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HomeMy WebLinkAboutDec. 10, 2008, LPA packetCall to Order Roll Call City a e Canaveral LOCAL PLANNING AGENCY MEETING AGENDA Zve 111 POLK AVENUE DECEMBER 10, 2008 7:00 P.M. NEW BUSINESS: 1. Approval of Meeting Minutes: February 27, 2008. Revj,pw and Recommendation to City v� #12'2008, Adopting the 5 -Year Improvements. Council Re: Ordinance Schedule of Capital t --__ bmv A Pursuant to Section 286.1015, F.B., the City hereby advises the public that if a person decides to appeal any decision made by the City Council 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. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement Board and/or Community Appearance Board F. 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 868-1222, 48 hours' k advance of the meeting. t f �f 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 LOCAL PLANNING AGENCY MEETING MINUTES FEBRUARY 27, 2008 A Regular Meeting of the Planning & Zoning Board was held on February 27 2008, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely John Fredrickson Donald Dunn Harry Pearson John Johanson Ronald Friedman MEMBERS ABSENT Lamar Russell OTHERS PRESENT Robert Hoog Shannon Roberts Kate Latorre Todd Peetz Susan Chapman NEW BUSINESS Chairperson 1 st Alternate 2nd Alternate Vice Chairperson Mayor Pro Tem Council Member Assistant City Attorney City Planner Board Secretary Approval of Meeting Minutes: January 11 2006 Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes of January 11, 2006. Vote on the motion carried unanimously. 2. Review and Recommendation to City Council Re: Ordinance #02-2008 Adopting a Small Scale Future Land Use Map Amendment by Changing the Future Land Use Map Designation of Certain Real Property Totaling 1.95 Acres More or Less Generally Located Along the North Side of Shorewood Drive at the Southwest Corner of Jetty Park, From R-3 Medium Density Residential to C-1 Low Density Commercial — Petitioner is Cape Caribe, Inc., Kohn Bennett Applicant Chairperson McNeely advised that the agenda item was quasi judicial and everyone who would be speaking needed to be sworn by Assistant City Attorney. All person giving testimony were sworn in by Kate Latorre, Assistant City Attorney rzuv i icy. W Local Planning Agency Meeting Minutes February 27, 2008 Page 2 Chairperson McNeely read the agenda item for the record. Todd Peetz, City Planner, explained that the City received an application from Cape Caribe to expand 1.2 acres from R-3 residential to C-1 commercial to use for parking and expand their water amenities. He advised that the remaining portion of the amendment was to fill-in what was previously shown on the Future Land Use Map as the proposed Ridgewood Avenue extension. He explained that Ridgewood Avenue was a proposed roadway extension and was not a City right of way, but exclusively owned by Cape Caribe. He noted that this amendment was for only that portion of the proposed Ridgewood Avenue extension that was located north of -Shorewood Drive. Therefore, the small scale comprehensive plan amendment was a total of 1.95 acres. Kohn Bennett and John Grandlich, Representatives of Cape Caribe, Inc. advised that the small scale comprehensive plan amendment and rezoning would allow them to expand their existing amenities and parking. He explained that future plans included: 5 acres directly north of Coastal Fuels for a passive park and three additional buildings, with the balconies facing North and West to act as a noise buffer. Their future plans included reducing density by omitting 54 rooms, which equaled 128 rooms less than what was allowed by the city code. They met with property owners and board members from Shorewood, Solana Shores, and Solana Lakes Associations. They had received favorable responses and feedback from the residents. Councilwoman Roberts advised that she had received favorable feedback from Solana Shores and Solana Lakes. Mr. Bennett advised that the expansion would be consistent with the existing character of the C-1 zoning area. They also plans to expand the liquor service and would be submitting for an expansion of the existing special exceptions; and the area would be limited to the use for recreation and parking only. Harry Pearson made a motion to recommend approval with a binding