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HomeMy WebLinkAboutP & Z Board Packet 1-9-09LANNING & ZONING BOARD MEETING AGENDA CITY HALL ANNEX 111 POLK AVENUE JANUARY 14, 2009 7:00 P.M. Call to Order Roll Call NEW BUSINESS 1. Approval of Meeting Minutes: November 12, 2008. 2. ReComi�iendation to the City Council: Villagio Del Mar Final Replat - (Replat of Block 6, Lots 2 & 3, Avon by the Sea Subdivision (603, 605 & 607 Washington Avenue) - David Welsh, Applicant. 3. Recommendation to the City Council: Proposed Ordinance Amending Chapter 110, Section 110-30 of the Cape Canaveral Code of Ordinances, Related to Land Use Decisions; Amending Application and Hearinq Providing Procedures; Procedures for Handling Deficient Applications; and Setting Forth Specific Criteria and Time Frames for Processing Applications - Kate Latorre, Assistant City Attorney. OPEN DISCUSSION Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered 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. This meeting may include the attendance of one or more members of the tape Canaveral City Council, Board of Adjustment, Code Enforcement and/or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. 7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - Fax: (321) 868-1247 www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com Date: January 7, 2009 To: Planning and Zoning Board members From: Barry Brown, Planning and Zoning Director RE: January 14, 2009 P&Z Board Meeting Happy New Year and Go Gators! We have a fairly light agenda for the next meeting. The first item is a review of the Villagio del Mar final replat and a recommendation to the City Council This is a replat of two lots into three for the purpose of constructing townhomes. The property is located at the southeast corner of Ridgewood and Washington Avenues. The project has been constructed and it is beautiful; take a look before the meeting if you have an opportunity. The second item is an ordinance revising our code to streamline and expedite the application process by implementing more structured application review requirements. Specifically, it requires that applicants provide complete applications, including additional information requested by staff, within a reasonable period of time or the application will be deemed abandoned. It also requires that applicants attend public hearings and provides a procedure for requesting postponement of scheduled public hearings. Please call me at 321 868-1206 or email brown-cape(a)cfl.rr.com if you have questions or comment. PLANNING & ZONING BOARD MEETING MINUTES NOVEMBER 12, 2008 A Regular Meeting of the Planning & Zoning Board was held on November 12, 2008, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar RUUseil John Fredrickson Donald Dunn Harry Pearson John Johanson Ronald Friedman OTHERS PRESENT Kate Latorre Susan Chapman Barry Brown Chairperson Vi�^..e Chair peison 1 st Alternate 2nd Alternate Assistant City Attorney Board Secretary Planning & Development Director All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. Chairperson McNeely explained the ground rules of the meeting for the benefit of the audience. NEW BUSINESS Approval of Meeting Minutes: October 22, 2008. Motion by Harry Pearson, seconded by Lamar Russell, to approve the meeting minutes of October 22, 2008. Vote on the motion carried unanimously. 2. Recommendation to the Board of Adiustment Re: Special Exception Request No. 08-01 to Allow Outside Storage for Parking Recreational Vehicles, Trailers and Trailerable Items in the C-2 Zoning District pursuant to the Cape Canaveral Code of Ordinances Section 110- 383(c)(7), Legal Description: Township 24 South Range 37 East Section 23, All of Parcel 9 and a Portion of Parcel 24, Loma Linda Subdivision - (191 Center Street) - James Morris, Petitioner. V .Z 'ROL .�- Y Q Planning & Zoning Board Meeting Minutes November 12, 2008 Page 2 Barry Brown, Planning & Development Director, reported that the owner and applicant is MILS Realty LLC; this is a request for a Special Exception to allow for the storage of recreational vehicles, trailers, and Trailerable items in the C-2 zoning district; the subject property is depicted on the aerial contained in the Board packet; the property is located on Center Street; the subject property is a grass vacant lot, just east of Solana on the River Condominiums and west of the Tech Vest building; the zoning and future land use is C-2 commercial; the zoning to the i IoIi1 and east is C-2 commercial; to the south is C-1 commercial; and to the west is R-3 residential: the nrnnerty to the north is also outsircle fnrano nnA r r ! v uay a., ul lu the Brighthouse Networks building; to the east is a parking lot associated with the Tech Vest