35 36 37 -- _ Development (PD) approved by the city council on a case by case basis. Building 38 Gk. Any single -story structure in which the floor to ceiling height exceeds 15 feet or the 39 exterior facade height exceeds 25 feet, shall be designed to appear like a multistory 40 structure. Exceptions to this requirement may be reviewed and considered for City of Cape Canaveral Ordinance No. -2023 Page 2 of 4 1 approval by the community appearance board based pursuant to requirements of this 2 article. 3 4 5 6 7 8 „,,,114)11111111111110111111111 0040P9;.4 lomuok, Figure 2. Building Height Figure 2a. Building Height-Stepback 9 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent 10 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and 11 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 12 13 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape 14 Canaveral City Code and any section or paragraph, number or letter, and any heading may be 15 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and 16 like errors may be corrected and additions, alterations, and omissions, not affecting the 17 construction or meaning of this ordinance and the City Code may be freely made. 18 19 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion 20 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 21 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such 22 holding shall not affect the validity of the remaining portions of this Ordinance. 23 24 Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption 25 by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. -2023 Page 3 of 4 1 2 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, 3 assembled this day of , 2023. 4 5 6 7 Wes Morrison, Mayor 8 9 ATTEST: Name FOR AGAINST 10 11 Kim Davis 12 13 Mia Goforth, CMC, Mickie Kellum 14 City Clerk 15 Wes Morrison 16 17 Angela Raymond 18 19 Don Willis 20 21 Approved as to legal form and sufficiency 22 For the City of Cape Canaveral only by: 23 24 25 26 Anthony A. Garganese, City Attorney 27 28 29 First Reading: 30 Advertisement: 31 Final Reading: City of Cape Canaveral Ordinance No. -2023 Page 4of4 PLANNING AND ZONING BOARD May 10, 2023 REGULAR MEETING • ITEM # Subject: Review proposed language to establish a Mixed -Use Future Land Use category to the Future Land Use Element of the Comprehensive Plan and provide direction to Staff. Summary: At its August 24, 2022, Regular Meeting, the Planning & Zoning Board (Board) directed Staff move forward with an Amendment to the Comprehensive Plan (Plan) to establish a Mixed -Use (MXU) land use category (see Board minutes - Attachment 1). To that end, Staff — in conjunction with the City Attorney - has drafted language for inclusion in the Future Land Use Element of the Plan. The draft language includes location standards, density/intensity standards, and other general development guidelines that will be applicable to mixed-use development. When the Board finalizes its review, the City Attorney will prepare an ordinance for Board consideration. Background: Mixed-use development is an alternative to traditional/single-use zoning. It places multiple uses within a site, such as street -level retail with residential units above (vertical mixed use), or co -locates uses within a designated area, such as neighborhoods that offer residential, commercial, and civic spaces within walking distance (horizontal mixed use). This development approach varies from traditional/single-use zoning, which is characterized by distinct zones. Allowing for a mix of different uses makes it possible for people to live near everyday destinations, such as places of work, retail, and neighborhood services, and thus provides a variety of environmental, economic, social, and health benefits that can align with existing community priorities. Additional benefits include reducing local transportation times and emissions, energy consumption, encouraging a sense of place, and improving the efficiency of land utilization. Cape Canaveral has relied on a traditional zoning program since its incorporation in the 1960's. However, the call for mixed-use in the City goes back many years. In 2012, language providing for mixed-use was included in the A1A Economic Opportunity Overlay District section of the Code. The Coastal Management (Policy CM -1.14.4) and Future Land Use (Policy LU -1.8.1) Elements of the Plan also call for the implementation of mixed-use. Finally, the City's 2009 Envision Cape Canaveral identified an opportunity for a walkable, mixed-use "Downtown." Most recently, the concept of mixed-use was discussed at the Council's 2022 Strategic Planning Retreat (Attachment 2). During the Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis, the concept of "More Mixed -Use Options (Retail/Restaurants/Grocery Shopping)" was identified as an Opportunity, and again during the "Blue Sky" portion of the meeting, where Councilmembers were given the opportunity to raise aspirational goals for the City. The new MXU language implements recommendations from the adopted 2019 Resilient Cape Canaveral Vulnerability Assessment and 2021 Resiliency Action Plan in order to move away from development patterns that result in the undue consumption of land and resources. The proposed language encourages a variety of innovative land uses and intensities within a development site, encourages flexible and creative low impact development site design, and promotes redevelopment and reinvestment in underutilized areas. City of Cape Canaveral P&Z Board Regular Meeting • May 10, 2023 Agenda Item # Page 2 of 4 Due to the nature and scope of mixed-use development, it is proposed that MXD projects: 1. Be a minimum of seven (7) net developable acres; 2. Include a well-balanced and compatible mix of residential and non-residential uses. No more than 75 percent of any one land use will dominate the project. 