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HomeMy WebLinkAboutP&Z Minutes 10-7-2015 (signed)PLANNING & ZONING BOARD MEETING MINUTES October 7, 2015 A Meeting of the Planning & Zoning Board was held on October 7, 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 Vice Chairperson Lamar Russell. The Secretary called the roll. I ITU 111[17:1 111; MEMBERS PRESENT Lamar Russell Vice Chairperson Ronald Friedman Harry Pearson Dr. John Fredrickson Craig Kittleson OTHERS PRESENT Kimberly Kopp Assistant City Attorney David Dickey Community Development Director Patsy Huffman Board Secretary MEMBERS ABSENT: John Price Chairperson PUBLIC PARTICIPATION: David Lane, Applicant; AlA Beach Rental; 6811 N. Atlantic Avenue, Cape Canaveral, FL 32920 Ron Foleno, PO Box 410457, Melbourne, FL 32941 NEW BUSINESS: 1. Approval of Meetina Minutes —August 26, 2015. Motion by Mr. Pearson, seconded by Mr. Kittleson, to approve the Meeting Minutes of August 26, 2015. Vote on the motion carried unanimously. 2. Interview & Recommendation to City Council RE: Potential Board Members, Albert J. Franks, Jr. and Brenda Defoe Surprenant. The credentials and experience of both applicants were read. Mr. Franks stated that Cape Canaveral is ready to explode in development and he would like to be a part of this process. He has extensive experience in real estate, land planning for the City of Oviedo and working with the Chamber of Commerce. Planning & Zoning Board Meeting Minutes October 7, 2015 Mrs. Surprenam explained that she is near the end of acquiring her Master's Degree in Arts/Urban and Regional Planning. She explained that she too feels that the City is moving forward in development, but she would like to see the natural environment protected while this occurs. Board Members were impressed with both applicants and a recommendation to delay the decision until after the Election on November 4, 2015, was suggested. Motion by Mr. Kittleson, seconded by Mr. Pearson to delay the final decision until after the Election. The motion failed 3-2 with voting as follows: Dr. Fredrickson, Against; Mr. Friedman, Against; Mr. Russell, Against; Mr. Pearson, For; Mr. Kittleson, For. After further discussion, Board Members recommended Brenda Defoe Surprenant for the vacancy. Motion by Dr. Fredrickson, seconded by Mr. Pearson to recommend to City Council the appointment of Brenda Defoe Surprenant to fill the Planning and Zoning Board Member vacancy. The motion carried 4-1 with voting as follows: Mr. Pearson, For, Craig Kittleson, For; Dr. Fredrickson, For; Mr. Russell, For, Mr. Friedman, Against. Board Members asked Assistant City Attorney Kopp if a recommendation to City Council for an alternate Board Member is allowed, to which she agreed that it could be a recommendation. Discussion ensued regarding the responsibilities of an alternate and the process for moving into a new vacancy position. Albert J. Franks, Jr., was recommended as an alternate. Motion by Mr. Kittleson, seconded by Mr. Pearson to recommend to City Council, Albert J. Franks, Jr. as an alternate. Vote on the motion carried unanimously 3. Ouasi-Judicial and/or Public Hearing: Consideration and Recommendation to Board of Adjustment Re: Special Exception No. 12-01 (Amendment) to authorize a setback reduction of the outdoor display area in the C-1 Zoning District, per City Code of Ordinances, Section 110-334 (c)(8), Special Exceptions permissible by the Board of Adjustment — AIA Beach Rentals, LLC — Applicant — (6811 N. Atlantic Avenue). Mr. Dickey presented Stabs report/photos. Staff explained that the request is to amend Special Exception 2012-01 which authorized the establishment of Al Beach Rental. On April 5, 2012, the Board of Adjustment approved Special Exception No. 2012-01 to allow a retail store and the use of outside display areas in the C-1 Zoning District per Sec. 110-334(c)(8) of the City Code. The approval was conditioned as follows: 1. The display area shall be limited to 446 square feet in total area; 2. The display area shall be in substantial accordance with the attached site plan; 3. Display shall be limited to beach rental equipment to include: surfboards, paddle boards, bicycles, canoes, kayaks, and a canoe/kayak trailer; and Planning & Zoning Board Meeting Minutes October 7, 2015 4. All rental equipment/display is to be brought inside the building after operating hours with the exception of the licensed canoe/kayak trailer. The .72 acre parcel contains a 3,500 square