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HomeMy WebLinkAbout03-15-1999 Workshop Meeting1 Call to Order: Roll Call: Discussion: CITY COUNCIL WORKSHOP MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida MONDAY March 15,1999 5:00 P.M. MINUTES Council Members Present Tony Hernandez Richard Treverton Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Members Absent Burt Bruns Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett Assistant City Clerk, Susan Stills Building Official, Dennis Franklin Code Enforcement, Greg Mullins Planning & Zoning Technician, Steven Bapp Planning & Zoning Chairperson, Beatrice McNeely Planning & Zoning Vice Chairperson, R. Lamar Russell Mr. Boucher reported that notices were sent to adjacent property owners and one letter was received in reply. This letter from Cape Canaveral Joint Ventures addressed concern with shopping centers as a permitted use. Mayor Randels queried staff and Planning and Zoning Chairpersons if they had received any letters relevant to discussion. Mayor Randels then related that Mr. Art Berger has a concern that mini- warehouses should be permitted in C -2 zoning. Mr. Treverton clarified that the ordinance would change some M -1 zoning to C -2 zoning which would subsequently disallow M -1 uses in certain districts. Mr. Treverton then asked for a list of disallowed uses. Mr. Russell reviewed allowable M -1 uses from Chapter 110 -352 of the City code. Mr. Mullins requested that Council provide a provision for special exceptions in that zoning district due to motor vehicle repair shops that operate outdoors. Mayor Pro Tem Petsos clarified that automotive service stations can only perform work indoors which subsequently restricts gas stations but not motor vehicle repair shops. Mayor Randels questioned if Council proposed auto repair work in the C -2 zoning district. Council continued discussion on the auto storage while in repair issue. Mr. Russell suggested removing motor vehicle repair shop from C -2 zoning and replacing this language with automotive service station. 1 City of Cape Canaveral, Florida City Council Workshop Meeting Minutes March 15, 1999 Page 2 Attorney Bennett clarified that Council would delete paragraph 14, motor vehicle repair, in its entirety. Mr. Russell stated that Adult Entertainment would remain in M -1 zoning. Mr. Treverton continued discussion addressing mini storage warehouses. Mr. Russell explained the possible consequences of allowing mini storage warehouses on the A1A corridor. Mayor Pro Tem Petsos questioned the aesthetics of allowing these structures on the A1A corridor. Mr. Russell explained that the storage warehouse could be located in the rear of Mr. Berger's property, however other structures would be located on the front along the corridor. He stated that if mini storage is not allowed on the front it could be done by special exception. Mr. Treverton asked for clarification on special exceptions. Mr. Russell explained that the Planning and Zoning board would review any special exceptions and impose any conditions on appearance, construction or architecture. Mayor Pro Tem Petsos questioned the City Attorney on the consequence of similar structures if mini storage warehouses were made special exceptions. Attorney Bennett responded that if special exception requirements are met then the structures are allowed. Mr. Russell related that neighborhood compatibility is the criteria for special exception. He noted that neighborhood compatibility is susceptible to the Planning and Zoning Board and City Council. Mayor Pro Tem Petsos stated that compatibility on the A1A corridor is not evident Mr. Russell stated that under the current ordinance M -1 zoning is allowed along the highway. Mayor Randels queried if this defers responsibility to another Board. Mr. Russell responded that the Planning and Zoning Board would review any special exceptions. Mr. Mullins pointed out the north area under discussion is zoned C -1 which prohibits mini storage warehouses. Mayor Randels questioned if Council wants mini warehouse and if so, would Council want them in the C -2 zoning district to regulate by special exception. Attorney Bennett called for Council's decision on the C -2 zoning district. Mayor Randels clarified the question under discussion as, 1) to leave the zoning as existing, 2) to allow it by special exception, or 3) to make it principal use. Council disagreed by majority to make it principal use. Mr. Mullins questioned the change in use from M -1 to C -2 Zoning. Mayor Randels clarified that there is no taking if the zoning is properly changed. Attorney Bennett stated that the ordinance would include on Page 7, a new item Number 11 to read "mini storage" with the same language as in M -1 zoning. Mayor Randels explained that this would allow the City to review any future mini warehouses on other parcels. Mayor Randels stated in conclusion that the consensus of Council is to include a new item, Number 11., mini storage warehouses proposed through special exception. Attorney Bennett addressed Item No. 1, on Page 1 regarding the language for retail storage, sales and display rooms. He proposed changing the language to include shopping centers. Mayor Randels questioned if this language would address the concern of the letter from Randy May who is a joint partner in the 8550 Astronaut Blvd. Mr. May's concern was if a tenant were to move, the property could become a shopping center. 1 1 City of Cape Canaveral, Florida City Council Workshop Meeting Minutes March 15, 1999 Page 3 Attorney Bennett clarified that the term shopping center is applied to various properties. Mayor Randels asked the Planning and Zoning Board Chairperson's for input. Mr. Russell stated that he concurred with adding the language shopping centers. Mayor Randels queried the Building Official. Mr. Franklin stated that shopping centers is agreeable as an umbrella term. Mr. Hernandez arrived at this time (5:50 P.M) Mayor Randels concluded that by adding shopping centers to Section 110 -381 it would now read "retail stores, sales and display rooms and shopping centers." Attorney Bennett questioned for clarification if this included any size shopping center excluding the 10 -acre minimum in the M -1 zoning. Mr. Franklin stated that under the City code the definition for shopping center is 3 or more units for the purposes of mercantilism and this inclusion would cover any retail