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HomeMy WebLinkAboutP&Z Minutes 1-28-2015 (signed)PLANNING & ZONING BOARD MEETING MINUTES January 28, 2015 A Meeting of the Planning & Zoning Board was held on January 28, 2015, 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 Craig Kittleson Harry Pearson MEMBERS ABSENT Dr. John Fredrickson Ronald Friedman Mike Moulton OTHERS PRESENT Kimberly Kopp Assistant City Attorney Todd Morley Economic Development Director David Dickey Community Development Director Patsy Huffman Board Secretary PUBLIC PARTICIPATION: None NEW BUSINESS: 1. Approval of Meeting Minutes - October 8, 2014. Moved by Mr. Pearson, seconded by Mr. Kittleson to approve the Meeting Minutes of October 8, 2014, with the year corrected. Vote on the motion carried unanimously. 2. Quasi -Judicial and/or Public Hearing: Quasi -Judicial and/or Public Hearing: Consideration and Recommendation to Board of Adjustment Re: Special Exception No. 15-01 to authorize an automotive service station in the C-1 Zoning District, per City Code of Ordinances, Section 110-334 (c)(3), Special Exceptions permissible by the Board of Adjustment — Atkins North America, Inc. — Applicant - (6455 N. Atlantic Avenue). Planning & Zoning Board Meeting Minutes January 28, 2015 Assistant City Attorney Kopp swore in all participants speaking at the meeting. Mr. Dickey thanked audience members for attending the meeting. He presented States report/photos showing the site and surrounding areas. Mr. Dickey indicated the audience would be seeing everything the Board Members have seen and spoke of"full disclosure." He stated the proposed development consists of a 4,673 square foot, retail convenience store that includes seven fueling islands (fourteen fueling pumps) under a detached canopy. The project includes twenty-six parking spaces including one handicap space. A 5 -foot wide, concrete sidewalk is proposed along So. Cape Shores Drive. Mr. Dickey noted: the area that jogs out slightly to the south is to save a large tree located on the site; a 6 -foot masonry wall is proposed along the northern portion of the stormwater pond as part of the required buffer with adjacent residential uses; the proposed building is located on a 1.41 acre parcel, which has frontage on N. Atlantic Avenue and So. Cape Shores Drive; the criteria for Sections 110-39 (c) and 110-334(c)(3) of the City's Code was explained. The subject property is zoned Cl. Mr. Dickey indicated Section 110-39(c)(1) requires all special exception requests demonstrate that the proposed project's traffic -generating characteristics will not adversely impact land use activities in the immediate area. The traffic level of service (LOS) is an indication of how any given road is operating. Service levels range from A to F, with level A representing a condition of least delay. The City's adopted LOS standard is E. Mr. Dickey explained if the level of service drops below a level E for the road, the City can place a Moratorium on development until the level of service is corrected. A traffic study has been performed. Mr. Dickey explained that an additional 92 trips would be added to the existing number of 2,509 Peak Hour trips. With these additional trips added, the level of service will remain at a level C. Mr. Dickey read the seven provisions between the Cape Shores Association Board, the property owner (B&B Enterprises), and the developer, Cumberland Fars. Additional City approvals are needed to construct the proposed development. These include: site plan approval, which will require a public hearing before the Planning & Zoning Board; notification of owners, within 500 feet of property, by mail when the hearing is scheduled; a Tree Removal Permit, which will require a public hearing before the City Council. Mr. Dickey stated a date has not been set for this public hearing. Additionally, there will be an administrative concurrency review which evaluates a project's effect on traffic, water & sewer services, etc., and an administrative Site Development Permit, which deals with issues pertaining to erosion control and sedimentation. Mr. Dickey stated that Staff recommends approval of Special Exception No. 2015-01 to the Board of Adjustment subject to the following conditions: 1. Prior to any development activity on-site, the applicant will cause an assessment to be conducted, consistent with applicable rules, to determine the existence of any Planning & Zoning Board Meeting Minutes January 28, 2015 historical/cultural resources on the proposed development site. Should the assessment determine the existence of said resources, a mitigation/remediation plan, consistent with applicable rules, shall be completed prior to the issuance of a Building Permit. 2. Hours of operation shall be limited to opening no earlier than 5:00 a.m. and closing no later than 12:00 a.m., seven days a week. 3. Any outside seating and/or dining areas shall be located on the southern side of the main structure as shown on the attached site plan. 4. All outside lighting shall contain appropriate shielding and direct light away from the north side of the property. 