building; to the south is a mobile home park; to the west is Solana on the River Condominiums. He explained that the primary impact of this request is visual, especially the view from Solana on the River Condominiums, which were adjacent to and west of the property, therefore he was calling for a landscape buffer with a minimum eight foot Wirithto ha planted along the no-.,rL south ails west boundaries, in compliance with City code; the request would generate little traffic and emergency access would be provided to the south through the Tech Vest property. Lamar Russell inquired about the name of the applicant and property owner. Barry Brown responded that the applicant is whoever was authorized to represent and speak for the owner. He clarified that the applicant was James Morris, who was the authorized agent for MILS Realty LLC. Kate Latorre, Assistant City Attorney, pointed out that there was a notarized letter contained in the Board packet that authorized James Morris to represent MILS Realty LLC. Barry Brown read a list of proposed conditions as follows: 1) All vehicles, trailers, and trailerable items must be licensed, tagged, and operable. No maintenance or repair of stored items will be allowed on site. There will be no storage of any items not specifically allowed by Section 110-383 (c)(7), such as construction materials, etc. 2 N Screening material shall be applied from the top to the bottom of the North, East, and South fences; slats in fences were not allowed. A landscape buffer shall be provided along the North, South and West boundaries with a minimum depth of 8 ft. and landscaped per Section 110- 566. The landscaping shall be on the outside of the North and South fence. The North fence shall be moved back approximately 15 ft. to allow for landscaping a greater visibility when exiting the lot. The north gate shall be located approximately 30 ft. from the curb in order to allow for vehicles to get off the public right-of-way while opening and closing the gate. All landscaping shall be irrigated per City code. 3j The q-ninrinl Pvra nfinn chill nnnlxi fn the r i Irrnr,f ^AAIM, r of +k^ ,-+.. 1.. t vp.vv.....� v,✓a�v�� uNNIY Lv LI II' VUIIGIIL VVV1161 VI LI IG pro eILV OnIV. Planning & Zoning Board Meeting Minutes November 12, 2008 Page 3 4) Hours of operation: 7 a.m. to 6 p.m. 5) No one shall live on site. 6) If lighting is installed, bulbs shall be chrr%i ifinA so as +., dirca.-.+ light do,A,,,,.1-4 . ,,,.I v —1.-- .�.a w dile ,� IIy�II IAV VVIIVVQIU QIIU not allow for spillover to adjoining properties. 7) No parking over sanitary sewer manhole. 8) If a dumpster is provided, it must be fully enclosed in a masonry enclosure and landscaped. Gates must be operational. 9) Time limit - Given the historic failure of outdoor storage facilities to be properly maintained and remain in compliance, I recommend a time limit for the life of the Special Exception. 10) A site plan drawing "to scale" shall be submitted for review and approval by the Planning and Building departments prior to construction. Kate Latorre, Assistant City Attorney, advised that as a general principal, special exceptions and variances are thought to run with the land; and the use stays with the property unless the use becomes abandoned or otherwise lost pursuant to the City code. The City limited special exceptions to property or business owners in the past only under extenuating circumstances or a very unique situation. She advised that the Courts view this type of exception as running with the land, not owner to owner. She explained that as to issues of maintenance, the Board would need to place conditions of recommended approval so that any future owner that wishes to continue the use would be bound by the same conditions; impose the right conditions; rather than placing a time limit on the special exception. Discussion was held regarding adequate rubbish disposal; no plans for improvement for the center of the access road; depth of spaces not being adequate to accommodate recreation vehicles; access and parking plan showed that vehicles had to back in and back out. James Morris, Applicant, testified that that the entire parcel was approximately 80 ft. X 500 ft. long; part of the parcel was being used as a dry retention pond for the Tech Vest property, the property was an abandoned road at one time; the property has a sewer line running through the center of it, therefore they were limited as what type of improvements could be made; they were trying to off -set the property taxes by having an income without spending a lot of money on improving it, other than screening- there were no plans to add any impervious roadwav materials: since the cendominhims; did not allow outside storage the use would be a