3. Be located within the A1A Economic Opportunity Overlay District; 4. Be adjacent to, and have primary access from, Astronaut Boulevard (S.R. A1A), Center Street, or West Central Boulevard; and 5. Not exceed 65 feet in height. 6. Have a base density up to 15 units per net developable acre. However, subject to the discretion of the Council, density may be increased to 30 units per acre through compliance with the following: a. Whether the proposed development genuinely embraces the vision statement of the City of Cape Canaveral established by the City Council; b. Whether the proposed mix of residential, commercial (retail, restaurants, office), recreational, civic, open space and/or institutional uses for the mixed-use development are authentically integrated; compatible and in harmony with one another; meet the present and future needs of the community; and create a sense of place; c. Proposed enhancements the developer will commit to completing by development agreement that will significantly: (i) bring the overall quality of the proposed development above and beyond the minimum requirements set forth in the City Code; (ii) enhance the surrounding neighborhood; and (iii) serve the public health, safety, and welfare of the citizens and visitors of Cape Canaveral; d. Compatibility and harmony with the special and distinctive character of the City; e. Compatibility with and betterment of surrounding neighborhoods and land uses; f. The manner in which the developer addresses flooding concerns applicable to the subject property as set forth in the City's vulnerability assessment; g. Proven first-hand experience of the developer to successfully finance and complete one or more projects; h. Impact on environmental concerns including whether the development enhances the beauty and integrity of its natural environment; i. Incorporation of resilient, sustainable and climate ready community design features that are based on best available and peer reviewed science to the maximum extent feasible and practicable; j. Consideration of a recommendation from the Community Redevelopment Agency if the project is in conflict with the Agency's Redevelopment Plan, and/or requires an Agency contribution to support the project; k. Any other factors as may be deemed relevant and necessary by the City Council. Other Considerations: 1. Public Involvement: due to the unique nature and potential community impact of mixed- use, the following is proposed to ensure stake holders are involved throughout the process, to include: City of Cape Canaveral P&Z Board Regular Meeting • May 10, 2023 Agenda Item # Page 3 of 4 a. Prior to submitting a formal application seeking approval of a MXU future land use map comprehensive plan amendment, the applicant shall submit the following: site layout plan, building elevation, and a list of proposed land uses, to the staff and Council for a non-binding and preliminary review at a public meeting. The applicant will only receive initial feedback regarding the proposed project, and no formal recommendation or commitments will be made. Thereafter, the applicant can consider whether to submit a formal application seeking approval of an MXU designation. b. Upon submittal of a formal application seeking approval of an MXU designation, the applicant will be required to negotiate a draft development agreement with the City Manager prior to the application and development agreement being presented to the Council for approval at a public hearing. c. The applicant shall hold at least one community workshop to discuss the proposed application. The workshop shall be held prior to the application being considered by the Council. 2. Live -Work Units: the draft language includes a new objective to establish the use of live - work units in commercial and industrial zoning districts. Live -work units include the use of residential space within a commercial or industrial building. For example, if a shop owner wished to live in an apartment within the same building as his/her business, this would now be allowed. The next step would be for Staff to prepare enabling land development regulations to provide specifics on how live -work units would operate in the City. 3. Update PUD Language: Creates a new objective to provide clarification that the PUD zoning category specifically allows mixed-use, to provide flexibility from typical zoning standards. Development within a PUD may be phased, and shall include a development plan (site plan) indicating the layout of the proposed improvements. One