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HomeMy WebLinkAboutApril 8, 2009 Local Planning Agency Meeting Packet• Date: April 2, 2009 To: Land Planning Agency/Planning and Zoning Board members From: Barry Brown, Planning and Zoning Director RE: April 8, 2009 LPA/P&Z Board Meeting The only item on the agenda is the continued review and discussion of the proposed sign ordinance revisions, Ordinance No. 05-2009. Todd Morley has been getting back "up to speed" on the ordinance and will attend the meeting to answer questions. In this packet are the minutes from the February 17 sign code workshop. Minutes from the February 25 sign code workshop are not available, but the pertinent points have been conveyed to Kate Latorre. Kate has also prepared a list of issues raised at our March 25th meeting; it is included in the packet. She has discussed them with Anthony Garganese and will be prepared to discuss them with the LPA. LOCAL PLANNING AGENCY MEETING MINUTES DECEMBER 10, 2008 A Local Planning Agency Meeting was held on December 10, 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. MEMBERS PRESENT Bea McNeely Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1st Alternate MEMBERS ABSENT Lamar Russell Vice Chairperson Ron Friedman 2nd Alternate OTHERS PRESENT Susan Chapman Board Secretary Barry Brown City Planner NEW BUSINESS: Approval of Meeting Minutes: February 27, 2008. Motion by Harry Pearson, seconded by Donald Dunn to approve the meeting minutes of February 27, 2008. Vote on the motion carried unanimously. — Review and Recommendation to City Council Re: Ordinance N0. 12-2008 Adopting the 5-Year—'Schedule of Capital Improvements. Barry Brown, Planning & Zoning Director, advised that the Planning & Zoning Board was convening as the Local Planning Agency. He explained that the sole purpose of the meeting was to review and recommend for adoption the 5 -Year Schedule of Capital Improvements. He noted that Florida Statutes mandates that every year local governments update their Capital Improvements Element, including the 5 -Year Schedule of Capital Improvements. He advised that next year the Board would be updating the Capital Improvements Element, as part of the Evaluation and Appraisal Report (EAR) based amendment process. However, at this time, the City needed to update the 5 -Year Schedule of Capital Improvements so that the City could continue to amend the Comprehensive Plan. He stated that this agenda item was merely an administrative exercise and no policy direction was being proposed with this update. He explained that the Comprehensive Plan establishes minimum level of service standards for certain public facilities and services; the adopted levels of service must be maintained into the future; population projections are prepared and basic public facilities capacity analysis performed to determine the future capacity of the facilities. Local Planning Agency Meeting Minutes December 10, 2008 Page 2 Mr. Brown advised that an actual 5 -Year Schedule of Capital Improvements was not included in the agenda packet, but it would be available the following Wednesday. He noted that he used the public facilities capacity analysis provided in the EAR in the preparation of the following analysis: The City is directly responsible for the provision of sanitary sewer, stormwater/drainage, parks and recreation. No facilities for which the City is responsible will experience a deficit in Level of Service Standards (LOS) during the 5 -year time frame of the Schedule. The City of Cocoa supplies potable water and Brevard County provides solid waste disposal. Both have capacity beyond the planning period. Public Schools are the responsibility of Brevard County Public Schools and their Capital Improvements Plan has been approved by the State. None of the roadways in the City are projected to exceed capacity. As per the Public Works Director, Sanitary Sewer has an adopted LOS of 118 gallons, per person, per day, the capacity is 1,800,000 gallons per day, and therefore, there is no capacity issues projected. Stormwater and Drainage: All projects are required to meet St. Johns River Water Management Districts (SJRWMD) standards for on-site water retention and treatment. Parks and Recreation: Adopted LOS for parks is 2 acres/2000 population. Currently, the City has 34 acres in parks, and therefore, there is no capacity issues projected for parks. Population Projections to 2013: The City is projected to only have modest gains in population over the next 5 -Years. Given the economic recession, credit crunch, over built condo market, and the number of units in foreclosure, residential construction has come to a halt. The economy is not predicted to start turning around until 2010 and even then, it will grow slowly and the demand for new