HomeMy WebLinkAboutMarch 12, 2008 - P & Z Board PacketNEW BUSINESS
Citv of Cave Canaver
JG & ZONING BOARD REGULAR MEETING
CITY HALL ANNEX
111 POLK AVENUE
MARCH 12, 2008
AGENDA
7:30 P.M.
1. Approval of Meeting Minutes:
z
a
February 27, 2008.
2.� Review and Recommendation to City Council Re: Proposed
# Ordinance Amending Section 22-40, Clarifying which Properties are
Subject to Community Appearance Board Review.
01%
3 view and Recommendation to City Council Re: Proposed Code
Amendment, Section 110-28, Courtesy Notices. 1.-4 0 ,
�`- �� lir 3 �
OLD BUSINESS °i
L
1 . Discussion Re: Mixed Use Districts.
OPEN DISCUSSION
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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 Cape Canaveral City Council, Board
of Adjustment, Code Enforcement and/or Community Appearance Board who i
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'
116
orl%fnnr•o of fhn moofinri
105 Polk Avenue • Post Office Box 326 - Cape Canaveral, FL 32920-03266
Telephone: (321) 868-1222 • SUNCC)M: 982-1222 • FAX. (321) 868-1247
ww-w.myflorida.com/cape ® emaiI: ccapecanaveral@cfl.rr.com
PLANNING & ZONING BOARD
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 8:21 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
1. Approval of Meeting Minutes: February 13, 2008.
Donald Dunn asked that a sentence be added to page 4, paragraph 4 of the
minutes. Motion by Chairperson McNeely, seconded by Harry Pearson to
approve the meeting minutes of February 13, 2008, with the minor addition
requested by Donald Dunn. Vote on the motion carried unanimously.
2. Review and Recommendation to Citv Council Re: Ordinance #03-2008
Changing the Zoning Map Designation of Certain Real Property Totaling
6.24 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.
Planning & Zoning Board
Meeting Minutes
February 27, 2008
Page 2
Todd Peetz, City Planner, commented that this item followed the LPA agenda,
item #1 regarding Ordinance #02-2008, which was recommended to the City
Council held immediately before this meeting. He advised that this request also
incorporated a `fixing of an error' in the latest version of the zoning map.
Motion by John Johanson, seconded by John Fredrickson, to recommend
approval of Ordinance #03-2008, with the condition that the use of the property
be limited to parking and recreation amenities that already exist at Cape Caribe;
and the Assistant City Attorney to update the proposed ordinance with the correct
acreage.
3. Discussion & Recommendation to City Council Re: Suggestions on how
to Implement Increasing Building Height.
Todd Peetz, City Planner, presented an exhibit of a shadow study he created for
the area around Astronaut Boulevard and West Central Boulevard. The exhibit
showed shadows of various building heights at different time intervals and at
different times of the year. Brief discussion followed. Mr. Peetz recommended a
distance separation be established between commercial and residential uses.
He showed exhibits of suggested separation distances. He suggested that the
distance separation should be greater than 200 ft. from the residential zone to
allow height higher than 45 ft., and a separation distance of 500 ft. for 65 ft.
height. Discussion followed regarding concerns of heavy traffic on A1A. Todd
Peetz presented an example of a code amendment, to amend Sections 110-336
(Cl Area and Dimensions) and 110-385 (C2 Area and Dimensions), regarding
properties directly abutting the A1A corridor increasing their building height with
separation from existing residential use.
The Board members voiced their frustration that they were not expected to vote
on whether a height increase was appropriate and/or if they should recommend
to the City Council that a referendum should be done.
Discussion was held regarding traffic impact of the proposed Sheldon Cove
project. Todd Peetz advised that the project would need to go through the site
plan process, which would include Traffic Concurrency. The Board members
requested that they be provided a copy of the most recent traffic reconciliation.
Chairperson McNeely spoke regarding special exceptions for residential use in
the commercial zoning district. She stated that if the City was going to change
something, then just change it. She advised that she was against special
exceptions.
Planning & Zoning Board
Meeting Minutes
February 27, 2008
Page 3
Harry Pearson agreed with Chairperson McNeely that it should be done by an
ordinance change. He advised that 65 ft. may not be high enough. He noted
that the City had a previous proposed project that requested 75 ft. He requested
that the City Attorney make the change in the ordinance. He stated that the City
go back to the residents with a referendum. Todd Peetz responded that it was
the City Council's decision as to how it should be done. Donald Dunn reiterated
that the City Council wants to handle the referendum issue.
Kate Latorre, Assistant City Attorney, explained that a special exception would
allow certain criteria and the City could impose limitations on a case by case
basis. John Johanson commented that he liked what Todd Peetz suggested on
what he had presented to change the code allowing increased height. Todd
Peetz added that they could add supplemental design criteria. Kate Latorre
suggested that they could create an overlay.
Donald Dunn voiced his concerns regarding ingress, egress, and traffic impact
that would be created with the proposed Sheldon Cove project. He questioned
how the project would impact other future developments. Todd Peetz explained
that height should be limited to keep within the harmony of what was existing.
He explained that the higher the building the more intensive impact the project
creates. Todd Morley, Building Official, explained the Concurrency Management
process. He explained that all technical requirements, including traffic
concurrency, would need to be met regardless. He further explained that traffic
can be mitigated. He provided a copy of the DOT year -2030 plan, and stated
that eventually A1A would be widened to six lanes. He explained to the Board
members that this agenda item was not about whether the Board was for or
against increasing height, it was about if height was increased, how it would be
implemented.
A resident voiced his opinion that Todd Peetz had the right idea. He commented
that maybe the City could purchase Carver's Cove Trailer Village to build a
passive park to decrease the traffic counts.
Chairperson McNeely stated that the City Council can make up their own minds.
Harry Pearson strongly recommended the issue go to the voters as a
referendum. Chairperson McNeely and Donald Dunn agreed with Harry
Pearson.
Planning & Zoning Board
Meeting Minutes
February 27, 2008
Page 4
Motion made by Donald Dunn, seconded by John Fredrickson, to have the City
Attorney prepare a code amendment to allow building height to be increased to
65 ft. or more. Discussion followed. Todd Peetz explained floor area ratios. He
explained that if height is limited, the City can manage it. Harry Pearson asked
why they were only focusing on distance from residential. He questioned why
they were not considering distance requirements from commercial, because a
higher building would easily overshadow another building. Todd Peetz advised
that the agenda item was only to discuss property along the A1A corridor.
Motion failed by a (3) to (2) vote against the motion, with members voting as
follows: Donald Dunn, for; John Fredrickson, for; John Johanson, against; Bea
McNeely, against; Harry Pearson, against.
Motion by Bea McNeely, seconded by Harry Pearson, to hold a referendum and
ask the voters if they wanted to maintain the maximum allowable height at 45 ft.
A lengthy discussion followed. Following discussion, Bea McNeely withdrew her
motion, Harry Pearson agreed.
Motion by John Johanson to recommend Todd Peetz' presented suggestions,
with the change that the 65 ft. height be limited to five stories. There being no
second, the motion failed. A lengthy discussion followed. Ronald Friedman
reiterated his statement from the last meeting that the City Council was voted in
by the residents to handle tough decisions. Discussion continued.
Councilwoman Shannon Roberts advised that City Council was looking for
professional research advice and options from the Board. Harry Pearson
rebutted that the City Council should make a decision on whether or not they
want to increase height before sending the issue to the Planning & Zoning Board.
