Loading...
HomeMy WebLinkAboutcocc_p&z_agenda_pkt_20250423CAPE CANAVERAL PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 April 23, 2025 6:00 P.M. CALL TO ORDER ROLL CALL PUBLIC PARTICIPATION Members 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 1. Approval of Meeting Minutes — April 2, 2025 2. Consider a Proposed Amendment to the City of Cape Canaveral Land Development Code, Article II., Section 102-36, to Reduce the Diameter and Clarify the Term "Specimen Tree" as Defined in the Tree Protection Ordinance. 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 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. CAPE CANAVERAL PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 April 2, 2025 MINUTES CALL TO ORDER: A meeting of the Planning & Zoning Board (PZB) took place on April 2, 2025, 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 Nancy Gentilquore Dr. Michael Miller Steven Stroud OTHERS PRESENT: Connor Ford Anthony Garganese Renee Yother Zachary Eichholz Deputy Chairman Board Member Board Member Board Member Senior Planner City Attorney Board Secretary Chief Resilience Manager BCSO PUBLIC PARTICIPATION: Garret Kehoe of 8207 Canaveral Boulevard expressed his concern for the Port Canaveral Fire Department's response time due to traffic in that location because of the width of the road. Mickie Kellum, 8910 Coquina Lane, expressed concern for the cruise parking facility entrance and the septic system. OLD BUSINESS: NEW BUSINESS: 1. Approval of Meeting Minutes - December 11, 2024. Member Gentilquore made the motion to approve the minutes as written, seconded by Member Stroud. Vote on the motion carried unanimously. 2. Consideration of a Site Plan Application for multi -family dwellings (apartment 5-units) for the vacant lot on the southeast corner of Orange Avenue & Buchanan Avenue, approximately 0.42 acres, identified as Brevard County Tax Parcel 24-37-23-CG-67-1. Senior Planner Ford started the discussion with a brief background of this proposed development. Art Berger, Certified General Contractor, thanked Staff for their work on the project. Motion to approve the Site Plan Application as written made by Member Gentilquore, seconded by Member Miller. Vote on the motion carried unanimously. PZB Agenda — April 2, 2025 Page 2 of 2 3. Consideration of Site Plan Application for a Hotel and Restaurant on 5.75 acres at 8955 Columbia Road (Parcel ID 24-37-15-00-34). Senior Planner Ford started the discussion with a brief background of this proposed development. Richard Stubbs, owner of Stubbs Architecture introduced himself. Greg Crawford with the Florida Engineering Group in Orlando discussed impervious concrete and stormwater. The Board requests that Staff monitor the wetlands near the property of this proposed development to avoid encroachment. Discussion ensued to include sewer line extension and its connections, wetland impacts, drainage ditch and easement expansion, Port property boundaries, lift stations, sewer line agreement, HTPE sleeve, directional drilling, increased rooftop to 65 feet, traffic, fire truck access and access to the observation deck. Senior Planner Ford addressed Mr. Kehoe and Ms. Kellum's concerns. Motion to approve the Site Plan Application with the described conditions made by Member Stroud, seconded by Member Miller. Vote on the motion carried unanimously. 4. Recommended for Continuance: Lot Split Application approval at 9009 Astronaut Boulevard, approximately 7.19 acres, identified as Brevard County Tax Parcels 24-37-15- 00-252 and 24-37-15-00-267. Senior Planner Ford informed the Board that this Lot Split Application remains in the same state and the applicant is not ready for this project to be heard. The project is expected to be heard at the next PZB meeting. Motion for the Lot Split Application to be kept on the Agenda made by Chairman Russell, seconded by Member Gentilquore. Vote on the motion carried unanimously. REPORTS AND OPEN DISCUSSION: The next PZB Meeting is tentatively scheduled for April 23, 2025. With the Board's unanimous consent, three additional visual exhibits were presented to the Board, during the discussion for Item 3, and will be considered as support documents in the Agenda Packet. ADJOURNMENT: There being no further business, Chairman Russell adjourned the meeting at 6:49 PM. Approved on the Lamar Russell, Chairman day of 2025. Renee Yother, Recording Secretary PLANNING AND ZONING (P&Z) BOARD APRIL 23, 2025, REGULAR MEETING • ITEM #2 Subject: Consider a Proposed Amendment to the City of Cape Canaveral Land Development Code, Article II., Section 102-36, to Reduce the Diameter and Clarify the Term "Specimen Tree" as Defined in the Tree Protection Ordinance. Summary: For over 30 years, The City of Cape Canaveral has upheld its designation as a "Tree City" by the Arbor Day Foundation through the Tree City USA program. To be recognized as a "Tree City", communities must prioritize the protection, preservation, and maintenance of the urban forest. The City has a designated arborist, Tree Protection Ordinance, celebrates Arbor Day annually, and dedicates a portion of the budget towards the planting, care, and removal of City Trees. As the City continues to see growth and development, City policy, goals, and objectives must emphasize the preservation of