good compliment to that property. Planning & Zoning Board Meeting Minutes November 12, 2008 Page 4 James Morris, Applicant, continued to testify that the southern portion of the subject property, would be fenced across the back with a gate for emergency access to the front parking lot of the Tech Vest building, the rest of the parcel would remain as dry retention; the main ingress would be from Center Street; the landlord of this property would be looking down at the outside storage from their building. Barry Brows l verlfied that the fire department approved the emergency access plan. Discussion was held regarding the proposed parking plan. Discussion was held regarding the request conforming to City code Section 110-39 (c)(2). John Johanson read the code section and voiced his opinion that the request did not conform to that code section, because the submitted parking plan was not adequate to meet the code requirements, because of the way the spaces were laid out. John Johanson did not believe that grass was sufficient. Discussion followed regarding submittal requirements for applying for a special exception. Kate Latorre, Assistant City Attorney, read the section of the code for the Board. She verified that the application met those criteria. She read the code requirements for this type of special exception request. Lamar Russell questioned what the word obscured meant when you are looking down from a five -story building. Kate Latorre answered that obscured meant to prevent you from seeing it. Donald Dunn voiced his concern about oils and various kinds of fluid penetrating through the grass. He believed that the area should be paved. Barry Brown and Kate Latorre verified that for this type of use the code did not require the parking area to be paved. Doug Raymond, property owner at Solana on the River Condominiums, presented the Board a petition that was signed by several of the residents at Solana on the River. Mr. Raymond read the petition into the record as follows: "The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit, as well as, increase traffic and the possibility of crime related incidents in our neighborhood." The petition was handed to the Board Secretary and marked exhibit A. Chairperson McNeely stated that the Board was looking for competent substantial evidence, and even though the residents signed the petition, the Board was still looking for evidence. Doug Raymond advised that the residents appreciated what the City had done with the beautification of the City, specifically along Center Street, along with the park on the river, and throughout the City. They believed that this request was detrimental to that effort. Also, this meeting was the first time any of them had seen what the applicant was proposing to do, he believed that petting i ip a barrier only on the West side only blocks it from ground view from Solana on the River. All the residents live from 2nd floor up. He advised that anyone driving down Center Street could see through the fence on the east side and with no plans for a vegetative buffer, it would be an eyesore. ciy-_ l Planning & Zoning Board Meeting Minutes November 12, 2008 Page 5 Various residents advised that they would rather have a principal use allowed in the C-1 zoning district than an outside storage facility. Kate Latorre read the types of principal uses allowed and uses allowed by Special Exception in the C-2 zoning district. Discussion was held regarding whether the minimum requirements were met with this request; sufficient load bearing surface without compression on the sewer line; quality of life for residents utilizing the clubhouse and outdoor recreation facilit1Ss would be dramatically ror111r,ori if the request is �Ivu 1 I I, IAU %'%A 1 11 approved; environmental concerns regarding storm water runoff and seeping of fluids; the property receives stormwater runoff from the property to the east; assurance that the property would be maintained if it changed ownership; having a use that was enclosed would not constitute an eyesore; standing water on property after heavy rains; the parcel being too small to accommodate the number and size of vehicles as proposed; maintaining that the City remains a beachside residential community; and approving this request for Special Exception would decrease the residential property values. The Solana of the River Condominium President respectfully requested that the Board recommend denial of the Special Exception request. He also submitted a picture of the property to the North that the City recently granted a Special Exception for outside storage. The photo showed what the residents looked down onto from their units and porches. Kate Latorre asked Barry Brown for his professional