Motion by Donald Dunn, seconded by John Fredrickson, that the Board
recommend to City Council that building height in C-1 and C-2 zoning districts,
be increased to 65 ft., limited to five stories, by changing the City code. Vote on
the motion carried by a (3) to (2) majority vote, with members voting as follows:
Donald Dunn, for; John Fredrickson, for; John Johanson, for; Bea McNeely,
against; and Harry Pearson, against.
Mr. Mays thanked the Planning & Zoning Board and City Council for all their
discussions.
Planning & Zoning Board
Meeting Minutes
February 27, 2008
Page 5
OLD BUSINESS
1. Discussion Re: Mixed Use Districts.
Todd Peetz, City Planner, advised that he may have someone available to speak
to the Board from the Florida Redevelopment Peer to Peer Assistance Program
at the next meeting.
The Board members requested that this agenda item be placed on the next
meeting agenda.___
2. Discussion Re: Section 98, Article ll, Platting.
Todd Peetz, City Planner, explained that this discussion item was a result of
questions arising from the Residence Inn out parcels. He advised that research
of the code has revealed that the preliminary and final plat processes were
inconsistent. He stated that staff was working on an ordinance and it would be
ready to be presented to the Board at the next meeting.
The Board members requested that this agenda item be placed on the next
meeting agenda.
OPEN DISCUSSION
Councilwoman Shannon Roberts advised that the City purchasing Carvers Cove
to mitigate traffic may be an option.
John Johanson requested that the Board members receive a copy of the most
recent traffic report. Todd Morley, Building Official, responded that the Building
department would get a copy of the City's most recent traffic reconciliation report,
and would forward a copy of it to the Board for their next meeting.
There being no further business the meeting was adjourned at 9:58 p.m.
Bea McNeely, Chairperson
Susan L. Chapman, Secretary
Meetin e: , o taf ? ,
Ad' e t
Meeting Date: 3/12/08
AGENDA REPORT
BOARD OF ADJUSTMENT
THE CITY OF CAPE CANAVERAL
AGENDA
Heading
Review and Recommend
Item
When Section 22-40 was created there was an unintended problem with the current wording. When Ordinance
No.
2
SUBJECT: Review and Recommendation to City Council Re: Proposed Ordinance Amending Section 22-
40, Clarifying which Properties are Subject to Community Appearance Board Review.
DEPT./DIVISION: Building Department
Requested Action:
Review and recommend to City Council proposed ordinance Section 22-40, Clarifying which properties are
subject to Community Appearance Board (CAB) Review.
Summary Explanation & Background:
When Section 22-40 was created there was an unintended problem with the current wording. When Ordinance
04-2003 was written the intent was to require CAB approval for any change of exterior building and roof colors
within the C-1, C-2 and M-1 zoning districts. While that was accomplished, the ordinance has had the
unintended effect of appearing to remove all residential development form the scope of the CAB. This gives the
appearance that only C-1, C-2 and M-1 projects are reviewed by the CAB. When the change of Color issues
was discussed and codified in 2003 this was not the intent.
The solution being recommended is to insert the words "in all zoning districts" in the first sentence of Section
22-40(a) as attached in the exhibit.
Exhibits Attached:
#1 Building Official Memo 12/19/07, #2 Proposed Draft Ordinance.
City Planner's Office
Department
C��
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M IN 0
Date: December 19 2007
To: Bea McNeely, Planning and Zoning Chairperson
From: Todd Morley, Building Off iciTl
RE: Ordinance revision - Sec 22
At my request, the City Attorney's office has produced the attached revision to City code Sec. 22-40 as
it relates to the Community Appearance Board. It is created to resolve an unintended problem with the
current wording
The problem: Ord. 04-2003 was written with the intent to require CAB approval for any change of
exterior building and roof colors within the C-1, C-2, and M-1 zoning districts.
While that was accomplished, the ordinance has had the unintended effect of appearing to remove all
residential development from the scope of the CAB. This gives the appearance that only C- 1, C-2 and
M-1 projects are reviewed by the board (see attached draft). When the `change of color' issue was
discussed and codified in 2003 this was not the intent.
The solution: By inserting the words "in all zoning districts" in the first sentence, the intent is
preserved.
Sec. 22-40. Approval prerequisite for permits.
(a) Without exception, all plans, elevations, proposed signs for buildings or structures in all zoning di rIcts and
exterior building and roof colors within the C-1, C-2, and M-1 zoning districts, or alterations thereto, sliall be
approved by the community appearance board, or by the city council under limited circumstances provided in
this article, before a permit is issued for any building, structure, sign or other development of property, of
appurtenances or alterations thereto, which have an exterior visual impact or effect on the community.
ORDINANCE NO. -2008
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 22, COMMUNITY
DEVELOPMENT, OF THE CITY CODE RELATED TO
COMMUNITY APPEARANCE REVIEW; AMENDING
SECTION 2240 TO CLARIFY WHICH PROPERTIES ARE
SUBJECT TO COMMUNITY APPEARANCE BOARD
REVIEW PRIOR TO ANY BUILDING PERMIT BEING
ISSUED; 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 VHL of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, Article III of Chapter 22 of the City Code sets forth a comprehensive
community appearance review procedure in furtherance of preserving and improving the City's
aesthetic appearance, beauty and character, so as to ultimately enhance the qualify of life and civic
pride of all people who reside, work, vacation, or spend time in the City; and
WHEREAS, on February 18, 2003, the City Council adopted Ordinance 04-2003 amending
section 22-40 of the City Code to require that any changes to exterior building or roof colors in only
the C-1, C-2 or M-1 zoning districts be subject to community appearance review; and
WHEREAS, section 22-40 requires further amendment in order to clarify that development
of property infill of the City's zoning districts, except changes to exterior building or roof colors in
zoning districts other than C-1, C-2 and M-1, is subject to Community Appearance Board review
before a permit is issued for any building, structure, sign or other development of said property, or
appurtenances or alterations thereto; 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:
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.
City of Cape Canaveral
Ordinance No. _-2008
Page 1 of 3
Section 2. Code Amendment. Chapter 22, Community Development, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type
indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Chapter 22. It is intended that the text in Chapter 22 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
CHAPTER 22. COMMUNITY DEVELOPMENT
ARTICLE H. COMMUNITY APPEARANCE REVIEW
Sec. 2240. Approval prerequisite for permits.
(a) Without exception, all plans, elevations, proposed signs for buildings or structures in all
zoning districts, or anv alterations thereto, and exterior building and roof colors within the
C-1, C-2, and M-1 zoning districts, or alterations thereto, shall be approved by the
community appearance board, or by the city council under limited circumstances provided
in this article, before a permit is issued for any building, structure, sign or other development
of property, or appurtenances or alterations thereto, which have an exterior visual impact or
effect on the community.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. 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 may be
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 5. 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 6. Effective Date. This Ordinance shall become effective immediately upon
City of Cape Canaveral
Ordinance No. _-2008
Page 2 of 3
Uq
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
2008.
ROCKY RANDELS, Mayor
ATTEST:
For
Bob Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
SUSAN STILLS, City Clerk
C. Shannon Roberts
Fust Reading;
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only.
ANTHONY A, GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. _-2008
Page 3 of 3
day of
Against
too
r
/fanning & Zoning Board
Meeting Minutes
October 9, 2002
Page 2
Mr. Schoenfeld agreed that as an alternate member he would attend the meetings, learn
the regulations, and be involved in the discussions. Mr. Schoenfeld voiced his opinion
that the city did a poor job advising the residents about the Shorewood/Solana projects.
