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HomeMy WebLinkAboutP&Z Minutes 10-28-2015 (signed)PLANNING & ZONING BOARD MEETING MINUTES October 28, 2015 A Meeting of the Planning & Zoning Board was held on October 28, 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: ITittl'u1:3111IR2T3*1WN1 John Price Chairperson Ronald Friedman Harry Pearson Dr. John Fredrickson Craig Kittleson Brenda Defoe Surprenant MEMBERS ABSENT Lamar Russell Vice Chairperson Kimberly Kopp Assistant City Attorney David Dickey Community Development Director Patsy Huffman Board Secretary PUBLIC PARTICIPATION: None 1. Aooroval of Meeting Minutes —October 7, 2015. Motion by Mr. Kittleson, seconded by Dr. Fredrickson, to approve the Meeting Minutes of October 7, 2015. Vote on the motion carried unanimously. 2. Swearing In of New Board Member — Brenda Defoe Surnrenant. Brenda Defoe Surprenam was sworn in by City Attorney Kopp. 3. Ouasi-Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Preliminary Plat Approval, per City Code of Ordinances, Section 9846 — Bowman Consulting —Applicant - (8899 Astronaut Boulevard). Planning & Zoning Board Meeting Minutes October 28, 2015 Staff explained that the applicant is requesting a Preliminary Plat associated with the redevelopment of Cape Canaveral RaceTrac gas station located at 8899 Astronaut Boulevard. The property is zoned C-1. Mr. Price indicated he would not ask staff to address the agenda packet page by page since there is a lot of information from Fidelity National Title Insurance Company. Staff continued with report to include: Chapter 98, Article II of the City Code spells out the process by which the City will review and approve a Preliminary Plat. In general, the process consists of three steps: 1 — Staff conducts a pre -application meeting with applicant to determine if the application is adequate; 2 — Planning & Zoning Board holds a public meeting and makes a recommendation on the proposed Preliminary Plat; and, 3 — City Council holds a public hearing and takes final action on the request; reference to the importance of a letter from Mr. Pekar recommending approval to City Council; City Attorney's office has been involved in the approval process and Staff's recommendation of approval. Sarah McGowan, Engineering Project Analyst for RaceTrac, explained that she was available to address any questions from Board Members. Tom Sullivan, Attorney, explained the reason for the additional paperwork added to the agenda packet was due to the extensive Title research of the property. Board Member asked if the property Burger King occupied (next to RaceTmc) would still meet the minimum zoning requirements regarding parking, landscaping, setbacks and lot coverage if the request was approved. Staff explained the minimum code requirements would have been met at time of permitting. The change in lot coverage was also explained. Motion by Mr. Friedman, seconded by Mr. Pearson to recommend approval of the Preliminary Plat to City Council. Vote on the motion carried unanimously. 4. OuasiJudicial and/or Public Hearing: Consideration and Recommendation to Board of Adjustment Re: Sweetman Zoning Determination per Section 110-257 Code of Ordinances — George Sweetman — Applicant - (111 Pierce Avenue). Mr. Dickey presented Staff's report/photos to include: Sec. 110-257 of the City Code provides a process by which a property owner can request a determination related to the appropriate Zoning District for a use that is unusual or is not similar to any other listed use; storage and maintenance of equipment that is used as part of a commercial fishing operation; cmb traps are brought to the site then cleaned and maintained; a boat is stored at the site when not in use; activity occurs during typical working hours; Staff is not aware of any outdoor lighting that would create a nuisance; adequate parking is available; a six-foot high fence surrounds the area of the parcel used for storage; the .14 acre parcel contains a single outbuilding used to store equipment(supplies; and is accessed by a driveway onto Pierce Avenue. Planning & Zoning Board Meeting Minutes October 28, 2015 The applicant purchased the subject parcel and the parcel immediately west (109 Pierce), which contains a multi -family structure, in August and October of 2001, respectively. In 2012, the property at 109 Pierce was sold to another party. According to the applicant, the property (I 11 Pierce) has been used in a similar manner since it was purchased. A number of City permits have been issued for the address since 2001. Notably, a demolition permit in November of 2001, to remove a dilapidated trailer and enclosed porch. However, the use of the property came to the City's attention and Staff determined that the use was not covered by the City Code. For that purpose, the request has been referred to the Planning and Zoning Board for a recommendation to the Board of Adjustment. Staffs report also addressed: Sec. 110-257 - Unusual uses or uses not specifically permitted; an explanation of permitted uses in C-1 Zone; outside storage; Sec. 110-551 of the City Code regarding parking of boats, utility trailers, recreational vehicles; compatibility of the use of this property; and no record of any code violations. Staff recommends the Planning and Zoning Board forward its approval to the Board of Adjustment to consider the current use (outdoor storage of a boat, crab traps and the maintenance of such) of the property located at 111 Pierce Avenue be an allowed use in the C-1 Zoning District. Mr. Price opened the meeting to the public. Karen West, Steven White and Dave Spain, all nearby residents, spoke in favor of the activities performed at the Sweetman residence. Discussion ensued between the applicant and Board Members regarding the fence; type of operation; concrete paving; drainage; parking of boats/equipment; transporting crab traps and use of chemicals when power washing equipment. Board Member asked Staff for further clarification why this use is not allowed in the C-1 Zoning District. Assistant City Attorney Kopp interjected to give an explanation as follows: applicant applied for a building permit; review of the history of this property by the Building Official could not show when this use was permitted; Building Official looked at the City Code, which was unclear for this type of use in the C-1 Zone, and the appropriate course of action was to receive clarification before proceeding. Motion by Mr. Kittleson, seconded by Mr. Pearson to approve Staff s recommendation to Board of Adjustment that the current use (outdoor storage of a boat, crab traps and the maintenance of such) of the property located at 111 Pierce Avenue be considered an allowed use in the C-1 Zoning District. Vote on the motion carried unanimously. REPORTS AND OPEN DISCUSSION: Mr. Kittleson questioned the Board Members recommendation of an alternate at the last meeting not being presented to City Council. Staff explained that the City Council had made a determination to no longer have alternates but instead, increase the number of Board Members Planning & Zoning Board Meeting Minutes October 28, 2015 from five (5) to seven (7) in an effort to have a quorum. Staff will address the matter further with the City Manager and Council Members. Motion by Mr. Friedman, seconded by Mr. Kittleson to adjourn the meeting at 7:06 p.m. Vote on the motion was unanimous. 2015. Patsy Huffman,