HomeMy WebLinkAboutOctober 13, 2010 - P & Z Meeting PacketCity of Cape Canaveral
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1 . Approval of Meeting Minutes: September 22, 201
2. Recommendation to City Council Proposed Assisted Living
Facilities Ordinance.
3. Discussion: Limiting the Location and Number of Tattoo
Parlors.
OPEN DISCUSSION:
Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person
decides to appeal any decision made by the Planning and Zoning Board with respect to any
matter rendered at this meeting, that person will need a record of the proceedings, and for
such purpose that person may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be
based. This notice does not constitute consent by the City for the introduction or admission
into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges
or appeals not otherwise allowed by law. This meeting may include the attendance of one or
more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement
and/or Community Appearance Board who may or may not participate in Board discussions
held at this public meeting. Persons with disabilities needing assistance to participate in any of
these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of
the meeting.
7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Building & Code Enforcement: (321) 868-1222 - Planning & Development (321) 868-1206 - Fax & Inspection: (321) 868-1247
www.cityofcapecanaveral.org - email: ccapecanaveral@cfl.rr.com
PLANNING & ZONING BOARD
MEETING MINUTES
SEPTEMBER 22, 2010
A Regular Meeting of the Planning & Zoning Board was held on September 22, 2010, at the City
Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell,
Chairperson, called the meeting to Order at 7:00 p.m. The Recording Secretary called the roll.
MEMBERS PRESENT
Lamar Russell
Bea McNeely
John Fredrickson
Harry Pearson
Donald Dunn
John Johanson
Ron Friedman
OTHERS PRESENT
Susan Chapman
Kate Latorre
Robert Hoog
Barry Brown
NEW BUSINESS
Chairperson
Vice Chairperson
1 st Alternate
2 nd Alternate
Secretary
Assistant City Attorney
Council Member
Planning & Development Director
Approval of Meeting Minutes: August 25, 2010.
Motion by Bea McNeely, seconded by Harry Pearson, to approve the meeting minutes of
August 25, 2010. Motion carried unanimously.
2. Recommendation to City Council: Lot Split — Martin Marietta Materials, Inc., Randy May,
Applicant.
Barry Brown, Planning & Development Director, advised that the request was for a lot split of
the Martin Marietta Materials property, formerly Ambassador Services. He showed an aerial
view of the property, depicting the lot split area. He explained that earlier this year, Ambassador
Services, Inc. was sold to Martin Marietta Materials, Inc. In an effort to expedite the.sale, the
property was sold in its entirety with the understanding that a portion of the property would be
returned to Mr. May. He explained that the lot to be split was a previously platted and the newly
created lot has access by a recorded easement to a public road. He was confident that the all
easements were identified and reviewed by the City Engineer. He advised that City staff
reviewed the application, all comments and code requirements had been met, and staff
recommended approval.
Mr. Brown noted that this was the first request for a lot split since the City adopted the new lot
split ordinance. Chairperson Russell gave a brief overview of the lot split process. The Board
members reviewed the submittal.
Planning & Zoning Board
Meeting Minutes
September 22, 2010
Page 2 of 4
Discussion was held regarding a 10 ft. encroachment at the north east corner of the property by
an adjacent building owned by Rinker Materials. Attorney Guy Neff, representing Randy May,
Applicant, advised that the 10 ft. encroachment existed since his client originally considered
purchasing the property several years ago. He advised that it did not affect the business
operations.
Mr. Brown advised that the existing development agreement needed to be amended to
recognize this lot split and a resolution prepared prior to the lot split request being presented to
City Council
Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of the lot split to
City Council. Vote on the motion carried unanimously.
3. Recommendation to City Council: Proposed Assisted Living Facilities Ordinance.
Barry Brown, Planning & Development Director, advised that this was a request to revise the
City code to allow for assisted living facilities (ALF's). The applicant was the City Council. He
explained that Danny Ringdahl, owner and developer of Puerto Del Rio condominiums, was
considering construction of an ALF on the undeveloped portion of his property. He advised that
the City code allowed for adult congregate living facilities, but only in R -1 Single Family
Residential zoning district by special exception. This was to accommodate the care of a limited
number of persons in a residential home. The City code does not address an ALF. He advised
that staff considers an ALF an important and complementary use in the City and a needed
housing option in the community. He pointed -out that the proposed ALF was appropriately
located and an important economic development opportunity for the City. Accordingly, staff
asked the P & Z Board to consider adding ALF's as an allowable use. On August 25, 2010, the
Board discussed the appropriateness of allowing this use, and approved a motion
recommending that the City Council direct staff to prepare an ordinance to allow ALF's.
