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HomeMy WebLinkAboutP&Z Minutes 5-27-2015 (signed)PLANNING & ZONING BOARD MEETING MINUTES May 27, 2015 A Meeting of the Planning & Zoning Board was held on May 27, 2015, at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 6:00 p.m. by Chairperson John Price. The Secretary called the roll. ROLL CALL: MEMBERS PRESENT John Price Lamar Russell Ronald Friedman Harry Pearson Dr. John Fredrickson Craig Kittleson OTHERS PRESENT Kimberly Kopp David Dickey Patsy Huffman Chairperson Vice Chairperson Assistant City Attorney Community Development Director Board Secretary PUBLIC PARTICIPATION: None Mr. Price asked that before the agenda items or minutes are discussed, he would like to address Item #4, Preliminary Plat in the C -I Zoning District. Mr. Dickey stated that the applicant is requesting to table the item to an indefinite time. Staff is requesting to pull the application due to the fact that the applicant has indicated that there will be changes to the request to the extent that this request will need to go back through the review process by Staff and the City Engineer. Consensus reached to withdraw the item. 1. Auoroval of Meeting Minutes —January 28, 2015. Mr. Friedman indicated he was not present at this meeting, and felt he could not comment on the minutes other than they seemed to be quite thorough. He requested that in the future Board Members are sent the minutes as soon as they are first available in case something needs to be added. Motion by Mr. Pearson, seconded by Mr. Kittleson, to approve the Meeting January 28, 2015. Planning & Zoning Board Meeting Minutes May 27, 2015 Mr. Kittleson, For; Mr. Pearson, For; Mr. Friedman, Against; Dr. Fredrickson, For; Mr. Russell, For; Mr. Price, For. Vote on the motion carried. 2. Ouasi-Judicial and/or Public Hearine: Consideration and Recommendation to Board of Adjustment Re: Special Exception No. 15-02 to authorize a storage warehouse/office in the C-2 Zoning District, per City Code of Ordinances, Section 110-383, Special Exceptions permissible by the Board of Adjustment — O. Wave, Inc. — Owner - (280 W. Central Blvd.) Mr. Dickey presented Staffs report/photos showing the project site. Mr. Dickey pointed out the parking spaces (total of 12) and two (2) entrances to the project. He pointed out the retention area. The building will be used to store consumer goods for the owner's souvenir stores that are located in the general area. The one-half acre site is zoned C-2 and includes a 10,400 square foot building. The parcel is accessed from W. Central Boulevard and Commerce Street. Staff read from Special Exception Worksheet and Staff Analysis as follows: The subject property is consistent with the intent of the Comprehensive Plan; Section 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. The proposal meets the minimum standards; surrounding zone is C2 and zone Ml, which is further to the North; property is situated in an area of the City that has historically been characterized by industrial/warehousing uses; proposed use is a continuation of the development pattern in the area; Special Exception is consistent with the intent of the zoning district in which it is sought and compatible with the uses in the area; business will be conducted entirely inside the building; minimum zoning district requirements have been met; property is approximately 22,650 sq, ft., building area is 10,400 sq. ft., and meets the lot coverage requirement; parking is in excess of what is required, setbacks have been met; compatible and harmonious with properties and uses in the surrounding area; traffic volume will not be adversely impacted due to the number of employees and the permitted use; stormwater runoff is addressed by an inlet on W. Central Boulevard, a swale system and retention area on the north side of the property; proposed signage will be subject to review for consistency with City sign ordinance requirements during the permitting process; hours of operation are Monday through Friday between 9:00 am and 5:00 pm, and is consistent with adjacent properties; all traffic circulation has been reviewed and approved by the City's public safety officials and will generate both auto and truck traffic on a daily basis and should not negatively impact the area; there is adequate loading and unloading areas; a Concurrency review will be required as part of the project review, no unusual demand will be placed on public safety services; no adverse impact on the natural environment; project is a redevelopment project which will create several jobs as well as utilize