housing will likely grow slowly as well. In addition, our area will be affected by the retirement of the space shuttle and the lack of space activity before the Constellation program is started. Therefore, the City is projecting a 1.5% annual growth rate (the same rate as the last two years.) Discussion was held regarding: roadway improvement projects; the County would include most of the improvements on N. Atlantic Avenue before the City would take it over; in the future, the City plans to widen, realign and repave Ridgewood Avenue; the realignment of A1A and Astronaut Boulevard is not in the Department of Transportations 5 -Year plan; adding turn and decel lanes at Portside Villas, Villages of Seaport, and Shorewood Condominiums; future water shortages, and Brevard County already obtains water from Orange County; future water options such as: raising rates, growing only Bahia grass, treat water from SJRWMD, treat ocean water by taking out the salt to make it drinkable, and reverse osmosis. Mr. Brown advised that he would get back to the Board regarding how commercial uses were factored into the gallons per day analysis for the sanitary sewer LOS. Mr. Brown also advised that a definition of open space would be added to the EAR. Mr. Brown reiterated that this agenda item was an administrative exercise required by the State of Florida. He respectfully requested that the Board make its recommendation to City Council this evening, because he was trying to schedule the first reading of the ordinance on the City Council's agenda for December 16th. Local Planning Agency Meeting Minutes December 10, 2008 Page 3 Chairperson McNeely announced that since the Board did not have a copy of the proposed ordinance, she felt she was being asked to sign a blank check. At 7:50 p.m. Chairperson McNeely advised that the Board was taking a five minute break so that Mr. Brown could go to his office and return with a copy of the proposed ordinance that he was asking the Board to recommend approval of for the Board's review. Mr. Brown returned with the proposed ordinance. Chairperson McNeely called the meeting back to order. The Board members reviewed the proposed ordinance. Discussion followed. Motion by John Fredrickson, seconded by Harry Pearson, to recommend approval of proposed Ordinance No. 12-2008, adopting the 5 -Year Schedule of Capital Improvements. Vote on the motion carried by majority with Bea McNeely voting against. Chairperson McNeely explained why she voted against the motion. She stated that she did not think the ordinance included enough information to show the State what the City was planning to do over the next five years. The Board members held a discussion regarding ongoing roadway improvements on A1A and Central Boulevard. There being no further business the meeting was adjourned at 8:00 p.m. Bea McNeely, Chairperson Susan L. Chapman, Board Secretary IUV-Uo1110 LVJ To: Cape Canaveral Local Planning Agency From: Kate Latorre, Assistant City Attorney 6PI-11 Subject: Sign Ordinance Comments from March 25, 2009 P&Z Meeting Date: March 31, 2009 During the Planning & Zoning Board meeting on March 25, 2009, the Board reviewed the current draft of the ordinance revising Chapter 94 of the City Code related to Signs (dated March 19, 2009) and raised the following issues: Definition of "Monument sign" (Page 5 of 28): A suggestion was made to amend this definition to specify that the ground mounted base of monument signs should be "substantially equal to or greater than 50% of the horizontal dimension of the sign face. . .." (The proposed definition does not include the bolded phrase.) 2. Definition of "Visibility triangle " (Page 7 of 28): A suggestion was made with regard to the graphic depicted under this definition to remove the word "proposal" from the graphic. Wall signs vs. Window signs: The Board discussed at length the relationship between section 94-4(6) (found on page 9 of 28), which exempts window signs from permitting under certain circumstances, and the wall sign provisions contained in Table 94-96-1 (found on page 24 of 28). The Board was advocating for adding window signs into the chart to be regulated the same way as wall signs. If window signs are included in the chart alongside wall signs, an inconsistency would be created with section 94-4(6), which exempts window signs from permitting altogether when they don't exceed 25% of the window area, whereas the Table uses a completely different formula to address :,tall signs (plus, wall signs still require permitting). Also, each term is distinctly defined in section 94-1. 4. Section 94-6(1) (Page 10 of 28): The Board wanted to remove the word "metal" from this subsection because pole signs may be constructed using various types of materials. Section 9=1-78(e) (Page 21 of 28): There was some debate as to whether the 7 -second display period for electronic signs was too long or too short. 