HomeMy WebLinkAboutMinutes 01-17-2006 Workshop(w CITY COUNCIL JOINT WORKSHOP
MEETING WITH THE PLANNING AND ZONING BOARD
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
January 17, 2006
5:00 PM
MINUTES
CALL TO ORDER
A joint meeting of the City of Cape Canaveral City Council and Planning & Zoning Board was held
on January 17, 2006 at 5:00 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral,
Florida. The Assistant City Clerk called the roll.
ROLL CALL:
Council Members Present
Mayor Pro Tern
Bob Hoog
Council Member
Jim Morgan
Council Member
Leo Nicholas
Council Member
Buzz Petsos (arrived at 5:25 p.m.)
Mayor
Rocky Randels
Plannina and Zonina Board Members Present:
Chairperson
Beatrice McNeely
Vice Chairperson
R. Lamar Russell
Regular Member
Dr. John Fredrickson
Regular Member
Donald Dunn
Regular Member
Harry Pearson
Others Present
City Manager
City Attorney
Assistant City Attorney
Assistant City Clerk
City Planner
Building Official
Bennett Boucher
Anthony Garganese
Kate Latorre
Virginia Haas
Todd Peetz
Todd Morley
City of Cape Canaveral, Florida
City Council Code Review Workshop
January 17, 2006
Page 2 of 4
DISCUSSION:
City Code Review: Chapter 110 -61 through 110 -198
Division 3. Variances. Section 110-61
Attorney Garganese advised that the code review would begin with Section 110 -86. He
explained that the following sections were covered in a previous codified ordinance:
Sections 110 -61, 110 -62, 110 -136, 110 -137, 110 -138 and 110 -39.
Sec. 110 -86. Conflicts with other Ordinances:
No changes.
Sec. 110 -87. Enforcement of Chapter.
Attorney Garganese outlined the due process with the new ordinance, and
recommended adding language regarding code enforcement issues. He explained that
a clear interpretation must be made that a Notice of Violation proceeds to the Code
Enforcement Board, not the Board of Adjustment. Attorney Garganese will clarify the
Section that reads "It is the intent of this Chapter that all Questions of enforcement shall
be first presented to the Building Official and that such questions shall be presented to
the board of adjustment
Sec. 110 -88. Duties of the Building Official.
Discussion was held regarding stop work orders. Todd Morley, Building Official,
explained that he orders discontinuance of illegal work authorized by many laws one
such being the Florida Building Code. Attorney Garganese suggested adding verbiage
that broadens the language to include the Florida Building Code, Florida Statutes and
other applicable laws. He noted that this addition would clearly authorize the actions of
the Building Official.
Sec. 110 -89. Penalties for Violation.
Discussion was held regarding the process of penalties and Attorney Garganese
pointed out that the Code Enforcement Board cannot convict someone that this is
carried out through the County Court System. Discussion continued regarding
unlicensed contractors and fireworks violations.
Mr. Russell, Vice Chairperson of the Planning and Zoning Board, stated that he would
like to see the City prosecute. Attorney Garganese replied that one example of rigorous
prosecution was when code enforcement filed an injunction against Mr. Milliken.
Attorney Garganese further stated that these are judgment calls issued on a case by
case basis. It was clarified that the City can take additional corrective action per City
code Section 1 -15.
City of Cape Canaveral, Florida
City Council Code Review Workshop
January 17, 2006
Page 3 of 4
Sec. 110 -90. Complaints of Violations.
No changes.
Sec. 110 -91. Conformity to Plans.
Attorney Garganese stated that City Code should be broad enough to compel the
violator into compliance. Councilman Morgan pointed out that once the Certificate of
Occupancy is issued it becomes a new issue, not building related. Attorney Garganese
will revise the code section to include stronger, broader words, to enable the Building
Official to compel compliance.
Sec. 110 -92. Schedule of Fees, Charges and Expenses.
In section (c) it was noted that Special Exceptions, Variances and Comprehensive plan
amendments may need to be added. Attorney Garganese will research whether fees
are spelled out for Comprehensive Plan amendments. Comprehensive Plan
amendments may need to be listed with a separate fee structure in Schedule B of the
City Code.
Attorney Garganese explained that Section (d) deals with City initiated petitions and that
the fees would be waived. Dr. John Fredrickson, Planning & Zoning Board Member,
Ce asked how the City determines the fee schedule. Councilman Morgan inquired about
the cost of living as an index for fees. City Manager Bennett Boucher tasked Todd
Morley, Building Official, and Todd Peetz, City Planner, in reviewing the Schedule of
Fees.
Division 2 Permits.
Sec. 110 -106. Required.
(a) City Council agreed to include in first sentence, "in accordance with applicable
law". The second sentence in item (a) will be deleted.
(b) No changes.
(c) There was discussion about land locked areas and easements due to surveying
errors.
Sec. 110 -07 Application.
a. Building Official Todd Morley questioned plans "in duplicate" that may
need to be changed to Accompanied by appropriate copies of plans as
determined by Building Official".
b. Mr. Morley explained that a Form Board Survey and Stem Wall Survey is
currently being used and suggested deleting this Section. It was noted
that a policy may need to be inserted and should be reviewed carefully.
Mr. Morley will submit draft policies and procedures to Attorney
Garganese for review.
City of Cape Canaveral, Florida
City Council Code Review Workshop
January 17, 2006
Page 4 of 4
Ce c. Change "the the second copy" to "a copy".
d. No changes.
e. No changes.
Section 110-108. Epiration.
Mr. Morley suggested that the verbiage "section 106.6.1" and "in section 82-31" be
stricken.
The Next Code Review Workshop will begin with Division 3. Certificate of
Occupancy, Section 110-121.
ADJOURNMENT;
Due to a subsequent City Council Regular Meeting, the Chair adjourned the meeting at
6:50 P.M. =-
Virzi Haas, Assistant City Clerk
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