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HomeMy WebLinkAboutMinutes 02-06-2007 WorkshopCITY COUNCIL JOINT WORKSHOP MEETING WITH THE PLANNING & ZONING BOARD CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 6, 2007 5:00 PM MINUTES CALL TO ORDER The Chair called the meeting to order at 5:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos (Arrived at 5:38 P.M.) Mayor Rocky Randels Council Member Shannon Roberts Planning and Zoning Board Members Present Chairperson Bea McNeely Vice Chairperson R. Lamar Russell (Absent) Donald Dunn Dr. John Fredrickson (Absent) John Johanson (Absent) Harry Pearson (Absent) Others Present: City Manager City Attorney City Clerk Building Official City Planner DISCUSSION: Bennett Boucher Anthony Garganese Susan Stills Todd Morley Todd Peetz 1. City Code Review: Article VI Site Plans, 110 -224 through 110 -339 Mayor Randels referred his notes from the previous discussion that ended with Section 110 - 223.5. He asked the City Manager if the City Attorney had prepared a paragraph co for the Applications to expire. Building Official, Todd Morley, questioned what had been decided about the expirations of approved Site Plan. Mayor Randels read from Section 110 -224 and concluded that the City Attorney was tasked to work on the Abandonment City of Cape Canaveral, Florida City Council Joint Workshop Meeting with the Planning and Zoning Board February 6, 2007 Page 2 of 6 section. Mayor Randels made note that Section 110-224 was still a working draft. Mr. Morley stated that there were two items: 1) applications, and 2) approved Site Plans and both sections needed a sunset provision. Mayor Randels stated for the record that these were two the issues in discussion. Ms. McNeely reminded that the City Council gave the final approval, not the Planning and Zoning Board. Mayor Randels made note that in the words in the first sentence, Planning and Zoning Board, should be revised to read City Council. Mr. Morley confirmed that he had many discussions with the City Attorney on the revisions. Section 110 -246. Official zoning map — Adopted. Mayor Randels read the existing Section text and referred to the property that the Porter family owned and that involved some changes. However, the changes were not clearly identified on the City's official zoning map. Todd Peetz, City Planner, explained that a correction was made by returning to the original zoning adoption ordinance to identify that portion of Holman Road and amend the land boundary 50 -feet to the west. Mr. Peetz explained how the County had administrative ability to change up to 660 -feet of land boundary. He clarified that the County's administrative ability was allowed in order to avoid submittals for a full -scale Comprehensive Plan amendment. The City Attorney arrived at this point in the meeting and Mayor Randels explained Mr. Peetz's comment on the County's administrative ability to change its land boundaries. Mr. Peetz explained further for clarification that if a property were cut in half or thirds by different zoning categories, the County was allowed to administratively move the property to match up the property lines to a depth of 660 -feet. Mayor Randels stated his discomfort with such a change in that his residential property line could result in a commercial neighbor. Mr. Nicholas pointed out that the Comprehensive Plan amendment would result in a small -scale amendment. Mr. Peetz clarified that the Comprehensive Plan for residential changes required a full - scale Comprehensive Plan amendment since Florida Statutes only allow for 10 -units or less for a small -scale Comprehensive Plan amendment. Mr. Peetz referred to some of the areas along State Road All where this could be possible. Mr. Nicholas asked at what date and time would a change occur. Mr. Peetz replied that the change could occur on the date of the ordinance or on the date that the last Comprehensive Plan was adopted. Mayor Randels expressed his disfavor with this concept due to its similarity to special exceptions. Mr. Russell asked why the Council would choose to change the zoning to accommodate individual concerns. Discussion concluded that the concept of Administrative changes such as that used in the County was not beneficial to the City's zoning. Mayor Randels continued reading from Section 110 -246 and clarified that the Porter property was changed due to a scrivener's error. Mayor Randels questioned the sentence that related to the zoning map and asked for the location of the Official Zoning Map. Mr. Morley affirmed that there were several available Official Zoning Maps which City of Cape Canaveral, Florida City Council Joint Workshop Meeting with the Planning and Zoning Board February 6, 2007 Page 3 of 6 bore the City seal. The City Manager stated that if the Council desired to have it the map could indicate streets and show more detail. Mr. Nicholas inquired if the maps were revised. Ms. Roberts asked when the last Official Zoning Map was executed. Mr. Peetz replied March 7, 2000. Ms. Roberts expressed that during the Coastal Fuels issue, the community stated that they would like to have one with more detail. Mr. Boucher agreed with Ms. Roberts that the information in the northeast section of the City has changed significantly. Ms. Roberts recommended distributing the maps to other agencies that needed to know about the community. Mr. Peetz replied to Mayor