a currently vacant building and will have a positive impact. Planning & Zoning Board Meeting Minutes May 27, 2015 Mr. Price opened the Hearing to the Public at this time. Kim Rezanka, attorney for the applicant, stated that Staff did a very thorough job. She gave some history of the property. The planned use is consistent with what was a legal conformity and now a special exception request is required to use the property for what was intended. The applicant will move his office into the building. She requested approval of the Board. Mr. Price asked if there were any questions/comments from the Board Members. Discussion ensued as follows: Board asked who completed the worksheet to which Mr. Dickey answered he completed the form presented at this meeting, but that the applicant completed a similar fort as part of the application process; Ms. Rezanka addressed plans for the interior of the building; Mr. Dickey explained that the project is in the CRA District. Staff recommends approval of Special Exception No. 2015-02 to the Board of Adjustment. Discussion ensued regarding the CRA District and the compatibility of this project. Mr. Dickey explained that this is an existing warehouse, an appropriate use, and not adverse to the CRA. The retention area was discussed and a suggestion to enlarge the swale was made, but this is not a requirement. Staff stressed that this project is not in the Overlay District. Motion by Mr. Friedman to approve, seconded by Mr. Russell to approve Staff's recommendation. The motion carried with voting as follows: Mr. Kittleson, Against; Mr. Pearson, For; Mr. Friedman, For; Dr. Fredrickson, For; Mr. Russell, For; Mr. Price, For. 3. Ouasi-Judicial and/or Public Hearing Consideration and Recommendation to Board of Adjustment Re: Change of Use to authorize a 5 -unit townhouse in the R-2 zoning district, per City Code of Ordinances, Section 110-195(e) — Antonio Romano — Owner - (350 Monroe Avenue). Mr. Dickey presented Staffs report/photos, street view and explained where the project was located. Mr. Dickey explained that this property is in very poor condition at the present time. Code Enforcement has a pending case on this property for multiple violations and is awaiting the outcome of Board's decision before proceeding. The property is vacant and condemned. The proposed project is for five (5) two-story townhouses, and will have a single garage and two parking spaces per unit. The applicant is requesting a change of use as provided for in Sec. 110- 195(e) of the City Code. The project includes the demolition of the existing structure(s). Sec 110- 195(e) allows a property owner to request a change in use from one nonconforming use to another nonconforming use, subject to certain conditions. Sec. 110-195(e)(5) of the City Code establishes factors that Staff must look at when considering this request. These include: Planning & Zoning Board Meeting Minutes May 27, 2015 a) Uses less space; b) Has fewer employees; c) Requires less parking; d) Creates less traffic; e) Has fewer deliveries; f) Creates less noise; g) Creates a better benefit to the surrounding area; h) Is more acceptable with the existing and future use or make up of the area normally found in a similar neighborhood; or i) Creates less of an impact than the present nonconforming use. The property is zoned R-2 and consists of approximately 12,700 square feet. Initial construction of the structure was in 1963. It currently has ten (10) rental units. The owner, who bought the property in 2011, wishes to demolish the existing structure and rebuild, however; based on the density in the R-2 zone which allows 15 units per acre, by right, can allow a little more than 4 units, but Staff is rounding down to 4 units. The owner is requesting five (5) townhouses. Staff explained that much research was done regarding rounding up or rounding down to come up with the correct number of units and no information could be located, so rounding down was chosen. Change of use recommendations and final orders shall be based on the following: The parcel that the current structure is on will be utilized for the proposed townhouse construction; square footage of the building will increase from 2,980 to 4,868; number of units will decrease from 10 units to 5 units; parking requirements will be reduced by five (5) spaces from a required 20 spaces; creates less traffic; less deliveries, less noise, these units will be owned vs rented; current structure is in a serious state of disrepair and needs to be demolished; property has an adverse impact on the immediate area; creates an investment