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HomeMy WebLinkAboutP&Z Agenda Packet 10/08/2014CALL TO ORDER: ROLL CALL: City of Cape Canaveral PLANNING & ZONING BOARD REGULAR MEETING 'E CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE OCTOBER 8, 2014 6:00 P.M. AGENDA PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the Planning & Zoning Board excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The Planning & Zoning Board will not take any action under the "Reports and Open Discussion" section of the agenda. The Planning & Zoning Board may schedule items not on the agenda as regular items and act upon them in the future. NEW BUSINESS: 1. Approval of Meeting Minutes: August 27, 2014 2. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation to Board of Adjustment Re: Special Exception Request No. 14-04 to allow an Assisted Living Facility in the R-3 Zoning District, per City Code of Ordinances, Section 110-314 (6), Special Exceptions permissible by the Board of Adjustment - (700 W. Central Boulevard). 3. Quasi -Judicial and/or Public Hearing: Recommendation to City Council Re: Ordinance - 2014 to amend the Code of Ordinances to Revise Section 110-538 to allow certain encroachments within required setbacks. 110 Polk Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: info(cr)cityofcapecanaveral.org Planning & Zoning Board Meeting Agenda October 8, 2014 Page 2 REPORTS AND OPEN DISCUSSION: ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Planning & Zoning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Community & Economic Development Department (868-1222, ext. 15) 48 hours in advance of the meeting. 110 Polk Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: info (& cityofcapecanaveral.org PLANNING & ZONING BOARD MEETING MINUTES AUGUST 27, 2014 A Meeting of the Planning & Zoning Board was held on Wednesday, August 27, 2014, at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to Order at 6:05 p.m. by Chairperson John Price. The Secretary called the roll. ROLL CALL: MEMBERS PRESENT John Price Chairperson Lamar Russell Vice Chairperson John Fredrickson Ron Friedman Harry Pearson Craig Kittleson OTHERS PRESENT Kimberly Kopp Assistant City Attorney David Dickey Planning & Zoning Director Susan Juliano Secretary PUBLIC PARTICIPATION: Assistant City Attorney Kimberly Kopp informed the public that if anyone wished to address a specific topic that may be in front of the Planning & Zoning Board in the near future as aQuasi- Judicial and/or Public Hearing agenda item, they must wait for that specific meeting. Cape Shores resident Robert Metz addressed the Board on the Cumberland Farms issue. Ms. Kopp presented that this item would eventually come before the Planning & Zoning Board. Staff has not presented anything to the Board; therefore, it may not hear any evidence on this item beforehand. Additionally, the applicant is not present. Mr. Metz was under the impression that signage for Cumberland Farms had been approved. Mr. Dickey clarified that Cumberland Farms has only submitted an application for tree removal and it has not yet been scheduled to move forward. Staff is working with the developer and at the earliest, it may be heard at the October City Council meeting. Cape Shores resident Howard Frey addressed the Board stating residents had several concerns with the proposed Cumberland Farms project. Ms. Kopp presented, again, that this item would eventually come before the Board and to please hold his comments until the evidentiary hearing at which time he could speak. Planning & Zoning Board Meeting Minutes August 27, 2014 Mr. Price presented that comments being addressed to the Board regarding Cumberland Farms may not be appropriate for this meeting and requested the public to consider that fact prior to addressing the Board. Cape Shores residentiboard member Rebecca Rowe addressed the Board and read a prepared letter. Ms. Kopp asked if the letter was about Cumberland Farms to which Ms. Rowe replied it was, but it was not specifically mentioned in the letter. Ms. Kopp allowed her to continue reading about the habitat concerns for the City as long as she was not referring to a proposed property for a future evidentiary hearing. Ms. Kopp asked the Board not to respond. Ms. Rowe submitted her letter to the Board Secretary. Resident Ray Osborne read and submitted his letter entitled "Continuing to Build the Vision for our City" to the Board Secretary. Cape Shores resident Suzanne Elliott addressed the Board and read a poem, "The Tree Speaks." She asked the Board to remember that we are the City of trees. Mrs. Elliott submitted the poem to the Board Secretary. Cape Shores resident Lorraine Stick addressed the Board regarding traffic impact caused by what she was not permitted to talk about. Ms. Kopp stated when that item comes before the Board, she can come back and speak on the item. Cape Shores resident Eric Braga addressed the Board and spoke about its meaning and the reason members chose to sit on the Board. He stated the Board has the opportunity to ask more of the developer and builder of certain projects. He expressed that residents want smart development. There being no one else wishing to speak, the Board moved on to New Business. NEW BUSINESS 1. Approval of Meeting Minutes: June 25, 2014 Motion by Dr. Fredrickson, seconded by Mr. Russell to approve the June 25, 2014 minutes. Motion carried unanimously. 2. Interview & Recommendation to City Council Re: Potential Board Members, Mike Moulton and Donald Willis. Interview: Mike Moulton Mr. Moulton stated that he has attended P&Z meetings over the last few months and would like to share his personal value. He responded to various question from board members and the public. In response to Ms. Kopp, Mr. Moulton stated he votes, but is not registered to vote in Brevard County. Planning & Zoning Board Meeting Minutes August 27, 2014 Interview: Don Willis Mr. Willis stated he was a small business owner in the technical sector for approximately 30 years. He wanted to live in a beach community and moved to Cape Canaveral three years ago. His fust choice of boards is the Business & Economic Development Board. Mr. Willis responded to various questions from board members and the public. Mr. Osborne approached the podium and recommended Mr. Willis, which was followed by a discussion between Mr. Osborne and Mr. Russell regarding same. Mr. Dickey approached the Board and informed them that Mr. Willis has qualified as a candidate for City Council. He also informed the Board that he had received an email from Mr. Friedman who could not attend the meeting, that he highly recommends Mr. Moulton to fill the vacant seat on the Board. Motion by Mr. Russell, seconded by Mr. Pearson to recommend Mr. Moulton be interviewed by the City Council to fill the Board vacancy. Motion carried unanimously. Mr. Dickey informed the Board that Mr. Willis will be interviewed by the Business & Economic Development Board at its August 28, 2014 meeting. 