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HomeMy WebLinkAbout12-15-2009 Minutes WorkshopCITY COUNCIL WORKSHOP MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 15, 2009 5:30 PM MINUTES CALL TO ORDER: The Chair called the Workshop Meeting to Order at 5:30 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Mayor Council Member Council Member Others Present: City Manager Planning & Development Director Building Official Public Works Director Assistant Public Works Director City Clerk DISCUSSION: Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts (arrived at 5:33 PM) Betty Walsh Bennett Boucher Barry Brown Todd Morley Walter Bandish Jeff Ratliff Angela M. Apperson Review of the Cape Caribe Development Project: Mr. John Grandlich, Homes by Towne/Cape Caribe, thanked City Council for the opportunity to discuss their Site Plan/Developer's Agreement. He introduced his associates, Messrs. Ken Ward, Maath Bennett and Kohn Bennett. Mr. Grandlich presented that over the past 2-1/2 years Cape Caribe has worked with their planners, City Staff and members of the community on their revised site plan. Further, during the past week they met with the impacted residential communities of Solana Shores, Solana Lakes and Shorewood residents. Mr. Ken Ward reviewed the key points contained in their PowerPoint presentation as follows: (a) description of Cape Caribe, (b) benefits provided to the City, (c) economic impact to the surrounding area, (d) patronage to local businesses and (e) tourist dollars generated. City of Cape Canaveral, Florida City Council Workshop Meeting JC December 15, 2009 Page 2 of 5 Mr. Ward stated their purpose this evening was to explain the zoning and land use amendments that were advertised and review the Developer's Agreement that will memorialize their plans for future development. Utilizing an aerial, Mr. Ward reviewed where Cape Caribe stands today; their approved Site Plan as it stands today; and their revised Site Plan which added a 5 acre parcel to the West, reduced the number of buildings between Cape Caribe and Coastal Fuels from three to two, added a conservation buffer, revised the footprint on the second infill building, expanded the pool deck area and removed another building that was on the Plan. Mr. Ward summarized the two issues involving zoning and land use as follows: (a) Administration Change: Ridgewood Avenue extension reservation has been piggybacked into the application, (b) Their request of a 1.2 acre pool deck expansion area. Mr. Ward summarized the four elements contained within the Developer's Agreement between Cape Caribe and the City as follows: 1. Duration and Phasing of the Project 2. Landscaping and Tree Mitigation 3. Sidewalk Easement on Shorewood Drive 4. Stormwater Management Plan Mr. Ward opened up the Q & A portion of the Workshop Meeting. Ms. Roberts thanked Cape Caribe for their briefing and for meeting with the three impacted residential communities. As part of those discussions with the communities, two concerns were raised by the residents: (1) timing of stormwater draw down and (2) the easement along Shorewood Drive. Ms. Roberts clarified that it was Staff's recommendation to grant the public access easement along Shorewood Drive and not the recommendation of Cape Caribe. She informed that the communities were not aware of any proposed easement regarding access to Shorewood. She stated that the communities had talked about working with Cape Caribe to preserve the prerogative of making Shorewood Drive a private access road with security. Ms. Roberts voiced her safety concerns with the proposed easement (narrowness of sidewalk and lack of lighting/parking), and she did not feel it was a well thought out recommendation by the City. Mr. Kohn Bennett responded that Cape Caribe understood that this issue was ultimately a City policy decision based on the input of the impacted communities, and not just that of Cape Caribe. If the City ultimately desired to have an access easement along the east/west section, Cape Caribe would grant it with subsequent stipulations that would need to be discussed. Mr. Bennett proposed, for the purposes of the Developer's City of Cape Canaveral, Florida City Council Workshop Meeting December 15, 2009 Page 3 of 5 Agreement, that the easement issue be couched in terms of, if the City desires, Cape Caribe would grant the easement based on "a,b,c". City Attorney Garganese affirmed for Councilmember Petsos that language could be added to the Developer's Agreement that could make it an option for City Council to exercise in future, at which time Cape Caribe would convey the easement to the City. Ms. Roberts opined that City Staff has yet to meet with the impacted communities and desired that the easement and stormwater issues remain separate. She was concerned that the easement issue was even brought into the Developer's Agreement at this stage. Ms. Roberts shared some concerns raised in the meetings between the communities and Cape Caribe regarding stormwater management as follows: timing/criteria of stormwater draw down, cleaning/maintenance of the lakes, exact location of the artery to the Port and ownership of the equipment related to the pumps. Mayor Randels clarified that the City