BUSINESS & CULTURAL DEVELOPMENT BOARD

REGULAR MEETING

March 19, 2008

 

A Regular Meeting of the Business & Cultural Development Board was held on March 19, 2008 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida.

 

Chairperson Muncey called the meeting to order at 7:00 p.m.

 

MEMBERS PRESENT                                     OTHERS PRESENT

 

Mr. Anderson                                                   City Planner Todd Peetz

Ms. Marcum                                                     Council Member Roberts

Ms. Muncey

Ms. Peppers

Mr. Peterson

 

INTERVIEW:   Prospective Board Member John W. Craig

 

Ms. Muncey advised that Mr. Craig was out of the country and unable to attend this meeting.  Members agreed to table this item until the April 16, 2008 meeting.

 

ADOPTION OF MINUTES:

 

1.         Regular Meeting of February 20, 2008

 

Moved by Mr. Peterson, seconded by Ms. Marcum to approve the minutes of January 16, 2008.  Motion to approve the minutes carried unanimously.

 

In response to Ms. Marcum’s questions, Ms. McIntire responded that (a) there was no report on the Memorandum of Understanding Between the Cocoa Beach Area Chamber of Commerce and the City of Cape Canaveral (MOU) and (b) there was no report on the business survey.

 

Moved by Ms. Marcum, seconded by Mr. Peterson to recommend that the City Council defer action on the business survey.  Chairperson Muncey asked for discussion.

 

Ms. Marcum presented that the board had prepared a draft business survey over one year ago and there had been no action taken by the City to date.  She did not see a strong value in it at this point in time.  Mr. Anderson presented that the mission statement of the board, as outlined in the ordinance, called for the board to periodically survey the businesses to understand their needs and interests.  A community survey was prepared two years ago by UCF in order to gain a sense of the types of businesses and amenities preferred by the residents.  He said it was a valuable piece of work that has influenced some of the thinking within the City.  The plan was to proceed with a follow-up survey with the businesses; however, it has not gone forward.  He agreed with Ms. Marcum and Mr. Peterson that there were more important issues and with the current economic climate and drastic changes taking place, there would not be much value to a business survey at this time.

 

Motion carried unanimously.

 

OLD BUSINESS

 

Action:  Review Section 110-331, Permitted Uses Within C-1 Low Density Commercial District with                      City Planner

 

Mr. Todd Peetz introduced himself.  He explained that this item, along with the business survey, came up in code review.  City Council felt that the B&CDB should provide input on this section prior to the council finishing this portion of the code review.  He distributed copies of commercial uses for Brevard County, and Cities of Cocoa Beach, Titusville, Cocoa and Melbourne to give the board an understanding of how other cities address this issue.  He presented that Cape Canaveral had (15) permitted principal uses and a number of special exceptions.  He advised that (1) under Section 110-335 Prohibited Uses, stated “all uses not specifically or provisionally permitted in this division”; i.e., if the use was not listed specifically or provisionally (like something similar to) the use was prohibited.”

 

Mr. Peetz presented that Brevard County listed every use; however, the city attorney was not in favor of all inclusive because if one use was missed due to new technology, products and business models, the code would continually need to be revised. However, there may be some uses in this section that the board feels should be specifically listed or listed by special exception in the City’s code.

 

Mr. Peetz advised that the City of Cocoa Beach had (17) permitted uses; however, they had uses that  Cape Canaveral would not permit in C-1.  Cape Canaveral permitted adult entertainment only in the M-1 district and nightclubs/bars were by special exception.  However, their code was similarly structured to Cape Canaveral’s code.

 

Mr. Peetz advised that the City of Titusville had (10) permitted uses in Neighborhood Commercial and 18 permitted uses in Community Commercial.  He said the City of Cape Canaveral also had two types of commercial uses: C-1 Commercial (retail/business/office commercial) and C-2 (combination of retail/business/office commercial and some higher intensity industrial uses). 

 

Mr. Peetz advised that the City of Cocoa had (9) permitted uses and there code was similarly structured to Cape Canaveral’s code.

 

Mr. Peetz advised that the City of Melbourne broke down their permitted uses as (1) uses that require conditional use approval, (2) prohibited, (3) permitted as accessory use, and (4) permitted or conditional use.