The Board members responded that the meetings were published in the newspaper, the
project was approved by both the city, state & other regulatory agencies; and the meetin
minutes and are posted on the city's website and are posted and available at City Hall. g
Following a brief discussion, Mr. Fredrickson moved to recommend that Mr. Schoenfeld
be appointed to the Board. Motion was seconded by Ms. Shea -King. -Vote on the motion
carried unanimously.
DISCUSSION
Discussion Re: Proposed Ordinance Changes to Reflect Continuitv for Small
Proiects.
The Board members questioned what the reasoning was behind this request. Building
Official, Morris Reid advised that he was instructed by the City Manager to bring s to
thi
the Board and did the best he could with the information provided. Vice Chairperson
Russell advised that the Building Official should not be interpreting for a Council
Member.
Motion by Mr. Fredrickson, seconded by Mr. Russell to table this discussion item until
Councilman Morgan could be present to explain his request.
unanimously. Vote on the motion carried
2. Discussion Re: Notices for Special Exceptions/Variances/Rezoning.
City Attorney, Anthony Garganese advised that the City Council requested that the Board
reconsider this request for notifications to property owners within a 500 ft. radius of a
request for special exceptions, variances and rezonings. City Council requested a
Proposed ordinance to require that notices to property owners be sent by certified
returned receipt advising that the request will be considered for recommendation by the
Planning & Zoning Board on a specific date. He advised that the costs would be the
responsibility of the applicant. Discussion followed.
Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend that the city
attorney draft a proposed ordinance to City Council that includes that the city staff obtain
the property owners list and labels from Brevard County mapping office; all owners
within a 500 ft. radius of the property boundaries shall be notified by certified mail of the
Planning & Zoning Board meeting that the request will be considered by the Board for
recommendation; and the applicant shall pay all costs and expenses incurred by the city
staff. Vote on the motion carried unanimously.
(01
zI ee4-g
- g B of
Adj s e
Meeting Date: 3/12/08
AGENDA REPORT
BOARD OF ADJUSTMENT
THE CITY OF CAPE CANAVERAL
AGENDA
Heading
Review and Recommend
Item
Building Official conducted an informal survey of other local governments to evaluate how they provide
No.
3
SUBJECT: Review and Recommendation to City Council Re: Proposed Code Amendment,
Section 110-28, Courtesy Notices
DEPT./DIVISION: Building Department
Requested Action:
Review and recommend to City Council proposed code amendment Section 110-28 courtesy notices.
Summary Explanation & Background:
Currently all courtesy notices go out certified mail which is both expensive and time consuming to prepare. The
Building Official conducted an informal survey of other local governments to evaluate how they provide
courtesy notices to residents. A memo is attached that describes and illustrates those results. The conclusion is
that the current method is the most expensive method with more than 20% of the owners not receiving the
courtesy notice. The conclusion of going with a less expensive mailing process would be cheaper, less time
consuming and may reach more owners.
The proposed change to the ordinance is to allow courtesy notices to be processed by regular mail or post cards.
Exhibits Attached:
#1 Building Official Memo 12/2708, #2 Proposed Draft Ordinance, #3 Survey Results.
City Planner's Office
Department
Memo t-'$ z
Date: Decemder 27, Z007
To: Bea McNeely, Planning and Zoning Board Chairperson
From: Todd Morley, Building Official
RE: Proposed code amendment - ` urtesy notices
I conducted an email survey of Brevard County municipalities asking:
When your.jurisdiction sends out _oning-related notices to affected properly mi -hers, is it by
A: post cora
B: regular maul, or
C; certified moil?
The results of the survey indicate that only thvo other Cities require all zoning mailouts to be via certified mail.
Most use regular mail.
I request that P&Z consider a code amendment allowing regular mail and/or postcards as courtesy- notification
for residents withi-ri the 500 ft, radius of an affected property. This would not change the requirement to send a
certified notification to the applicant.
Benefits:
• Less expense to the applicant.
• Less staff time monitoring the return receipts_ and
• It may increase citizen participation. Some citizens may not receive certified mailings because thea-
may not be at home while the post office attempts delivery. Consequently. they Nvill be left a notice
requesting that theN retrieve the certified mailing from the post office during normal business hours.
Because sone citizens may not be available during those hours, they may not pick up the mailing. With
a post card or aregular mailing. there maN be a greater likelihood that the eourtesrnotice will end up in
their hand with little effort on their part.
I informed P&Z at the December 12`h meeting that this will be an upcoming issue.
If it meets with the P&Z Board's approval it can be forwarded to Council as a recommendation
Dt5Q
A proposed code amendment regarding
Courtesy notices
-Todd Morley, Building Official
December 1-t. 2007
ARTICLE I. IN GENERAL
Sec. 110-1. Definitions.
The following words, terms and phrases, when used -in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates.a different meaning:
C'our•tesy notice means a notice of a public hearing, not required by lacy, mailed at the citz's discretion
to property- owners within 500 feet of property- which is the subject of the public hearing. Courtesy notices may
consist of regular mail or postcards.
Sec. 110-28, Due process; special notice requirements.
(a) All applicants shall be afforded minimal due process as required by law. including the right to receive
notice, be heard, present evidence, crass -examine witnesses. and be represented by a dull- authorized
representative.
(b) In addition to ani• notice requirements provided by state law, all public hearings under this article shall be
publicly noticed for at least ten calendar days prior to the date of the hearing. Said notice shall include the
address of the subject property-, matter to be considered and the time. date and place of the hearing. The notice
shall be posted in the following manner:
(1) Posting the affected property.
(2) Posting at city hall.
(3) Notifying, by eertifred mail, all owners of real property (including homeowner's and condominium
associations) adjacent to and within 500 feet of the subject property.
(4) Notifying, by certified mail, the owner(s) of the subject property- for which the application is being made.
The notice requirements set forth in subsections (1), (2), and (3) above are hereby deemed to be courtesy
notices. The failure to provide such courtesy notices shall not be a basis of appealing any decision made under
this chapter.
(e) When any proposed zoning district boundan- change, variance, or special exception lies within 500 feet of
the boundan- of any property under another government's jurisdiction, notice shall be forwarded to the
governing body of the appropriate government authority- in order to afford such bode an opportunity- to appear at
the hearing and express its opinion on the effect of said proposed district boundan- change, variance or special
exception.
(Ord. No. I1-2005. § 2, 6-21-03)
Jurisdiction
Comment
Brevard County
"Post cards."
Cocoa
"It usually is certified."
Cocoa Beach
lar mail. Saves a little money and satisfies the code."
Indialantic
No response.
Indian Harbour
Beach
"Certified, regular mail."
Malabar.
ar mail,_
Melbourne
"We use regular mail - our City Code specifically references these as
courtesy notices."
Melbourne Beach
No once.
Melbourne Village
No response.
Palm Bay
"Regular mail. However, we are currently exploring the idea of post cards for
several reasons."
Palm Shores
"Regular Mail."
Rockledge
"Regular letters. The letters contain more information than the P/C and tends to
cut down on the phone calls to City Hall by curious citizens. All three choices
are legal with the certified mail being the most expensive."
Satellite Beach
"Regular Mail."
Titusville
`Bright orange postcards."
West Melbourne
"We send it by both regular and certified mail depending on the issue."
Summary:
Postcards 2 of 12 (17%)
Regular mail 7 of 12 (58%)
Certified mail 2 of 12 (17%)
Depends on issue I of 12 (8%)
105 folk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.cornkape • email: ccapecanaveral@cfl.rr.com
City of Cape Canaveral
Recent history of undelivered certified courtesy notices
-Todd Morley, Building Official
The four most recent zoning applications for which courtesy notices were mailed:
Name
# of certified
#_of undelivered return
Percentage- -
mailings 6'
receipts
undelivered
$5.93/ea.
