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HomeMy WebLinkAboutBOA Minutes 3-28-2013City of Cape Canaveral Board of Adjustment Meeting Minutes March 28, 2013 A Board of Adjustment Meeting was held on March 28, 2013, at the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Dennis Jenkins, Vice Chairperson, called the meeting to Order at 6:00 P.M. The Secretary called the roll. MEMBERS PRESENT: Dennis Jenkins Vice Chairperson George Sweetman Linda Brown Arvo Eilau MEMBERS ABSENT: Paula Collins Douglas Raymond OTHERS PRESENT: Susan Chapman Secretary Barry Brown Planning & Development Director Kate Latorre Assistant City Attorney Lamar Russell Ex Officio Member & Chairperson of the P & Z Board All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS 1. Approval of Meeting Minutes: August 30, 2012. Motion by Dennis Jenkins, seconded by George Sweetman, to approve the meeting minutes of August 30, 2012, as written. Vote on the motion carried unanimously. 2. Motion Re: Special Exception Reauest No. 13-02 to Allow Outside Storage of Import and Export Cargo, primarily consisting of vehicles, lumber, and shipping containers in the M-1 Zoning District at 209 Georg Blvd. - Randall L. May, Authorized Agent for CEMEX Construction Materials Florida, LLC, Property Owner. Barry Brown advised that there were two Special Exception requests on the Agenda. Both requests are by the same applicant, both requests are for adjoining properties, and both requests are for outside storage in the M-1 Zoning District. He described the locations of the two properties and showed an aerial map of the properties and surrounding properties. Barry Brown gave his Staff Report, explained the request, described the property, surrounding uses, and zoning. He explained the Special Exception Request; and reviewed the Special Exception Worksheet. He noted that Staff would evaluate the grading of the property to ensure proper drainage of the stormwater pond located on the South side of the property, during the site plan process. Board of Adjustment Meeting Minutes March 28, 2013 Page 2 of 6 Ray Osborne, citizen, asked that the Agenda items be reversed. Barry Brown replied that because there were fewer issues involved with this Request than the next Agenda item, this Request needed to be considered first. Barry Brown advised that the Applicant was in the process of purchasing the property with the intent of using it for outside storage of heavy equipment, vehicles, lumber, shipping containers, etc. The Applicant is in the freight and shipping business and one component of that business is the temporary storage of items awaiting distribution or reshipment. The Applicant is currently storing items on the North side of George King Blvd (GKB) and on a lot owned by the Canaveral Port Authority (CPA). The Applicant intends to move the operation to the CEMEX property and to the adjoining property to the East. Barry Brown advised that Staff has identified the following issues: 1) Screening & buffering of the property. He explained that the North side of the property is owned by the CPA. He understood that the applicant and CPA have an agreement with the applicant to allow additional plantings along GKB. He showed the Board photos of existing vegetation; and 2) Limiting shipping container stacking. He advised that if stacking is allowed it should be limited to three (3) containers high (which is approximately 24 ft. in height). Brief discussion followed regarding type of landscaping to be planted for screening & buffering. Barry Brown advised that Staff recommended approval, with the following conditions: 1) Landscaping shall be provided along GKB to create an opaque buffer at least the same height of the fence. 2) Stacking of shipping containers shall be limited to three (3) high. He noted that the Planning & Zoning Board requested clarification that this is an Outside Storage Use, it is not a Commercial Parking Facility, and is not to be used for parking for cruise ship patrons. The Board members held discussion regarding: traffic flow across and along GKB; letter from John Walsh, CPA; subjective effects the use may have on neighboring properties; and bicyclist and pedestrian visibility along the sidewalk on the north side of the property. It was noted that the bicycle path is owned by the CPA. The Board members agreed that signage should be placed at the exit, warning truck drivers of the bicycle and pedestrian path. The Board members also reviewed a letter from Ray Osborne, City Historian, dated March 13, 2013, regarding his concerns with historical or archeological issues on the site. Barry Brown replied that the