foot building which also houses the Euro Cafe and Flip Flop Pool and Spa Supplies. The property is accessed by two driveway cuts onto AIA. Surrounding properties are zoned C-1. A mobile home park is located northwest, a rental car facility to the south and Yogi's Food/Liquor store to the east. The request under consideration is to amend Condition #2 to allow the existing display area to relocate to the property line near the right-of-way (behind the sidewalk). All other conditions would remain the same. Currently, the display area is setback 50 feet from the AIA right-of-way line. However, with the recent expansion of the EOOD (which included this property), the setback requirement from the AIA ROW has been reduced from 50 feet to 15 feet. It is Staffs recommendation that the setback requirement for the outdoor display area be reduced to 15 feet, as permitted by the FOOD. This would be consistent with how other businesses that utilize outdoor displays have been treated and would allow the placement of displays within the grassed area directly in front of the principal building. Mr. Russell opened the meeting to the public. Mr. Lane explained the need for the request is due to the speed of traffic driving by his business at 45 mph, a six-foot privacy fence next to his property and a new bus stop being placed in front of his business, all of which obstruct the view of his business until you have already passed by. He felt this gave the advantage to competitors in other cities to take away business not only from him, but from the City of Cape Canaveral. Mr. Russell closed the meeting to the public. Discussion ensued regarding the EOOD setback rules and how they apply to this property; making sure the setback rule is adhered to; concerns about other businesses following suit; posting of the property; whether adjacent property owners voiced any concerns; parking requirements; clarifying the Special Exception conditions vs the EOOD rules and type of items being displayed. Motion by Mr. Mttleson, seconded by Mr. Friedman to recommend denial to amend Special Exception No. 2012-01. The motion failed 3-2 with voting as follows: Dr. Fredrickson, Against; Mr. Pearson, Against; Mr. Russell, Against; Mr. Kittleson, For; Mr. Friedman, For. Assistant City Attorney Kopp directed the Board Members to make a new motion. Motion by Mr. Pearson, seconded by Dr. Fredrickson to recommend approval to amend Special Exception No. 2012-01 to the Board of Adjustment. The motion passed 3-2 with voting as follows: Dr. Fredrickson, For: Mr. Pearson, For; Mr. Russell, For; Mr. Kittleson, Against; Mr. Friedman, Against. Planning & Zoning Board Meeting Minutes October 7, 2015 Mr. Russell called for a 5 minute break and the meeting was back in session at 7:32p.m. Motion by Mr. Friedman, seconded by Mr. Kittleson to change the order of the Agenda items to hear Item # 5 before Item #4. Vote on the motion passed unanimously. 4. OuasiJudicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Ordinance No. 00-2015, Amending Chapter 110, Zoning, to Revise Article VII, Districts, providing for Craft Distilleries — City of Cape Canaveral — Applicant. Mr. Dickey presented Staffs report/photos. Staff explained that on June 12, 2013, the Governor signed HB 347, which continued the trend of reforming Florida's distilling laws. The law created a new category ("craft distilleries," also commonly referred to as micro -distilleries) for distillers who produce 75,000 gallons or less per year of distilled spirits. The most significant aspect of the law is that micro -distilleries are now able to sell on-site, directly to consumers, under conditions outlined in the law. Previously, the product was required to be shipped to a wholesaler before customers could buy the product. As a result of the State's relaxation of law, the number of micro -distilleries is quickly growing. In May 2011, the City Code was amended to allow breweries as a permitted use in the M-1 Zoning District. As proposed, micro -distilleries will be a permitted use in the C-2 Zoning District. A number of development regulations are proposed to ensure compatibility with surrounding properties to include: I. Onsite distilling shall not exceed 75,000 gallons total on an annual basis; and 2. Tasting rooms and/or retail shops associated with the distillery shall be permitted but shall not exceed 50 percent of the total square footage of the operation; and 3. No alcohol consumption, other than that associated