the existing urban forest to the greatest extent possible. The City of Cape Canaveral is a profoundly developed coastal community with approximately 90% of the City being built out. Prioritizing the preservation of urban trees leads to a multitude of benefits for the community, wildlife, and local economy. Urban forests support improved air quality, capture stormwater, provide animal habitat, offer noise reduction, improve real estate values, and reduce urban heat. Urban trees help mitigate climate change by storing carbon in tree tissue and sequestering atmospheric carbon. A 2018 study conducted by the U.S. Forest Service found that trees intercept a significant amount of rain. The branches and stems can capture and store up to 15 percent of total rainfall. Additionally, trees planted over open, impervious surfaces such as parking lots could reduce stormwater runoff by as much as 20 percent. Retaining existing trees to ensure the benefits they provide are available now and into the future is essential. The City Land Development Code seeks the protection of trees through the designation of specimen trees. Trees having a caliper of 24 inches or more in diameter that are not undesirable, dead, hazardous, diseased, or structurally unsound and cannot recover from pruning are defined as specimen trees. Currently, specimen trees shall be preserved or relocated on -site to the greatest extent feasible. The City is proposing an amendment to the Land Development Code to reduce the Diameter at Breast Height (DBH) from 24 inches to 18 inches and clarify specimen trees as desirable tree species. Other governing agencies such as Miami -Dade County and the City of Fort Lauderdale have adopted the caliper measurement of 18 inches DBH or more to preserve specimen trees. It is important to note that this proposed change does not infringe upon the 2019 Florida Statute 163.045. The law prohibits a local government from requiring notice, approval, application, permit, fee, or mitigation for the pruning, trimming, or removal of a tree when a residential property owner obtains documentation from a certified arborist or a Florida -licensed landscape architect stating that the tree presents a danger to persons or property. In addition, a local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with the law. Submitted by: Abigail Holmes Attachments: City of Cape Canaveral P&Z Board Regular Meeting • February 26, 2025 Agenda Item # X Page 2of2 1. Proposed Amendment to the City's Land Development Code, Article II., Section 102-36. 2. Proposed Ordinance 3. Proof of Public Notice Community and Economic Development Staff recommend the Board take the following action: Recommend that City Council approve the Amendment to the City of Cape Canaveral Land Development Code, Article II., Section 102-36, to Reduce the Diameter and Clarify the Term "Specimen Tree" as Defined in the Tree Protection Ordinance. A roved b Director: Zacha Eichholz Date: _ARM 14, 2025 Subpart B - LAND DEVELOPMENT CODE Chapter 102 - VEGETATION ARTICLE II. TREE PROTECTION ARTICLE II. TREE PROTECTION DIVISION 1. GENERALLY Secs. 102-26-102-35. Reserved. DIVISION 2. LAND CLEARING1 Sec. 102-36. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Building official. The building official of the city and his or her designee. Caliper. Measurement of a tree 12 inches from soil level. Clear trunk means a measurement from the soil line to the point in the canopy where the trunk caliper begins to taper abruptly. On many palms, this point will lie at the base of the petiole of the third or fourth youngest but fully expanded leaf. Crown. The mass of branches, twigs and leaves at the top of a tree, with particular reference to its shape. Desirable species (trees/plants). Trees and plants adaptive to the climate and soil of the city and identified in section 102-52 of this division, as may be amended by the city council by ordinance or rule promulgated pursuant to section 102-51 of this division. Diameter at breast height (dbh) means the diameter of a trunk of a tree or the sum of the stems of a multistemmed tree, measured four and one-half feet above natural or finish grade. Diseased tree means a tree with a sustained or progressive impairment caused by tree disease which seriously compromises the viability of the tree in that it is unlikely the tree will remain living and viable for a period of more than three years or the tree causes other imminent peril to viable trees, existing structures or persons in the vicinity of the diseased tree. Any claim that a tree is diseased for purposes of obtaining a land -clearing permit pursuant to the requirements of this division shall be certified in writing by a licensed arborist or other qualified tree expert deemed acceptable by the city, and shall be considered by the city in issuing any such permit. Dripline means an imaginary vertical line running through the outermost portion of the tree crown extending to the ground. 