opinion to verify, for the record, that the applicant properly demonstrated that the request in its scale and intensity was harmonious with the adjacent land uses_ He answered yes. She asked if the applicant demonstrated that the size and shape of the site, in regards to access of internal circulation, was adequate to accommodate its proposed use. He answered that he did not believe it had been demonstrated yet that it was adequate. She asked if the proposed use would have any impact on the environment, including: air, noise, pollution, vegetation, wildlife, open space, or flood hazards? He answered no, with the exception that the property receives stormwater runoff from the property to the east. The Board members reviewed and held discussion regarding the Special Exception application criteria worksheet; minimum criteria requirements in conformance with the City code; and environmental risk factors and hazards of chemicals, fuels, and fluids. The Board reviewed the City code and held discussion regarding compatibility criteria. Motion by Lamar Russell, seconded by Bea McNeely, to recommend to the Board of Adjustment that Special Exception Request No. 08-01, be denied based on the following: 1) The size of the property is not compatible with the proposed use. Internal circulation was not adequately addressed. 2) The proposed use is not harmonious with the adjacent use (Solana on the River Condominiums) - 3) Risk not adequately addressed. 4) Water retention issues were not adequately addressed. Donald Dunn left the meeting_ prior to the motion, therefore John Johanson. 1st Alternate voted. Vote on the motion carried unanimously. - Planning & Zoning Board Meeting Minutes November 12, 2008 Page 6 3. Recommendation to the Board of Adjustment Re: Special Exception Request No. 08-07 to Allow Outside Storage of Aggregates in the M-1 Zoning District pursuant to the Cape Canaveral Code of Ordinances Section 110-354 (c) (1) Legal Description: Township 24 South, Range 37 East Section 15 Parcels: 00- 00028, 00-00029, 00-00002, 00-00035 00-00031 and 00-00003 (245 Challenger Road) - Randall May, Representative for Ambassador Services Inc Petitioner. Barry Brown, Planning & Development Director, advised that Randall May, Applicant was requesting a Special Exception to allow for the outdoor storage of aggregates in the M-1 zoning district; the location of aggregate piles east of the southerly extension of Marlin Street, per the Development Agreement; the subject property was approximately 23 acres located south of George King Boulevard, and West of North Atlantic Avenue; the property was a commercial operation for the outdoor storage of aggregates, containers, etc.; it was identified by the Ambassador Services building and the conveyor that crossed over George King Boulevard; the Future Land Use and Zoning designation was M-1, Industrial; the surrounding zoning to the north was Port Canaveral, C-1 to the east, M-1 to the south and west; the surrounding uses were Port Canaveral to the north, vacant wooded parcel, Portside Villas Condominiums, and a trailer park to the east, AAAA Storage (bother indoor and outdoor storage) to the south, and vacant property and industrial uses at the Port to the west. He explained that the applicant operated a facility that was approved for the outdoor storage of aggregates, vehicles, containers, military cargo, and stevedoring gear. A conveyor system was also approved. The outdoor storage of aggregates was first approved in 2000. He further explained that Portside Villas was located adjacent to and along the southeast boundary of the subject property. Portside Villas was approved as a Special Exception in the C-1 zoning district on July 14, 2003. Over the years, complaints regarding dust, operation of equipment prior to 7:00 a.m., noise, and bright lights were received by the City. He noted that one of the goals of the Development Agreement, adopted in 2006, was to address these issues by calling for a 16 ft. high sight and sound barrier to be constructed along the boundary with residential development and to require aggregate to be stored west of the southerly extension of Marlin Street. A 16 ft. high wooden fence was constructed betIAI v.een the outdoor storage and Portside Villas, and aggregate was stored per the agreement. However, aggregate was currently being stored east of the Marlin Street extension in violation of the Development Agreement. He added that Mr. May was requesting the Special Exception in order to accommodate the current needs of his operation and bring the location of aggregate piles into compliance. If the Special Exception was approved by the Board of Adjustment, the Development Agreement would need to be amended and approved by the