3. Quasi -Judicial and/or Public Hearing: Recommendation to City Council Re: Ordinance = 2014 to amend the Code of Ordinances to Revise Section 110- 538 to allow certain encroachments with required setbacks. Mr. Dickey read his Staff Report to the Board and advised there would be some minor text changes to the Code. Staff is recommending approval for this change. Discussion included whether the list consisted of all setbacks, including rear; that many air conditioners are not in compliance; that certain verbiage that was in this Code in 1983 is now missing and the suggestion that Staff research the Code to determine where the verbiage fell out and bring forward to the Board the list of setbacks for discussion; that quite a few pool pumps/air conditioners/propane tanks are on side setbacks as a result of the Code years ago vs. today's Code; that A/C units/pool equipment are more efficient with less noise than years ago; and the Special Exception approval process. Motion by Mr. Kittleson, seconded by Mr. Russell to table this item until Staff has the opportunity to review the 1983 Code and bring forward to the Board additional information. Mr. Pearson; AGAINST, Mr. Kittleson; FOR, Dr. Fredrickson; FOR, Mr. Russell; FOR, Mr. Price; FOR. Motion approved by majority vote. 4. Quasi -Judicial and/or Public Hearing: Recommendation to City Council Re: Ordinance _-2014 to amend the Code of Ordinances to Revise Article X. AlA ECONOMIC OPPORTUNITY OVERLAY DISTRICT to expand the boundaries and revise various Sections. 3 Planning & Zoning Board Meeting Minutes August 27, 2014 Mr. Dickey requested that this item be pulled from the Agenda. Staff is working on some additional language; item will be placed on the next P&Z Agenda. 5. Quasi -Judicial and/or Public Hearing: Recommendation to City Council Re: Ordinance _-2014 to amend the Code of Ordinances to Revise Section 22-43 to provide for administrative extension of Community Appearance Board approvals. Mr. Dickey read his Staff Report to the Board and presented that Staff is looking to achieve consistency. The majority of approvals can be administratively extended with the exception of two that cannot. Discussion included how administrative extensions would help the business community as there would no longer be the need to come back to the Board; thereby, reducing fees. Motion by Mr. Russell, seconded by Mr. Kittleson to recommend approval of Ordinance -2014 to City Council. Motion carried unanimously. REPORTS & OPEN DISCUSSION: Motion by Mr. Price, seconded by Mr. Russell to adjourn the meeting. ADJOURNMENT: There being no further business, the meeting adjourned at 7:30 p.m. Approved on this day of , 2014. John Price, Chairperson Susan Juliano, Secretary 4 City of Cape Canaveral Planning and Zoning Board Meeting Date: 10/08/2014 Item No. I. - Subject: Special Exception Request No. 2014-04 — Assisted Living Facility in the R-3 Zoning Category — 700 W. Central Boulevard Department: Community & Economic Development (C&ED) Applicant/Owner: Puerto Del Rio, LLC Summary: On November 26, 2010, the City Council adopted Ordinance No. 17-2010 to establish Assisted Living Facilities (ALF) as a special exception use in the R-3 zoning district. An ALF is designed specifically for persons who require assistance with some or all of their self/personal care. They are between independent living facilities and skilled nursing homes in the continuum of care. On June 30, 2011, the City Council approved a Binding Developer's Agreement with Puerto Del Rio, L.L.C., Inc. regarding the development of the Casa Canaveral Assisted Living Facility (ALF) located at 700 W. Central Boulevard in Cape Canaveral. The project consists of a 288 bed facility on 7.7 acres. The property is an undeveloped portion of Phase III of the Puerto Del Rio Condominium development. As part of the City's approval process, a number of entitlements have been granted to the project. These include: 1. Special Exception No. 11-02 was recommended for approval by the Planning & Zoning Board on April 13, 2011 (see attached minutes), and subsequently approved by the Board of Adjustment on August 28, 2011, to allow for the construction of an Assisted Living Facility for property at 700 W. Central Boulevard. The SE was extended by the Board of Adjustment on August 30, 2012, and again on August 8, 2013. This approval expired on August 8, 2014. 2. Variance No. 11-03 was granted on April 28, 2011. It was subsequently extended on August 30, 2012 and again on August 8, 2103. This approval expired on August 8, 2014. 3. The Community Appearance Board approved a Level 1 review on February 16, 2011. It was extended on August 15, 2012, August 7, 2013, and August 6, 2014. This approval will be valid until August 6, 2015. 4. The City Council, on September 17, 2013, approved a Modification to Binding Developer's Agreement to remove eight (8) units from the northwest corner of the project. This approval extended Site Plan Approval until September 17, 2014. An extension was granted on September 8, 2014, extending Site Plan Approval until March 17, 2015. Planning and Zoning Board Meeting Date: 10/08/2014 Special Exception No. 2014-04 Page 2 of 2 Approvals 1 and 2 have lapsed. For this reason, Special Exception No. 14-04 is being presented to the Planning & Zoning Board for its consideration and recommendation to the Board of Adjustment. The project remains the same as when it was approved in August 2011. Sec. 110-39 (c) of the City Code establishes certain criteria that must be evaluated when a recommendation to the Board of Adjustment is being considered. For a detailed analysis of the criteria associated with the proposed use, please see the attached staff analysis and worksheet. Subject Property Future Land Use/Zoning Designation: Residential/R-3 Surrounding zoning: North — C-1 South — R-3 East — C-1 West — R-3 Surrounding uses: North — Retail South — Multi -family residential East — Retail West — Multi -family residential Submitting Director: David Dickey Date: 9/29/2014 Attachments: #1 — Location Map #2 — Site Plan #3 — Rendered Elevation #4 — Legal Description #5 — August 13, 2011 P&Z Board Meeting Minutes #6 — Staff Analysis and Worksheet — SE No. 2014-04 The C&ED Staff recommends that the Planning and Zoning Board take the following action(s): Recommend approval of Special Exception No. 2014-04. Approved by C&ED Director: Todd Morley Date: P&Z Board Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment Z Attachment 3 WEST ELEVATION ■cru : yr . r.r SOUTH ELEVATION 6CAL! : yr . I-V CASA CANAVERAL A AIEW ASSISTED UV AOG FACILITY M WEV CENIM BODUMM WE QAMVM&, FLOPWA waw ==am DANNY P. RINGDAHL Attachment on W24VIM! 1 Q38 T "A" UW,%LDFqCxpN ' f A Wnd otlard Vn b U ttor L% Tevoa P U soi dW ftWW ga48�. d gt i&%Mini Ufodo M Q& 5ftQ* Corm sodsi l d 3eada�h �• o1cfOQ'I,RadeeVNs pfd snagWietatid t4eNoeti p amHPunaw wafded or lbe� d7 ply �k JiY'3� �s 0l71, . RrMMd�2137afd $000r�iBpoic3�+�,p��,.