'Editor's note(s)—Ord. No. 05-2005, § 2, adopted April 19, 2005, amended div. 2 in its entirety and enacted similar provisions as set out herein. The former div. 2 derived from Code 1981, §§ 657.01, 657.03, 657.05, 657.07, 657.09, 657.11, 657.13, 657.15, ch. 657, app. A; Ord., No. 28-94, §§ 3-5, adopted July 19, 1994; and Ord. No. 13-98, § 1, adopted March 17, 1998. Cross reference(s)—Solid waste, ch. 62. Cape Canaveral, Florida, Code of Ordinances (Supp. No. 34, Update 1) Created: 2025-02-11 13:12:19 [EST] Page 1 of 3 Hazardous tree means a tree existing on a developed parcel of land, where such parcel is not a redevelopment site, that is not dead or diseased, but due to its shape, location or growth pattern, which cannot be corrected by pruning, may cause or reasonably be expected to cause imminent damage to persons or property and/or presents an imminent potential threat to the health, safety, and welfare of the general public, as determined by the city arborist. Land clearing means the disturbance or removal of vegetation from any site, parcel or lot using backhoes, bulldozers, root rakes, or similar mechanical means which may kill or damage roots, branches, or trunks; provided, however, it does not include routine mowing, sod replacement, planting of landscape material, shrub pruning, and shrub removal, and tree trimming or pruning, which does not result in grade changes. Land clearing permit shall mean a permit issued by the building official under this division which authorizes land clearing and/or tree removal activities. Mangrove means any specimen of the species avicennia germinans (black mangrove), laguncularia racemosa (white mangrove) or rhizophora mangle (red mangrove). Native vegetation means plant material indigenous to the city, including all those species listed in but not limited to those in section 102-52. Person includes any individual, firm, corporation, partnership, joint venture association, principal, trustee, government, or any agent or representative thereof. Protected barrier. A polygon of two inches x four inches wide stakes spaced a maximum of eight feet from each other at the perimeter of the tree protection zone and which extend out of the ground at least 36 inches, with the top four inches marked by fluorescent orange paint or tape. Recognized knowledgeable person means a person recognized by the city as being knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturalist, landscape architect, licensed landscape contractor, certified nurseryman or person having similar recognizable skills and experience. Silviculture means a process, following acceptable forest -management principles, whereby the crops constituting forests are tended, harvested and reproduced. arSpecimeni Specimen tree means a tree having a caliper of6.8 11kinches or more in diameter. trees arill b... cf_osi rah#0 shall not include undesirable, dead, hazardous or diseased trees, or trees that are structurally unsound and cannot recover from pruning. Transplant means the act of relocating an existing tree upon the same lot. Tree means a woody or fibrous perennial plant with one or more upright limbs with a minimum dbh of four inches, or a sum of dbh of four inches for multistemmed trees and an average mature height of at least ten feet. Tree bank means that account maintained by the city as a repository for any funds collected and distributed pursuant to this chapter. Tree removal includes any act which physically removes the tree or its root system from the earth or causes a tree to die within a period of two years from the time of the act including, but not limited to, by cutting, girdling, relocating, interfering with the water supply, applying chemicals, regrading around the base of the tree trunk. Tree protection zone means the area located around the perimeter of the dripline of a tree in which no activity such as clearing, filling, excavating, storage of materials, parking of vehicles, or any other activity that in the opinion of the building official may damage the tree. At the discretion of the building official, the tree protection zone may be reduced for trees located on small lots in order to reasonably protect the tree and facilitate construction on said lot. (Supp. No. 34, Update 1) Created: 2025-02-11 13:12:16 [EST] Page 2 of 3 Tree replacement credit means the tree replacement credit offered to a person for replacing trees removed or destroyed in accordance with this division with desirable species. Undesirable species means any of the species identified in section 102-53. Understory means an underlying layer of low native vegetation usually associated with trees. Plants in the understory consist of a mixture of seedlings and saplings of canopy and palm trees together with understory shrubs (i.e. cabbage palms, palmettos). Vegetation means any plant material, including but not limited to trees, shrubs, vines, herbs and grasses. Viable means having the capacity to live and develop. (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 03-2007, § 2, 3-6-07; Ord. No. 12-2009, § 2, 1-5-10; Ord. No. 01-2014, § 2, 1-21-14; Ord. No. 01-2015, § 2, 1-20-15) (Supp. No. 34, Update 1) Created: 2025-02-11 13:12:18 [EST] Page 3 of 3 1 ORDINANCE NO. -2025 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA; AMENDING THE DEFINITION OF THE 5 TERM "SPECIMEN TREE" IN SECTION 102-36 OF THE CITY CODE 6 RELATED TO TREE PROTECTION; PROVIDING FOR THE REPEAL 7 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, 8 INCORPORATION INTO THE CODE, SEVERABILITY AND AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 12 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 