HomeMy WebLinkAboutcocc_p&z_mtg_minutes_20231115CAPE CANAVERAL PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
November 15, 2023
MINUTES
CALL TO ORDER: The Chairperson Russell called the Meeting to Order at 6:00 p.m. The Board
Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT:
Lamar Russell
John Price
Susan Denny
Steven Stroud
Daniel Sharpe
MEMBERS ABSENT:
Nancy Gentilquore
Dr. Michael Miller
OTHERS PRESENT:
David Dickey
Kyle Harris
Anthony Garganese
Renee Yother
BCSO
Chairperson
Vice Chairperson
Board Member
Board Member
Board Member
Board Member
Board Member
Director, Community & Economic Development
Senior Planner
City Attorney
Board Secretary
PUBLIC PARTICIPATION: None
OLD BUSINESS: None
NEW BUSINESS
A. Board Matters:
1. Approval of Meeting Minutes — Minutes for December 7, 2022: Motion to approve
the Minutes as written made by Vice Chairperson Price, seconded by Board
Member Stroud. Motion carried 5-0.
2. Approval of Meeting Minutes - Minutes for July 26, 2023: Motion to approve the
Minutes as written made by Vice Chairperson Price, seconded by Board Member
Denny. Motion carried 5-0.
3. Approval of Meeting Minutes - Minutes for September 13, 2023: Motion to approve
the Minutes as written made by Vice Chairperson Price, seconded by Board
Member Stroud. Motion carried 5-0.
City of Cape Canaveral, FL
Planning and Zoning Board Minutes — November 15, 2023
Page 2 of 9
B. Comprehensive Plan Amendments (Legislative — Public Hearings):
Mr. Harris gave brief history for the rezoning of nonconforming residential uses in C1
and informed the Board that proper notice was given according to the Florida Statute:
notices were mailed to the property owners and legal ad posted in the newspaper.
1. Ocean Court — Rezoning and Future Land Use Map Amendment
a. Ordinance No. 01-2024; An Ordinance of the City Council of the City of Cape
Canaveral, Florida; adopting a Small Scale Future Land Use Map Amendment
by changing the Future Land Use Map Designation of several parcels of
property legally described as Lots 1 through 8, Ocean Court, according to
the Plat thereof, as recorded in Plat Book 40, Page 17, of the Public Records
of Brevard County, Florida and located at 8657, 8659, 8661, 8663, 8665, 8667,
8668, and 8671 Maple Court from C-1 Commercial to R-2 Residential;
providing the property subject to this Ordinance is more particularly
depicted and legally described on Exhibit "A" attached hereto; providing for
the repeal of prior inconsistent ordinances and resolutions, severability,
incorporation into the Comprehensive Plan and an effective date.
Motion to approve changing the Small Scale Future Land Use Map
Amendment made by Board Member Denny, seconded by Vice
Chairperson Price. Motion carried 5-0.
b. Ordinance No. 02-2024; An Ordinance of the City Council of the City of Cape
Canaveral, Florida; adopting a Zoning Map Amendment for several parcels of
property legally described as Lots 1 through 8, Ocean Court, according to the
Plat thereof, as recorded in Plat Book 40, Page 17, of the Public Records of
Brevard County, Florida and located at 8657, 8659, 8661, 8663, 8665, 8667,
8668, and 8671 Maple Court from the current City C-1 Low Density
Commercial Zoning District Designation to the City R-2 Medium Density
Residential Zoning District Designation; providing the property subject to this
Ordinance is more particularly depicted and legally described on Exhibit "A"
attached hereto; providing for the repeal of prior inconsistent ordinances and
resolutions, severability an effective date.
Motion to approve the Zoning Map Amendment made by Board Member
Stroud, seconded by Board Member Denny. Motion carried 5-0.