Subsequently, On September 7 ", the City Council considered the issue, along with the
recommendation from the P & Z Board, and passed a motion directing staff to prepare an
ordinance allowing ALF's.
Mr. Brown advised that staff researched ordinances of other local governments and created a
comparison matrix. He reported that most local governments allow for ALF's or adult
congregate living facilities (ACLF's) as a special exception in multifamily and commercial zoning
districts. The noted that the most common criteria included special parking requirements,
minimum separation distance from other ALF's, and special setbacks. He advised that the
separation requirements typically addressed facilities in residential neighborhoods and their
purpose was to preclude too many facilities from being located in the same area. He noted that
the City does not have a separation distance. He believed that distance separation should be
considered for residential facilities, but was not necessary for large scale ALF's. He advised
that special setbacks and buffering were typically location specific and could be addressed in
the special exception. Design standards could be addressed in the special exception as well.
Mr. Brown advised that Danny Ringdahl, property owner and developer of Puerto Del Rio, has
met with City staff regarding developing an ALF immediately east of the Puerto Del Rio
development. Mr. Brown proposed to the Board that there be one parking space per employee
on the largest working shift, plus one parking space for every two units. Andre Anderson of
Planning & Zoning Board
Meeting Minutes
September 22, 2010
Page 3 of 4
Planning Design Group provided a table comparing the impacts of an ALF to residential single
family and a nursing home for water, sewer and traffic generation. He advised that the impact
of an ALF would be less than that of a single family or nursing home. He noted that the
proposed ALF unit was not a dwelling unit per the City code definition, because they did not
have a kitchen facility in them. Therefore, there needed to be a conversion factor. Mr. Brown
explained that a conversion factor should be used when calculating density because it was
apparent, as well as supported by data, that the impact of an ALF was not nearly as great as a
typical residential unit. He gave the example of a conversion formula for Mr. Ringdahl's
property as follows: number of units per acre (R -3 equals 15), times 2.49 persons per
household (2000 U.S. Census), times the proposed acreage (8 acres), equaled 299 beds or
persons. Mr. Brown noted that both Jupiter and Apopka use the same conversion formula.
Brief discussion followed.
Mr. Ringdahl advised that he was proposing a five star ALF that would include: 248 rooms, with
a one room concept. He noted that units would be either 400 sq. ft. or 700 sq. ft., with either a
single or double bed, and a balcony. He advised that 159 parking spaces were allocated to the
project. Andy Kirback, project engineer, advised that the proposed lot coverage was between
15 and 20 percent, the boundary setbacks were 25 ft. and the proposed project density was less
than 15 units per acre.
The Board members reviewed the proposed ordinance and held discussion regarding:
preferring that the use be allowed by special exception; allowing the use in residential and /or
commercial zoning districts; establishing minimum criteria for the following: parking, number of
units, living area, buffering, screening, acreage, special setbacks, distance from like
establishments, compatibility with surrounding property, unit size, evacuation plan, architectural
review and design standards, lot coverage, and green space. During discussion, Barry Brown
advised that he meets with developers of proposed projects, has the ability to negotiate, and
sees that his concerns are addressed for buffering, screening, and setbacks. The Board
concluded, by consensus, to direct staff to perform research and return with proposed minimum
criteria for compatible appearance, setbacks, screening, parking, evacuation, unit area, number
of units, and acreage. Barry Brown advised that the State already has minimum requirements
for evacuation plans. He noted that-the State and Brevard County reviews evacuation plans, so
there was no need for the Board to involve itself in that. He advised that the City code already
addresses architectural review through the Community Appearance Board. Lot coverage is also
addressed in the R -3 zoning regulations. He requested that the Board focus on items that are
particular to the City's situation, for example: requirement for a minimum number of units,
setbacks, parking, and residential vs. commercial. He advised that the requested information
will be provided for the next meeting.
OPEN DISCUSSION
Barry Brown advised that he handed -out a flyer regarding a chili cook -off at the City's Fall
Festival on October 9 He challenged the Board members to enter the contest to represent the
Board.
Kate Latorre, Assistant City Attorney, introduced her colleague Kimberly Kopp to the Board.
Motion by Harry Pearson, seconded by Donald Dunn to adjourn the meeting at 8:57 p.m.