property was already developed; therefore, Mr. Osborne's concerns were not germane to this site. Board of Adjustment Meeting Minutes March 28, 2013 Page 3 of 6 Ray Osborne, citizen, questioned if this was the right development for the City? He spoke about Visioning and partnering with the Port relating to tourism from the ships. He questioned if this Special Exception was in keeping with the spirit of the City's Community Redevelopment Plan? Discussion followed. Barry Brown clarified that the Special Exception was not a deviation from the current M-1 (Light Industrial) Zoning. He noted that the Visioning was not focused on the industrial area of the City, but primarily along AIA, Central Blvd. and N. Atlantic Avenue. He verified that the City has an open dialogue and good relationship with the CPA. Randy May, Applicant, clarified that the CPA owns the piece of land north of the land he plans to purchase; therefore, travel on that land will be necessary to get onto GPB. If he does not meet all the CPA criteria, then the CPA will not lease their land to him. He advised that there will be no access on North Atlantic Avenue for the purpose of this Special Exception. He described the overall business operation. He stated that the only items that will be stored on the property are listed on the Special Exception request. If he needs to store other items in the future he will come back and request an additional Special Exception. He advised that the only time he would need to store lumber on this site is if there is an overflow situation at the current storage location on the North side of the Port. Lighting will be installed for security purposes and will comply with turtle lighting requirements. He verified that no hazardous materials or waste will be stored. Discussion was held regarding listing specific items allowed to be stored. Attorney Kate Latorre clarified that the specified items listed on the application do not regulate what will be stored on the property. The Special Exception Use is for outside storage. If the Board grants the Special Exception the applicant will have the Use for outside storage; unless, the Board specifically limits the Use, by specifically listing the items allowed to be stored. Brief discussion followed. Motion by Dennis Jenkins, seconded by Linda Brown, to approve Special Exception Request No. 13-02, with the following conditions: 1) The applicant will plant palm trees of similar size between the existing palms, and to extend the palms for the remainder of the frontage on George King Blvd. The Applicant will plant shrubs along the entire frontage on George King Blvd. to grow as high as, or higher than the existing fence, and to be opaque within two (2) years of planting. 2) The Outside Storage Use is not a Commercial Parking Facility, and parking for cruise ship patrons will not be allowed. 3) The stacking of shipping containers shall be limited to three (3) containers high. 4) The Applicant will erect signs at the exits of the property warning truck drivers of the bike and pedestrian path. Board of Adjustment Meeting Minutes March 28, 2013 Page 4 of 6 5) The Applicant will submit a Site Plan in accordance with Code Section 110-221, to be approved by City Staff before any activity begins on the property. 6) Outside Storage will be limited to heavy equipment, vehicles, lumber, and shipping containers. Vote on the motion carried by a (3) to (1) majority vote, with members voting as follows: Arvo Eilau, against; Dennis Jenkins, for; George Sweetman, for; and Linda Brown, for. Arvo Eilau announced that he did not have sufficient information pertaining to any adverse impacts to have voted in favor of the Request. Discussion followed regarding: stacking, landscaping, noise, potential for increased traffic, and the Site Plan approval process. At 7:55 p.m., Dennis Jenkins announced a five minute break. The meeting reconvened at 8:05 p.m. 3. Motion Re: Special Exception Request No. 13-03 to Allow Outside Storage of Import and Export Cargo, primarily consisting of heavy equipment, vehicles, lumber, and shipping containers in the M-1 Zoning District on Vacant Parcel 258.0 - Randall L. May, Authorized Agent for Maysen Properties, LLC, Property nwn Pr Barry Brown gave his Staff Report, explained the request, described the property, surrounding uses, and zoning. Discussion was held regarding buffering along the East side of the property, limiting stacking of containers to three (3) high, land clearing and tree removal, items requesting to be stored, no access from N. Atlantic Avenue, potential impact to the abutting residential mobile home park and three (3) single family residences located to the east of the subject property; and adjacent zoning and uses. Barry Brown advised that the Planning & Zoning Board heard the request and recommended approval with the following conditions: 1) No vehicular access shall be provided from North Atlantic Avenue. 