of approximately one-half million dollars into the neighborhood; new construction will be a positive impact to the adjacent properties; current structure is not typical of the neighborhood; and the project will reduce the need for City as well as other service providers. Staff recommends approval of the requested Change of Use for 350 Monroe Avenue to the Board of Adjustment. Mr. Romano explained that five (5) units vs four (4) units makes more sense. These townhomes will he sold and not rented. He needs to have five (5) units otherwise, he will not be able to proceed with the project. Discussion ensured regarding density and what is being proposed is too large for the property. Tree removal was of concern. The fact that five (5) units is not permitted in the zone. Mr. Romano felt the size of the proposed footprint is mostly compatible with what is currently on the property. He would like to work with the City to comply. Planning & Zoning Board Meeting Minutes May 27, 2015 Mr. Dickey explained that the use is not in question but the density. Assistant Attorney Kopp explained that the use is going from a hotel to townhouses Ron McMinn, a resident of Cape Canaveral, had concerns about the Oak tree on the property. Also, concerns about the sewage line going to the property. Discussion ensued with Board Members needing clarification that the setbacks are being met; whether the Oak tree would have to be removed and the process by which the applicant would have to go through, including City Council; why Staff is recommending this request if it is not allowed; Staff explained that the City Code allows a property owner to ask for a less non- conforming use than what currently exists; Staff looked at the request from a technical standpoint and compared what is currently on the property vs what is being proposed; the small increase in density is an appropriate trade-off for what the City and neighborhood would gain by this new project. Rick Marchand, project contractor, wanted to address the concern for the Oak Tree. He stated that surveying needed to be done in conjunction with the lot line and the impact to the construction of the project. He stressed that the goal would be to keep the tree and trim it to keep in viable. Barbara Becker, realtoy who is marketing this property, spoke about the interest in this property currently, with the proposed project being considered. She indicated that this property was a dilapidated boarding house with a lot of police activity in the past. It has been in its current condition for the past five years. There has been no interest in the property due to the condition of the property. She indicated that Mr. Romano, property owner, has a great interest in Cape Canaveral, especially Monroe Avenue. She requested approval of the five (5) units. The public hearing was closed. Motion by Mr. Friedman, seconded by Dr. Fredrickson, that the Planning Board approve the change of non -conforming use at 350 Monroe Street to permit townhouses meeting the present density requirement for the R-2 Zone. Mr. Price restated his understanding that the motion approves four (4) townhomes and not five (5), to which Mr. Friedman agreed. Assistant City Attorney Kopp asked if Mr. Friedman wanted to deny the request. Mr. Friedman responded in the affirmative and withdrew the original motion and made a new motion: to deny the change of non- conforming use that includes five townhouses on the property. The new motion was seconded by Mr. Kitdeson. The motion failed with voting as follows: Mr. Kittleson, For; Mr. Pearson, Against; Mr. Friedman, For; Dr. Fredrickson, Against; Mr. Russell, Against; Mr. Price, Against. Motion by Mr. Price, seconded by Mr. Russell, that we recommend to the Board of Adjustment for Change of Use to authorize a five (5) unit townhouse in the R-2 Zone per City Code of Ordinances, Section 110-195. The motion carried with voting as follows: Mr. Kittleson, Against; Planning & Zoning Board Meeting Minutes May 27, 2015 Mr. Pearson, For; Mr. Friedman, Against; Craig Kittleson, Against; Dr. Fredrickson, For; Mr Russell, For; Mr. Price, For. Vote on the Motion carried. 4. OuasiJudicial and/or Public Hearin ¢ Consideration and Recommendation to City Council Re: Preliminary Plat in the C -I zoning District, per City Code of Ordinances, Chapter 98, Article II. Plats and Lot Splits — Brian Thornton/RaceTrac Petroleum, Inc. -Owner (8899 Astronaut Boulevard). This item was removed from the agenda, see above REPORTS AND OPEN DISCUSSION: None. Motion by Mr. Friedman, and seconded by Mr. Pearson to adjourn the meeting at 7:14 p.m. 2015.