Kabboord's Vehicle
84
15
17.86%
rental facility
($498.12)
($88.95)
Yogi's alcohol
85
14
16.47%
Iicense
$504.05
$83.02
Beach Auto
253
58
22.92%
vehicle repair
($1,500.29)
($343.94)
facility expansion
Ice Man
441
102
23.12%
ice vending building
($2615.13)
($604.86)
Tota(
863 $5,117.59
189 $1,120.77
21.9%
Summary.-
Approximately
ummary:Approximately 22% of the notices do not make it into the hands of the property owner.
0
Meeting Type: Planning &
Zoning Board Meeting
Meeting Date: 3/12/08
AGENDA
Headi
Discussion
ng
continuation of a previous meeting about location(s), height, density, intensity, open space, traffic, pedestrian
Item
Attached are recent/current news articles discussing mixed use districts in the State of Florida.
No.
City Planner's Office
AGENDA REPORT
PLANNING AND ZONING BOARD
THE CITY OF CAPE CANAVERAL
SUBJECT: Discussion: Continued Discussion on Mixed Use Districts.
DEPT./DMSION: Building Department
Requested Action:
Discussion to provide staff direction pertaining to mixed use districts.
Summary Explanation & Background:
The Planning and Zoning Board on several occasions have discussed the mixed use development. This is a
continuation of a previous meeting about location(s), height, density, intensity, open space, traffic, pedestrian
access, types of uses, appearance and any other issues that are important to the Planning and Zoning Board.
Attached are recent/current news articles discussing mixed use districts in the State of Florida.
Exhibits Attached: ECFRPC comments on the City's EAR Transmittal, Recent News Articles about Mixed Use.
City Planner's Office
Department: Building Department
Litigation follows developer dreams - South Florida Business
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Litigation follows developer dreams
Africa Israel's Lev Leviev takes control of Leviev Boymelgreen properties and headaches
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Debra Rosen stormed into the office of
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Mixed land use, Boymelgreep to get her $148,000 deposit
Florida" back.
She cursed and screamed, after
Panther: get oK rQ months of getting the run-around, until
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shelved, its Vitri condo project on South Beach is on hold construction,Sponsored
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In contrast, the developer entered South Florida in 2004 with splashy front-page news'
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Fcbnnry 29, 2008
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E1114-21 story � Pmt article � headlines by a -trail `�y subsmb* now! "4ii-4.story Moos ok
mixed-use, neo -traditional type of
Local Newsi
development."
Samuels & Associates controls 22 commercial and
The Bay Bulletin
The Breeze
Pastures may get urban makeover
"
The Press
occurred at West Melbourne City Hall. Private
Doppler Loop ,
The Star Advocate
The Sun
BYRICKNEALE
half, Reynai said.
The Times
FLORIDA TODAY
Real Estate
The. Tribune
ADVERTISEMENT
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Watchdog '
WEST MELBOURNE -A Boston developer
self a home
He Column
Help( column
Photo Galleries
of "urban villa es" willose Town Centre
g prop ..�
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at West Melbourne, a 280 -acre retail and
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housing community at the southwest comer of R �"
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By 2019, what is now cattle pasture may
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space, 1,410 housing units and 475,000 square
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hotel rooms, parks, ponds and urban plazas
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also are planned.
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Dating
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Because of the development's size, the East NOUN=•n..�+�a.e.
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Florida Regional Planning Council in rtarta,.w.
a Harr+crit` .
Maitland' must grant approval. The developer, +a+�
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Samuels & Associates, submitted a pre- ,
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application with the agency Feb. 1. A reply is
Local Course$.
pending. 1
City Manager David Reynai described the
proposal as West Melbourne's "watershed
project." -
Enlan7e this imaae
WEB EXTRAS
"It's something that's different and unique to
Brevard County,"Reynal said. "It is a true
http:y/www sam,eism.com
mixed-use, neo -traditional type of
About the developer
development."
Samuels & Associates controls 22 commercial and
residential properties in Massachusetts, New York and
Little public discussion about Town Centre has
Connecticut. In September, 2006, the corporation opened
Trilogy In Boston. Clocking in at i million square feet --
occurred at West Melbourne City Hall. Private
the size of Melbourne Square mall -- this $225 million
talks have been ongoing for about a year and a
project included a host of retail tenants and 576 housing
units inside 17-, 15- and 12 -story towers.
half, Reynai said.
The cost of the project has not been disclosed.
Tom Bloch, a partner at Samuels & Associates, said it was premature to release specifics
"Our hope is, with the input from the various (governmental) agencies, we can create
something special there," Bloch said.
The pastoral Town Centre site is bound' by two rarely traveled roads, Simon and Hayfield.
Lined with barbed wire fences, both dirt lanes meander past cows and tracts of palmetto prairie
and rangeland brush.
This unincorporated region along U.S. 192 west of the interstate lacks municipal water and
sewer lines -- the reason the land remains undeveloped.
In all likelihood, the developer will annex into West Melbourne and receive water service from
nearby Melbourne. West Melbourne will provide wastewater service, which could trigger
http://www.floridatoday. comlappslpbcs. dlllarticle?AID=120080229INE WS0' l /8022903 5611... 3/4/2008
Pastures may get urban makeover I floridatoday.com I Serving Brevard County and Florid... Page 2 of 2
expansion of the city's sewer plant or construction of anew plant west of the interstate, Reynal
said.
"I like the fact that they are expanding west Of I-95 --away from the center of town," Mayor
Hal Rose said. "From what I have been shown so far, the development seems like a quality
project."
Bloch said West Melbourne is a city on the rise.
"We just think the growth is going to come there — up from the south and over from Orlando,"
he said. "We will be moving through the process in a timely fashion."
Samuels & Associates has partnered on Town Centre with New Urban Group LLC, a Boca
Raton firm. Steve Dworkin, New Urban Group's registered agent, declined to comment.
The site plan is West Melbourne's second "development of regional impact" that requires East
Central Florida Regional Planning Council approval. The other is Hammock Landing, a 78 -
acre shopping center under construction at Interstate 95 and Palm Bay Road.
Town Centre may be bisected by the St. Johns Heritage Parkway, the future 40 -mile, north -
south highway connecting Ellis Road in Melbourne with Malabar Road in Palm Bay.
Contact Neale at 242-3638 or rnealena, floridatodgy.com.
STORYCHAT Post a Comment 4�0 view Au comments
Build the roads before building stores and houses.�W — w _ __...._._....._..._
For years more through roads have been needed on the west side of Palm Bay and West
Melbourne. the argument was the farmers and speculators refused to give up their land. now that
they found a price to their liking let's get some Infrastructure before clogging It up with more
stores and housing developments.
Posted by: Pace on Sat Mar 01, 2008 3:46 pm
I live in the home area right off Brandywine Lane. We don't need all this additional traffic and
i homes!! Enough is enough.
There are so many empty stores and homes now.
i Why would anyone even think coops guess they didn't ... LOL) about adding more? '
f
Dumb Dumb and Dumber......
i Posted by: cats061480 on Sat Mar 01, 2008 3:09 pm
<i Post a Comment YJ.Q.Yi_Ali.�Qt7]m€n��
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Make Royal Poinciana district pedestrian friendly, say Palm Beach
charrette participants
Session yields Ideas, from creating more vias to preserving the theater or building a new one
IlClick-2-Usten
By WfLLIAM KELLY
theater in town. B were divided over whether the Royal
Poinciana Playhouse should be preserved for that use, or a new
and smaller theater should be built. Many said they want to open
up the plaza's waterfront for a park or public vista, which
presumably would mean razing the Playhouse.