of the critical considerations for the Board's is where mixed-use will be allowed. As proposed, MXD projects will only be allowed in the EOOD, and be adjacent to, and have primary access from, Astronaut Boulevard (S.R. A1A), Center Street, or West Central Boulevard. These locational criteria are critical because mixed-use, as the name implies, may contain uses other than residential. For this reason, locations on or near major transportation routes are proposed. Additionally, most mixed-use developments are scaled to partially support the non-residential portion of the project. As proposed, MXD projects will be a minimum of seven (7) acres in size. Through the MXD category, the inclusion of community priorities can be incentivized. As proposed, the MXD category may include densities up to 30 units per acre. The award of densities over the base density of 15 units per acre will be negotiated on a project -by -project basis. Developments may be required to include the incorporation of low -impact development techniques, affordable housing, and the use of sustainable energy infrastructure (i.e., solar) as part of the approval process. City of Cape Canaveral P&Z Board Regular Meeting • May 10, 2023 Agenda Item # Page 4 of 4 Staff is requesting that the P&Z Board discuss the issue and provide Staff with direction on any revisions deemed appropriate. The City Attorney will then place the proposed MXD language in ordinance form and it will be presented to the Board for a recommendation to the Council. Attachment: 1. Minutes from August 24, 2022 Planning & Zoning Board Meeting 2. Ordinance No. XX -2023 Community and Economic Development Staff recommend the Board take the following action: Review proposed language to establish a Mixed -Use Future Land Use category to the Future Land Use Element of the Comprehensive Plan and provide direction to Staff. Approved by Director: David Dickey Date: PLANNING & ZONING BOARD City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Wednesday August 24, 2022 6:00 p.m. MINUTES CALL TO ORDER: A meeting of the Planning & Zoning Board took place on August 24, 2022, at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairman Russell called the meeting to order at 6:00 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 Others Present: David Dickey Zach Eichholz Kyle Harris Anthony Garganese Patti Roth Director, Community & Economic Development Deputy Director/Sustainability Manager — CED Senior Planner City Attorney Board Secretary OLD BUSINESS NEW BUSINESS A. Board Matters: 1. Approval of Meeting Minutes: August 3, 2022 — Motion to accept the minutes as written B. uuasi-Judicial Comprehensive Plan Amendment.[Leislative — Public Hearings 1. Consideration and Recommendation Re: Site Plan Approval for a drive-thru accessory carwash at the Marathon Gas Station located at 8101 Astronaut Boulevard on Parcel #24- 37-23-00-255 per City Code of Ordinances, Sec. 110-223 — MDM Services, Inc., Applicant. City of Cape Canaveral, Florida Planning and Zoning Board Meeting • August 24, 2022 Minutes • Page 2 of 4 Dave Dickey, the Community and Economic Development (CED) Director, reviewed the Staff report for Site Plan Approval for a proposed car wash structure located at 8101 Astronaut Boulevard. The parcel is within the A1A Economic Overlay District and is zoned C-1. Therefore, a car wash is permitted in this zoning district. The site plan shows an 851 square foot accessory car wash on a .88 -acre parcel. The car wash will replace the existing ice vending machine. The proposed structure is 15 feet high and includes a single -lane drive-thru. It meets all of the dimensional requirements and parking is not an issue. Paul Doss, V.P. of MDM Services was present to answer any questions or concerns the Board had. Discussion ensued. Motion was made by Vice Chairman Price and seconded by Board Member Stroud to approve the Site Plan for the car wash located at the Marathon Gas Station at 8101 Astronaut Boulevard. The motion carried unanimously. 2. Presentation by Kimley-Horn regarding the Presidential Streets Master Plan. Zach Eichholz, Deputy Director/Sustainability Manager — CED gave a short presentation and introduced Kyle Harris, Senior Planner, to the Board. Mr. Harris replaced Brenda Surprenant. Mr. Eichholz explained that that the Presidential Streets Plan (Plan) will improve resident's safety and enhance the overall local natural environment of the Study Area. Mr. Harris gave a short presentation of the Plan. There are over 13 miles of roadway in the Study Area and they will be reviewed and prioritized for improvement. The plan creates a framework that includes various tools and recommendations regarding flooding, pedestrian safety and connectivity. Before any project is started, input from the area residents will be gathered. The first step is surveying the streets and community engagement. The City already has funds for surveying in FY 22/23. The plan is to apply for as many grants as possible, and use CRA funds. Kimley-Horn can assist with grant acquisition. Kelley Klepper and Colleen McGue from Kimley-Horn were present to discuss the Plan. Mr. Klepper explained to the Board there were community engagement sessions held as part of preparing the Plan. Online surveys were also offered to the residents as well as mail outs. Both Mr. Klepper and Ms. McGue "listened" to the public's comments and what improvements they wanted. Ms. McGue discussed the recommendations. She covered several pages in the Plan, focusing on the "Tool Kit" and "Cost Estimates". Fillmore, Tyler, Magnolia, and Taylor seemed to always come up in conversation by residents. Ms. McGue is going to concentrate on Fillmore Avenue, one- way streets, adding beach and bicycle parking. 