Planning & Zoning Board
Meeting Minutes
September 22, 2010
Page 4 of 4
Approved on this day of
Lamar Russell, Chairperson
f• t
Susan L. Chapman, Secretary
D 1 1 6 - . I . I
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There are two action items • the agenda for this meeting. The first is the continuation
• our review of a proposed ordinance allowing for an assisted living facility as special
exception use. The second is a discussion about limiting the location and number of
tattoo parlors.
Assisted Living Facilities - As recommended by the Planning and Zoning Board and
directed by the City Council, staff has prepared an ordinance allowing for assisted living
facilities as a special exception use in R-3 and C-1 zoning districts. At its last meeting
• September 22, 2010, the Board discussed the difference in impacts between an ALF
unit and a typical residential unit as well as specific criteria for an ALF.
Staff has performed the requested research regarding setbacks, a minimum size for a
facility, a minimum size • for individual units, parking requirements, and specia!
requirements for loading areas:
F-Mare F KI10- a i I I F v • OEM • "1 1ITZILON • AVANUM111 MMM
Minimum size of facil — See email from Pamela Dillon. None of the cities surveyed
have a minimum facility size.
Minimum size of unit — See same email from Pamela Dillon.
Staff is proposing that the conversion • existing structures into assisted living facilities
be prohibited. This will prevent existing apartments and condominiums from bt.-
converted into ALFs.
If you have question or comment, call me at 868-1206 or email
B. Brojvntd-)citvofcapec-,aravaral.oi--a.
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I am very happy to respond. I will quote state regulation to answer your question and then add
my professional opinion.
I.Economic Feasibility-The state has no policy. The state does in fact request
quarterly financial reports if the building accepts state or federal funding. It has been my
experience that every project is completely different. Cost of land, cost of hiring good
employees, costs of construction (economic target customer determines the building costs),
levels of cares to be provided, these are just a few factors that will effect the number of beds
required to make a project feasible. Another factor is the owners themselves, what are the
owners requirement to create a financially stable project. Sometimes this is determined by
the financial group and not the owner. The project must prove itself to the financial institution
through percentages of profit verses costs. It is my opinion that the land costs, financials of the
city demographic market (Retirement income) and city employment ratios all play a great part in
the number of units which cause the project to succeed. Cape Canaveral land values great a need
for this project to meet a 248 unit criteria. This is taking into consideration the current economy
and lower land values.
2. Florida unit size is in square footage per person. 80 square feet for one person and an
additional 80 square feet to add a second in the unit. I bathroom for every four residents. The
state sq ft ratios are so low it seems sad to me. The owner of this property wants to meet the
standard and provide a quality living environment. Current competitors are ranging from 375 to
750 sq ft per unit. Our project has been designed to keep within the 400 to 800 sq ft per unit.
This will create a healthy living environment. This does not include sq footage for common
areas within a center.
We must always remember there are three different types of centers, 8 Bed Home, 16 Bed plus
and 80 bed plus with level of care. All regulated differently.
On Mon, Oct 4, 2010 at 12:36 PM, Barry Brown <B.Brow �citvofea wrote:
MR
On September 22, 20 1 presented an ordinance to the Planning and Zoning Board that allowed
for assisted living facilities as a special exception use in R-3 and C -1 zoning districts. The P&Z
Board is receptive to the ALF use, but wants certain criteria that protect the city and the users of
the facility. They would like to establish a minimum size for the facility, such as a minimum
number of rooms, and they want to establish a minimum size for each unit.
Planning and Development Director
City of Cape Canaveral, Florida
B.Brow,,i(i�,,,c�itvofea-pecariaveral.org
A L F
For your consideration, below are suggested design standards for loading docks and dumpsters in an
Adult Living Facility in the City of Cape Canaveral:
a) Loading Docks and dumpster areas shall be directed away from any residential side of the
development.
b) Dumpsters shall be visually screened from public view from an adjacent public right-of-way or
residential uses by fully enclosed screening that is a minimum of six (6) feet high, measured
above finished grade.
c) Each enclosure shall include a decorative opaque gate that is a minimum of six (6) feet high,
measured above finished grade.
d) Each dumpster enclosures shall be constructed as one of the following:
A masonry wall at a minimum of six (6) feet high, measured from finished grade. The
masonry wall shall be decoratively finished concrete masonry unit, brick, stucco, pre-cast
panels, or other material matching the exterior of the principal building.