required the beach access easement as a condition of the Site Plan back in 2001 because it was a requirement of the Comprehensive Plan. Brief discussion revealed a discrepancy regarding whether the requirement was for only the north end along Jetty Park or was the requirement for both the north and sound ends. In response to Ms. Walsh's question, Cape Caribe explained ownership/easement rights of Shorewood Drive and Towne Realty's ownership of Cape Caribe which explained why the sidewalk easement on Shorewood Drive was being included in the Developer's Agreement. Ms. Walsh reviewed prior discussions/meetings related to the sidewalk easement going back to 2001. Mayor Randels confirmed for Ms. Walsh that research into this easement was related to the public beach access easement which now goes between Shorewood and Seaport Oceanfront (northernmost part of Seaport Oceanfront and southernmost part of Shorewood). Mayor Pro Tem Hoog clarified that the original beach access was off of Eberwein Road and it became Villages of Seaport and then the proposed Shorewood Drive. It was made as a walkable access by the P&Z Board and there were no handicap/lighting stipulations. However, it was never formulated in the Developer's Agreement. Mayor Randels requested that Staff research the history of the south beach access. City Attorney Garganese requested to re -address the Shorewood sidewalk easement and proposed the following schedule for the Developer's Agreement to go through the public hearing process: advertising to occur in January, 2010. If that was the Council's desire, he voiced his concern with Item 16 of the Developer's Agreement and requested drafting directions to the Agreement, knowing that the Developer's Agreement could be City of Cape Canaveral, Florida City Council Workshop Meeting December 15, 2009 Page 4 of 5 totally amended during the public hearing process — leave as is, take it out, or insert an option. Mayor Randels stated the sidewalk easement on Shorewood Drive has to be an item of consideration. Ms. Walsh inquired about the landscaping and tree mitigation. City Manager Boucher and Kohn Bennett summarized the Tree Mitigation Plan that was submitted in September 2009. Mayor Randels pointed out that in 2003, the City signed an agreement that if Cape Caribe removed trees, they owed the City 13,386 inches of trees. He did not think that the City could now change that requirement. Discussion of mitigation options followed. Consensus reached on Item #2, Landscaping and Tree Mitigation, that the City Council would accept, on behalf of the residents, $140,000 from Cape Caribe in complete settlement of the Tree Mitigation and Land Clearing Agreement signed on November 6, 2003 to spend at its discretion on landscaping. Item #1, Duration and Phasing of Project: development plan and statutory regulations has several development benchmarks for Attorney opined that a 20 -year agreement benchmarks are met. Discussion followed dependent upon the code in force at the time Mr. Kohn Bennett summarized the project that allow for a 20 -year agreement which performance. Discussion followed. City was reasonable as long as development It was clarified that all construction is Consensus reached on Item #1, Duration and Phasing of Project: Binding Developer's Agreement shall be for a period of 20 years. City Manager Boucher addressed the Concurrency requirements contained within the Agreement. His position was that Cape Caribe was at risk for each phase of development because they may need to mitigate for Concurrency capacity for each phase. He felt they should put money down, like everyone else, because the City may have a large project ready to go and Cape Caribe might be against a Concurrency issue and may have to mitigate at that time. Mr. Kohn Bennett summarized their Concurrency application experience with the City. City Attorney Garganese noted some of the Concurrency issues/levels of service were out of the City's control because other governmental agencies handled them; i.e., City of Cocoa handled potable water for the project and transportation was subject to the County's Ordinance. He stated sewer level of service could be an issue; i.e., do you vest this development on paper and account for it as taking up capacity in the sewer plant? Mr. Boucher's point was that with a 20 -year agreement, if you vest on paper now and the project is delayed and other projects come on board that need the sewer capacity before Cape Caribe does, what " kind of impact would that have on the other development projects. To look at the `" realistic impact, the City needs to know what its sewer capacity is now, how much is in City of Cape Canaveral, Florida City Council Workshop Meeting December 15, 2009 Page 5 of 5 excess and how much is available. Mr. Garganese recommended a partial concurrency and reserve for a couple of years. He stated an open ended concurrency could be a disaster. Council consensus that Cape Caribe work with Staff regarding the Concurrency issue. Council consensus to hold a second workshop on 1/5/11 at 5:30 P.M. to address the two outstanding items and allow for audience input on said items. Adjournment: Meeting adjourned at 7:01 P.M. Angela M. Apperson, CMC, City Clerk A 11