2) A natural vegetative buffer shall be provided along the East property line, a minimum of 20 feet in width. 3) The Outside Storage Use is not a Commercial Parking Facility. Parking for cruise ship patrons will not be allowed. 4) The stacking of shipping containers shall be limited to three (3) containers high. 5) A sign shall be posted stating that no commercial, or cruise ship parking is allowed. Board of Adjustment Meeting Minutes March 28, 2013 Page 5 of 6 Discussion followed regarding buffering along the East property line. Barry Brown noted that a Site Plan will be required per Code, prior to any activity on the site. He noted a discrepancy between the Applicant's survey and the owner of the mobile home park's survey. They had agreed to hire a surveyor to determine where the property line is actually located. He advised that one of the mobile homes was actually located on Mr. May's property that will need to be moved onto the adjacent property if the Special Exception is granted. Randy May, Applicant, explained that this Request was the same as the previous Request, the only difference with the close proximity to residential. He advised that his plan for long-term use of the property was to construct buildings, which will require a 25 ft. setback, and he had no problem providing a 25 ft. natural vegetation buffer and a fence that would act as a sound barrier. He did not plan to clear the property all at once. He planned to clear approximately one acre at a time, starting at the Western portion of the property (closest to the CEMEX property and furthest away from the residential properties) and work his way East. He advised that plans for the type of fencing to be used has not been finalized, but he agreed to build any type of fence the owner of the mobile home park wants. Discussion followed regarding future development plans of the site and noise buffering. Ray Osborne, citizen, spoke about potential miscellaneous impacts, possible historical preservation and archeological artifacts, and impact to wildlife. Discussion followed. Elizabeth Eberwein, adjacent property owner, voiced her concerns regarding how the Special Exception may impact her property. She advised that the Special Exception would create excessive noise, vibration, odor, storm water runoff, and undetermined negative impacts. The tenants living along the western side of her property will be negatively impacted if the use encroaches as closely as described. If the Special Exception is granted, the tenants and other property owners' tranquility will be substantially disturbed. The Use will be in non-compliance with the City's Noise Ordinance. Since she did not have previous knowledge of what is being proposed, she hasn't had sufficient time to assess the rights of the residents in the Mobile Home Park and adjacent property owners. She respectfully requested that the Board grant a Continuance, per Code Section 110-30.1 (c) (7), Due Process, for 90 days. The Board held discussion regarding granting the request and establishing a date certain for the requested Continuance. Motion by Dennis Jenkins, seconded Linda Brown, to grant the Continuance, as requested, and to schedule the Continuance on Thursday, July 11, 2013. Vote on the motion carried unanimously. 4. Election of Chairperson and Vice Chairperson. Dennis Jenkins opened the floor to nominations for Chairperson. George Sweetman nominated Dennis Jenkins as Chairperson. Linda Brown seconded the nomination. Dennis Jenkins accepted the nomination. There being no further nominations, the nominations were closed. Vote on the nomination to elect Dennis Jenkins as Chairperson carried unanimously. Board of Adjustment Meeting Minutes March 28, 2013 Page 6 of 6 Dennis Jenkins opened the floor to nominations for Vice Chairperson. Linda Brown nominated Arvo Eilau as Vice Chairperson. Dennis Jenkins seconded the nomination. Arvo Eilau accepted the nomination. There being no further nominations, the nominations were closed. Vote on the nomination to elect Arvo Eilau as Vice Chairperson carried unanimously. OPEN DISCUSSION & PUBLIC COMMENT: No open discussion or public comment was held. There being no further business for the Board to consider the meeting adjourned at 9:00 p.m. App r,,,\ed on this -day..-,of 2013. -Den �ank-ins, VJe e Chairperson r �,rO 10, tA Y Susan L. Chapman, Secretary