6. Section 9=1-81(b) (Page 22 of 28): The Board thought that the 30 day maximum permit duration for temporary oil-preurtses signs piu-viueu in sec tion 74-81(b) way s -ppweu to be 15 days. Page 1 Brown, Garganese, Weiss & D'Agresta, P.A. + 1 I i N. Orange Ave.. + Suite 2000 + Orlando, Florida 32801 4 (407)426-9666 Phone + (407)426-9696 Fax 7. A question was raised as to whether it was determined during the sign code workshops whether a "sundown" or ameliorative period was to be incorporated into the ordinance giving property owners with noncompliant signs (due to the new ordinance) time to change their signs consistent with the requirements of the revised sign code. The Board was concerned that Building Official Todd Morley's list of ``desirables'' wasn't completely incorporated into the draft ordinance. That is, given Todd's absence from the final two sign code workshops, the Board was uncertain as to whether the items on Todd's list were addressed and/or decided upon during the workshops. An issue was also raised regarding whether there would be a provision in the ordinance to address properties that cannot accommodate legal monument signs given nonconforming characteristics on certain properties. In cases where setbacks, for example, prevent a legally conforming monument sign; one Board member thought he recalled that pole signs would be permitted. A similar exception is permitted by section 94-78 with regard to electronic signs, but not for any kind of sign. There was a thought that a variance provision would be In added to the ordinance to address L111S issue. Page 2 Brotim, Garganese, Weiss & D'Agresta, P.A. ♦ 111 N. Orange Ave.. 1 Suite 2000 4 Orlando: Florida 32801 ♦ (407)=126-9666 Phone ♦ (407)425-9596 Fax NOTICE OF PUBLIC HEARING A Public Hearing of the City of Cape Canaveral Local Planning Agency will be held on Wednesday, April 8, 2009 at 7:00 p.m., City Hall Annex at 111 Polk Avenue, Cape Canaveral, Florida. The Local Planning Agency will take public comment and make recommendations to the City Council regarding whether to adopt Ordinance 05-2009, amending Chapter 94, Signs, of the Cape Canaveral Code of Ordinances. ORDINANCE NO. 05-2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW CHAPTER 94, SIGNS, OF THE CODE OF ORDINANCES; PROVIDING FOR THE PURPOSE AND SCOPE OF THE CHAPTER, DEFINITIONS, THE REGULATION OF TEMPORARY SIGNS, SIGN APPLICATION, PERMIT, INSPECTION PROCEDURES, ZONING DISTRICT RESTRICTIONS, SIZE, TYPE AND PLACEMENT REQUIREMENTS; PROVIDING FOR ENFORCEMENT REGULATIONS; PROVIDING A STATEMENT OF VIEW POINT NEUTRAL INTENT RELATIVE TO MESSAGES ON SIGNS; PROVIDING FOR OTHER MISCELLANEOUS AMENDMENTS; AMENDING APPENDIX B SCHEDULE OF FEES RELATED TO SIGN PERMIT FEES; MAKING CONFORMING AMENDMENTS TO THE CITY CODE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. Copies of this ordinance are available for public inspection at City Hall. All persons wishing to be heard should appear in person at these hearings or send written comments to the City Clerk. All persons and parties are hereby advised that if they should decide to appeal any decision made by the City with respect to any matter considered at the public meeting or hearing described in this notice, they will need a record of the proceedings, and for such purpose, said person or party 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 (Chapter 286, Florida Statutes). In compliance with the Americans with Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the City Clerk at (321) 868-1221 at least 48 hours in advance of this meeting. Barry Brown City Planner CITY COUNCIL WORKSHOP MEETING WITH THE PLANNING AND ZONING BOARD CITY HALL ANNEX I I I Polk Avenue, Cape Canaveral, Florida TUESDAY February 17, 2009 5:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to order at 5:29 P.M. Council Members Present: Mayor Pro Tem Bob Hoag Council Member Buzz Petsos (arrived 5:31 p.m.) Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh (arrived 5:58 p.m.) Planning and Zoning Board Members Present: Chairperson Beatrice McNeely Lamar Russell (arrived 5:31 p.m.) Donald Dunn Dr. John Fredrickson Ronald Friedman Harry Pearson John Johanson Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese Acting Building Official Dennis Clements Planning & Dev. Director Barry Brown Assistant Public Works Director Jeff Ratliff DISCUSSION: I. Discussion Re: Proposed Revisions to the Sign Code — Draft 02-05-2009. The City Manager, Bennett Boucher, clarified for Mayor Randels that this is the final working draft of the Sign Code and directed Council to go page by page starting with Page 1. He requested that the City Council and the Planning and Zoning Board