The charrette was put together by the town and its consultant, the kesldcolls, M—cnant" Officj,36 a.10 `,,Odi�q
Jesipars hull mundipble d,scusstons , ea -n
Treasure Coast Regional Planning Council. A team of cnrnpnsec ofAboit -lo 10 15 uc—c!e a.rj lei b,
professionals provided by Treasure Coast led 12 groups of rrNesselals provided b� the Trlf_a5Lre',7cast
roundtable discussions, each consisting of 10 to 15 people. Reglwaj pla,-ng cotnc��
Nisberg said the discussion at his table focused on *how to create an environment conducive to making
people feel comfortable enough to shop, visit and ponder the public areas.*
Resident Matt Smith found the tenor at his table "chaotic at first, but enjoyable.*
His group's discussion zeroed in on the plaza, which members said is run down and has lost As appeal as a
http://www.pahnbeachdailynews.com/news/content/newsiNEWpoincianaO224.htm] 3/4/2008
Make Royal Poinciana district pedestrian friendly, say Palm Beach charrette participants Page 2 of 3
retail attraction
'The consensus was to open up the center of the plaza with outdoor cafes that will bring the public back in,
and bring retail back," Smith said.
The Royal Poinciana Playhouse, dark since 2004, was an emotional topic at many tables. The town has so far
blocked plaza and Playhouse owner Sidney Spiegers attempts to raze the theater and build condominiums on
the high-profile waterfront site.
'The consensus was that we want a theater, but it was mixed on whether it had to be that theater," Smith
said.
But Smith and Jeff Cloninger, who sat at another table, both said they were not sure if resident participants
were realistic about the limited influence they have over private -property uses within the study area.
'I'm wondering if this is all academic, because we don't own the property and it will not be taken by eminent
domain," Cloninger said.
Cloningees group included Tom Testa, owner of Testa's restaurant, and Spiegel. Both have proposed major
redevelopment of their properties.
Testa said town zoning rules must be changed to allow greater density and mixed uses to restore some of
Royal Poinciana Ways economic vitality.
"The street's been in decline for 25 years," Testa said. 'Retail business has been replaced with offices.
Pedestrian traffic has dropped."
Spiegel reasserted his longstanding opinion that the town should grant a zoning change that would allow
residential development on the 12 -acre plaza property.
He would not discuss last week's announcement that he is turning over control of the plaza to an investment
group on April 1.
At the end of the discussion session, a representative of each table presented its ideas to the entire charrette
The most frequently cited suggestion was to link the Lake Trait, which is divided by Bradley Park, the Flagler
Bridge, Royal Poinciana Plaza and Palm Beach Towers. Participants said the trail should be joined beneath
the Palm Beach landing of the new Flagier Memorial Bridge, which the Florida Department of Transportation
plans to begin building in 2011 or 2012.
"We should bring the Lake Trail to the waterfront and under the bridge, and give the waterfront back to public
use," said Ervin Duggan, president of The Society of the Four Arts.
William Diamond said his group wanted mixed uses and an urban planning approach that would lure more
pedestrians to the area. "We want an urban plan, not a suburban plan that puts cars over pedestrian use" he
said. "We want more density and more public use of the stores."
Other frequent suggestions were to keep a service station in the northern part of town, but not necessarily on
Royal Poinciana Way; to build a parking garage disguised as a building to blend with its surroundings; move
the Publix Supermarket closer to Bradley Place, and relocate store parking behind the store; and add
landscaping and ornamental features to encourage greater public use of Bradley Park.
Several town officials said they did not see a representative of The Breakers at the charrette, even though the
hoters Planned Unit Development, or PUD, is within the study boundaries. The Breakers has town permission
to construct 251 residential units on the south side of Royal Poinciana Way, where there is a parking lot.
One roundtable group said it would like the residential units to be built on a "human scale" with pedestrian
access to fit the character of the street.
The Treasure Coast team will draw on the input this week while devising a conceptual draft plan at a design
studio at 201 Chilean Ave. The public is invited to drop in.
The draft will be presented to the public from 4 to 6 p.m. Friday at The Breakers' Ponce de Leon Ballroom.
That will be followed by weeks of refinement and presentation to the Town Council as early as April 11.
Dana Little, urban design director for Treasure Coast, told participants at the beginning of the charrette that
change is inevitable. But he said that, even if people wanted no changes at all, they should realize that the
town's zoning code allows redevelopment very different from how the street and area appears today. The
"vision" plan Treasure Coast will present to the council can trigger zoning changes to shape future
development to fit the public's wishes, he said.
The plan Treasure Coast will develop will provide a visual planning component not present in the town's
zoning code or comprehensive land -use plan, he said.
The charrette will "become written reconnaissance for us as we start our work this week" Little said.
http://www.pahnbeachdailynews.com/news/content/news/NE WpoincianaO224. html 3/4/2008
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'.. C 13a(r UsN k5, 'til-r2x.
l
a•a•r+. lea
Charlotte Sun
Henry Street land swap on the move
11i it rJA I TIM
ZM_# .. ."it,`
: tMa tew+.,•ax,
(Last updated: February 21, 2005 5:54 PM)
+
t
By STEVE REILLY
a r.. s -
Staff Writer !' a • r
PUNTA GORDA — Southwest Developers Inc. and
city officials are ready to make the Henry Street land
,
- Tr
swap a reality. ASSOCIAiP& '.
In December, the City Council approved swapping a As,v ofAft in information Tey
SEARCH
16.47 -acre property on Henry and Shreve streets for a @Rp�DEGi mt
• Newspaper Ads
of Saa ce n Buss�ess ip�r�a�pmart
19 -acre property at Southwest Developers' industrial =61f=119=
Science pQSnhet 7 lktirirla4 retort
Advertisers Directory
park near the Charlotte County Airport Bachelor of
*,,t
Bachelor :Bachelor if Science h ��1N,�&.h,� ar �rsfr,shpn
• News Archives
Southwest Developers — Rick Treworgy and Bruce MASTER'S DECREES
• Past Editions
s xe of Erssfriess AdtOt fairt4idt
Laishley —plan to develop amixed-use project on the M ro,�rx of Arts h �t ,r.�sx-n
NEWS
Henry site They also agreed to enhance the parks `A,,q a of Frtoifttetipn , ° �
• Top Stories
and other public amenities on the property.
Charlotte News
As originally g' ty proposed, the conceptual plan calls for deed -restricted single-family residences along Henry
Englewood News
Street Along West Olympia Avenue and Maud Street will be office buildings like those across the street. The
a
• North Port News
center of the property will be a mixed-use development.
DeSoto News
The city will then rebuild its Public Works and Utilities facilities that were destroyed by Hurricane Charley in
4=• a
Venice News
2004 at the industrial, park.
• Community Calendar
• Health
Assistant City Manager Kathleen Dailey presented the council Wednesday with a timeline that suggested the
+'
entire project could take up to May 2010 to complete.
• '.
Police Beat
'.
Obituaries
"At this time, there are several tasks that could speed up or slow down this timeline, particularly concerning
Florida Lottery
state approvals of land density,' Dailey wrote in her report to the council.
ENTERTAINMENT;
Sunblog
The first big step is for the city to convince the Florida Department of Community Affairs to allow more units
on the property.