5. Any air and/or vacuum equipment located on the property shall be on the south side of the main structure as shown on the attached site plan. Additional comment #6 was added by Assistant City Attorney Kim Kopp and Mr. Dickey 6. As a condition of approval of Special Exception 2015-01, a Lot Split Application for the proposed 1.41 acre tract will be submitted and considered by the City as set forth in Chapter 98 of the City Code. Failure to obtain approval by the City of such lot split, pursuant to Chapter 98, shall render this special exception null and void. Discussion ensued and included: attachments included in the Agenda Packet and what they represented; the overlay and placement of the building; how the applicant needs to meet the requirements; how the project is in compliance with the standards of the Code; how issues pertaining to compliance regarding vehicle parking, maintenance of the property, etc., will be addressed by Code Enforcement if necessary; the Binding Development Plan has been added to the packet for informational purposes only; the black bar on the Cape Shores exit shown on the site plan is a stop bar where traffic must stop; when an individual wants to create a new parcel by splitting the property, an application for a lot split must be submitted to Community Development; the photos showing the part of the property in question; explanation of the individual lots were explained by property owner Bob Baugher. Mr. Russell referenced a letter that was being entered into record by Attorney Kimberly Bonder Rezanka. Attorney Kopp mentioned that the letter had not been presented to the applicant or to the property owner, prior to the meeting, due to the fact that the letter was received late on the day of the Board meeting. Mr. Dickey read the letter dated January 28, 2015, and indicated that nothing contained in the letter has caused any concern not to proceed with this application. Discussion ensued and included: cross -access easement and how Mr. Dickey encouraged the applicant to consider them to allow parcels to be connected and keep traffic off of AIA; this issue is not a Code requirement, but something that is beyond the requirements set forth in the Code; this issue will be addressed at site plan approval if the process confines to that point; the site plan being discussed is for informational purposes only, meaning not binding on the Planning & Zoning Board Meeting Minutes January 28, 2015 applicant or the City, but that some of conditions for the special exception use pertained to the site plan and needed to be considered at this meeting; how the only buffer required was being met by a 6-f6ot masonry wall which is above the requirements of the Code; how the area to the west of the property is zoned R2 medium density and to the south is zoned commercial. Mr. Russell expressed concerns regarding the Agreement and wanted to make sure it was not binding to the City in any way. Attorney Kopp stated the Agreement was between the parties. Mr. Russell commended Staff on one of the best Agenda Packets he has seen. At 7:05 p.m. Mr. Price called for a 5 minute break and called the meeting back in session at 7:10 p.m. Attorney Nohrr, attorney for the applicant (Cumberland Farms), commended Staff on a complete presentation. The applicant is obligated to meet all the rules and regulations during this process and that the plan is to meet the requirements and in some cases, exceed them. He asked that the audience look at this project according to the "rules and regulations," and what is needed to meet the standards of the City and the State. Attorney Nola stated that there are additional processes that have to be considered after this meeting and that the details will be addressed during different stages of the process. Technical reports will be done when required by Staff and the standards will be met. The letter from Attorney Rezanka was mentioned and the need to be given more time to have seen the letter prior to the meeting. He will try to address some of the issues mentioned in the letter considering the short time he had to prepare his responses. He was in agreement with Staff that nothing in the letter will stop the process. The lot split comment in the letter will not be an issue. He wished it could have been addressed beforehand and taken off the table. Attorney Nohrr mentioned that the Fire Marshall has concerns about a house on Mr. Baugher's property and access to the property etc. It will be resolved by Mr. Baugher. Jeff Lucas of Atkins North America and a licensed Professional Engineer presented additional exhibits. The documents meet or exceed the City's requirements for this part of the planning process. A survey of the property showing an abandoned building, an abandoned building slab and an existing residence, all to be removed as part of this project. The site plan showed two entrances. Cumberland Farms will be adding direct access to AIA. An easel was brought before the Board with exhibits regarding the buffer, which will be a 6-foot masonry wall on the North side behind the building. Additional