stores with additional units. Mr. Treverton queried the order of items. Mr. Bapp stated that there was an error in the numbering. He pointed out Page 2, Number 8 "Automobile Service Stations." Mayor Randels clarified that the current Number 8, "Automotive Service Stations" would place last since it involves two and one -half pages and Number 13, "Manufacturing" would come before Number Eight. Mr. Treverton questioned "Prohibited Uses and Structures on Page 8, Number Two. He queried the meaning of a performance standard. Attorney Bennett directed him to the preceding ordinance. Mr. Russell explained that Section 110- 466 provides a clear definition. Mr. Treverton addressed Page 4, dry cleaning establishments using non - flammable solvents and cleaning fluids as determined by the Fire Chief. He expressed that this is more of a Public Safe and Health concern, not zoning. Mayor Randels explained a difference in a dry cleaning establishment as a business that accepts dry cleaning with processing done off - premises. Attorney Bennett stated that the language from one zoning district to another needs consistency. As an example, he pointed out the language in C -1, Item 7, Section 110 -334. Mr. Treverton proposed to separate dry cleaning establishments from dry cleaning processing. Mayor Randels clarified that this proposal would remove Item No. 11 from Page 4, regarding dry cleaning establishments and creates a separate item, Number Three. Mr. Mullins questioned dispensing alcoholic beverages for off - premise consumption in proposed C -2 zoning. Attorney Bennett explained that this zoning is stringently regulated by distance requirement. Mayor Randels clarified the questioned in that previous C -1 zoning allowed retail sale of alcoholic beverages for ofd premise consumption that is not evident in the proposed ordinance. Mr. Mullins expressed concern with the consequences of the allowances in C -2 zoning. Mr. Bapp explained that under Section 110 -171, "Special Exceptions for Alcoholic Beverages, " would circumvent Board of Adjustment 1 City of Cape Canaveral, Florida City Council Workshop Meeting Minutes March 15, 1999 Page 4 review and the required fee, however, a distance requirement must still be met. Mr. Treverton asked the Planning and Zoning Board Chairpersons why a certain portion of C -1 zoning was not addressed. Mr. Russell explained that the Planning and Zoning Board's intention was to address areas of potential blight and C -1 zoning was not a target for change. Mayor Pro Tem Petsos addressed Page 4, Number 12, "Retail Sales Using Outside Display Areas." He expressed concern with outside display areas and asked the Planning and Zoning Board Chairpersons if they desired outside display. Ms. McNeely responded that the Board discussed limiting such display. Mayor Pro Tem Petsos asked if this section could be omitted. Council agreed by majority to delete Number 12, Page 4, Retail Sales Using Outside Display Areas. Mayor Pro Tem Petsos queried if Silver and Plated Manufacturing progress toward a foundry type productions. Mr. Boucher responded that since metal work is allowed in other areas of production that point is questionable. Mr. Treverton related that photographic equipment and supplies under Item F could include some industrial chemicals as well. Mr. Russell explained that through history the first zoning ordinance created zoning that provided for the industries of the time. Mr. Hernandez questioned about Page 4, Number 9 regarding Vocational and Trade Schools not involved in an industrial nature such as truck driving schools, however, this is allowed as a special exception. Mr. Russell explained that this item was not considered. Mr. Hernandez asked if a special exception remains with the owner or the land. Mr. Russell responded that special exceptions remain with the owner. Mr. Hernandez requested removing Section 110 -383, Section C, Subsection 2 on Page 6 from the ordinance. Mr. Russell explained that such a school would come under review from the Board of Adjustment. He stated that compatibility is the main requirement for a special exception. Mr. Franklin queried about a special exception remaining with the owner. Mr. Russell explained that the owner requests a special use for the property. The special exception is available for that applicant's use for a long as required, however, if the applicant fails to use the special exception the request ceases within eighteen months. He stated that a variance remains with the property. Council agreed by majority to retain Section 110 -383, Section C, and Sub - section 2. Mayor Randels questioned about Item 5 on Page 2 that reads, "Non - Commercial Public Parks, Commercial Indoor Playgrounds." Mayor Randels asked if the intent was to exclude outdoor skating rinks. Attorney Bennett concurred. Mayor Randels also questioned about Item 2 on Page 9 regarding minimum setbacks. He stated that currently in Item 2, the interior lot line is 15 -feet as opposed to the zero lot line in C -1 zoning. Attorney Bennett explained that the Planning and Zoning Board decided that the M -1 setbacks were more appropriate because manufacturing is still allowed in C -2 zoning. 1 City of Cape Canaveral, Florida City Council Workshop Meeting Minutes March 15, 1999 Page 5 i Mayor Randels noted that the lot line was increased from 10-feet to 15-feet in the rear setback. Mr. Treverton addressed the USA Space Alliance property in light of the proposed C-2 1 zoning district revisions. He queried why there was no representative from the company ) at this workshop meeting. Mr. Russell explained that Mr. Greg Dickson, USA Space Alliance facilities manager, maintains an amicable working relationship with the . Planning and Zoning Board on various issues. Mr. Mullins asked if there would be a special exception for outside storage in M-1 zoning. Attorney Bennett explained that existing developed property can retain the current use and possible expansion would become a non-conforming use subject to a special exception. Council agreed by majority to schedule the C-2 zoning district regulations for further discussion at a regularly scheduled City Council meeting. Mr. Russell gave a short presentation on the History of Cape Canaveral Zoning Maps. There being no further business the meeting adjourned at 6:50 P.M. r r 44 Susan`Stills, Assistant City Clerk 4 A n 1 f , Vf 1 / z f Df k 1 `ti '' 4 t 1 Ca tf l 1 t i 3 3 T f j