2 City of Cape Canaveral, Florida Planning and Zoning Board Meeting • August 24, 2022 Minutes • Page 3 of 4 A motion was made by Chairperson Russell and seconded by Vice Chairperson Price to recommend the Plan to City Council with an emphasis on stormwater. Board member Miller suggested the Board take more time to review the Plan, do their homework and get more input from Kimley Horn. Chairperson Russell withdrew his motion and there were no objections. Mr. Dickey spoke briefly on a mixed-use land use category. There are two documents that really drive land use decisions in the City. The Comprehensive Plan and the Land Development Code. The Comprehensive Plan is a policy document, contains policy statements and the Land Development Code consists of the zoning code and other related codes. If there is a conflict between the Plan and the LDC, the Plan takes precedence. At the present time, the Plan doesn't provide for mixed-use. In order to resolve this conflict, a Plan amendment must be processed to allow for mixed-use development. A motion was made by Vice Chairman Price and seconded by Board Member Stroud to recommend moving forward with an amendment to the Comprehensive Plan to establish a mixed-use land use category. The motion carried unanimously. Board Member Denny wanted to discuss Short Term Rentals/Vacation Rentals. She stated that the City's program isn't strict enough and the board should revisit the rules and regulations. Board Member Miller agreed. Discussion ensued about the Accessory Structures. Board Member Stroud passed out some paperwork regarding mixed-use for the City of Mount Dora. ADJOURNMENT: The meeting adjourned at 8:13 PM. Approved on this Lamar Russell, Chairman Patti Roth, Board Secretary 3 day of ..............,,,,,,,,,......... 2022 DRAFT: 4.13.2023 — P&Z Board Review This proposed Mixed -Policy policy will need to be placed in Ordinance form when the language has been finalized by the P&Z Board. FUTURE LAND USE ELEMENT GOALS, OBJECTIVES and POLICIES Update list of Future Land Use Categories under Policy LU -1.3.3 POLICY LU -1.3.3 The City shall enforce its requirements pertaining to densities and intensities of land use in each land -use category--i.e. *R-1, Low Density Residential: maximum 5.808 lots/acre. *R-2, Medium Density Residential and Townhouse Apartments: maximum 15 units/net acre. *R-3, Duplex/Multi-Family/Townhouse Apartments: maximum 15 units/net acre. *M-1, Light Industrial: maximum 4.356 lots/acre. *C-1, Commercial: zoning regulations impose a variety of requirements, depending upon type of use. *C-2, Commercial: zoning regulations impose a variety of requirements, depending upon type of use. PUB, Public and Recreation Facilities CON, Conservation MXU, Mixed Use: maximum of 15 units/net acre unless a higher density of not to exceed 30 units/net acre is approved by the City Council in accordance with the provisions of Objective LU - 1.8.A. Delete existing/outdated Objective LU -1-8 and Policies LU -1.8.1 in their entirety OBJECTIVE LU 1.8 The City shall work toward the use of innovative mixed use land use classifications and land development regulations to implement the recommendations of the 2009 Visioning Study for mixed use developments and a downtown center. The measurement of this Objective is the extent to which innovative land uses and land development techniques arc allowed and thc degree to which thc following Policies are implemented. POLICY LU 1.8.1 The City shall encourage the mix of residential, office, commercial, retail, restaurant, hotel, and flex space through the use of Mixed Use Land Use designations. The Mixed Use Future Land Use designation provides for a mix of uses within a development site or within a multiple parcel area to encourage flexible and creative design, protect established residential neighborhoods from DRAFT: 4.13.2023 — P&Z Board Review adverse impacts of nonresidential development and reduce the cost of public infrastructure. When the City adopts a policy creating a mixed use land use designation(s), it will define the percentage distribution for the mix of allowable uses or other guidelines to implement mixed use controls .. intensity standards for the mixed use designation pursuant to Section 163.3177(6)(a), F.S. Designation of Mixed Use FLU on the FLU Map within the City and the pursuit of appropriate A. Provide for the compatibility of mixed land use patterns, which would consist of retail, restaurant, commercial, office, hotel, flex space and residential uses through the implementation of appropriate land development regulations. B. Encourage private development activities to coordinate