HomeMy WebLinkAboutMinutes 02-21-2006 WorkshopCITY COUNCIL JOINT WORKSHOP
MEETING WITH THE PLANNING AND ZONING BOARD
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
February 21, 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 February 21, 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
Council Member
Mayor
Council Members Absent:
Council Member
Council Member
Bob Hoog
Buzz Petsos
Rocky Randels
Jim Morgan
Leo Nicholas
Planning and Zoning Board Members Present:
Chairperson
Vice Chairperson
Regular Member
Regular Member
Others Present
City Manager
City Attorney
Assistant City Clerk
City Planner
Building Official
Beatrice McNeely
R. Lamar Russell
Dr. John Fredrickson
Harry Pearson
Bennett Boucher
Anthony Garganese
Virginia Haas
Todd Peetz
Todd Morley
City of Cape Canaveral, Florida
City Council Code Review Workshop
February 21, 2006
Page 2 of 3
DISCUSSION:
City Code Review: Chapter 110 -121 through 110 -257
Division 3. Certificate of Occupancy
Section 110 -121. Required.
Todd Morley, Building Official, stated that Section 110 -122 should be listed as an
exception to Section 110 -121. Lamar Russell, Planning & Zoning Board Vice Chair,
disagreed and stated that 110 -122 should remain a separate section. Mr. Russell
referred to the end of Anchorage Way where small houses or motels later became
condos, then developed into rental units. Mr. Russell noted his aversion to phased
development of condos or hotels. He explained that the first 150 required units are
sacred or the result would be many small transient rental units. Discussion was held
regarding Palms West Motel. Mr. Russell stated that Section 110 -122 is not an
exception but a fact and the code was written to encourage only serious hotel and motel
builders.
Anthony Garganese, City Attorney, stated that Section 110 -332 does not clearly state
the minimum requirement of 150 units. Attorney Garganese continued that under the
IL new Florida Building Code there may be a conflict with City Code. Mr. Morley, Building
Official, noted there were no conflicts so far as he is aware. Attorney Garganese replied
that City Code should more closely reflect the Florida Building Code. City Council
agreed that Attorney Garganese could draft a change to Section 110 -121 and changes
would be consistent with Section 110 of the Florida Building Code.
Mayor Rocky Randels noted that Donald Dunn, Planning and Zoning Board Member,
submitted notes on the code review indicating separate sections for amendments and
rezoning.
Attorney Garganese explained that the following Sections were removed from the City
code per Ordinance 11 -2005: Sections 110 -136 through 110 -139. Code Review
continued with Section 110 -161
ARTICLE IV. Special Exceptions
DIVISION 1
Sec 110 -161 Structures and uses approved by special exception.
Mayor Randels explained that Howard Gould, Oak Manor Park, had passed away. Mr.
Harry Pearson, Planning and Zoning Board, stated that the double negative "not
deemed nonconforming" should be removed. Attorney Garganese will review section
110 -161. Mr. Russell noted that non - conforming issues are addressed throughout this
Division.
City of Cape Canaveral, Florida
City Council Code Review Workshop
February 21,2006
Page 3 of 3
110-171. Establishments serving alcoholic beverages.
There was a question regarding 110-171(a)(2)(c)(2) "Consumption of food and malt
beverages or wine shall be on-premises only; however, food carry out without the
alcoholic beverages may be permitted". This section should be double checked against
Florida Statutes 564.09. Attorney Garganese reviewed that there are two temporary
beverage permits allowed for conventions and non-profit civic organizations which
require local government approval. He explained that these are temporary permits to
sell alcoholic beverages and should be addressed in the City Code. The location can
be discretionary with City Council approval. Attorney Garganese suggested adding a
section regarding charitable organizations and a subparagraph exception to the 2000
foot rule for conventions and non-profit groups which allows for temporary permits to
sell alcoholic beverages. Todd Peetz, City Planner, asked if there will be a special
exception which continues directly to Council. Attorney Garganese replied that he
would draft a new Section 110-172. Mr. Russell spoke about the issues of
nonconformities to be reviewed. He wanted City Council to be aware that a single
family home could be destroyed and a townhouse or condo built in its place.
The Next Code Review Workshop will begin at ARTICLE V. NONCONFORMITIES.
ADJOURNMENT:
Due to a subsequent City Council Regular Meeting, the Chair adjourned the meeting at
6:50 P.M.
1-164.3. el.S?
Virginia Haas, Assistant City Clerk
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