�of UV, Flod* Wft labn Wdnkd7 deraW of i►or'alb6ta[8 , meoaestaakftmftxpfgw orti Rut tp v i 7p� OIDdMltooae W"rmv od �i�eefeeapge��e�il� ��•�=P�i�raA4lasoe�l7i.73 fontisbn�efipfiwt&thow"tuf 'iamOJMAd3tsPDrftX@A3ftrW oftieao��, i'aas 1167 fni Q�yd�dtB.atcZ0i4,ffeta dWe of14�6.1� feet to iue fote.e.of(.a � tieeatd Notts *t�t.�,*q lioaaW epehiwa efave Newt! t ; �� � andfddeaeve _ 3ii,40 • eboid mot& � for d are e "4 fnkrto � tot 3 �1't,ta rp*X* W a 4�l of s ��� het, ro ■ rat4t �hLo6 Attachment #5 PLANNING & ZONING BOARD MEETING MINUTES APRIL 13, 2011 A Regular Meeting of the Planning & Zoning Board was held on April 13, 2011, at the City Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Bea McNeely John Fredrickson Harry Pearson Donald Dunn Ron Friedman OTHERS PRESENT Susan Chapman Kim Kopp Barry Brown NEW BUSINESS Chairperson Vice Chairperson 1 n Alternate Secretary City Attorney's Office Planning & Development Director Approval of Meeting Minutes: March 23, 2011. Motion by Harry Pearson, seconded by Bea McNeely, to approve the meeting minutes of March 23, 2011. Motion carried unanimously. 2. Recommendation to Board of Adiustment Re: Special Exception Request No. 11-02 to Allow for an Assisted Living Facility in the R-3 Zoning District, Section 23, Township 24 South, Range 37 East, Parcel 510.0 — (700 W. Central Boulevard) — Danny P. Ringdahl for Puerto Del Rio LLC, Applicant. Mr. Brown reported that this request is for a Special Exception to allow for an assisted living facility in the R-3 zoning district, as provided in Section 110-413(6) of the City code. The applicant and property owner is Danny Ringdahl; the subject property is an undeveloped portion of Phase 3A of the Puerto Del Rio Condominium development; the Future Land Use and Zoning designation is R-3, Medium Density Residential. Mr. Brown summarized the request. He advised that Mr. Ringdahl planned to construct an assisted living facility on the undeveloped portion of his property. In November of last year, the City revised its code to allow for assisted living facilities as a special exception use in the R-3 zoning district. Mr. Ringdahl had met with staff numerous times in an attempt to design an assisted living facility that met City code and was economically feasible. Mr. Brown explained that the facility was allowed to have 288 beds in accordance with the density equivalency established in Section 110-1 of the City code. He advised that staff considers an assisted living facility to be a needed housing option in the community; that the proposed project is Planning & Zoning Board Meeting Minutes April 13, 2011 Page 2 of 5 appropriately located; and it is an important economic development opportunity. He stated that staff recommends approval of the requested special exception. Danny Ringdahl, property owner and developer, explained the three levels of care that the facility will provide. He advised that the proposed facility would be located on approximately 8 acres of phase 3A of the Puerto Del Rio project. He noted that the people living at Puerto Del Rio appeared very excited about the project, as well as City staff, and others throughout the community. He described the facility as not just a nursing home, but rather a resort type facility, full service and self-contained. Full dietary meals will be provided, snacks will be available between main dining times; pets will be restricted because of allergies, but will be a consideration. Kendall Keith of Planning Design Group provided a response to evaluation criteria on the Special Exception Worksheet. He advised that the subject property was uniquely situated between existing residential to the West and commercial uses to the East. The proposed use serves as an ideal transition from commercial uses on All and the residential use to the West and is highly compatible with the adjacent residential uses. The architecture of the ALF was designed so that the massing and height of the building is harmonious with the adjacent Puerto Del Rio condominiums. The building face was offset so that each building face is no larger than 80 feet to match the existing condominiums. ALF residents have a reduced reliance on automobiles so there will be a corresponding reduction in the total number of vehicular trips associated with the ALF as compared to the previously approved residential condominiums. As such, the City was able to maintain an adequate level of service on the roadway to serve the residents without the need to expand roadway capacity. All service areas including loading areas and dumpsters are located on the eastern border, adjacent to commercial and as far away from existing residential, as possible. The parking and traffic circulation were designed to have minimum impact to other properties in the surrounding area. Storm water runoff is addressed by a shared retention pond to the west of the development. Loading docks and dumpsters will be screened from public view. The size and shape of the site, the proposed access, internal circulation, and design enhancements are adequate to accommodate the proposed scale and intensity of the special exception requested. Signage will be subject to review and approval by the Community Appearance Board. The ALF is a residential facility that will be occupied and staffed 24 hours a day. Adequate off-street parking will be provided and meet City code. All traffic circulation was reviewed by engineering and public safety officials for adequate traffic flow and emergency access. All loading and service areas are located on the East side of the building