with existing residents and property owners. Coordinate the provision of adequate public facilities and services. C. Provide for a reduced need for infrastructure by allowing for shared parking, drainage and other facilities. D. Existing single use developments in place prior to the designation of the land as Mixed Use remain legal conforming uses that can be restored in accordance with the current zoning district standards applicable to the property. E. Attendant on site facilities such as utilities, structured parking facilities integrated into other uses, public schools, open space and recreation areas. New Objective LU -1.8.A and Policies LU -1.8.A1 through 1.8.A9 (Creates New Mixed -Use land use category) OBJECTIVE LU -1.8.A The Mixed -Use (MXU) land use category is intended to support very select mixed-use development projects of high quality that authentically integrate a creative mix of uses and genuinely embrace the vision statement of the City of Cape Canaveral established by the City Council. Such development projects are not otherwise allowed in other land use categories due to their mixed use components. The MXU land use category is intended to promote convenient and efficient relationships between housing, employment, services, and a variety of transit opportunities. It is paramount that the City's interests be prioritized and achieved by an approved mixed-use development project in cooperation with a developer that shares the City's priorities and interests. The MXU future land use map designation shall be subject to the discretion of the City Council and the following conditions, which are set forth as policies as follows: POLICY LU -1.8.A1 The MXU land use category shall be a future land use map designation which may only be approved by the City Council on a project -by -project basis by ordinance and a written development agreement for a specific development project of a larger scale after considering the following factors: DRAFT: 4.13.2023 — P&Z Board Review 1. Whether the proposed development genuinely embraces the vision statement of the City of Cape Canaveral established by the City Council; 2. Whether the proposed mix of residential, commercial (retail, restaurants, office), recreational, civic, open space and/or institutional uses for the mixed-use development are authentically integrated; compatible and in harmony with one another; meet the present and future needs of the community; and create a sense of place; 3. Pedestrian -friendly design mechanisms at the street level and providing buildings that are connected by internal streets and drives, and pedestrian connections and pathways. On site connections shall also provide connections to any existing pedestrian and bicycle infrastructure network to the maximum extent possible; 4. Economic and social benefits to the City and Community Redevelopment Agency; 5. Aesthetic quality and character, architectural design, and physical and visual scale; 6. Any proposed enhancements that developer will commit to completing by development agreement that will significantly: (i) bring the overall quality of the proposed development above and beyond the minimum requirements set forth in the City Code; (ii) enhance the surrounding neighborhood; and (iii) serve the public health, safety, and welfare of the citizens and visitors of Cape Canaveral; 7. Compatibility and harmony with the special and distinctive character of the City; 8. Compatibility with and betterment of surrounding neighborhoods and land uses; 9. Prohibits strip commercial uses; 10. Impact upon public facilities and the adequate provision of public services; 11. Adequacy of on-site parking and impact on off-site parking and implementation of shared parking concepts; 12. Project components have common features and support services such a parking, servicing, loading, utilities, amenities, drainage, public and open spaces, signs and other development features; 13. Consistency with the CRA Community Redevelopment Plan and any other existing master plan approved and being implemented by the City; 14. The manner in which the developer addresses flooding concerns applicable to the subject property as set forth in the City's vulnerability assessment; 15. Proven first-hand experience of the developer to successfully finance and complete one or more projects of such physical and visual scale and design, as evidenced by a written portfolio identifying and describing previously completed or substantially completed projects by the developer; 16. The negotiated terms and conditions of the development agreement including a development schedule deemed relevant and acceptable to the City Council; 17. Impact on environmental concerns including whether the development enhances the beauty and integrity of its natural environment; 18. Incorporation of resilient, sustainable and climate ready community design features that are based on best available and peer reviewed science to the maximum extent feasible and practicable; 19. Consideration of a recommendation from the Community Redevelopment Agency if the project is in conflict with the Agency's Redevelopment Plan, and/or requires an Agency contribution to support the