• Movie Listings,.*.;;r..
•TV Listings
Theroe
p p rtY is now designated for public use. City Chief Planner Joan LeBeau said the city's
* * •.� ;6
• Puzzles & Games
comprehensive plan, which is being revised, does not identify mixed-use projects in its future land uses, so
SPORTS
the city will redesignate the property for professional -office use.
• Sports News
"It's a large-scale (comprehensive) plan amendment," LeBeau said. The process begins Monday with a
• Area Golf Guide
review by the city's advisory Planning Commission before it is sent to Tallahassee for DCA reviews.
BUSINESS
Business News
The plan is for a zoning maximum of 160 residential units on the property, but LeBeau said the reality will
• Business &Finance
probably be fewer units. DCA officials are sensitive to increasing the densities of properties wow-
ens tiithin low-lying
coastal areas like Punta Gorda, but LeBeau said the DCA has allowed it as Tong as life additional density
OPINION
doesn't impede hurricane evacuation. The mixed-use project, she said, shouldn't have any major impacts.
Columnists
k
Editorial & Letters
Besides the question of DCA approvals, the city will be addressing federal and state permitting issues due to
a
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Submit Letter to Editor
the active eagles' nest on West Marion Avenue, which is adjacent to the property now used by Public Works
facilities
7 144
• Reader's Poo
a
CLASSIFIEDS
In 2005, city staff suggested 17 acres of the Henry Street property was developable and might be suited as a
Search Classifieds
neighborhood mixed-use center of retail stores and residential units, especially since the property acts as a
• Submit Classified Ad
gateway into Punta Gorda Isles,
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The idea's appeal also stemmed from an expected financial shortfall to replace the damaged structures. After
• Feeling Fit
Charley, the city's Insurance will provide only $1.76 million for the project, and the Federal Emergency
Management Agency is expected contribute $972,000 for the rebuilding. City officials estimate S6 million or
• Let's Go
more will be needed to complete the project.
• Waterlines
Weekfy Record
City Manager Howard Kunik suggested Wednesday the city might list it as a sales tax project — if Charlotte
County voters would approve an extension of the county's existing 1 -percent infrastructure sales tax, which
http://www.sun-herald.com/breakingnews.cfm?id=4829
3/4/2008
http://www.sun-herald.com/break-ingiiews.cfm?id=4829 3/4/2008
City considers new fee to boost affordable -housing options -- OrlandoSentinel.com Page I of 4
OflandoSenifinel.com
March 4, 2608.
-win or rec;iS,K
JinusL50 tot 7 dals!
City considers new fee to boost affordable
housing options
classifiedSMark Schlueb I Sentinel Staff Writer
PlaCi, an All' February 6, 2008
Jobs
Cary
Real Estate With foreclosures up and prices still so high that police officers
~Article tools
Builder Shocase and teachers have trouble buying a home in Orlando, city leaders EI F__m;jL)
apartments are thinking about charging developers a new fee to raise money
Items for sale for affordable housing. Print
Pets
ser"ces If Orlando adopts the fee, it apparently would be only the second
P
nOt"'ol city in Florida to do so, joining Winter Park. which embraced the
Dafin{y PersonalsText size.
idea 18 years ago.
"Making sure residents can afford quality housing is very
important to us," Orlando Mayor BuddyDyer said Tuesday.
"Housing has gotten out of reach for many people, even in the middle class, like police
officers, firefighters and teachers."
Here is how it would work:
Related links Developers of office buildings,
restaurants, shopping centers, and
Weather Housing stories and features other commercial and industrial
News projects would pay the so-called
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"linkage fee" based on project size
when they apply for a building
permit. The money would go into a
fund used to bring down the cost of
building homes earmarked for low-
income buyers.
Orlando officials plan to conduct a
study during the next few months to
figure out how much the fee should
be, and developers are sure to
weigh in.
Winter Park charges 60 cents per
square foot on all new construction,
renovations and additions, including
residential property. So, the fee
adds $1,000 to the cost of a 2,OGO-
square-foot house.
"Winter Park had zero affordable -
housing units constructed when the
Topics (Beta)
fee was adopted." Winter Park
planning director Jeff Briggs said.
Slogs
columnists
Related News from the Web The fee now brings in about
$600,000 a year, and with an
increase in thevideos per -square -foot rate,
• Home has raised $2.5 million so far,
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Winter Park has used the money to
Shopping
buy 36 lots for Habitat for Humanity and the Hannibal Square Community Land Trust,
help build mixed -income apartments. and pay for renovations of a subsidized apartment
Resources
building for the elderly
stiq
GO Air,, on PtIon,
Linkage fees haven't spread in Florida.
et ass secs
They're most common in California. New Jersey and Massachusetts, where they vary
Con;aa. u,widely,
from a low of cents per square foot for one type of development in
Sacramento to a high of $19,89 in San Francisco,
liaao, Elowds
It's an attractive idea to officials in Orlando, where property -tax cuts and a slumping
economy mean there's not much left for affordable -housing projects
o.e as
You really need resources to make changes. and our resources are declining," housing
director Lelia Allen said.
Newspaper services
http://www.orlandosentinel.con-i/business/orl-mhousingO6O8febO6,0,529923 3. story 3/4/2008
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Accent Mixed-use gains ground
Acadian, Moms Lifestyle complexes drawing consumers nationwide
Bob Moser
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Weddings & Lisa NICK,
Engagements The Arizona Republic
opinion Lafayette has been considered a trendsetter in Traditional Neighborhood
BlogsQ Zoom Photo
Developments, with the success of River Ranch spawning more projects. The
TALK BACK: City -Parish Council even passed a special TND code in December that makes
Doone Forums it easier for these developments to be built 1
p
Obituaries
Video But the mixed-use trend is also evolving nationwide, as lifestyle complexes are t t .••
DATA CENTRAL drawing more and more interest from homebuyers. f3
Columnists "There Is some definite ADVERTISEMENT ��\ �r"s^,
Public service movement around the # \
count to let le v r " �.
Legais
country) people v \ y rT;, re -., •' ,. .
know all the advantages,"
NIE Lesson Library said Mary Jane Bauer,
Halloo/World
chief executive officer of
the Realtor Association of \ advertise
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(Lafayette) elsewhere \
Photo Galleries A lot of people like the
Dont Miss This TN.Ds the idea of having
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agrees Michael Bayard, a
Publications senior resident fellow for retail and entertainment at the Urban Land institute.
Times of Acadiana Beyard called Phoenix one of the nation's hotbeds in the retail sector's
movement towardoutdoor shopping and mixed-use developments.
AcadlanaMoms.com
L Magazine Kienand' Commons is perhaps the Phoenix area's most well-established local
FYI Acadlam residential and retail complex. Its developer Buzz Gosnell says it re-creates the
Main Street feel of the,old days.
TOA Football 2007
Now To Guide "Your elevator turns into your front porch," Gosnell says.
Hurricane
Evacuation Jeff and Natalie Williamson see that every day. They live at the Scottsdale
Network Waterfront with their newborn daughter, Mischa,
Hotel Evacuation
Network "There's somethin always
The Travel Net y g going on," Jeff Williamson, 35, says.
Hurricane House Washington, D.C., Los Angeles, Denver and parts of Florida are also seeing
Communities the same types of developments.
Pick communit•,,t "they are sort of the new downtowns," Beyard says of the lifestyle complexes.
ass Feeds = "Everyone wants a downtown."
Entertainment Beyard says at first, developers were wary of how well residential lofts would
Customer service sell once they were integrated with retail. But, at least anecdotally, Beyard says
01"N
they are actually pulling a t5 percent to 20 percent remium corn ared with
p P
other residential projects that don't involve retail.