as shown on the site plan. Public utilities are available to the site. Sewer lines and lift station are being increased to serve the project. Concurrency evaluation for all utilities is required prior to issuance of a building permit. All ALFs are required to prepare an emergency evacuation plan that must be approved by the State prior to issuance of a license. It is projected that the proposed use would have significantly less impact on public services than the previously approved residential condominiums. The subject property is located in an urbanized area and the site was previously graded and prepared for development. Due to the location of the property the building is not in a location that will block views of or breezes from the Atlantic Ocean or Banana River. The ALF will fulfill a specific housing need that is not currently being met in the community. According to AARP, people facing the harsh reality of having to deal with the impaired capacity of loved ones or themselves, are requesting that services be delivered in their homes or in a more home -like community setting such as ALF's. Economically, environmentally, and socially, it makes sense that residents receive these Planning & Zoning Board Meeting Minutes April 13, 2011 Page 3 of 5 services in their community where they can continue to live, play, and contribute. Home and community-based facilities such as Casa Canaveral ALF will offer residents a high degree of communication and interaction, companionship, and an improved quality of life. Certain on-site amenities such as community dining will greatly reduce the isolation that the elderly tend to experience when living alone. Citizens attending the meeting inquired about: zoning, traffic impact, traffic flow, access, unit sizes, number of floors, building height, parking (including emergency access to some of the Puerto Del Rio buildings), entrance location, loading areas, dumpster location, number of employees, landscaping, buffering, open space, and size of this facility vs. others in Brevard County. All of the residents' inquiries were addressed by City staff, the developer, the project engineer, and the project architect; however, not all inquiries were resolved as they are site plan issues that will be addressed during the site plan review process. Mr. Brown anticipated that the ALF site plans would be presented to the P&Z Board for review and recommendation on April 27th or May 4"' and then approved by the City Council on May 17, 2011. He announced that a Board of Adjustment meeting had been scheduled for April 28"' to make a final decision on the ALF Special Exception and Variances requests. Brief discussion followed. Motion by John Fredrickson, seconded by Donald Dunn, to recommend approval of Special Exception Request No. 11-02 as requested. Vote on the motion carried unanimously. 3. Recommendation to Board of Adjustment Re: Variance Request No 11-03 to Allow for 314 (6); and Allow for a Setback to Exceed the Minimum Allowed from a Residential Property Line per Section 110-488 (al of the Cape Canaveral Code of Ordinances Section 23 Townshiv 24 South Range 37 East Parcel 510.0 — 700 W. Central Boulevard) --Danny P. Ringdahl. for Puerto Del Rio LLC Applicant Mr. Brown reported that this request was for two Variances. The first is to allow a building length of 353 feet and a building width of 320 feet rather than the 185 feet maximum length or width per Section 110-316 (7) of the City code; and the second is to allow for a 25 ft. setback from an adjacent residential lot line rather than the 50 ft. per Section 110-488(a). The applicant and property owner is Danny Ringdahl. He advised that Mr. Ringdahl planned to construct an ALF on the undeveloped portion of his property. In November of last year, the City revised its code to allow for an ALF as a special exception use in the R-3 zoning district. He explained that certain criteria specific to ALF's were also adopted, one being a building setback of 50 ft. from residential lot lines. Given the separation from existing and future residential structures and given that the existing structures were separated by a retention pond, the 50 ft. setback requirement did not serve its intended purpose in this situation. He advised that the City code also limits the length or width of a building in the R-3 zoning district to 185 ft. This was adopted in response to a past development proposal that was to have a single building that would run from A1A to the Banana River along the north side of the Canaveral River. This would have been architecturally undesirable, it would have blocked views of the river, and would have also blocked breezeways. The proposed ALF is not waterfront and is not of the magnitude that the code was intended to prevent and that staff recommended approval of the requested variances. Planning & Zoning Board Meeting Minutes April 13, 2011 Page 4of5 Chairperson Russell spoke to the history of the 185 ft. limitation and to the uniqueness of the property. He pointed out that the parcel of land was irregular in shape and the shape of the building was unique; the retention pond located on the property served other developments; the property was initially zoned C-1 commercial, but was rezoned to R-3 multi -family residential when the Puerto Del Rio condominium project was being considered; and there were no other ALFs in the City. Brief discussion followed. Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of Variance Request No. 11-03 as requested. Vote on the motion carried unanimously. At 9:05 Chairperson Russell called for a short recess. He called the meeting back to order at 9:11. 