City Council. Planning & Zoning Board Meeting Minutes November 12, 2008 Page 7 Discussion was held regarding the binding Development Agreement. Jack Kirschenbaum; legal counsel for Randall May Applicant verifier-' that no written u � Applicant, � .. written notification was received that any code violation existed. Kate Latorre, Assistant City Attorney, verified that her office had not been contacted by anyone from the City regarding any default of the binding Development Agreement. Ms. Latorre asked the Board members that they limit their consideration to the testimony and evidence relevant to the criteria of the City code. Mr. Kirschenbaum advised that this request was for a Special Exception and was not a code enforcement hearing; there was no default called of the agreement; there were no violations the agreement; there were no notices of violation of the agreement. He advised that the request for the Special Exception was a very minor change to a series of Special Exceptions that were previously granted. He advised that this was industrial property; the northern portion of the property was located in Port Canaveral; it was consolidated under the binding Development Agreement under one ownership; the property is surrounded on the north, south, and west by other industrial property; only after the industrial uses began on the subject property did that adjacent property owner come before the Board and request a Special Exception to development residential use on property zoned commercial; Special Exceptions for the subject property were granted by the City in 2000, 2003, and 2005, then the binding Development Agreement in 2006; all of the Special Exceptions allowed for the industrial use of the property, including the outside storage of the aggregates, vehicles, containers, military cargo, and stevedoring gear; then a Special Exception was granted for the conveyor system. Mr. Kirschenbaum showed the Board members a site plan and explained that there would still be a 35 ft. setback from the bottom of the pile of aggregate to the 16 ft. wall. Discussion was held regarding alleged code enforcement violations. Mr. Kirschenbaum submitted to the Board that they only consider competent substantial evidence. He advised that an alleged complaint regarding noise, that the noise was not even on the subject property, it was in Port Canaveral. Randall May, Applicant, testified that the aggregate storage would give harmony to the residential area because it would act as a sound barrier, a better use of the property, and a much quieter operation than if he used the property to move and store cargo containers, which was a much noisier operation. Motion by Lamar Russell, seconded by Harry Pearson, to extend the meeting time until 10:25 p.m. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes November 12, 2008 Page 8 Brief discussion was held regarding noise and dust. Mr. May explained that the sprinkler system is continuously upgraded, as new sprinkler heads are available to extend the distance of water over the aggregate piles. St. Johns River LY/ater Management District approved a permit for a truck tire wash which was now being installed to cut down on the dust. He advised that the impact of that area would not change, because they did not plan to add product, only move it to a different location. The overall relocation of the aggregate was only approximately 140 ft. closer to the east, which was a very small scale of the entire operation and area. He noted that the aggregate piles do not exceed 38 ft., as per the Development Agreement. Brief discussion continued. Following discussion, the Board members agreed that the aggregate storage east of the southern portion of Marlin Street extension was a quieter operation than the currently approved shipping container storage; and the placement of aggregate substituted a quieter, more compatible use than container operations. Motion by John Johanson, seconded by John Fredrickson to recommend that the Board of Adjustment grant Special Exception Request No. 08-07, with the condition that the bottom of the aggregate pile be placed no closer than 35 ft. to the eastern buffer. Vote on the motion carried unanimously. OPEN DISCUSSION There being no further business the meeting was adjourned at 10:25 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary APPLICATION FOR PLAT REVIEW DATE OF SUBMITTAL: C (NOTE: SUBIVIITTAL MUST BE SUBMITTED A IlENI''VIUM OF 30 DAYS PRIOR TO THE PLAhfiT' G & ZONL'�tG NIEETING; PLAT MUST MEET THE REQLIREl"YIENTS OF SECTION 98-4I THROUGH 98-62). IS THIS A PRELaMgARY PLAT. RE -PLAT; OR.FNAT. PLAT') (ice 0 A.1IODiNT OF FILL, -G FEE PAID: S 31.50 AMOUNT OF- ENGINEERING DEPOSIT PAID: S z. - DID BR.EV4RD COLiNTY..GEOGRAPHIC.. RESEARCH_. DIVISION _-APPROVE -.THE REQUEST FORS STREET NAME, I APPLICABLE? (NOTE: TiMS FEEDS TO BE I)GNE-PRIOR TO SUBMITTAL). YES NO N.A. PROJECT NA -NM:- % 1 PROJECT ADDRESS: rl LEGAL. DESCRIPTION: S ; '� ZS -vw Ns `2- ?