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HomeMy WebLinkAboutMinutes 04-18-2006 WorkshopCITY COUNCIL JOINT WORKSHOP MEETING WITH THE PLANNING AND ZONING BOARD CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 18, 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 April 18, 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 Council Member Council Member Mayor Bob Hoog Jim Morgan Leo Nicholas Buzz Petsos Rocky Randels Planning and Zoning Board Members Present: Chairperson Vice Chair Regular Member Regular Member Regular Member Others Present City Manager Assistant City Attorney Assistant City Clerk City Planner Building Official DISCUSSION Beatrice McNeely Lamar Russell Dr. John Fredrickson Donald Dunn Harry Pearson Bennett Boucher Kate Latorre Virginia Haas Todd Peetz Todd Morley City Code Review: Continue Review of Draft Ordinance Article V. Nonconformities, Section 110- 195(d) through 110 -200. City of Cape Canaveral, Florida City Council Code Review Workshop April 18, 2006 Page 2 of 4 Mayor Randels asked about the removal of the word "destruction' . Mr. Donald Dunn questioned what if the structure destroyed is by self destruction. It was noted that if a structure is self destroyed property owners should not be allowed to re- build. Mr. Morley suggested that the definition contain "rebuilt unless destruction is a result of a criminal act." Attorney Latorre noted that "other criminal acts" is covered in the definition of destruction. 110- 193(e) Structures and premises in combination. Mayor Randels asked how could the city minimize nonconformities without taking away the rights of the people. Mayor Randels explained that this section allows for existing nonconformities but does not allow for the nonconformity to deteriorate. Mayor Randels asked how the City removes nonconforming properties which are dilapidated. He continued that if the City is allowing everyone to rebuild then there is no rationale in having a nonconforming ordinance. The code regulates that applicants can rebuild to the same footprint or rebuild to more restrictive uses. Attorney Latorre explained that applicants may apply for a change of use but the Board of Adjustment is not required to automatically grant that change of use at the hearing procedure. Mr. Morley asked if the change of use procedure was similar to a variance and which application form should be used? Attorney Latorre replied that the form is a change of use which utilizes a completely different application. The Building Department would have to establish this form along with a fee and application. Attorney Latorre stated that there is a public notification requirement covered in sub section 8. Mayor Randels noted that businesses along State Road Al A do not have adequate parking. Mr. Nicholas stated that there are trailers parked around the city that if ever seriously damaged, that he would like to see permanent buildings replaced on the site. Mr. Morgan agreed. Discussion continued regarding Dottie's Bar. 110- 195(e) Attorney Latorre stated that the criteria for change of use requests are listed in the ordinance for incorporation into the application. Attorney Latorre suggested adding "equal or" before "less intensive" and "equally or" before "more compatible" to discourage nonconforming uses. City of Cape Canaveral, Florida City Council Code Review Workshop April 18, 2006 Page 3 of 4 Add to Section 110- 195(e) fourth sentence "equally or more restrictive, equally or less intensive, and equally or more compatible ". This language addition will also apply to 110- 195(e)(5). Mayor Pro Tern Hoog stated that if owners want to change the use, the resulting use should be conforming. Mr. Morgan replied that if this was the case, property owners would never agree to make the nonconforming use more restrictive. Mr. Lamar Russell interjected why the City would call a property nonconforming when the City permits the use. Mr. Morley inputted that should too much time pass (18 months) the abandonment clause goes into effect. Mr. Morgan questioned the definition of abandonment if the owner pays taxes on the property. Mr. Morgan added that nonconformities will naturally cease to exist by attrition. Mr. Dunn asked about the use of "petition" in paragraph one 110- 195(e) and "application" in 110- 195(e)(6). City Council submitted that the code should be consistent and agreed to use "application" instead of "petition ". Mr. Morley suggested that whatever fee is chosen for a change in use should be similar to the variance fee which is currently $250. Mr. Dunn asked if the fees would be waived for hurricane damage. Mr. Morgan asked the City to review a waiver of fees for natural disasters. Attorney Latorre responded that the Building Official has the authority to waive fees. It was noted that the code appendix is changed by resolution. Ms. Bea McNeely asked about "clear and convincing" evidence as opposed to "competent and substantial" evidence. Attorney Latorre noted that these items are guidelines for the board's review of applications and the code does not limit the board's consideration to just those items. A change in use can still be granted if there is a convincing finding. Mayor Pro Tern Hoog asked if the board can deny the request to change use. Attorney Latorre replied that the board may deny a request if it is based on clear and convincing evidence. Attorney Latorre continued that clear and convincing evidence is a higher standard than competent and substantial evidence because the intent is to remove nonconforming uses. Attorney Latorre responded to Mr. Dunn that noise is measured on a case by case basis by the Building Official. City of Cape Canaveral,Florida City Council Code Review Workshop April 18,2006 Page 4 of 4 Mr. Russell noted that after final determination is made through clear and convincing evidence, an order must be written with the reason(s) the Board states that use creates a better benefit, as spelled out at the hearing. The final order is then recommended to the Board of Adjustment. There was discussion that final determination reports are no longer written down and submitted to the Board of Adjustment. Attorney Latorre stated that she would renumber section 110-195(e) items 1-8 and organize them in a more flowing manner. Section 110-195(e)(7) the word "written" will be added before recommendation. ADJOURNMENT: Due to a subsequent City Council Regular Meeting, the Chair adjourned the meeting at 6:50 P.M. Virginia Haas, Assistant City Clerk gr • • 1