4. Election of Chairaerson and Vice Chaimerson. Lamar Russell opened the floor for nominations for Chairperson. Donald Dunn nominated Lamar Russell. Bea McNeely seconded the nomination. There being no other nominations, Donald Dunn moved to close the nominations. The motion was seconded by Bea McNeely. By a unanimous voice vote Lamar Russell was elected as Chairperson. Lamar Russell opened the floor for nominations for Vice Chairperson. Donald Dunn nominated Bea McNeely. Lamar Russell seconded the nomination. There being no other nominations, Lamar Russell moved to close nominations. The motion was seconded by Donald Dunn. By a unanimous voice vote Bea McNeely was elected as Vice Chairperson. OPEN DISCUSSION Harry Pearson announced that he was the representative for the North beaches to the Space Coast Technical Advisory Committee/Citizens Advisory Committee. He attended the meeting on April 11th. At that meeting the committee approved a resolution for the Space Coast Transportation Planning Organization to take an active role in planning for improvements to the State Road A1A corridor. He advised that money was being allocated for improvements from the Pineda Causeway North to the Port. $850K has been budgeted to upgrade the 2001 transportation study to include a streetscape plan. Barry Brown advised that he was the City representative on the A1A Action Team that included the TPO. He announced that the money for the upgraded study would be available in July 2011 and it would take approximately one year to complete the study. Mr. Brown advised that the City Council will be considering the brewery ordinance at their next meeting on April 19th. Mr. Brown advised that Bill Mays met with City staff to discuss the office and retail project known as Sheldon Cove. Staff supports increasing the allowable height of a building to 65 ft. as requested by Mr. Mays and suggested that he retain a consultant to assist in the creation of a zoning overlay district to address the height issue. Mr. Mays agreed and said the City should receive a proposal for a zoning overlay district within 60 days. Planning & Zoning Board Meeting Minutes April 13, 2011 Page 5 of 5 Motion by Harry Pearson, seconded by Bea McNeely to adjourn the meeting at 9:27 p.m. Approved on this day of .2011. Lamar Russell, Chairperson Susan L. Chapman, Secretary Attachment #6 Special Exception Worksheet and Staff Analysis SE 2014-04 All special exception recommendations and final decisions shall be based on the following criteria to the extent applicable: 1. Land Use and Zoning a. Is the requested SE consistent with the intent of the Comprehensive Plan? The subject property in uniquely situated between existing residential to the west and commercial uses to the east. The proposed use serves as an ideal transition from the commercial uses and is highly compatible with the adjacent residential uses. b. Is the requested SE consistent with the intent of the zoning district in which it is sought? The ALF is a residential use that is highly compatible with existing residential in the area. The architecture of the Casa Canaveral ALF is designed so that the massing and height of the building is harmonious with the adjacent Puerto Del Rio condominiums. The building face is offset with each building face no longer than 80 feet long to match the existing condominiums. c. Will the SE meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? Yes 2. Impact to Surrounding Properties a. Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. Yes, the surrounding properties have developed in a residential and commercial nature. b. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? Yes. The ALF is a residential use that is highly compatible with existing residential in the area. The architecture of the Casa Canaveral ALF is designed so that the massing and height of the building is harmonious with the adjacent Puerto Del Rio condominiums. The building face is offset with each building face no longer than 80 feet long to match the existing condominiums. c. Will the traffic volume and type adversely impact land use activities in the immediate vicinity? No. Since ALF residents have a reduced reliance on automobiles, there is a corresponding reduction in the total number of vehicular trips associated with an ALF. d. Will the proposed special exception create any adverse impacts to other properties in the surrounding area? Address the creation of noise, light, vibration, odor, stormwater runoff, or other offsite impacts that would not have been created had the property been developed as a principal use? No. As shown on the site plan, all service areas including loading areas and dumpsters are located on the eastern border, adjacent to the commercial. The parking and traffic circulation are designed to have minimum impact to other properties in the surrounding area. Stormwater runoff is addressed by a shared retention pond to the west of the development. e. Will there be adequate screening, buffers, landscaping, open space, off-street parking, other similar site improvements to mitigate any adverse impacts of the special exception? Yes. Loading docks and dumpsters will be screened from public view consistent with specific requirements for ALFs outlined in Sec. 110-488(d). Will the size and shape of the site, the proposed access, internal circulation, and design enhancements be adequate to accommodate the proposed scale and intensity of the special exception requested? Yes, see the attached site plan. g. Are signs and exterior lighting designed and located so as to promote traffic safety and to minimize any undue glare or incompatibility with adjoining properties? Yes. The minimal proposed signage will be subject to review and approval by the City's Community Appearance Board. h. What are the hours or operation and how will they impact surrounding properties? The ALF will be occupied and staffed 24 hours a day. 3. Traffic and Parking a. Is there adequate off-street parking? Yes. The parking meets all requirements of Sec. 110-491 of the City's Code for parking. b. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? Yes. All traffic circulation has been reviewed and approved by the City's public safety officials. c. What type and how much traffic will the special exception generate? Since ALF residents have a reduced reliance on automobiles, there is a corresponding reduction in the total number of vehicular trips that are associated with an ALF as compared to the previously approved residential condominiums. a. Approved Condos (128 units) x.55 trips per unit in the PM peak hour = 70 trips b. Casa Canaveral 288 beds x .17 trips per unit in the PM peak hour = 49 trips d. Are there adequate loading and unloading areas? Yes. All loading and service areas are located on the northeast side of the building. 