Randels that his firm received its information from the Property Appraisers office who received its information based on what the City provides. Ms. Roberts asked if the City had any provisions with regard to aerial depictions of the City. Mr. Morley replied that the City was not as up-to -date as the County on that type of map. He replied to Mr. Nicholas that sometime in the last year the County provided an aerial photo. Mayor Randels explained that the triangle icons painted in the streets provided a way to identify the streets if the street signage was destroyed. Ms. Roberts clarified that staff would provide the public with a smaller version of the Official Zoning Map. She related that the Business and Cultural Development Board was seeking having some depictions of the City in some tourist friendly manner. Discussion concluded that the City needed new maps with significantly more detail. Mayor Randels also requested to provide smaller sized maps for public distribution. Mr. Peetz suggested a map of 11" by 17" for readability purposes. Section 110 -247. Same. — Replacement. Mayor Randels read the Section text and questioned if the City retained all of the previous zoning maps. The City Clerk affirmed that the maps were in archives. Section 110 -248. Rules for interpretation of district boundaries Mayor Randels read the Section text. Mr. Dunn pointed to the boundaries on the map in Ocean Wood that appear to extend into the ocean. Mayor Randels explained how if the property was purchased by metes and bounds, then that person owned the rights. Mr. Dunn pointed out that Paragraph (4) was not correct then since the boundary did not follow the shoreline. Mayor Randels explained how at one time the County considered submerged land as part of density; however, now the measurement was the mean high water line. Mr. Dunn stated that Ocean Woods does not extend 10 to 15 -feet into the water. Mr. Nicholas questioned if some property owners some years ago received up to the mean high water line as part of a settlement. Mayor Randels replied that when he spoke to the people during the sand re- nourishment project they had an Agreement to install pipes. Mr. Petsos clarified that the Agreement was an easement for the State and County to use their property. City of Cape Canaveral, Florida City Council Joint Workshop Meeting with the Planning and Zoning Board February 6, 2007 Page 4 of 6 Mr. Dunn pointed to the boundaries of Ocean Woods that extended out; however, he stated that the boundary does not in actuality follow the shoreline. He contended that the map is inaccurate in its depiction. Mr. Nicholas said that some other property, such as in Ocean Oaks, might extend to the mean high water line. Mr. Peetz, agreeing with Mr. Petsos, stated that the primary fact was that no construction could occur east of the Coastal Construction Control Line and no property would extend past the mean high water line. Mr. Boucher informed that there was an existing building in the Ocean Oaks property. Mr. Nicholas explained how Ocean Woods was constructed as a Residential Planned Urban Development and that the Building Office approved type of permitting on the last day allowable. Mayor Randels continued to read the Section text beginning with Section (5). Mr. Boucher replied to Mr. Russell that staff would provide two maps: one in color with detailed streets and an aerial map. Section 110 -249. Application of district requirements There was no discussion on this section. Section 110 -250. Conformity Mayor Randels read the Section text and he asked if a hotel could move furniture in prior to occupancy with reference to Paragraph (3). Mr. Morley stated that the City has a definition of occupancy and in the case of a hotel that was a business use. He affirmed for Mr. Russell that a hotel only receives a Certificate of Occupancy for all buildings and phased in Certificates of Occupancy was not permitted. Ms. Roberts commended the Building Official for requiring Certificates of Occupancy before the whole building was completed due to a circumstance that resulted in the Avon- by -the- Sea area. The Building Official extended the credit to those who crafted the Ordinance. Section 110 -251. Structure height, maximum units, lot area, setbacks Mayor Randels read the Code Section text. He referred to his notes and he questioned if a permit were required for a carport. Mr. Morley replied that a permit must be issued and if the carport encroaches into the front setback then it would not be allowed. Mr. Russell explained that carport construction was permissible within a certain percentage of the lot coverage. Mayor Randels pointed out how proposed construction could have other uses such as a mother -in -law suite. Mr. Nicholas replied that a mother -in -law suite would accommodate a family member and was not rental property. Mr. Russell explained that as long as one did not exceed the percentage of lot coverage, or the setback, as Mr. Nicholas added, then the construction was permissible. City of Cape Canaveral, Florida City Council Joint Workshop Meeting with the Planning and Zoning Board February 6, 2007 Page 5 of 6 Section 110 -252. Duplicate use of setbacks, open space, parking space Mr. Peetz explained that a business could share parking spaces with an adjacent business when that business was not in service; however, adequate space was still required for the predominate