 

Mr. Peetz advised that one of the things that came out of council’s review of the code was a suggestion from the Redevelopment Plan which was to utilize the community survey and list the permitted uses by preference and periodically update the survey.  This would then serve as a marketing tool and would let potential investors/developers know the types of businesses that were preferred by the residents.

 

Ms. Marcum asked the process for an individual who wanted to open a certain type of business that was not included under permitted uses.  Mr. Peetz responded that the City would attempt to fit the business into an existing category; however, there may be some “gray areas” that would need further research.  Ms. Marcum noted that some of the other cities were very concise in their definitions of permitted uses; whereas, Cape Canaveral’s definitions tended to be “wordy”.  She asked if concise were better because it would allow more flexibility to either add or exclude permitted uses.  Mr. Peetz said a use should be defined because there may be a case of an unknown activity that you may not want to have, and the City could determine if the type of activity corresponded with that definition.

 

Mr. Anderson asked what the board was trying to achieve this evening.  Mr. Peetz responded that council was requesting that the board review the current list of permitted uses to determine if the list was adequate, prioritize, make additions and/or deletions, and forward its recommendation to council.  The board’s recommendation would be based on the board’s opinion and feedback from the community survey.

 

Mr. Peterson asked if council did away with special exceptions along the A1A corridor.  Mr. Peetz affirmed and said this was addressed in paragraph 10 within Section 110-334 of the code.

 

Ms. Marcum presented that the community survey was directional and not a statistically accurate survey.  It was a good guide, but she did not feel the City should define the code around the survey.

 

Council Member Roberts presented that the intent of the community survey was to help give council additional feedback and the leverage from the survey gave the board the ability to update the ordinance.  She said council only had the ordinance for reference when an investor/developer presented a proposal.  It was important for the board to update the uses, if necessary, and prioritize.  She also stressed that council needed this board’s input regarding mixed use.

 

Ms. Muncey thought the previous action taken by the board had satisfied the City Council.  Mr. Anderson added that the board had, in the past, forwarded unanimous recommendations to the City Council to adopt provisions to allow mixed use development within the City, where appropriate, and he was unsure as to what more was being asked of the board. 

 

Council Member Roberts presented that this board had a creative opportunity to help steer the future of business development within the City.  She presented that council took action on the resort dwellings because of the Mission Statement.  She pointed out that there were a number of rental companies in the City and several additional hotels were coming into the City.  Council was looking for guidance through the ordinance.  The City had the potential of becoming a service city to the port and Cocoa Beach and now was the time to take definitive action.  Ms. Roberts added that the P&Z Board had asked this board for input on desired businesses several years ago.  This board had the pulse of the community and could provide council with input on the types of preferred businesses.  She stated this was an action item of this board when she was a member; however, this board never took action and now that council and the P&Z Board were working on code review, this issue was coming up in real time.  She presented that by updating the list of permitted uses, it would be reflective of what this board felt should be the prioritized businesses for the City.

 

Mr. Anderson presented if this board was being asked to offer its views on permitted uses, uses to exclude and prioritization of uses, the board would need to have an objective basis on how the board would do this rather than just based on personal preferences.  The board would need clarification from council as to their vision for the City.  He presented that the community survey was a useful tool which gave some idea of desired businesses by several hundred people, but the businesses were not prioritized.   For the board to prioritize the permitted uses, there would need to be agreement on some objective criteria; such as, what do the residents of City think they want?  what types of uses might have the greatest employment impact?   what types of uses would create the greatest tax base? what types of uses leave the smallest carbon footprint? should the amount of same type of uses be limited?  Without objective criteria, recommendations from this board would be purely subjective.

 

In response to Mr. Peterson’s question of what exactly was being asked of this board, Mr. Peetz replied that at council level, there was thought that, perhaps, some uses should be added that the City had not thought about and/or moved over to the Special Exception or Prohibited categories and they looked at this board for feedback.  The first task of this board would be to identify the permitted uses and the second task would be for the board to decide if they wanted to prioritize the uses and, if so, how should this task be accomplished.

 

Mr. Anderson did not feel that the prioritization of uses should be within the code, but rather included in some sort of strategic marketing plan where it would have some practical meaning.

