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HomeMy WebLinkAboutcocc_p&z_mtg_minutes_20230712CAPE CANAVERAL PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Wednesday July 12, 2023 6:00 P.M. MINUTES CALL TO ORDER: A meeting of the Planning & Zoning Board took place on July 12, 2023, at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairman Lamar Russell called the meeting to order at 6:00 pm. The Board Secretary called the roll ROLL CALL: Members Present: Lamar Russell Chairman Nancy Gentilquore Board Member Susan Denny Board Member Steven Stroud Board Member Dr. Michael Miller Board Member Others Present: David Dickey Kyle Harris Patti Roth Renee Yother Scott Molyneaux Director, Community & Economic Development Senior Planner Code Enforcement Administrative Assistant Board Secretary Brevard County Sheriff's Office 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. Council Member Don Willis thanked the Board for their volunteerism and efforts. He expressed his appreciation for all research and decisions submitted to City Council. OLD BUSINESS: PZB Agenda —Jul 12, 2023 Page 2 of 4 NEW BUSINESS: A. Board Matters: 1. Approval of Meeting Minutes: May 10, 2023 — Motion to accept the minutes as written made by Board Member Miller and seconded by Board Member Gentilquore. Vote on the motion carried unanimously, 5-0. B. Quasi-Judicial/Comprehensive Plan Amendments (Legislative — Public Hearings): 2. Consideration of Ordinance No. XX-2023 to amend the City of Cape Canaveral Comprehensive Plan Future Land Use Element by Establishing a Mixed -Use (MXU) Land Use Category and Related Objective and Policies, providing for the repeal of prior inconsistent Ordinances and Resolutions, incorporation into the Comprehensive Plan, an effective date and legal status of the Plan amendments. Mr. Harris reported that the City Attorney incorporated language presented and approved at the May 10th meeting into the Ordinance, which is now in proper format and presented tonight to the Board to allow for further review. Mr. Dickey explained to the Board that specific recommendations related to Affordable Housing were not going to be presented tonight, rather, the topic would be discussed at a future meeting. The topic is an important one with many City businesses, property owners and tenants being affected. Chairman Russell opened the discussion to the public. There was negative and positive feedback. Lee Vicidomini, resident, discussed concerns about tax increase, Affordable Housing paying lower taxes, and expressed her opposition for the City's need to get involved as there are currently several affordable mobile home parks. Council Member Mickie Kellum was present and questioned if the Mixed -Use element needs to wait with Affordable Housing or if it can move forward separately. Discussion continued between Chairman Russell, Mr. Dickey, Mrs. Vicidomini and Council Member Mickie Kellum which included incentivizing developers, determination of affordability, subsidies, lower taxes, zoning and the application process. Chairman Russell directed staff to agenda Affordable Housing for the next meeting. Discussion ensued regarding criteria of Mixed -Use Land Use. "Live -work units" or "live -work space" is currently not allowed in City Code. Mr. Dickey informed the Board there is proposed language that would allow for development of these types of units in commercial and industrial zoned properties. Mixed -Use projects, of at least 7 acres, under the proposed language, are larger scale projects than the "live -work units" or "live -work space". Criteria for these larger Mixed -Use projects are in the proposed language in which the Board and Council can use to designate properties PZB Agenda — Jul 12, 2023 Page 3 of 4 that will be eligible. The Board feels there is merit to the new proposed language and the consensus is to move forward with staff drafting the Ordinance, with the proposed language for the Board to review at the next meeting, at which time, staff will ask for recommendation to present to the City Council. Discussion continued between Chairman Russell and Mr. Dickey regarding planned unit development (PUD) zoning and the Mixed -Use map. Mr. Dickey informed the Board there is only one PD zone in the City, which is located along A1A; Life Storage, an indoor storage warehouse. Originally this property was zoned C-1, which does not permit this type of use. Zoning this property as PD allowed for a more flexible zoning district that allows multiple uses. Each Mixed -Use project could be so different from one another which is why the proposed language recommends that each project be evaluated project by project. Chairman Russell opened discussion to Council Member Kellum. She discussed her concerns for the City's small town feel and visions of the city regarding land requirements for hotels and the Mixed -Use projects. The Board directed Staff to draft the Ordinance with the proposed language for final review and recommendation to City Council. 3. Discuss potential alternatives to the current parking requirements for restaurants/bars specified in Sec. 110-491 of the Cape Canaveral's Land Development Regulations. Kyle Harris showed a slide presentation of challenges and alternatives and discussed his parking research analysis from various municipalities across the state. The challenges shown are limited space, cost of providing parking and environmental impacts. The alternatives included number of seats and employees, square footage of service area, total occupancy determined by the fire department, parking plan/studies and reductions of spaces related to low -impact development and encouragement of alternative methods of transportation (bicycle, walking, etc.). The City currently requires one space per three seats for bars and restaurants. Mr. Harris suggested that a reduction of parking spaces will help eliminate the amount of impervious surface on a property. Mr. Harris introduced locational criteria as a way to distinguish between parking needs. The criteria consist of: access off of a two-lane local road, no frontage or access to A1A and has commercial zoning that permits bars or restaurants by right or with a special exception. This could lead to a two-tier parking approach. The presentation included a map showing areas that could possibly meet the proposed locational criteria. Discussion ensued between the Board, staff and the public. Lee Vicidomini contended the resiliency of the people and their use of ride sharing services such as Uber and how the City PZB Agenda —Jul 12, 2023 Page 4of4 needs to be more equitable. Board Member Denny disclosed her parking research of various properties within the City and is not in favor of having different restrictions for properties along the side streets of A1A. The Board needs to be fair and accommodate everybody. Further research shared is that the federal government introduced in May 2023, but not yet promulgated, the Homes for People Not Cars Act of 2023, which proposes property owners will have sole discretion to determine how many parking spaces to include in new and substantially renovated buildings within 0.5 miles of a major transit stop. Council Member Kellum reminded the Board of previous discussions to incentivize businesses to share parking without problems. REPORTS AND OPEN DISCUSSION Mr. Dickey briefly discussed SB250, which resulted from the last session of the Legislature. The Bill states that Cities within 100 miles of landfall of Hurricane Ian or Hurricane Nicole cannot adopt any new regulations that would place any further burden on certain development. This Bill is effective until 2025. Further discussion centered on The Live Local Act, which took effect July 1, 2023. The effect of the Act is to preempt certain local government zoning and comprehensive plan requirements related to affordable housing. This Act appears to allow an Affordable Housing project to be located on a commercial or industrial zoned property, even though local zoning prohibits this type of development, and to be exempt from certain height, and density requirements. ADJOURNMENT: Meeting adjourned at 8:04 P.M. Approved on this Lamar Russell, Chairman /1,t/tuA Renee Yother, Board Secretary day of 19-'ft--- , 2023