project; DRAFT: 4.13.2023 — P&Z Board Review 20. Compliance with applicable land development regulations and comprehensive plan policies; and 21. Any other factors as may be deemed relevant and necessary by the City Council. POLICY LU -1.8.A2 A MXU future land use map designation may only be approved by the City Council in conjunction with a development agreement setting forth the authorized land uses, densities, intensities, conceptual site plan of the proposed development project drawn to scale by a duly licensed engineer, development schedule, commitments, amenities, and such other specific details of the proposed development deemed relevant and necessary by the City Council to ensure compliance with Objective LU -1-8A and other applicable provisions of the Comprehensive Plan and City Code. The development agreement shall control the future development of the property and be deemed a condition of approval of the ordinance and recorded against the subject property and shall run with the land and become effective if the ordinance approving the MXU future land use map designation becomes effective in accordance with law. POLICY LU -1.8.A3 The Mixed -Use designation shall only be considered by application for a specific development project in very limited areas within the A1A Economic Opportunity Overlay District that are adjacent to and have primary vehicular access from one of the following major transportation corridors in the City: 1. Astronaut Boulevard (S.R. A1A); 2. Center Street; and 3. West Central Boulevard. POLICY LU -1.8.A4 The development site shall be a minimum of seven (7) net developable acres. Developable area shall include the building site, recreation areas, open space, swimming pools, entrance features, required landscape areas, parking drives, setback areas and the similar spaces devoted exclusively to the approved mixed uses. However, such area shall not include wetlands, conservation areas unless required and approved by the City Council to be incorporated into the project as an amenity, land already developed, roadways, waterways, and lands unsuitable for development for the exclusive use of the project's residents and occupants because of topographical features or for environmental reasons. POLICY LU -1.8.A5 The City estimates that a MXU designation approved by the City will consist of a well-balanced and compatible mix of residential and non-residential uses. However, because an approved MXU designation shall be unique to each development project, the City Council may allow, in its discretion, no more than seventy-five (75) percent of any one type of land use to dominate an approved MXU designation. POLICY LU -1.8.A6 Residential density shall be limited to a maximum of fifteen (15) units per net developable acre. However, if residential housing units are developed as part of a vertical mixed-use project a bonus of up to an additional fifteen (15) units per net developable acre (maximum total of thirty (30) units per net developable acre) may be approved subject to the discretion of the City Council pursuant to POLICY LU -1.8.1. DRAFT: 4.13.2023 — P&Z Board Review POLICY LU -1.8.A7 The maximum height and elevations of any building shall be established by the City Council for the approved development project, but shall not exceed six (6) stories. Step backs shall be required for buildings four (4) stories or more. POLICY LU -1.8.A8 Due to the unique nature and importance of the MXU designation to serve the needs of the community, active involvement of residents, businesses and interested stakeholders in the planning and decision making process will be encouraged. As such, in addition to the public hearing requirements required for comprehensive plan amendments under state law, the following additional public hearing requirements shall apply: A. Prior to submitting a formal application seeking approval of a MXU future land use map comprehensive plan amendment, the applicant shall submit a site layout and building elevation design in schematic or sketch form, and a list of proposed land uses, to the staff and City Council for a non-binding and preliminary review at a public meeting. At the meeting, the applicant will only receive initial feedback regarding the proposed project and no formal recommendation or commitments will be made at this time. Thereafter, the applicant can consider whether to submit a formal application seeking approval of an MXU designation. B. Upon submittal of a formal application seeking approval of an MXU designation, the applicant will be required to negotiate a draft development agreement with the City Manager prior to the application and development agreement being presented to the City Council for approval at a public hearing. C. The applicant shall be responsible for conducting at least one publicly noticed community workshop to inform neighboring property owners and interested residents and businesses of the proposed application and answer questions relevant to the proposed application. At a minimum, preliminary demonstrative concept plans, development schedules, and specifications of the proposed development project such as land uses, size and height of buildings, intensity