 

Council Member Roberts presented that the code was not proactive and council was in a reactive mode.  She said businesses continued to come into the City without any strategic guidance from the City.

Ms. Muncey, personally, did not feel qualified to state what types of uses should or should not be included, and she would be more prone to look at whether or not a business was a “green” business that would be healthy for the City.  She added that the board’s recommendation for these types of businesses was already included in the Redevelopment Plan and maybe all the board had to do was re-announce this recommendation.

 

Mr. Peetz said the board could state they were not prepared to move forward at this evening’s meeting until more direction was received from council; i.e., should the City be more focused on tax base? employment? need? green business concept?  Ms. Muncey would like someone to confirm or reaffirm what the board has already recommended in the Redevelopment Plan. 

 

Ms. Joyce Hamilton, resident, presented that due to the economy, the board may want to look at things that were going to bring money into the City to help support the residents who lived here because the City did not want to continue taxing them.  Direct financing would be done through business tax, sales tax, and impact fees.  These businesses should be architecturally pleasing and conserve green space, and Mr. Peetz was asking the board to provide City Council with some ideas on the types of businesses that might accomplish this.  She provided the board with Sheldon Cove’s mixed used project proposal that outlined such things as how many jobs and how much income their project would create.  Ms. Hamilton informed there was going to be a town hall meeting on April 3rd at 5:30 pm in the library to discuss the height issue.

 

Board Member Peppers felt what the city planner was requesting was “doable” for this board; he was not requesting that the board rewrite the ordinance, only review the permitted uses.

 

Mr. Peterson opined that the businesses should monitor themselves.

 

Mr. Peetz informed that the P&Z Board was becoming more and more active regarding mixed-use.  A representative from the Florida Redevelopment Association was scheduled to attend a future P&Z meeting.  He also informed at the last meeting, the elements of mixed use were discussed: façade treatment to the building, parking, pedways, types of shops, and retail on ground with residential on top.  The board had tasked the city planner with breaking out all the different types of uses and functions of a mixed use district as well as taking pictures of existing regional mixed use districts.  This information would then be presented at a P&Z meeting and this board and the Community Appearance Board would be invited to attend and choose what elements of mixed use the boards preferred so that an illustrative code for mixed use could be created to help people understand what the City was trying to achieve.

 

Mr. Peetz advised that two issues would be discussed at the aforementioned public meeting on April 3: (a) height along A1A and (b) theme for the City as recommended by the Community Appearance Board.

 

Ms. Marcum referred back to Ms. Hamilton’s comment regarding maximizing value given that the City has such limited space together with the comment made by Mr. Peterson regarding large buildings that are left unattended when there was no longer a use, perhaps an addition to the code could be that a building could not be vacant for a certain period of time or the City would demolish.  She asked Mr. Peetz if this would fall under “blight” as contained in the Redevelopment Plan.  Mr. Peetz responded that a vacant building was blight.  The City could demolish if the building was in disrepair/public safety issue/nuisance.  However, if building was structurally sound, that would involve property rights issues.  Mr. Anderson summarized the enhanced authority, including demolishing vacant buildings, afforded a Community Redevelopment Agency (CRA).

 

Mr. Anderson, personally, thought it was not the intent of this board to be unresponsive to issues; however, the board has had genuine concerns and questions about what exactly the board was supposed to do and the methodology.   He said there was some frustration from the board’s perspective regarding all the time that was put into the Redevelopment Plan and so many times in the past few months, the board has been asked for recommendations.  He said the question was, “has anyone read the Redevelopment Plan?”

 

Discussion followed regarding the need for a genuine strategic planning exercise and visioning session by City Council.  Council Member Roberts advised that the City Council and department heads conducted annual visioning sessions in conjunction with the upcoming budget, and this year’s session was facilitated by Leadership Brevard.

 

Ms. Muncey asked the city planner what he was expecting from the board this evening.  Mr. Peetz reiterated that council was requesting that the board review and comment on the current list of permitted uses and forward its recommendation to council.  Even though it was not an agenda item, Mr. Peetz was also requesting that the board review and comment on the current special exceptions and forward its recommendation to council.  He said council felt this board had the pulse of the business community and could assist council redefine both of these lists.