4. Public Services a. Are adequate utilities available? Location and capacity. Yes. Public utilities are available to the site. A concurrency review will be required as part of the project review. b. Will the proposed special exception create any unusual demand for police, fire, or emergency services? No. All ALFs are required to prepare an emergency evacuation plan that must be approved by the State prior to a license being issued. c. Will the proposed special exception have an adverse impact on public services, including water, sewer, surface water management, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? No. The projected use will have a significantly less impact than the previously approved residential condos. d. Are there adequate refuse facilities for the proposed special exception and is the dumpster properly located and screened? Yes. Dumpsters will be screened from public view consistent with Sec. 110-488(d) of the City Code. 5. Miscellaneous Impacts a. Will the proposed special exception have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation, wildlife, open space, noxious and desirable vegetation, and flood hazards? No. The subject property is located in an urbanized area and the site was previously graded and prepared for development. b. Will the proposed special exception have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources? No. Due to the location of the property west of AIA, the property is not in a location that will block views or breezes. c. Will the proposed special exception have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? No. In addition to the construction jobs, the ALF will provide opportunities for small businesses to include doctor offices, walk-in clinics, fitness centers, neighborhood markets, and sit-down restaurants. d. Will the proposed special exception have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? The ALF will fulfill a specific housing need that is currently not met in the community. Families will no longer need to travel outside the City to visit loved ones. The ALF will provide residents with a high degree of communication and interaction, companionship, and an improved quality of life. City of Cape Canaveral Planning and Zoning Board Meeting Date: 10/08/2014 Item No. S Subject: Ordinance No. _ - 2014 amending Section 110-538 Zoning, related to setback encroachments; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; severability; and an effective date. Department: Community & Economic Development (C&ED Summary: This item is to request the Planning and Zoning Board consider expanding the list of allowed encroachments within required setbacks to include air conditioning and pool related components. The City's current Code of Ordinances includes a list of allowed setback encroachments within Section 110-538. The list includes such items as: • Movable awnings may project not over three feet into a required setback • Chimneys, fireplaces or pilasters may project may project not over two feet into a required setback • Fire escapes, stairways and balconies which are unroofed and unenclosed may project not over five feet into a required rear yard setback or not over three feet into a side setback and shall not project into a required front setback of a multiple dwelling, hotel or motel. • Hoods, canopies or marquees may project not over three feet into a required setback • Fences, walls and hedges shall be permitted in the required setbacks • Roof overhangs (eaves) may project not over two feet into a required setback • Air conditioner units may project not over five feet into a required rear setback • Emergency pad -mounted generators • Conveyor systems may be located within setbacks in the M-1 district by special exception The City has revised its list of allowed encroachments several times. In September of 2005, the Council approved Ordinance 15-2005 which allowed emergency pad -mounted generators (EPMG) to encroach five and one-half feet into any required setback. The revision also stipulated that in no case shall an EPMG be any closer than two and one- half feet from a property line, fence, or structure. In October of 2005, the Council approved Ordinance 16-2005 which allowed conveyor systems within M-1 setbacks as a Special Exception. Currently, the code allows air conditioning units to project no more than five feet into a rear setback. The revision would allow air conditioning units and pool equipment to project no more than five feet into a required rear or side setback. Additionally, this ordinance corrects a scriveners error found in Sec. 110-538(7) which will read "Open, unenclosed porches, platforms or paved terraces not covered by a roof Planning and Zoning Board Meeting Date: 10/08/2014 Setback Encroachments Page 2 of 2 or a canopy and which do not extend above the level of the first floor of the building may extend or project into the required setback." At its August 27, 2014 meeting, the Planning & Zoning Board requested staff to review the 1983 Zoning Ordinance to determine what encroachments were allowed at that time. Attached are sections from the 1975, 1983, and 1990 Zoning Codes related to setback encroachments. It appears that the allowed encroachments have remained constant since 1975, with roof overhangs and air conditioning units being added to the 1990 code. Applicant/Owner: Administrative Submitting Director: David Dickey Date: 09/30/2014 Attachments: #1 — Ordinance No. _ -2014 #2 — Sec. 639.49 of Ord. No. 10-75 #3 — Sec. 639.21 of Ord. No. 02-83 #4 — Sec. 641.21 of Ord. No. 26-90 The C&ED Staff recommends that the Planning and Zoning Board take the following action(s): Recommend approval of Ordinance No. _ -2014 to City Council. Approved by C&ED Director: Todd Morley Date: P&Z Board Action: [ ] Recommended Approval as Recommended [ ] Recommended Approval with Modifications [ ] Recommended Disapproval [ ] Tabled to Time Certain Attachment #1 ORDINANCE NO. -2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 ZONING, RELATED TO SETBACK ENCROACHMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act set forth in Chapter 163 of the Florida Statutes provides for the ability of the City of Cape Canaveral to plan for its future development and growth and provide necessary regulations for same; and WHEREAS, the City Council finds a need to modify the City Code to permit air conditioner units and pool equipment components to encroach into side and rear setbacks; and WHEREAS, the City of Cape Canaveral Planning and Zoning Board has reviewed the proposed code amendment at a duly noticed public hearing held on August 27, 2014, and said Board and city staff have recommended approval of such amendment; and WHEREAS, the City Council of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interest of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 5. SETBACKS Sec.110-538. Encroachments. Every part of every required setback shall be open and unobstructed from the ground to the sky, except as follows or as otherwise permitted in this chapter: (1) Sills or