Beyard says people who are living and playing at these lifestyle centers want
-ADVERTISEMENT . the extras. They want the details such as fountains and manicured landscaping,
and they want the connectivity.
'It's a great trend,' he says. "The kinds of stores you're seeing at these centers
don't have anything you need. They have stuff you want. You want the whole
http://www.theadvertiser.com/appslpbes. dl llartic le?AID=/20080304/BUSINESS/803 04031... 3/4/2008
Meeting rt�, B��
Adjustm
Meeti Date: 3/12/08
AGENDA REPORT
BOARD OF ADJUSTMENT
THE CITY OF CAPE CANAVERAL
AGENDA
Heading
Review and Recommend
Item
When Section 22-40 was created there was an unintended problem with the current wording. When
No.
2
SUBJECT: Review and Recommendation to City Council Re: Proposed Ordinance Amending Section 22-
40, Clarifying which Properties are Subject to Community Appearance Board Review.
DEPT./DIVISION: Building Department
Requested Action:
Review and recommend to City Council proposed ordinance Section 22-40, Clarifying which properties are
subject to Community Appearance Board (CAB) Review.
Summary Explanation & Background:
When Section 22-40 was created there was an unintended problem with the current wording. When
Ordinance 04-2003 was written the intent was to require CAB approval for any change of exterior building
and roof colors within the C-1, C-2 and M-1 zoning districts. While that was accomplished, the ordinance
has had the unintended effect of appearing to remove all residential development form the scope of the CAB.
This gives the appearance that only C-1, C-2 and M-1 projects are reviewed by the CAB. When the change
of Color issues was discussed and codified in 2003 this was not the intent.
The solution being recommended is to insert the words "in all zoning districts" in the first sentence of
Section 22-40(a) as attached in the exhibit.
Exhibits Attached:
#1 Building Official Memo 12/19/07, #2 Proposed Draft Ordinance.
City Planner's Office
Department
i1i [A I I lei
Date: December 19, 2007
To: Bea McNeely, Planning and Zoning Chairperson
From: Todd Morley, Building Official
RE: Ordinance revision - Sec 2240
At my request, the City Attorney's office has produced the attached revision to City code Sec. 22-40 as
it relates to the Community Appearance Board. It is created to resolve an unintended problem with the
current wording,,
The problem: Ord. 04-2003 was written with the intent to require CAB approval for any change of
exterior building and roof colors within the C-1, C-2, and M-1 zoning districts.
While that was accomplished, the ordinance has had the unintended effect of appearing to remove all
residential development from the scope of the CAB. This gives the appearance that only C-1, C-2 and
M-1 projects are reviewed by the board (see attached draft). When the `change of color' issue was
discussed and codified in 2003 this was not the intent.
The solution: By inserting the words "in all zoning districts" in the first sentence, the intent is
preserved.
Sec. 22-40. Approval prerequisite for permits.
(a) Without exception, all plans, elevations, proposed signs for buildings or structures in all zoning this lcts and
exterior building and roof colors within the C-1, C-2, and M-1 zoning districts, or alterations thereto, shall be
approved by the %oiuiinity appearance board, or by the city council
under limited circumstances provided in
this article, before a permit is issued for any building, structure, sign or other development of property, of
appurtenances or alterations thereto, which have an exterior visual impact or effect on the community.
ORDINANCE NO. -2008
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 22, COMMUNITY
DEVELOPMENT, OF THE CITY CODE RELATED TO
COMMUNITY APPEARANCE REVIEW; AMENDING
SECTION 22-40 TO CLARIFY WHICH PROPERTIES ARE
SUBJECT TO COMMUNITY APPEARANCE BOARD
REVIEW PRIOR TO ANY BUILDING PERMIT BEING
ISSUED; 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, Article III of Chapter 22 of the City Code sets forth a comprehensive
community appearance review procedure in furtherance of preserving and improving the City's
aesthetic appearance, beauty and character, so as to ultimately enhance the qualify of life and civic
pride of all people who reside, work, vacation, or spend time in the City; and
WHEREAS, on February 18, 2003, the City Council adopted Ordinance 04-2003 amending
section 22-40 of the City Code to require that any changes to exterior building or roof colors in only
the C-1, C-2 or M-1 zoning districts be subject to community appearance review; and
WHEREAS, section 22-40 requires further amendment in order to clarify that development
of property in all of the City's zoning districts, except changes to exterior building or roof colors in
zoning districts other than C-1, C-2 and M-1, is subject to Community Appearance Board review
before a permit is issued for any building, structure, sign or other development of said property, or
appurtenances or alterations thereto; 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:
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.
City of Cape Canaveral
Ordinance No. _-2008
Page 1 of 3
Section 2. Code Amendment. Chapter 22, Community Development, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and strikeo type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Chapter 22. It is intended that the text in Chapter 22 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
CHAPTER 22. COMMUNITY DEVELOPMENT
ARTICLE II. COMMUNITY APPEARANCE REVIEW
Sec. 2240. Approval prerequisite for permits.
(a) Without exception, all plans, elevations, proposed signs for buildings or structures in all
zoning districts, or any alterations thereto. and exterior building and roof colors within the
C-1, C-2, and M-1 zoning districts, or alterations thereto, shall be approved by the
community appearance board, or by the city council under limited circumstances provided
in this article, before a permit is issued for any building, structure, sign or other development
of property, or appurtenances or alterations thereto, which have an exterior visual impact or
effect on the community.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, orparts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. 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 may be
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 5. 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 6. Effective Date. This Ordinance shall become effective immediately upon
City of Cape Canaveral
Ordinance No. _-2008
Page 2 of 3
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
, 2008.
ATTEST:
SUSAN STILLS, City Clerk
First Reading:
Legal Ad published:
Second Reading
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
day of
ROCKY RANDELS, Mayor
For Against
Bob Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
C. Shannon Roberts
City of Cape Canaveral
Ordinance No. _2008
Page 3 of 3
Meeting ,T ar o
AT2W,
Meeting Date: 3/12/08
AGENDA REPORT
BOARD OF ADJUSTMENT
THE CITY OF CAPE CANAVERAL
AGENDA
Heading
Review and Recommend
Item
The Building Official conducted an informal survey of other local governments to evaluate how they provide
No.
3
SUBJECT: Review and Recommendation to City Council Re: Proposed Code Amendment,
Section 110-28, Courtesy Notices
DEPT./DIVISION: Building Department
Requested Action:
Review and recommend to City Council proposed code amendment Section 110-28 courtesy notices.
Summary Explanation & Background:
Currently all courtesy notices go out certified mail which is both expensive and time consuming to prepare.
The Building Official conducted an informal survey of other local governments to evaluate how they provide
courtesy notices to residents. A memo is attached that describes and illustrates those results. The conclusion
is that the current method is the most expensive method with more than 20% of the owners not receiving the
courtesy notice. The conclusion of going with a less expensive mailing process would be cheaper, less time
consuming and may reach more owners.
The proposed change to the ordinance is to allow courtesy notices to be processed by regular mail or post
cards.
Exhibits Attached:
#1 Building Official Memo 12/2708, #2 Proposed Draft Ordinance, #3 Survey Results.
