HomeMy WebLinkAboutBoard Decision of Request 1-28-2015 ,
PLANNING & ZONING BOARD
BOARD DECISION OF REQUEST
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P&ZRequest No. O/5 - 6 \
Date Request to be considered by the Board: G 0/C
BOARD ACTION TAKEN:
Approved as Submitted and Presented
Approved with the ollowing condition(s):
AL2 ±a f d
Postponed for Additional Information
Denied for the following reason(s):
Note: Refer- - City Code Sections: 22-43 (b), Expiration of Approval; 22-45,Appeal of the
Board's deer
Signatu of Chairperson
4 v it 1C-Q.
Printed name of Chairperson
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 Staffs mport/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 Farms.
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 AlA; 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 continues to that point;
the site plan being discussed is for informational purposes only, meaning not binding on the