belt courses may project not over 18 inches into a required setback. (2) Movable awnings may project not over three feet into a required setback. (3) Chimneys, fireplaces or pilasters may project not over two feet into a required setback. (4) Fire escapes, stairways and balconies which are unroofed and unenclosed may project not over five feet into a required rear setback or not over three feet into a side setback and shall not project into a required front setback of a multiple dwelling, hotel or motel. (5) Hoods, canopies or marquees may project not over three feet into a required setback. (6) Fences, walls and hedges shall be permitted in the required setback, subject to this chapter. (7) Open, enclosed porches, platforms or paved terraces not covered by a roof or a canopy and which do not extend above the level of the first floor of the building may extend or project into the required setback. (8) Signs for on-site advertising shall be in conformance with chapter 94 pertaining to signs. (9) Roof overhangs (eaves) may project not over two feet into a required setback. (10) Air conditioner units and pool equipment may project not over five feet into a required rear or side setback. (11) Emergency pad -mounted generators as provided for in section 110-484. (12) Conveyor systems may be located within setbacks in the M-1 light industrial and research and development district by special exception, for purposes of moving aggregate and other materials. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida this , 2014. ROCKY RANDELS, Mayor ATTEST: For John Bond Bob Hoog ANGELA APPERSON, City Clerk, MMC Buzz Petsos Rocky Randels Betty Walsh First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney day of Against t-- Attacnt #2 MIC.R0FILM 3.14.80 (71) 639.45 (Cont.) 3. Ridgewood Avenue Setback, each side, from the southern city boundary to the northern terminus of Ridgewood Avenue shall be twenty-five (25) feet from the right-of-way. B. On the Atlantic Ocean, the setback shall comply with the State coastal construction setback. C. In deterniining the setback requirements for any building proposed to be erected, the setback requirements herein above shall be construed as a minimum setback, and if a greater setback is required under any of the zoning districts, then such greater setback requirements shall be enforced. 639.47 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT In any dirstrict, except R-1 or IIIH-1, more than one structure housing a permitted or permissible principal use -may be erected on a single lot, provided that setback and other requirements of this ordinance shall be met for each structure. in an R-1 or Mui -1 zoning district only one pri_nri nal_ str�.?cture per lot shall be permitted. Distance Between Buildings 20' for first two stories 25' for first three stories 30' for first four stories And two (2) additional feet for each story above four. 639.49 SETBACK ENCR0AC1M,7NTS Every part of every required setback shall be open and unobstructed from the ground to the sky except as hereinafter provided or as otherwise permitted in this ordinance: A. Sills or belt courses may project not over eighteen (18) inches auto a required setback. B. Movable awnings may project not over three (3) feet into a required setback. C. Chimneys, fireplaces or pilasters may project not over two (2) feet into a required setback. M 1CROTILMED 3.14.80 (72) 639.49 (CONT.) D. Fire escapes, stairways, and balconies which are tnhroofed and unenclosed may project not over five (5) feet into a required rear setback or not over three (3) feet into a side setback and shall not project into a required front setback of a multiple dwelling, hotel or motel. E. Hoods, canopies, or marquees may project not over three (3) feet into a required setback. F. Fences, walls and hedges shall be permitted in required setback subject to the provisions established herein. G. Accessory parking may be located in a requiired front, rear or side setback for single family dwellings and a two family dwelling. H. In the Commercial and Industrial zoning districts, required off-street parking space may be located in the front setback, except that no parking shall be permitted within ten (10) feet of the front lot line. T. Other than listed above in G and H, no required landscape butter shall be used for any parking space or backout area. J. Open, enclosed porches, platforms, or paved terraces not covered by a roof or a canopy, and which do not extend above the level of the first floor of the building, may extend or project into the required setback area. 639.51 ACCESSORY STRUCTURES No accessory structure shall be erected inany required front or side setback and shall not cover more than 30% of any required rear setback. No separate accessory structures shall be erected within ten (10) feet of any building on the same lot nor within fifteen (15) feet of any lot line and shall not exceed twenty-four (24) feet in height. However, lots with a one or two family residence only may erect one (1) additional accessory structure per unit, not to exceed one hundred (100) square feet with maaimm. height of ten (10) feet if detached; or thirty-two (32) square feet with maximum height of ten (10) feet if attached, in rear setback. Accessory buildings shall be constructed simultaneously with, or following, the construction of the min building. No home occupation or business may be conducted in an accessory building. No accessory building which contains living quarters shall be built on any lot in any residential district. Attachment #3 639.19 ERECTION OF MORE THAN ONE PRINCIPAL.STRUCTURE ON A LOT in any district, except R-1, more than one (1) structure housing a permitted or permissible principal use may be erected on a single lot, provided that setback and other requirements of this Ordinance shall be met for each structure. Distance Between Buildings 20' for first two (2) stories 25' for first three (3) stories 30' for first four (4) stories And two (2) additional feet for each story above four (4). 