business. Mayor Pro Tem Hoog stated the supposition of what would occur if there were a Land Use change after people decided to share usage. Mr. Morley replied that the situation would alert a Code Enforcement complaint. Mr. Russell stated his position for the Council not to encourage shared parking. Mr. Petsos pointed out that shared parking was better left to an occasional use; however, if the property was redeveloped the Building Office would need to address it as a Code Enforcement matter. Mr. Morley stated that Mr. Kabboord suggested during the Planning and Zoning Board meeting that additional parking occur at City Hall; however, this comment might not have been a factual statement. Mr. Russell requested, for the record, to obtain a copy of the previous Planning and Zoning Board meeting Minutes on this discussion. Discussion followed on creating a problem by allowing the privilege and then seeking to regulate after the Agreement was no longer in effect. Mr. Morley informed that if an owner disclosed a Shared Parking Agreement, then the City would abide by the Agreement. Mr. Morley clarified that La Fiesta Restaurant changed their menu to include beer and wine, which only changed their inspections with the Fire Department and their Occupational License. Mr. Peetz suggested that a shared Agreement for parking required recording and the use would continue in perpetuity with the land. Mr. Morley replied to Mayor Randels that the new Hog Heaven restaurant was allowed their two parking spaces; however, the entire plaza was considered as a whole. Mayor Randels questioned for a point of order if language was needed in this Code section. Mr. Morley clarified that there was no duel use of setbacks. Mr. Morley stated that shared parking guidelines were addressed under City Code Section 110-492. Mr. Morley replied to Mayor Randels that an applicant could request a variance under the requirements of the chapter and provide evidence that the additional parking was deserved. Mr. Peetz added that the applicant could obtain a shared parking agreement for within 400 -feet. Mr. Morley stated that Mr. Kabboord testified that he would have 32 spaces and one handicapped parking space. Mr. Morley replied to Mayor Randels that the Business Center at 110 Polk Avenue was considered a consisting non - conformity for its eight businesses with six parking spaces. Discussion continued on ensuring that a new business was certain on its parking requirements. Mr. Morley informed that there was an information packet that outlined the requirements when an applicant opened a business. Ms. McNeely replied to the Council that the Kabboord property's Special Exception was approved with eight (8) conditions. City of Cape Canaveral, Florida City Council Joint Workshop Meeting with the Planning and Zoning Board February 6, 2007 Page 6 of 6 Ms. Roberts pointed out that the lead statement might need an amendment to clarify "off-street" parking. Mr. Morley stated that the Code Section might be losing some of its intent in the discussion and he explained how there was no overlapping and the parking was sufficient within the property line setback requirement. Mayor Randels concluded that each business had the minimum amount of parking for their establishment. He stated on a final note that the Code section was specifically for duplicate use and not to address if a business had adequate parking. Mayor Randels made note of this section for possible further discussion. Section 110-253. Reuse of area for density calculations. Mayor Randels read the Code Section text in Paragraph (a) and asked if there were any way to indicate the number of spaces for each constructed building. Mayor Randels questioned if there were existing building that do not indicate the correct number of spaces. Mr. Morley affirmed that there were such buildings that existed, for example, at the corner of Center Street and State Road Al A. Mr. Peetz pointed out that there was no way to reuse the number of spaces related to the number of existing units. Mayor Randels continued and read the Code Section text in Paragraph (b). Mr. Morley informed that he had no knowledge of the document and density was indicated on the Site Plan. Mr. Boucher stated that he did not think Paragraph (b) was relevant any longer. Ms. Roberts explained how a similar situation might exist with the Ron Jon Cape Caribe Resort in that they were borrowing from one zone into another zone to count the livable units and the allowed number of parking spaces. She mentioned that during a previous discussion related to the Ron Jon's property, the citizens viewed the property as segmented and Ron Jon's thought of the property as one approved use. Mr. Morley clarified that Ron Jon's was hoping to amend the property to the existing Site Plan, and again, there would be one document. Ms. Roberts expressed that for the community it was confusing to identify what was an allowable use and what was allowed to be counted for their purposes. She stated that specific density calculations s' would have assisted in this situation. Mayor Randels concluded that the City did not indicate that the land was no longer available. The Chair made the notation for the record that the meeting ended between paragraphs (a) and (b) of Section 110-253. There being no further business the Chair adjourned the meeting at 6:47 P.M. : 1 . Susan S itfs,' MC; City Clerk x