2. Park Villas — Rezoning and Future Land Use Map Amendment
a. Ordinance No. 03-2024; An Ordinance of the City Council of the City of Cape
Canaveral, Florida; adopting a Small Scale Future Land Use Map Amendment
by changing the Future Land Use Map Designation of several parcels of
property legally described as Lots 1 through 15, Park Villas, according to the
Plat thereof, as recorded in Plat Book 38, Page 74, of the Public Records of
City of Cape Canaveral, FL
Planning and Zoning Board Minutes - November 15, 2023
Page 3 of 9
Brevard County, Florida and located at 106, 108, 110, 112, 114, 116, 118, 120,
122, 124, 126, 128, 130, 132, and 134 Washington Avenue from C-1
Commercial to R-2 Residential; providing the property subject to this
Ordinance is more particularly depicted and legally described on Exhibit "A"
attached hereto; providing for the repeal of prior inconsistent ordinances and
resolutions, severability, incorporation into the Comprehensive Plan and an
effective date. -
Public Participant, James Hale of 110 Washington Avenue, brought to the
Board and Staff's attention that there is property addressed 104 Washington
Avenue which is included in Park Villas. Mr. Harris was aware and informed
that it is included in the exhibit and will add it to the Ordinance Title before
the City Council meeting. Motion to approve the Small Scale Future Land
Use Amendment made by Board Member Stroud, seconded by Vice
Chairperson Price. Motion carried 5-0.
b. Ordinance No. 04-2024; An Ordinance of the City Council of the City of Cape
Canaveral, Florida; adopting a Zoning Map Amendment for several parcels of
property legally described as Lots 1 through 15, Park Villas, according to the
Plat thereof, as recorded in Plat Book 38, Page 74, of the Public Records of
Brevard County, Florida and located at 106, 108, 110, 112, 114, 116, 118, 120,
122, 124, 126, 128, 130, 132, and 134 Washington Avenue from the current
City C-1 Low Density Commercial Zoning District Designation to the City R-2
Medium Density Residential Zoning District Designation; providing the
property subject to this Ordinance is more particularly depicted and legally
described on Exhibit "A" attached hereto; providing for the repeal of prior
inconsistent ordinances and resolutions, severability an effective date. -
104 Washington Avenue will be added to the Ordinance before it is presented
to Council. Motion to approve the Zoning Map Amendment made by
Board Member Stroud, seconded by Vice Chairperson Price. Motion
carried 5-0.
3. The Oaks Condominium - Rezoning and Future Land Use Map Amendment
a. Ordinance No. 05-2024; An Ordinance of the City Council of the City of Cape
Canaveral, Florida; adopting a Small Scale Future Land Use Map Amendment
by changing the Future Land Use Map Designation of several parcels of
property legally described as the Ocean Oaks Condominium Phases I, II, III and
IV and located at 201 International Drive from C-1 Commercial to R-2
Residential; providing the property subject to this Ordinance is more
particularly depicted and legally described on Exhibit "A" attached hereto;
providing for the repeal of prior inconsistent ordinances and resolutions,
severability, incorporation into the Comprehensive Plan and an effective date.-
City of Cape Canaveral, FL
Planning and Zoning Board Minutes — November 15, 2023
Page 4 of 9
Staff recommended the change to be from C-1 to R-3. Being it is adjacent to
R-3, this will make it more compatible. This change will be submitted to
Council as R-3. The description will be corrected as 'The Oaks Condominium'.
Motion to approve the Small Scale Future Land Use Amendment with the
stated changes made by Board Member Stroud, seconded by Board
Member Sharpe. Motion carried 5-0.
b. Ordinance No. 06-2024; An Ordinance of the City Council of the City of Cape
Canaveral, Florida; adopting a Zoning Map Amendment for several parcels of
property legally described as the Ocean Oaks Condominium Phases I, II, III and
IV and located at 201 International Drive from the current City C-1 Low Density
Commercial Zoning District Designation to the City R-2 Medium Density
Residential Zoning District Designation; providing the property subject to this
Ordinance is more particularly depicted and legally described on Exhibit "A"
attached hereto; providing for the repeal of prior inconsistent ordinances and
resolutions, severability an effective date.