639.21 SETBACK ENCROACHMENTS Every part of every required setback shall be open and unob- structed from the ground to the sky except as hereinafter provided or as otherwise permitted in this Ordinance. A. Sills or belt courses may project not over eighteen (18) inches into a required setback. B. Movable awnings may project not over three (3) feet into a required setback. C. Chimneys, fireplaces or pilasters may project not over two (2) feet into a required setback. D. Fire escapes, stairways and balconies which are unroofed and unenclosed may project not over five (5) feet into a required rear setback or not over three (3) feet into a side setback and shall not project into a required front setback of a multiple dwelling, hotel or motel. E. Hoods, canopies, or marquees may project not over three (3) feet into a required setback. F. Fences, walls and hedges shall be permitted in required setback subject to the provisions established herein. G. Accessory parking may be located in a required rear set- back for single family and two (2) family dwellings. H. In the Commercial and Industrial zoning districts, required off-street parking space may be located in the front setback except that no parking shall be permitted within ten (10) feet of the front lot line. -43- 9. 639.21 (Cont) I. Other than listed above in G and H, no required landscape buffer shall be used for any parking space or backout area. J. Open, enclosed porches, platforms, or paved terraces not covered by a roof or a canopy, and which do not extend above the level of the first floor of the building, may extend or project into the required setback. K. Primary parking may be located in a required front setback for multiple family dwellings. 639.23 ACCESSORY STRUCTURES No accessory structure shall be erected in any front yard and shall not cover more than thirty (30) percent of any required rear setback. No separate accessory structures shall be erected within ten (10) feet of any building on the same lot nor within five (5) feet of any lot line and shall not exceed twenty-four (24) feet in height. However, lots with a one or two family residence only may erect one (1) additional accessory structure per unit not to exceed one hundred (100) square feet with a maximum height of ten (10) feet if detached, or thirty-two (32) square feet with maximum height of ten (10) feet if attached in rear setback. In new construction an accessory building may not be constructed prior to the construction of the main building. No accessory building shall be used for any home occupation or business nor for permanent living quarters; it shall contain no kitchen or cooking facilities. It may be used for housing temporary guests of the occupants of the main building. It is not to be rented or otherwise used as a separate dwelling. Storage (utility) sheds of a temporary nature, without a per- manent foundation, not over one hundred (100) square feet in size, nor more than seven (7) feet high, are exempt from this paragraph, provided they are in the rear yard only. 639.25 VISIBILITY AT INTERSECTIONS On a corner lot in any district, nothing (with the exception of traffic signs and utility poles) shall be erected, placed, planted or allowed to grow between a height of two and one-half (2 1/2) feet and ten (10) feet above the centerline grades of the intersecting streets in the triangular area bounded on two sides by the street right-of-way lines, and on the third side by a straight line drawn between two points on the street right-of-way line located twenty-five (25) feet from the point of the intersection of the street right-of-way lines. -44- Attachment #4 ZONING REGULATIONS CITY OF CAPE UWMAVERAL, FLORIDA Page 87 C. In determining the setback requirements for any building proposed to be erected, the setback requirements herein above shall be construed as a minimum setback, and if a greater setback is required under any of the zoning dis- tricts, then such greater setback requirements shall be enforced. Ile 641.19 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT In any district, except R-1, more than one (1) structure housing a permitted or permissible principal use may be erected on a single lot, provided that setback and other requirements of this Ordinance shall be met for each structure. Distance Between Buildings 20' for first two ( 2 ) stories 25' for first three (3) stories 30' for first four ( 4 ) stories And two (2) additional feet for each story above four (4). 641.21 SETBACK ENCROACHMENTS Every part of every required setback shall be open and unob- structed. from the ground to the sky except as hereinafter provided or as otherwise permitted in this Ordinance. A. Sills or belt courses may project not over eighteen (18) inches into a required setback. B. Movable awnings may project not over three (3) feet into a required setback. C. Chimneys, fireplaces or pilasters may project not over two (2) feet into a required setback. D. Fire escapes, stairways and balconies which are unroofed and unenclosed may project not over five .(5) feet into a required rear setback or not over three (3) feet into a side setback and shall not project into a required front setback of a multiple dwelling, hotel or motel. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 88 E. Hoods, canopies, or marquees may project not over three "(3) feet into a required setback. F. Fences, walls and hedges shall be permitted in required setback subject to the provisions established herein. G. Parking may be located in a required front or rear set- back for single family and two (2) family dwellings. H. In the Commercial and Industrial zoning districts, with the exception of any property abutting Highway AIA and located north of the existing centerline of Central Boulevard, required off-street parking spaces may be permitted within ten (10) feet of the front lot line. Parking may be permitted on a required side setback on a corner lot in the Commercial Zoning District. I. No required setback or landscape buffer shall be used for any parking space or backout area, except as spec- ified in sub -paragraphs (G), (H) and (K) of this section. J. Open, enclosed porches, platforms, or paved terraces not covered by a roof or a canopy, and which do not extend above the level of the first floor of the building, may extend or project into the required setback. K. Primary parking may be located in a required front set- back for multiple family dwellings. L. Signs for on-site advertising in conformance with the City of Cape Canaveral Sign Code. M. Roof overhangs (eaves) may project not over two (2) feet into a required setback. N. Air conditioner units may project not over five (5) feet into a required rear setback. 641.23 ACCESSORY STRUCTURES%---� No accessory structure shall be erected in any front yard and shall not cover more than thirty (30) percent of any required rear setback. No separate accessory structures shall be erected within ten (10) feet of any building on the