City Planner's Office
Department
1 -1 10A
A
_C�
Date: December 27, 2007
To: Bea McNeely, Planning and Zoning Board Chairperson
From: Todd Morley, Building Offici
RE: Proposed code amendment -Vu rtesy notices
I conducted an einail survev of Brevard County municipalities asking:
When your,jurisdiction sends out zoning -related notices to affected property owners, is it by
A:post card
B: regzrlcrr nuril, or
C_' certl fieGl rrlCdl
The results of the sun ey indicate that only two other Cities require all zoning mahouts to be via certified mail.
Most use regular mail.
I request that P&Z consider a code amendment allowing regular mail and/or postcards as courtesv notification
for residents within the 500 ft. radius of an affected properly. This would not change the requirement to send a
certified notification to the applicant.
Benefits:
Less expense to the applicant,
Less staff time monitoring the return receipts, and
It may increase citizen participation. Some citizens may not receive certified mailings because they
mai- not be at home while the post office attempts deliver-. Consequently, they will be left a notice
requesting that they retrieve the certified mailing from the post office during normal business flours.
Because some citizens may not be available during those flours, they niav not pick up the mailing. With
a post card or a regular mailing, there may be a greater likelihood that the courtesy notice will end up in
their hand with little effort on their part.
I informed P&Z at the December 12`i' meeting that this will be an upcoming issue.
If it meets with the P&Z Board's approval it can be forwarded to Council as a recommendation
A proposed code amendment regarding
Courtesy notices
-Todd Morley-, Building Official
December 14, 2007
ARTICLE I. IN GENERAL
Sec. 110-1. Definitions.
The following words. terms and phrases, when used in this chapter, shall hay e the meanuigs ascribed to
- - them in this section. except N here the context clearly- indicates a different meaning
Courtesy notice means a notice of a public hearing, not required by law, mailed at the city's discretion
to properly owners within 500 feet of properly which is the subject of the public hearing. Courtesy notices may
consist of re—gular mail or postcards.
Sec. 110-28. Due process; special notice requirements.
(a) All applicants shall be afforded minimal due process as required by lane. including the right to receive
notice_ be heard, present evidence, cross-examine witnesses. and be represented by a duly authorized
representative.
(b) In addition to any notice requirements provided bey state law. all public hearings under this article shall be
publicly noticed for at least ten calendar days prior to the date of the hearing. Said notice shall include the
address of the subject properly, matter to be considered and the time, date and place of the hearing. The notice
shall be posted in the following manner:
(1) Posting the affected property.
(2) Posting at city- hall
(3) Notifying. by eeftified mail, all owners of real property (including homeowner's and condominium
associations) adjacent to and within 500 feet of the subject properly,
(4) Notifying, by certified snail, the owner(s) of the subject property for which the application is being made.
The notice requirements set forth in subsections (1), (2). and (3) above are hereby deemed to be courtesv
notices. The failure to provide such courtesv_ notices shall not be a basis of appealing an-,, decision made under
this chapter.
(c) When any proposed zoning district boundary change, variance, or special exception lies within 500 feet of
the boundary of anv property under another government's jurisdiction, notice shall be forwarded to the
governing bode- of the appropriate government authority in order to afford such body an opportunity to appear at
the hearing and express its opinion on the effect of said proposed district boundary change. variance or special
exception.
(Ord. No. 11-2005, § 2, 6-21-05)
City
of Cape ..
Survgx
Regarding
unicipalities notify affected property owners of zoning -related issues`
Todd Marley, Building Official
The question sent November 28, 2007 to all Brevard County municipalities was:
When your jurisdiction sends out zone -related notices to affected property owners, is it by
A. post card B: regular mail C: certified mail
The survey was conducted via email.. 12 Cities responded, three did not. The responses were -copied and
pasted' into this document with quotation marks added. Original emails on file
Resnonses
Jurisdiction
Comment
Brevard County
"Past cards."
Cocoa
"It Usually is certified."
Cocoa Beach
mail. Saves a little money and satisfies the code."
Indialantia
No response.
Indian Harbour
Beach
"Certified, regular mail."
Malabar.
-Regular mail".
.Melbourne
"We use regular mail -- our City Code specifically references these as
courtesy notices."
Melbourne Beach
No onse.
Melbourne Village
No response=
Palm Bay
' Regular mail. However, we are currently exploring the idea of post cards for
several reasons."
Palen Shores
"Re lar Mali."
Rockledge
"Regular letters. The letters contain, more information than the P/C and tends to
cut down on the phone calls to City Hall by carious citizens. All three choices
are legal with the certified mail being the most ensive."
Satellite Beach
'Txgular Mail-"
Titusville
"$right orange postcards_"
V—.t Xlelbourne 1
-147c send it b a�ia!"th regular an'. ca Cued mad depeuduig on the sue JJ
Summary;
Postcrds 2 of 12 (ll°/a)
Regular mail 7 of 12 ,,-8° V}
Certified mail 2 of 12 (170%)
Depends on issue 1 of 12 �8%)
105 Polk Avenue • Post Office Box 326 ® Cape Canaveral, FL 32920-0326
Telephone- (321) 868-1222 * SUNCOM:982-1222 . FAY: (321) 868-1247
www.myflori&.com/cape • emaiL ccapecanavera1@cf1.rrcozn
City of Cape Canaveral
Recent history of undelivered certified courtesy_ notices
-Todd Morley, Building Official
The four most recent zoning applications for which courtesy notices were mailed:
Name
# of certified
# of undelivered return
Percentage
mailings (q),
receipts
undelivered
$5.93/ea.
Kabboord's Vehicle
84
15
17.86%
rental facility
($498.12)
($88.95)
Yogi's alcohol
85
14
16.47%
license
($504.05)
($83.02)
Beach Auto
253
58
22.92%
vehicle repair
($1,500.29)
($343.94)
facility expansion
Ice Man
441
102
23.12%
ice vending building
($2615.13)
($604.86)
Total
863 $5,117.59
189 $1,120.77
21.9%
Summary:
Approximately 22% of the notices do not make it into the hands of the property owner.
A proposed code amendment regarding
Courtesy notices
-Todd Morley, Building Official
December 14, 2007
ARTICLE I. IN GENERAL
Sec. 110-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Courtesy notice means a notice of a public hearing, not required by law, mailed at the city's discretion
to property owners within 500 feet of property, -,,-,,,which is the subject of the public hearing. Courtesy notices may
consist of regular mail or postcards.
Sec. 110-28. Due process; special notice requirements.
(a) All applicants shall be afforded minimal due process as required by law, including the right to receive
notice, be heard, present evidence, cross-examine witnesses, and be represented by a duly authorized
representative.
(b) In addition to any notice requirements provided by s
publicly noticed for at least ten calendar days prior to the
address of the subject property, matter to be considered a
shall be posted, in the following manner:
(1) Posting the affected property.
(2) Post gat city hall.
law, all public hearings under this article shall be
of the hearing. Said notice shall include the
Ze time, date and place of the hearing. The notice
(3) Notifying, by eei4ifie mail, all owners of real property (including homeowner's and condominium
associations) adjacent to and within 500 feet of the subject property.
(4) Notifying, by certified mail, the owner(s) of the subject property for which the application is being made.
The notice requirements set forth in subsections (1), (2), and (3) above are hereby deemed to be courtesy
notices. The failure to provide such courtesy notices shall not be a basis of appealing any decision made under
this chapter.
(c) When any proposed zoning district boundary change, variance, or special exception lies within 500 feet of
the boundary of any property under another government's jurisdiction, notice shall be forwarded to the
governing body of the appropriate government authority in order to afford such body an opportunity to appear at
the hearing and express its opinion on the effect of said proposed district boundary change, variance or special
exception.
(Ord. No. 11-2005, § 2, 6-21-05)