13 law; and 14 15 WHEREAS, the City Council has adopted a Tree Protection Ordinance which is set forth in 16 Chapter 102, Article II of the City Code, and the Ordinance currently affords greater protection for 17 trees deemed a "specimen tree" with a caliper of 24 inches or more in diameter; and 18 19 WHEREAS, the Tree Protection Ordinance also defines desirable species of trees and 20 plants as those that are adaptive to the climate and soil of the City, and more specifically, as all 21 trees and plants listed in the current edition of the Florida Native Plant Society's list of Native 22 Plants, as applicable to the East Central Florida Region; and 23 24 WHEREAS, the City Council desires to amend the definition of "specimen tree" to afford 25 greater protection to trees with a caliper of 18 inches or more in diameter, and to clarify a 26 "specimen tree" must be a desirable tree species as that term is defined in the Tree Protection 27 Ordinance; and 28 29 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 30 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape 31 Canaveral, 32 33 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 34 ORDAINS, AS FOLLOWS: 35 36 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this 37 reference as legislative findings and the intent and purpose of the City Council of the City of Cape 38 Canaveral. 39 40 Section 2., Amending Section 102-36 of the City Code. The City of Cape Canaveral Code 41 of Ordinances, Section 102-36, is hereby amended as set forth below (yncterlined type indicates 42 additions and stfikeeut type indicates deletions, while *** indicate deletions from this Ordinance 43 of said Section 102-36 of the City Code which shall remain unchanged in the City Code): 44 45 Sec. 102-36. — Definitions. 46 City of Cape Canaveral Ordinance No. -2025 Page 1 of 3 1 *** 2 Specimen tree means a tree having a caliper of 2418 inches or more in diameter. Specimen trees 3 must be a desirable species and shall not include undesirable, dead, hazardous or diseased trees, 4 or trees that are structurally unsound and cannot recover from pruning. 5 6 *** 7 8 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 9 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 10 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 11 12 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape 13 Canaveral City Code and any section or paragraph, number or letter and any heading may be 14 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 15 like errors may be corrected and additions, alterations, and omissions, not affecting the 16 construction or meaning of this Ordinance and the City Code may be freely made. 17 18 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 19 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 20 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall 21 be deemed a separate, distinct and independent provision, and such holding shall not affect the 22 validity of the remaining portions of this Ordinance. 23 24 Sectiork6.. Effective Date. This Ordinance shall become effective immediately upon 25 adoption by the City Council of the City of Cape Canaveral, Florida. 26 27 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 28 of ................. 2025. 29 30 31 32 Wes Morrison, Mayor 33 34 35 36 ATTEST: For Against 37 38 Kim Davis 39 40 City Clerk Mickie Kellum 41 42 Kay Jackson 43 44 Wes Morrison 45 46 Don Willis City of Cape Canaveral Ordinance No. -2025 Page 2 of 3 1 2 First Reading: 3 Advertisement: 4 Second Reading: 5 6 Approved as to legal form and sufficiency 7 for the City of Cape Canaveral only by: 8 9 10 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No.-2025 Page 3 of 3 A D811228111 4/16/2025 CITY OF CAPE CANAVERAL NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Cape Canaveral Planning and Zoning Board will hold a public hearing regarding the following applications: Planning and Zoning Board Meeting 6:00 P.M., Wednesday, April 23, 2025, at City Hall, 100 Polk Avenue, Cape Canaveral, Florida. The Planning and Zoning Board will review and consider the following application: • Consider a Proposed Amendment to the City of Cape Canaveral Land Development Code, Article II., Section 102-36, to Reduce the Diame- ter and Clarify the Term "Specimen Tree" as Defined in the Tree Protec- tion Ordinance. The Planning and Zoning Board will make a recommendation to the City Council for final approval. The Planning and Zoning Board reserves the right to postpone or continue the Public Hearing on any of these applications at this meeting without further notice. The proposed applications may be inspected by interested parties during regular City business hours, Monday through Friday (8:30 am to 5:00 pm), at the City Clerk's Office located at 100 Polk Avenue, Cape Canaveral, Florida. For more infor- mation, call (321) 868-1220 extension 207. Interested parties may appear at the meeting and be heard with respect to the proposed applications. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office, 48 hours in advance of the meeting. The meet- ings listed above are public hear- ings. If you decide to appeal any decision made by the City Council with respect to any matter consid- ered at these meetings, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. 2/2