 

Ms. Muncey polled members and they agreed to proceed and review the lists.

 

Mr. Peetz clarified for members that Special Exceptions were permitted uses; however, they needed to be reviewed more closely for compatibility issues; such as, noise and traffic generation.

 

The board unanimously recommended the following revisions to Permitted Uses, Sec. 110-332:

 

Add:  cultural facilities such as art studios, museums and galleries as Item (16) (cultural facilities should be a separate defined use and removed from (6)

 

Add: “private schools” to (14)

Add: “upscale boutique/bed & breakfast quality dining” as Item (17) (this would be an upscale, quaint establishment with a quality restaurant open to the public – would add value to the City)

Add: “recreational rentals” to (1) (small apparatus such as bicycles)

Add: “water recreation” (8) (this would allow for commercial transactions involving kayaks, sailing, fly fishing; apparatus would then be taken to a launch area on the Banana River)

 

The board unanimously recommended the following revisions to Special Exceptions, Section 110-334

 

Add: Wireless equipment to (2) – would allow City to go wi-fi in the future

 

Members thanked Mr. Peetz for his guidance.

 

OPEN:

 

Images in Art Update – Ms. McIntire presented that Ms. Rudzitus attended last evening’s council meeting and the outdoor entertainment permit was approved; inspection of tents will be performed by the fire department on Friday, March 28.  She reported approximately 40 artists had signed up and felt there may be as many as 50 on event days.  Poster was on the City’s Home Page and at various City locations; Council Member Roberts was provided posters for distribution in her community.  Press releases have been sent to Florida Today and Hometown News and notice has been posted on the BCA e-calendar.  Ms. McIntire presented she was interviewed by Channel 31, the arts channel, and the interview would be aired approximately ten times prior to the event.  Channel 31 broadcasted from Cocoa Beach to Palm Bay; however, it was unavailable on cable; only received via “rabbit ears”.  She reported that Mayor Randels and Ed Lawson would be assisting her on set-up day with Mr. Lawson being staff support on Saturday and Ms. McIntire being staff support on Sunday.  Mayor Randels had a commitment on Saturday, but he may be available to attend the event on Sunday.  There were two flashing signs along A1A and a couple of days prior to the event, a flashing arrow would added.  Additionally, Ms. Rudzitus was preparing signage that would be placed on private property directing the public to the park.

 

Members inquired if the port would be interested in advertising the event on their digital sign before arriving at the overpass.  Ms. Marcum will provide staff with the contact information for the gentleman recently hired by the port in the capacity of an environmental director.  She said he may wish to have a table and distribute environmental literature.

 

Ms. McIntire reported she had not received any responses from the schools that participated in the annual student art show.  Mr. Ray Osbourne was participating in the event.

 

Ms. Marcum suggested for next year’s event contacting local writers to see if they would have any interest in having book displays.

 

Ms. Muncey and Ms. Marcum volunteered to distribute posters.

 

MOU:  Ms. McIntire reported this was moving forward and would not return to the board.  The city manager and Mr. Harris would be working together and finalizing the agreement.

 

Ms. Marcum presented it was important for the board to understand what drives the revenue of the City as this information would help the board make better informed business recommendations.  Members unanimously agreed to invite the city manager and city treasurer to attend the April 16th meeting to provide an orientation of revenues sources (property tax, sales tax, gas tax, impact fees, etc) of the City.  This information will enable the board to understand how a certain type of business can generate value to the City.

 

Mr. Peterson requested that Branding be placed on the April 16 agenda as a discussion item.

 

Mr. Anderson advised he would be out of town for the next two months and would be back for the June meeting.

 

Ms. Marcum asked if the board needed a follow up from the city manager regarding the decisions made this evening on the marketing video.  Members were uncertain of the target audience:  the business community or the residents/tourists.

 

Ms. Muncey concluded that the board was requesting that the city manager review the workshop minutes, reconsider the feasibility of moving forward with the video and providing his feedback to the board.

 

There being no further business, the meeting adjourned at 9:26 pm.

 

Approved this _______________ day of _____________, 2008.

 

                       

 

                                                                                ________________________________

                                                                               Joanne Muncey, Chairperson

 

ATTEST:

 

 

___________________________

Kim M. McIntire, Secretary