--j O t�� INER (S) NA_'tiIE: W3 DEV EL®P 37 SOOT MAPTON DRQ OWI'TR(S) ADDRESS: IN/DIALANTIC, PL 32903 PROJECT AR.CHITECTJENGENE' ER: C. PHO_v-E NO. OF ARC:HI.TECT!ENGIlN`EER:_ A-PPLICAINIT(S) SIGNATURE: ` O L TERJAGENT PHO -N7 SER OF owJAGENT:-I �7�{-r- ----- ---- ----- ---- - -- - ----- January 6, 2009 Mr. Barry Brown City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 RE: Final Plat Review — Villagio Del Mar — Review #1 SSA Job No: 05-0025, Task 052-1003 Dear Mr. Brown: SSA has reviewed the submitted final plat for the above referenced project. Based on our review, SSA recommends said plat for City approval. Please note a title opinion will be required at the time of recording. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. --Al� � - David Roy Jo s, PLS Chief Sury or DRJ:jls Cc: Susan L. Chapman City Engineer's Review Fee For Review #1— $500.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Enaineerina Fees for all reviews after 2,�d review will be billed at $95.00 per hour. STOTILER STAGG & ASSOCIATES ARCIITTECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. 0. Box 1630 Cape Canaveral Morida 32920 Tel 321-7831320 Fax 321-7837065 uajoan sottorivalcivil',projectslcape120091villagio del mar anal plat rei��&•tW0000329 #EB0000762 #LB0006700�i 3 City of Cape Canaveral Community Development Department 7510 N. Atlantic Avenue Cape Canaveral, FL 32920 (321)868-1206 Memo Date: January 6, 2009 To: City Manager, BenneLL Boucher jf Stottler Stagg & Assoc., John Pekar, City Engineer , ,t Public Works Dept., Jeff Ratliff, Assistant Director x CCVFD, John Cunningham, Assistant Chief Planning & Development Director, Barry Brows From: Susan Chapman, Administrative Assistant�'� Community Development Department Re: Villagio Del Mar - Final Replat Attached is a final replat for the Villagio Del Mar project. The preliminary replat for this project was approved by City Council on March 7, 2006. The project is now near completion and a sale on one of the units is pending. We are trying to expedite the approval of this final replat. Therefore, please review this final replat ASAP. In an effort to agenda this item for the next P & Z meeting on Wednesday, January 14th, we need your review comments by end of day tomorrow, Wednesday, January 7th. We appreciate your efforts in expediting this request. Please submit your comments or memo recommending approval via e-mail to me at: sha man-cape(a-)cfl.rr.com. Please let us know if the review timeframe will not work for you by calling either Barry or Susan @a 868-1206. Thanks, Susan MEMORANDUM TO: Susan Chapman Community Development Department FROM: Jeff Ratliff Stormwater Administrator City of Cape Canaveral 865-1240 DATE: 01/06/09 RE Final Replat Villagio dei ,Mar Public Works staff reviewed the final replat documentation for the referenced site and has no comments. Draft December 10, 2008 ORDINANCE NO. -2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE II OF CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO LAND USE DECISIONS; AMENDING APPLICATION AND HEARING PROCEDURES: PROVIDING PROCEDURES FOR HANDLING DEFICIENT APPLICATIONS; SETTING FORTH SPECIFIC CRITERIA AND TIME FRAMES FOR PROCESSING APPLICATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City processes land use applications for rezonings, variances, special exceptions and administrative appeals pursuant to the procedure set forth in Article II of Chapter 110, Toning, of the Cape Canaveral Code of Ordinances; and WHEREAS, once a land use application is submitted, the community has an interest in seeing the application processed and considered in an efficient and timely manner; and WHEREAS, the City desires to streamline and expedite the application process by implementing more structured application review requirements; and WHEREAS, the City Council believes that by requiring applicants to submit a sufficient and complete land use application to city staff within a certain time period, and by requiring city staff to schedule applications for public hearing in a timely and expedited fashion, the City will provide a more effective method by which applicants can have their land use applications determined; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: City of Cape Canaveral Ordinance No. _-2009 Page 1 Draft December 10, 2008 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeotrt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. it is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance. shall remain unC+gn a,,ll from