Staff confirmed the change will be from C-1 to R-3 and the description will
read as The Oaks Condominium. Motion to approve the Zoning Map
Amendment with stated changes made by Board Member Stroud,
seconded by Board Member Sharpe. Motion carried 5-0.
4. Parcels between Washington Ave. and Adams Ave. — Rezoning and Future Land
Use Map Amendment
a. Ordinance No. 07-2024; An Ordinance of the City Council of the City of Cape
Canaveral, Florida; adopting a Small Scale Future Land Use Map Amendment
by changing the Future Land Use Map Designation of several contiguous
parcels of property generally located between Washington Avenue and
Adams Avenue and west of Poinsetta Avenue which are legally described as
Lots 1 through 4 of the Villagio Townhomes according to the Plat thereto
recorded at Plat Book 55, Page 92 of the Public Records of Brevard County,
Florida located at 103, 105, 107 and 109 Washington Avenue, Vacant Tax
Parcels 24-37-23-CG-1-4 and 24-37-23-CG-1-5 located on Washington
Avenue, Tax Parcel 24-37-23-CG-1-16 located at 128 Adams Avenue, and Lots
14A, 14B, 14C and 14D of the Breezeway Townhouses according to the Plat
thereto recorded at Plat Book 31, Page 59 of the Public Records of Brevard
County, Florida located at 116, 120, 122 and 127 Adams Avenue from C-1
Commercial to R-2 Residential; providing the property subject to this
Ordinance is more particularly depicted and legally described on Exhibit "A"
attached hereto; providing for the repeal of prior inconsistent ordinances and
resolutions, severability, incorporation into the Comprehensive Plan and an
effective date. —
City of Cape Canaveral, FL
Planning and Zoning Board Minutes — November 15, 2023
Page 5 of 9
Staff informed the Board that the parcels to the south on Adams Avenue, the
most western parcels along North Atlantic, are not included in the aerial
presentation. Motion to approve the Small Scale Future Land Use
Amendment made by Vice Chairperson Price, seconded by Board
Member Denny. Motion carried 5-0.
b. Ordinance No. 08-2024; An Ordinance of the City Council of the City of Cape
Canaveral, Florida; adopting a Zoning Map Amendment of several contiguous
parcels of property generally located between Washington Avenue and
Adams Avenue and west of Poinsetta Avenue which are legally described as
Lots 1 through 4 of the Villagio Townhomes according to the Plat thereto
recorded at Plat Book 55, Page 92 of the Public Records of Brevard County,
Florida located at 103, 105, 107 and 109 Washington Avenue, Vacant Tax
Parcels 24-37-23-CG-1-4 and 24-37-23-CG-1-5 located on Washington
Avenue, Tax Parcel 24-37-23-CG-1-16 located at 128 Adams Avenue, and Lots
14A, 14B, 14C and 14D of the Breezeway Townhouses according to the Plat
thereto recorded at Plat Book 31, Page 59 of the Public Records of Brevard
County, Florida located at 116, 120, 122 and 127 Adams Avenue from the
current City C-1 Low Density Commercial Zoning District Designation to the
City R-2 Medium Density Residential Zoning District Designation; providing
the property subject to this Ordinance is more particularly depicted and legally
described on Exhibit "A" attached hereto; providing for the repeal of prior
inconsistent ordinances and resolutions, severability an effective date.
Motion to approve the Zoning Map Amendment made by Board Member
Denny, seconded by Vice Chairperson Price. Motion carried 5-0.