contract agreement to limit the use. Motion failed for lack of a second. Todd Peetz, City Planner, advised that the development agreement should be done at the time of site plan. Residents of Solana Shores voiced concerns and made comments including: the rezoning having significant differences between residential use and commercial use; proposing a water park instead of a residential timeshare was a significant change of use; complaints regarding the existing noise and music being too loud without the expansion; the expansion would adversely effect the residential properties; the City's Business and Cultural Development Board has recommended that their be no more special exceptions granted; the rezoning proposal would increase the existing noise level; when property owners call and rmmnlain Cana (--grihe tilrnc fha r',('iin rjnWri• nr�rJ �Hrir d r - r rte- �� I to - uvwt 1, and they are good neighbors. 0 Local Planning Agency Meeting Minutes February 27, 2008 Page 3 There was a letter submitted by a citizen in the audience that did not speak fluent English. The letter was entered into the record and read by Board member John Johanson. (The letter is attached and hereby made part of the record meeting minutes.) Mr. Bennett rebutted some of the comments. He explained that the property was not close to Solana Shores. He advised that one of the proposed buildings would act as a buffer, which was located at least 1,000 ft. away from any of the Solana Shores buildings. Thick vegetation would be planted to act as a noise buffer. He was surprised that a noise issue was brought up, because when they met -with -the -residents no-one complained about noise. Mr. Bennett and Mr. Grandlich agreed to look into the noise issue. Mr. Bennett advised that a band plays at the north end of the existing deck area from 11:00 a.m. — 3:00 p.m. on weekends. He stated that dispersing people over larger areas decreases the amount of noise. Todd Peetz advised that the City would verify heavy vegetative buffering during the site plan review. Motion by Harry Pearson, seconded by Bea McNeely, to recommend approval of Ordinance #02-2008, to City Council. Brief discussion followed. Vote on the motion carried unanimously. There being no further business the meeting was adjourned at 8:16 p.m. Bea McNeChairperson i Susan L. Chapman, Secretary 0 Date: December 10, 2008 To: Planning and Zoning Board members From: Barry Brown, Planning and Zoning Director RE: December 12, 2008 LPA Meeting The Planning and Zoning Board will be convening as the Local Planning Agency (LPA) this Wednesday evening. The sole purpose of the meeting is to review and recommend for adoption the 5 Year Schedule of Capital Improvements. Florida Statutes mandates that every year local governments update their Capital Improvements Element including the 5 Year Schedule of Capital Improvements. We are going to update the body of the Capital Improvements Element next year as part of the EAR based amendment process. However, we need to update the 5 Year Schedule of Capital Improvements at this time so that we can continue to amend our comprehensive plan. This is merely an administrative exercise, no policy direction is being proposed with this update. Our comprehensive plan establishes minimum level of service (los) standards for certain public facilities and services such as sanitary sewer, solid waste, drainage, potable water, parks and recreation, schools, and transportation. These adopted levels of service must be maintained into the future. In order to determine if we will continue to have capacity in these facilities in the future, population projections are prepared and a basic public facilities capacity analysis is performed. The LOS facilities for which the City is directly responsible: sanitary sewer, drainage, and parks and recreation, all show capacity through the five year planning timeframe. No capital improvement projects that would increase capacity are planned in the next five years as shown in the 5 Year Capital Plan of the 2008-09 City Budget. Potable water is supplied by the City of Cocoa and they are projected capacity through 2013. Brevard County provides for the disposal of solid waste and they also are projecting capacity through the planning timeframe. School construction falls under the purview