with the tasting room, shall be permitted on-site; and 4. No by-product of the distilling operation shall be discharged into the City's wastewater system, unless it is properly pre-treated as approved by the City; and 5. All materials and supplies related to the distillery operation shall be stored in an enclosed structure. Staff recommends the Planning and Zoning Board forward its approval of Ordinance No XX - 2015 to the City Council. Mr. Russell opened the meeting to the public. Mr. Foleno is a Commercial General Contractor/Developer in Brevard County and sees this as an opportunity to bring more tourism and more jobs to the Cape Canaveral area. He would like to see the area grow. He is interested in a parcel in the C-2 Zoning District if this request receives approval. Mr. Russell closed the meeting to the public. Planning & Zoning Board Meeting Minutes October 7, 2015 Motion by Mr. Kittleson, seconded by Mr. Friedman to recommend approval to City Council Ordinance No. XX -2015 amending Chapter 110, Article VII — providing for craft distilleries. Vote on the motion passed unanimously. 5. Ouasi-Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Ordinance No. 00-2015, Amending Chapter 110, Zoning, to Revise Article VII, Districts, regarding Automotive Service Stations — City of Cape Canaveral — Applicant. Mr. Dickey presented Staff's report/photos. Staff explained that on February 26, 2015, the Board of Adjustment held a public hearing regarding Special Exception No. 2015-01 to allow the construction of a service station located at 6455 N. Atlantic Avenue. After a lengthy public hearing, the Board denied the application. However, the issue generated a great deal of public debate regarding the proposed use. Specifically, the public dialogue revolved around the location of the project and its compatibility with surrounding properties; notably the Cape Shores condo development. Although the applicant maintained all applicable development regulations were met, the public perception was that the project would negatively impact adjacent residential uses. At a subsequent City Council meeting, Staff was directed to prepare an ordinance that would further define and identify where best to locate future service stations. To that end, the attached ordinance has been prepared. Notable provisions of the ordinance include: 1. Service stations will only be permitted in the M-1 Zoning District. 2. Service stations must be separated by a minimum of two thousand (2,000) feet. 3. There shall be no more than ten (10) fueling positions (where one vehicle can be fueled) within any one service station. 4. A service station must be located on a parcel with a minimum of 100 feet of street frontage and a minimum lot area of 22,500 square feet. 5. Where a service station abuts a residential zoned property, a six-foot high finished concrete block wall shall be erected. Service stations existing on the date of adoption of the proposed ordinance shall be considered conforming uses and will continue to enjoy rights associated therewith. In other words, the standards established in the proposed ordinance shall only apply to new stations. Staff presented a zoning map and a buffer map and explained the areas under discussion. Staff recommends the Planning and Zoning Board forward its approval of Ordinance No XX -2015 to the City Council. Discussion ensued regarding the requirements existing gas stations abide by; record keeping of those requirements; increasing the height of concrete block wall and making the language more clear regarding the requirements and language of the Ordinance pertaining to existing service stations on date of adoption. Planning & Zoning Board Meeting Minutes October 7, 2015 Motion by Mr. Kittleson, seconded by Mr. Friedman to recommend approval to City Council Ordinance No. XX -2015 — An Ordinance of the City Council of the City of Cape Canaveral, Brevard County, Florida; amending Chapter 110, Article VII of the City Code regarding Service Stations; providing for conflicts, severability, incorporation into the Code, and an effective date with the proposed recommendation to increase the height of concrete block wall to eight (8) feet. Vote on the motion passed unanimously. REPORTS AND OPEN DISCUSSION: ADJOURNMENT: Motion by Mr. Friedman, seconded by Mr. Yiitdeson to adjourn the meeting at 8:19 p.m. Vote on the motion was unanimous. Approved on this c�( 0 day of 12015. L ussell, Vice Chai erson Patsy Huffman, Board Se