and density, new roads, and other primary features and amenities shall be presented to the public. The workshop shall be held on a date, time and location approved by the City prior to the application being presented to the City Council for approval at a public hearing. The applicant shall be required to schedule an additional workshop if the initial workshop has occurred more than six (6) months prior to the Council's hearing on the application, or the applicant's initially proposed plans have substantially and materially changed from the initial workshop or the City Council determines that an additional community workshop is required before making a final decision on any related application. POLICY LU -1.8.A9 An approved mixed-use designation shall be subject to approval of a corresponding Planned Unit Development (PUD) zoning map designation by the City Council provided such zoning designation is consistent with the approved MXU future land use designation, development agreement and other requirements of law. A PUD zoning application may be processed in conjunction with the MXU future land use map application. The development agreement approved as part of the MXU designation may be modified to incorporate additional DRAFT: 4.13.2023 — P&Z Board Review or revised conditions and requirements deemed relevant and necessary by the City Council during the PUD zoning approval process. 011.1., gliS11thi mii '....,i mmm .1',t uii OBJECTIVE LU -1.8.B (Authorizing live -work units) The City Council may adopt land development regulations to allow "live -work units" or "live -work space" in commercial and industrial zoning districts which allows a building or spaces within a building to be used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. Proposed live -work units authorized by land development regulations in applicable commercial and industrial zoning districts shall not be subject to the requirements set forth in Objective LU -1.8.A. Renumber existing Policy LU -1.8.2 to Objective 1.8.0 (Update PUD language) POLICY OBJECTIVE LU -1.8.-2C The City shall allow planned unit developments (PUD's) and establish PUD land development regulations with proper review, using the following specific criteria: A. The PUD is an area of land developed as a single development project entity, which may include a phased development schedule or in approved stages, in conformity with a final development plan which is approved as part of the PUD rezoning and intended to provide for a variety of residential and compatible uses and common space, or a mixed-use development project approved pursuant to Objective LU -1.8.A. B The PUD is a concept which permits a development with unique development standards and requirements as set forth in the PUD zoning ordinance, final development plan and any development agreement deemed relevant and necessary by the City. It is intended to provide more flexible and desirable land use patterns and developments that create a greater sense of place, community and neighborhood identity, through superlative urban design and innovation. It is also intended to allow deviations in lot size, setbacks and other traditional bulk zoning regulations that would not otherwise be possible through strict application of Euclidian zoning, while adhering to the provisions of the comprehensive plan and applicable federal and state regulations. variation in residential developments by allowing deviation in lot size, type of dwelling, density, lot coverage, and zoning regulations. C. PUD land development regulations and procedures and standards will be guided by have the following objectives: 1. Accumulation of large areas of usable open spaces for recreation and preservation of natural amenities. 2. Flexibility in design to take the greatest advantage of natural land, trees, historical and other features. DRAFT: 4.13.2023 — P&Z Board Review 3. Creation of a variety of housing types and compatible neighborhood arrangements that give the home buyer greater choice in selecting types of environment and living units. 4. Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical development, as well as utilizing innovative techniques to enhance the visual character of the City of Cape Canaveral. 5. Efficient use of land which may result in smaller street and utility networks and reduce development costs. 6. Establishment of criteria for the inclusion of compatible associated uses to complement the residential areas within the planned unit development. 7. Simplification of the procedure for obtaining approval of proposed developments through simultaneous review by the City of proposed land use, site consideration, lot and setback considerations, public needs and requirements, and health and safety factors. 8. PUD should utilize economical and efficient use of land, utilities and streets and other infrastructure. D. No PUD shall be approved by the City until such time as a PUD ordinance is adopted by the City in accordance with the PUD land development regulations and in conjunction with a final development plan and development agreement; this PUD ordinancc shall be an up to date type of ordinancc based upon the criteria specified above.