of the Brevard County Public Schools and their School Facilities Construction Plan has been approved by DCA. All roads in the City for which minimum levels of service have been adopted are either County maintained or State roadways. The projections in our EAR, prepared in 2007, do not show any projected LOS issues. E An actual 5 year schedule of capital improvements has not been included in this packet, but will be available Wednesday. Please call me at the office 321 868-1223, cell 352 536-2738 or email brown- cape@cfl.rr.com or barrybrn@earthlink.net if you have questions or comment. City of Cape Canaveral, Florida Capital Improvements Element Annual Update to the 5 Year Schedule of Capital Improvements Public Facilities Capacity Analysis According to Florida Statute, each city is required to annually update its Capital Improvements Element and the Five Year Schedule of Capital Improvements. The City prepared its Evaluation and Appraisal Report (EAR) in 2007. Any proposed revisions to the Capital Improvements Element as identified in the EAR will be made in 2009 as part of the EAR based amendment submittals. However, the State requires that the 5 Year Schedule of Capital Improvements be updated at this time or we will not be able to amend our comp plan. In order to determine if capital improvements are necessary to maintain adopted levels of service, the following public facilities capacity analysis has been performed. Data and Analysis as provided in the EAR have been used in the preparation of this analysis. The City is directly responsible for the provision of sanitary sewer, stormwater/drainage, and parks and recreation. As demonstrated in this analysis, no facilities for which the City is responsible will experience a deficit in LOS during the five year timeframe of the Schedule. 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. Sanitary Sewer Adopted LOS is 118 gallons per person per day Capacity is 1,800,000 gallons per day 2008 ®13,294 x 118 = 1,568,692 gpd 2013 - 14,321 x 118 = 1,689,878 gpd No capacity issues are projected. Stormwater/Drainage All projects are required to meet SJRWMD standards for on-site water retention and treatment. Parks and Recreation Adopted LOS for Parks is 2 acres/1000 population Currently the City has 34 acres in Parks 2008 —13294/1000 = 13.29 * 2 = 26.6 acres to meet adopted LOS 2013 - 14321/1000 = 14.32 * 2 = 28.64 acres to meet adopted LOS ISI 10 diol of hof v 1i 0 ISSUCS U-41 C pr oJOCLOU fvr par kj. M Population Projections to 2013 City of Cape Canaveral, FL year full-time seasonal total 2005 10034 2509 12543 2006 10317 2579 12896 2007 10526 2632 13158 2008 10635 2659 13294 2009 10795 2699 13493 2010 10956 2739 13696 2011 11121 2780 13901 2012 11288 2822 14110 2013 11457 2864 14321 The City is projecting only modest gains in population over the next five 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, we are projecting a 1.5% annual growth rate, the same rate as the last two years. FLORIDA TODAY, Monday; December 8; 2008 41 LEGAI,S ao#t oobs2,, zroat2oos NOTICE OF PUBLIC HE3RINr. rionaa wm nold a Public Hear Ing ,for the. purpose of discuss= ing Ordinance No. 12-2008 in.; the City 'Hall Annex, III1 Polk Avenue, Cape. Canaveral, Flor- ida at ?7 P.M., -on Wednesday December; '10r, The. Ordl' nance may be Inspected in its entirety in the.City Clerk's of-, ` face during business hours (8:30 a.m. to, 5;00 -p.m., Monday -Fri- ;day), ORDINANCE, 12-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF - CAPE CANAVERAL, FLORIDA, ADOPTING THE FIVE (5),YEAR:CAPITAL IM- PROVEMENTS PROGRAM IN ACCORDANCE' WITH THE LOCAL;GOVERNMENT COM - TY,; AND AN EFFECTIVE DATE. Pursuant to Section 286.1015, Florida Statutes, the City here- by advises the public that: if a Person decides to appeal any decision`): made, by -the - City Council..• with respect': to any matter, : considered at this meeting,. that person will need a"record -: of the ornraarii- iurpurpose mat per - need to ensure that a `..record Of the pro is; made ':which re - ides 'the '' testimony nce`Upon which the 'o be based. This no- iot constitute consent J for the introduction ion into evidence of inadmissible or irrel- ence, nor, does it au- railenges -o, appeals rise allowed ;by law. ith disabilities need- nce fo .participate in Ming: - ncy, Y Me