5. Parcels between Adams Ave. and Jefferson Ave. — Rezoning and Future Land Use
Map Amendment
a. Ordinance No. 09-2024; An Ordinance of the City Council of the City of Cape
Canaveral, Florida; adopting a Small Scale Future Land Use Map amendment
by changing the Future Land Use Map Designation for several parcels of
property legally described as Lots 1 and 2 of Jefferson Villas Phase II according
to the Plat thereof recorded at Plat Book 49, Page 26 of the Public Records of
Brevard County, Florida, and located at 108, 110, 112 and 114 Jefferson
Avenue, Lots 5, 6, 7 and 8 of San Tomas Villas Phase II according to the Plat
thereof recorded at Plat Book 36, Page 9 of the Public Records of Brevard
County, Florida and located at 116, 118, 120 and 122 Jefferson Avenue, Lots
12, 13 and 14 of San Tomas Villas Phase IV according to the Plat thereof
recorded at Plat Book 36, Page 80 of the Public Records of Brevard County,
Florida and located at 124, 126, and 128 Jefferson Avenue, Lots 1 and 2 of
Adams Villas Phase II according to the Plat thereof recorded at Plat Book 48,
Page 6 of the Public Records of Brevard County, Florida, and located at 107,
City of Cape Canaveral, FL
Planning and Zoning Board Minutes - November 15, 2023
Page 6 of 9
109, 111, and 113 Adams Avenue, Lots 1, 2, 3 and 4 of San Tomas Villas
according to the Plat thereof recorded at Plat Book 35, Page 13 of the Public
Records of Brevard County, Florida and located at 115, 117, 119 and 121
Adams Avenue, Lots 9,10, and 11 of San Tomas Villas Phase III according to
the Plat thereof recorded at Plat Book 36, Page 55 of the Public Records of
Brevard County, Florida and located at 123, 125 and 127 Adams Avenue from
C-1 Commercial to R-2 Residential; providing the property subject to this
Ordinance is more particularly depicted and legally described on Exhibit "A"
attached hereto; providing for the repeal of prior inconsistent ordinances and
resolutions, severability, incorporation into the Comprehensive Plan and an
effective date. -
Staff informed the Board that subsequent to the mailout, a property owner
called to inform Staff they choose to opt out of this change and want to stay
zoned as C-1 as their property is a rental and the seven minimum does not
apply in C-1. The property owner was informed that if the residential structure
is destroyed, rebuild will have to be consistent with current Code. Staff
recommends to include the property in the proposed amendment and if any
change is needed should the property owner decide to opt out, the change
can be presented at the first reading presented to Council. Motion to
approve the Small Scale Future Land Use Amendment as written with
Staff recommendation made by Vice Chairperson Price, seconded by
Board Member Denny. Motion carried 5-0.
b. Ordinance No. 10-2024; An Ordinance of the City Council of the City of Cape
Canaveral, Florida; adopting a Zoning Map Amendment for several parcels of
property legally described as Lots 1 and 2 of Jefferson Villas Phase II according
to the Plat thereof recorded at Plat Book 49, Page 26 of the Public Records of
Brevard County, Florida, and located at 108, 110, 112 and 114 Jefferson
Avenue, Lots 5, 6, 7 and 8 of San Tomas Villas Phase II according to the Plat
thereof recorded at Plat Book 36, Page 9 of the Public Records of Brevard
County, Florida and located at 116, 118, 120 and 122 Jefferson Avenue, Lots
12, 13 and 14 of San Tomas Villas Phase IV according to the Plat thereof
recorded at Plat Book 36, Page 80 of the Public Records of Brevard County,
Florida and located at 124, 126, and 128 Jefferson Avenue, Lots 1 and 2 of
Adams Villas Phase II according to the Plat thereof recorded at Plat Book 48,
Page 6 of the Public Records of Brevard County, Florida, and located at 107,
109, 111, and 113 Adams Avenue, Lots 1, 2, 3 and 4 of San Tomas Villas
according to the Plat thereof recorded at Plat Book 35, Page 13 of the Public
Records of Brevard County, Florida and located at 115, 117, 119 and 121
Adams Avenue, Lots 9,10, and 11 of San Tomas Villas Phase III according to
the Plat thereof recorded at Plat Book 36, Page 55 of the Public Records of
Brevard County, Florida and located at 123, 125 and 127 Adams Avenue from
City of Cape Canaveral, FL
Planning and Zoning Board Minutes - November 15, 2023
Page 7 of 9
the current City C-1 Low Density Commercial Zoning District Designation to
the City R-2 Medium Density Residential Zoning District Designation;
providing the property subject to this Ordinance is more particularly depicted
and legally described on Exhibit "A" attached hereto; providing for the repeal
of prior inconsistent ordinances and resolutions, severability an effective date.