trees have been added in addition to what is required. Additional shrubs along Al me added to fill in the gaps along the landscape berm in addition to what is required. Discussion ensued and included: a 20-foot buffer along the eastern border of the property, this requirement has not only been met, but exceeded; the "gray area" on the exhibit is shrubs in conjunction to the trees; some of the trees we specimen trees; blue arrows on the photo represented the view from Cape Shores to the project site (mid vantage point); the distance of the closest Cape Shores building to the canopy of the gasoline pump stations is 187 feet; the distance from the Cape Shores building to the side of the Cumberland Farms convenience Planning & Zoning Board Meeting Minutes January 28, 2015 store is 102 feet; the internal circulation of traffic for both ingress and egress was reviewed; the conclusion is the site has adequate capacity for access and exit points off the Al entrance and included the fuel trucks; Cape Shores Drive would not be utilized by the fuel trucks for delivery of fuel. Scott Zornek of Atkins North America has a BS in Civil Engineering. He was asked to develop the Trip Generation associated with the Cumberland Farms site, this evaluates the number of vehicles the site would generate for both daily AM & PM Peak Hours, as well as distribute those trips along the surrounding roadway network and the site itself; Trip Generation is determined by using the Institute of Transportation Engineers Trip Generation Manual, 9th Addition, the most current addition; FDOT counts that are available helped determine traffic counts along AIA; information from the Space Coast TPL was also considered. The standard methodology already approved by FDOT and the City for the Dollar General (to the south of the site) was followed. Mr. Zornek detailed. how the report is prepared. There me no adverse effects for the residents of Cape Shores as far as traffic on Cape Shores Drive Mr. Baugher explained that two different property owners maintained this road and will continue to do so. Attorney Nohrr stated that no City funds go into the maintenance of the road. Mr. Kabboord was called to give his opinion as a licensed real estate broker for 20 years. He is a Trustee for one of the units at Cape Shores. He is the original broker that represented B&B and will make a commission on the selling of property to Cumberland Farms. He felt that adding this project will not affect the value of the Cape Shores properties. Mr. Baugher addressed concerns he is working on with the Fire Marshall about distance between the fire hydrants and adding another fire hydrant. Cape Shores is requesting permission to add a 6 -foot chain-link fence on the South boundary line. This would impede access by the Fire Dept. Attorney Nohrr closed his presentation with the fact that all the activity for this project has been moved to the south of the project to meet the requests of the Cape Shores residents. This project is a retail project in a retail zone. The building on this property is an allowed use under the zone classification. The reason for a special exception is due to the fuel pumps. Attorney Nohn discussed a letter from Web Engineering Associates that outlined environmental protection measures that this project will be required to meet. At 8:10 p.m. Mr. Price called for a 5 minute break. At 8:17 p.m. Mr. Price called the meeting back in session, opened the Public Hearing, and reminded the audience/speakers of the time limits. SPEAKERS: Ralph Brooks, attorney, representing Mr. Brogga, Max Forgey, Rebecca Rowe, Bob, Eva Arame, Lorraine Stitt, Eric Braga, Steve Delasitmutt, Riz Rahman, Shannon Roberts, Lila Planning & Zoning Board Meeting Minutes January 28, 2015 Gilbert, Charles Laun and Julie Braga spoke against this project. Bob Baugher spoke in favor of this project. Joyce Hamilton indicated that issues have been eloquently addressed. Ray Osborne – Did not state whether he was for or against this project, but did ask about the environmental impacts from this project. Mr. Price thanked all the speakers for their thoughts and suggestions. Mr. Price called Attorney Nohrr to the podium for closing comments. He reiterated all his key points from his original presentation. Mr. Kittleson thanked the applicant for a wonderful presentation. Mr. Dickey gave last comments addressing the separation requirements to make sure the Board was clear on this issue. Mr. Kittleson asked how the parcels to the west of Cumberland Farms property are accessed. These are currently being accessed from Cape Shore Dr. Motion by Mr. Pearson to approve, seconded by Mr. Russell to recommend approval of Special Exception No. 2015-01 to the Board of Adjustment with the conditions listed on page 3 of these Meeting Minutes. Vote on the motion m follows: Mr. Kittleson, Against; Mr. Pearson, For; Mr. Russell, For; Mr. Price, For. Vote on the motion carried. REPORTS AND OPEN DISCUSSION: None. ADJOURNMENT_ Motion by Mr. Lamar and seconded by Mr. Pearson to adjourn the meeting at 9:41 p.m of lzlyi 2015. —, Patsy Huffman, Secretary