make City of Cape Canaveral, Florida City Council & P&Z Workshop Sign Code February 17, 2009 Page 2 of 3 note of any major sticking points that might have been overlooked before sending the document to the Local Planning Agency. Mayor Randels apologized to resident and volunteer, Joyce Hamilton, for not recognizing her contribution of a $100 Savings Bond to a participant at the Student Art Show on February 7. Discussion took place on the following: • Inquiry was made about the minutes from the last Sign Code workshop and products anticipated from staff. Attorney Garganese confirmed that all of the comments that were accumulated over previous workshops were incorporated in to this draft. He stated that it was possible some things might have been missed along the way. • Attorney Garganese brought out that he would have preferred a more form based code with more depictions as this would allow the City Council to approve certain signs that they like and do not like in a form based type code. He said this could be worked on at a later date and it would have the force of law. Mayor Randels read the fourth recital on Page 1 of the draft: "the goals of this ordinance are content neutral and unrelated to the suppression of free expression" and explained that the goal is to basically look at the sign location, zoning, etc... Starting with Page 1 of 28 of the draft, Mayor Randels asked the group for input: • A suggestion was made to streamline the recitals to avoid redundancy. Attorney Garganese stressed the importance of the recitals to uphold the law when an ordinance gets challenged in court. He specified that the court will look at the legitimate government purpose and the rational behind the ordinance, especially when they involve constitutional issues. • Sec. 94-1 Definitions: Discussion took place regarding a possible duplication of definitions for Above Roof Signs on page 2 and Roof Signs on page 6. It was also mentioned the words "eave ol" should have been struck from the definition for Above Roof Signs. Mr. Boucher stated these issues would be double checked. • On Page 3, Council agreed to add a new word under Definitions for Digital Electronic Signs with see Electronic Signs as a reference. • Council agreed to add the word "messaging" between the words Electronic signs on Page 3 under Definitions. • On Page 3, Council agreed to add the words "brick pavers" to the list of examples included in the definition of Edge of pavement. • An editorial request was made of the City Attorney to be consistent when using numerals and words by adding the number in parenthesis after the word (ex. five (5)) through out the ordinance. City of Cape Canaveral, Florida City Council & P&Z Workshop Sign Code February 17, 2009 Page 3 of 3 • On Page 4, Council agreed to edit the definition of Hazardous sign to read "which constitutes a vehicular and/or pedestrian hazard or a detriment to traffic safety" • On Page 5, discussion took place on the possibility of adding a definition for municipal directional signs after Monument signs. Attorney Garganese pointed out a barrier that other cities have had. He explained that in the case that came out of the Eleventh Circuit Court of Appeals back in 2005, Solantic, LLC v City of Neptune Beach, The City of Neptune Beach had many exemptions in their code and the court found that the code was unconstitutional as content based. Attorney Garganese stressed that trying to implement the practical concern of municipal signs is extremely difficult from a legal perspective. Attorney Garganese responded to Ms. Roberts that traffic control signs, which include directional signage, are in that ordinance and are permitted within the right-of- ways by the Florida Department of Transportation. Council agreed to have the definition written into the code. • On Page 5, it was questioned why political and non-profit signs were not mentioned under the On-site or on premises sign definition. Attorney Garganese stated that it was his opinion, citing the appeal he just read, that to include these signs would be a recipe to have the ordinance declared invalid. Obscene sign, however, should be included because it is not constitutionally protected speech. • On Page 7, Council agreed to remove the words "and primarily intended for vehicular movement" from the definition of Street right-of-way. • On Page 7, clarification of the definition of Visibility triangle was requested. Mr. Russell of the Planning and Loning Board suggested that everyone read the chapter in his book on easements and right-of-ways. Mr. Boucher announced that an E-mail invitation would be sent to coordinate another workshop for the last week of February. 14WOURNMENT: There being no further business, the meeting adjourned at 6:50 P.M. R M' Goforth, Re rding Secretary