Motion to approve the Zoning Map Amendment made by Board Member
Stroud, seconded by Board Member Denny. Motion carried 5-0.
6. Canaveral Breakers Apartments - Rezoning and Future Land Use Map
Amendment
a. Ordinance No. 11-2024; An Ordinance of the City Council of the City of Cape
Canaveral, Florida; adopting a Small Scale Future Land Use Map amendment
by changing the Future Land Use Map Designation for property legally
described as the Canaveral Breakers Annex Apartments, a condominium
inclusive of all units and common area, as described in and according to the
Declaration of Condominium recorded in Official Records Book 1128, Page
181 to 202 inclusive, as amended, all of the Public Records of Brevard County,
Florida and which is located at 8522 N. Atlantic Avenue from C-1 Commercial
to R-2 Residential; providing the property subject to this Ordinance is more
particularly depicted and legally described on Exhibit "A" attached hereto;
providing for the repeal of prior inconsistent ordinances and resolutions,
severability, incorporation into the Comprehensive Plan and an effective date.
Motion to approve the Small Scale Future Land Use Amendment made
by Vice Chairperson Price, seconded by Board Member Sharpe. Motion
carried 5-0.
b. Ordinance No. 12-2024; An Ordinance of the City Council of the City of Cape
Canaveral, Florida; adopting a Zoning Map Amendment for several parcels of
property legally described as the Canaveral Breakers Annex Apartments, a
condominium inclusive of all units and common area, as described in and
according to the Declaration of Condominium recorded in Official Records
Book 1128, Page 181 to 202 inclusive, as amended, all of the Public Records
of Brevard County, Florida and which is located at 8522 N. Atlantic Avenue
from the current City C-1 Low Density Commercial Zoning District Designation
to the City R-2 Medium Density Residential Zoning District Designation;
providing the property subject to this Ordinance is more particularly depicted
and legally described on Exhibit "A" attached hereto; providing for the repeal
of prior inconsistent ordinances and resolutions, severability an effective date.
Motion to approve the Zoning Map Amendment as written made by
Board Member Denny, seconded by Vice Chairperson Price. Motion
carried 5-0.
7. 102 E. Central Boulevard - Rezoning and Future Land Use Map Amendment
City of Cape Canaveral, FL
Planning and Zoning Board Minutes - November 15, 2023
Page 8 of 9
a. Ordinance No. 13-2024; An Ordinance of the City Council of the City of Cape
Canaveral, Florida; adopting a Small Scale Future Land Use Map amendment
by changing the Future Land Use Map Designation for a portion of Lot 3, Block
9, Cape Canaveral Beach Gardens, Unit No. 2, as recorded in Plat Book 17,
Pages 81 and 82, of the Public Records of Brevard County, Florida, which is
located at 102 E. Central Boulevard from C-1 Commercial to R-2 Residential;
providing the property subject to this Ordinance is more particularly depicted
and legally described on Exhibit "A" attached hereto; providing for the repeal
of prior inconsistent ordinances and resolutions, severability, incorporation
into the Comprehensive Plan and an effective date.