2. A combination of fencing and landscape buffer. Fencing shall be fabricated from
aluminum, wrought iron, vinyl, brick, or other approved materials. The landscape buffer
shall be a minimum of five (5) feet in width, a minimum of three (3) feet in height, fifty
(50) percent opaque at planting and capable of attaining a height of six (6) feet and
seventy-five (75) percent opaqueness within twenty-four (24) months.
e) The dumpster shall be located so as to facilitate pickup by refuse collection agencies.
f) The dumpster enclosure shall not be placed in drainage flow areas.
g) Adequate reinforced paved areas shall be provided for the dumpster and their approaches for
loading and unloading.
h) No part of a dumpster or materials stored within the screened area shall extend above the
dumpster enclosure.
i) Chain link, painted or unpainted block walls, barbed wire and wood are prohibited as part of a
dumpster enclosure.
000 rA7 0p roo
Barry Brown
From: Kate Latorre [kiatorre@oriandolaw.net]
Sent: Monday, October 04, 2010 4:18 PM
To: Barry Brown
Subject: RE: Tattoo parlors
Bony | had to research this issue a little before i could respond because 1 remembered that there was a 9th Circuit Court
ofAppeeb case released on September 9 finding that tattoo itself, the process of tattooing, and the business of
tattooing are all First Amendment Protected forms OT pure expressbn,
Even thuugh this case is not legally bindinQinRohdeandnoaysdUbereversedonappea[b'sosignificantcaseand
should not beignored. Thu�an outright ban in the City isunadvissbie. Reasonable distance/sepa ration requirements
m/iHbe easier tm defend ifchaHenQed. |'||be prepared to discuss in more detail during the meeting, if there's aninterest.
ME
From: Barry Brown [mailto:B.Brown@cityofcapecanaveral.org]
Sent: Monday, October O4,3O1UZ:59PM
To: Kate Latorre
Subject: FW: Tattoo parlors
Please see below. 1 arn going to take the tattoo parlor issue to P&Z for discussion at the meeting next Wednesday
October 13. |f tattoo parlors can be prohibited, that is what | will recommend. {f not, vvewiQ propose separation
distances i.e. rental car agencies.
Barry
From: Barry Brown
Sent: Wednesday, September 39,2D1D2:]7PM
To: 'KateLatorma
Subject: Tattoo parlors
Staff is considering regulating the number and location, etc. of tattoo parlors. One option is to make tattoo parlors a
special exception with specific criteria. Another option is to prohibit them outright. Our research reveals that Ft. Pierce
prohibits tattooing except in connection with a medical or dental practice. Can we prohibit tattooing too?
Barry Brown
Planning and Development Director
City of Cape Canaveral, Florida
phone 321868-1206
fax 321858'1247
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2B THURSDAY, AUGUST 20, 2009
c
Cocoa Beach may
restrict parlors
from clustering
BY R.NORMANMOODY
FLORIDA TODAY
COCOA BEACH — Before Co-
coa Beach city commissioners
could vote to restrict tattoo par-
lors from clustering in certain lo-
! cations of the city, another appli-
cation arrived from a prospective
tattoo tenant.
0
C -\ V
FLORIDATODAY
ink new tattoo rules
If yo ga
The Cocoa Beach. City CQrn- .
mission meets at 7 tonight
at City Hall;.? S. Orlando
Ave. For the agenda, visit
ftoridatoday.com. .
There are currently six tattoo
parlors —three in downtown and
three near State Road 520 and
State Road AIA. Now there's one
more waiting to open in the city of
12,800 residents.
The city commission will take
its final vote on the measure at a
meetingtonight.
Earlier this month, the commis-
sion gave tentative approval to
the proposed ordinance that
would prevent new tattoo parlors
and body piercing salons from lo-
cating within 2,000 feet of exist-
ing ones. The council voted 4-1.
Commissioner Don Johnvoted
againstthe measure.
John opposes a provision that
would require existing parlors
trying to relocate within the city
limits to go before the Board of
Adjustment, a procedure that'
could keep the parlors out ofbusi-
ness abouttwo months.
"I don't have a problem with
what we're trying to do," John
said. "I can't support the way
we're doing it."
John said he had not heard a
single complaint abouttattoo par-
lors before the Aug. 6 meeting.
Since then, he has received only
one complaint through e-mail.
"I hear more complaints about
T -shirt shops than about tattoo
parlors," he said. ■
Contact Moody at 2423651'
or nmoody @Roridatoday.com.
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