the lnnmµaugnv existing prior to adoption -- this Ordinance): CHAPTER 110. ZONING ARTICLE II. PROCEDURE; LAND USE DECISIONS DIVISION I. GENERALLY Sec. 110-30. Staff review; application deficiencies. (a) The city staff shall be required to review all applications for rezonings, variances, special exceptions and administrative appeals, and make written recommendations to the applicable city board. b� In the event an application does not contain information reasonably necessary for staff to complete its review and recommendation to the applicable city board staff shall provide written notice to the applicant that the application is deficient The written notice shall specify the additional information necessary for staff to complete its review and recommendation on the application. If the applicant fails to cure the deficiencies within 30 calendar days of the date of the written notice the application shall be deemed abandoned and administratively denied on the basis of an incomplete application Upon written request of the applicant, the city manager may grant one (1) 30 -day extension of time for the applicant to cure the deficiencies provided the applicant demonstrates good cause for the extension. Extension requests shall be submitted to the city manager prior to the expiration of the initial 30 -day period. (1c) Upon completion of staff's review and written reconiiriendation on an application the application shall be scheduled for consideration by the1p anning and zoning board or board of adjustment, as_required by this article for a duly noticed public hearing at the City of Cape Canaveral Ordinance No. -?00Q Draft December,10, 2008 board's next available meetimL. UPOTI Completion of the written recontinctidation, City LI Lill-, VAN LUMIMIAZU Sec. 110-30.1. Attendance required at public hearings; postponement of hearing=s Lal Applicants shall be required to attend all public hearings required by this article to answer questions and to provide suppplemental Pviden^e and test;,, �t moi' t�t u V Lllll ull oil the a„ livable review criteria. Failure of an applicant to appear at the public hearings may be a basis for denial of an application where the board determines that the application on its face as well as any additional evidence and testimony presented during the public hearing; do not provide substantial competent evidence to support approving the application Applicants may request to postpone a scheduled public hearing on an application one (1) time. Said request shall be submitted in writing to the city manager prior to the scheduled hearing?. If postponed, the hearing shall be scheduled for the board's next available meeting and the applicant shall be responsible for the cost of any additional notices required by this article. . (c) During the course of a public hearing the board may, on its own motion or at the request of staff, an applicant or interested person table or postpone consideration of an application at any time for the following; reasons- To obtain additional information relevant to the application; La Because of time constraints; LL To afford interested parties an opportunity to testify and provide additional relevant evidence; For lack of quorum; For emergencies; ta To seek legal counsel; or M For any other circumstances in Furtherance of d'u'e process Section 3. Pending Land Use Applications. Any land use application subject to the City of Cade Canaveral Ordinance No. -2009 Page 3 Ph a,n t �� t Draft December 10, 2008 procedures set forth in Chapter 110, Article H of the Cape Canaveral City Code which is pending on the effective date of this Ordinance shall be subject to the provisions set forth herein. City staff shall provide written notice to applicants with deficient applications pursuant to the requirements of section 110-30(b), herein. Complete applications not yet scheduled for public hearing shall be scheduled for the next available hearing of the applicable reviewing board pursuant to section 110- 30(c), herein. Section 4. Repeal of Prior Ordinances and Resolutions. All „rinrinconsis-. r..�. ordinances and resolutions adnate b -the Cit=y Council -+--f'.__:,.,..._,a:__ , V .. .a �� �__ y .,u��� �,, ^vr paiL3 vi yiiui uiuutart%eS and YeSOlut1011S in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. 'This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading maybe changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2009. ATTEST: SUSAN STILLS, City Clerk Firs, Reade Legal Ad published: Second Reading: Approved as to legal fonn and sufficiency for the City of Cape Canaveral only: kNTHON Y A. GARGANF;SE, City Attorney ROCKY RANDELS, Mayor Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral t )rdinnneP Nn _2009 R1 a, e 4 For Against