Motion to approve the Small Scale Future Land Use Amendment made
by Vice Chairperson Price, seconded by Board Member Sharpe. Motion
carried 5-0.
b. Ordinance No. 14-2024; An Ordinance of the City Council of the City of Cape
Canaveral, Florida; adopting a Zoning Map Amendment for a portion of Lot 3,
Block 9, Cape Canaveral Beach Gardens, Unit No. 2, as recorded in Plat Book
17, Pages 81 and 82, of the Public Records of Brevard County, Florida, which
is located at 102 E. Central Boulevard from the current City C-1 Low Density
Commercial Zoning District Designation to the City R-2 Medium Density
Residential Zoning District Designation; providing the property subject to this
Ordinance is more particularly depicted and legally described on Exhibit "A"
attached hereto; providing for the repeal of prior inconsistent ordinances and
resolutions, severability an effective date.
Motion to approve the Zoning Map Amendment as written made by
Board Member Denny, seconded by Vice Chairperson Price. Motion
carried 5-0.
8. 108, 112, 114, and 116 Madison Avenue - Rezoning and Future Land Use Map
Amendment
a. Ordinance No. 15-2024; An Ordinance of the City Council of the City of Cape
Canaveral, Florida; adopting a Small Scale Future Land Use Map amendment
by changing the Future Land Use Map Designation for Lots 11, 12 and 13,
Block 13, Avon by the Sea, according to the Map or Plat thereof, as recorded
in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida and
located at 108, 112, 114 and 116 Madison Avenue from C-1 Commercial to R-
2 Residential; providing the property subject to this Ordinance is more
particularly depicted and legally described on Exhibit "A" attached hereto;
providing for the repeal of prior inconsistent ordinances and resolutions,
severability, incorporation into the Comprehensive Plan and an effective date.
Discussion ensued regarding split lots, rebuild of the nonconforming structure
destroyed from a fire and setbacks. Public Participant, Giuseppe Conoscenti,
owner of 108 and 112 Madison Avenue, confirmed with staff that his rebuild
City of Cape Canaveral, FL
Planning and Zoning Board Minutes — November 15, 2023
Page 9 of 9
will meet setback requirements. Motion to approve the Small Scale Future
Land Use Map Amendment as written made by Vice Chairperson Price,
seconded by Board Member Denny. Motion carried 5-0.
b. Ordinance No. 16-2024; An Ordinance of the City Council of the City of Cape
Canaveral, Florida; adopting a Zoning Map Amendment for Lots 11, 12 and
13, Block 13, Avon by the Sea, according to the Map or Plat thereof, as
recorded in Plat Book 3, Page 7, of the Public Records of Brevard County,
Florida and located at 108, 112, 114 and 116 Madison Avenue from the current
City C-1 Low Density Commercial Zoning District Designation to the City R-2
Medium Density Residential Zoning District Designation; providing the
property subject to this Ordinance is more particularly depicted and legally
described on Exhibit "A" attached hereto; providing for the repeal of prior
inconsistent ordinances and resolutions, severability an effective date.
Motion to approve the Zoning Map Amendment as written made by
Vice Chairperson Price, seconded by Board Member Stroud. Motion
carried 5-0.
REPORTS AND OPEN DISCUSSION:
Director Dickey updated the Board that the Mixed -Use Ordinance has been submitted to the
State for comments. If there are no comments from the State, Staff will present it for a second
reading and adoption at an upcoming Council meeting. He reminded the Board that the
Ordinance included Live -Work Units. Staff, the City Manager and City Attorney will prepare a
draft Ordinance which will include specifics on the operation of the Live -Work Units. It will then
be presented back to the Board in Ordinance form for consideration. Mr. Harris reminded the
Board that they recommended to eliminate parking minimums for bars and restaurants. Council
will be discussing this during their meeting next week.
ADJOURNMENT: There being no further business, meeting adjourned at 7:03 P.M.
Approved on this 24 Ya
Lamar Russell, Chairman
day of ►--111Nu4F2`j ,2023