HomeMy WebLinkAboutMay 26, 2010 P & Z MinutesPLANNING & ZONING BOARD
MEETING MINUTES
MAY 26, 2010
A Regular Meeting of the Planning & Zoning Board was held on May 26, 2010, at the
City Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar
Russell, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called
the roll.
MEMBERS PRESENT
Lamar Russell
Bea McNeely
John Fredrickson
Harry Pearson
Donald Dunn
John Johanson
Ron Friedman
OTHERS PRESENT
Susan Chapman
Kate Latorre
Robert Hoog
Barry Brown
NEW BUSINESS
Chairperson
Vice Chairperson
1St Alternate
2nd Alternate
Secretary
Assistant City Attorney
Council Member
Planning & Development Director
Approval of Meeting Minutes: May 12 2010
Motion by Bea McNeely, seconded by Harry Pearson, to approve the meeting
minutes of May 12, 2010. Vote on the motion carried unanimously.
2. Continued Discussion & Recommendation to City Council Re: Proposed
Ordinance Amending Section 110-557 to Allow Commercial Parking
Facilities by Special Exception in the C-1 M-1 and C-2 Zoning Districts
(tabled at previous meeting).
Barry Brown, Planning & Development Director, gave an overview of the agenda
item and staff report. He advised that he gave this request a considerable amount of
deliberation, and was involved in the Board's discussions. He continued by stating
that this was an appropriate use given the right location, buffering, screening, and
with the city's ability to limit the number of commercial parking facilities; and the
use should be allowed in C-1, C-2 & M-1. He advised that he was not in support of
parking garages. He commented that the economics of paving and providing
stormwater would preclude most people from converting their vacant land into a
commercial parking facility.
Planning & Zoning Board
Meeting Minutes
May 26, 2010
Page 2
The Board held discussion regarding restricting hours of operation. Following
discussion, the Board members agreed that the hours of operation should be
flexible. Discussion was held regarding provisions for security. Following brief
discussion, the Board agreed that provisions should be added to individual special
exceptions. Discussion was held regarding the City's need for additional parking.
Bea McNeely commented that she recognized the need for parking and believed the
ordinance criteria was adequate. Discussion was held regarding distance
requirements between like establishments. Barry Brown pointed -out that 1/3 mile
was the distance requirement for vehicle rental facilities. Bea McNeely suggested
that the distance criteria for commercial parking be changed to a 1/2 mile to create
more space between them. Donald Dunn advised that he would not support adding
car lots on A1A, because they would not help or improve the look of the City, and
should only be allowed in the M-1 zoning district. Ron Friedman believed that there
was a need for commercial parking. He noted that one of the car rental facilities was
allowed a maximum of 28 vehicles and he recently counted 43 vehicles. He advised
that another car rental facility parks vehicle overflow on the grass, right up to the
sidewalk. He explained that since part of the vision was to have people come and
walk around town to restaurants and shops there would be a need for added
parking. He agreed with Mr. Porter that in our present economic times, it was a
reasonable request to get something out of the land now in terms of return, and
when economics improved those property owners will want to do something
different with their land.
John Johanson agreed that there was a need for parking. He noted that on the south
end of town from the A1A/N. Atlantic Avenue triangle south, there was a need;
however, the north end appeared not to have the same need. He advised that new
parking facilities would need to be built to the current code, because there was no
grandfathering, since the use as it stood now did not exist. He voiced his opinion
that this issue needed to be addressed at the same time as the visioning so it was
uniform with the vision. He commented that if the open properties at the north end
of the City were allowed to have commercial parking it would be a huge mistake. He
wanted the distance requirement to be 1/3 of a mile south of the AIA split only, and
no distance requirement for the north end.
John Fredrickson advised that he has lived in the City for 19 yrs. This morning he
drove from the north end of the City to the south end and looked at what his town
had to offer. He advised that along A1A, there were two carpet stores, three car
washes, three hotels, four gas stations, five car rental facilities, who over park their
lots and do what they want; and if they were a forewarning of future parking lots
then he wanted no part of it.
Planning & Zoning Board
Meeting Minutes
May 26, 2010
Page 3
John Fredrickson noted that there were at least 17 vacant lots, two outside
entertainment places, Fairvilla, and a few nice buildings; when he turned around at
the south end of the City and came back, he did not see a town that he would like to
live in. There was nothing from Route 528 south through the City. He voiced his
opinion that the City did not need a parking lot, because there was nothing in Cape
Canaveral that anyone would want to park their car and walk to see. He noted that
the City paid $35,000 for visioning to find out how it could improve and be
something. The City did not even have a chance to vision, and the requests were
already coming through for commercial parking lots. Harry Pearson voiced his
opinion that there was no need for a minimum separation between commercial
parking lots. He commented that a 15 ft. buffer was excessive. Barry Brown
disagreed and added that along A1A 15 ft. should be considered a minimum.
Discussion was held regarding the legal standing of the City's visioning. Chairperson
Russell advised that if the Board made a favorable or adverse decision based on the
visioning, it would have no legal standing. The only legal standing that the members
could base their decision on was the existing Comprehensive Plan and the existing
Zoning Code. He commented that the Board had spent a lot of time on the visioning
process, and it was unknown how commercial parking would compliment or mess-
up the coming visioning. He advised that the vision was a facilitating plan and had
no legal standing. Kate Latorre, Assistant City Attorney, explained that the visioning
plan did not have the force of law, and it was a planning tool to be impetus to start
adopting Comprehensive Plan and Zoning Code amendments, so the City could
obtain these things that have been included in the visioning. She did not see
anything wrong with looking at the visioning for purposes of analyzing the proposed
amendment to the City code. She noted that the visioning should be used as a guide,
and in reviewing the application, the Board should be reviewing it from a planning
and zoning perspective. John Fredrickson stated that the saying "build them and
they will come" was nonsense, because there was nothing here for them to see.
Chairperson Russell stated that an ordinance for commercial parking was
premature. Discussion continued.
John Porter, applicant, advised that most of his points were already made at
previous meetings and most of the five City Council members supported paid
parking at the beach ends and that this request may weigh-in favorably, for the
simple reason that if the City wants to do it, the taxpaying citizens should have that
same opportunity.
Planning & Zoning Board
Meeting Minutes
May 26, 2010
Page 4
John Porter advised that many existing large parking lots on A1A were not well
buffered or attractive, because they were installed so long ago that the current City
code did not apply to them. He advised that his parking lot would be heavily
buffered, landscaped, and virtually unseen from AU He had no intention on
obtaining a special exception to enhance the resale value of the property. He
planned to cash flow the property and keep it long term. If the City did not approve
the ordinance, the City was going to have more of what it already had right now. He
noted that there was parking all around town in violation of City code and pressure
from existing infrastructure for more parking.
Chairperson Russell asked for audience comments. Leo Nicholas, citizen,
commented regarding commercial parking that the City already had. He noted that
the 800 lb. gorilla already existed at the hotels on the City's north end. He voiced his
opinion that it should be legalized or addressed by code enforcement for violation of
the City code. Joyce Hamilton, citizen, advised that she travels up and down A1A
and has witnessed cars parked on grass areas. She believed that there was a need
for additional parking, but not necessarily on A1A. She voiced a concern that one of
the problems would be transporting people once they park their vehicle at a
commercial parking site.
At 8:20 p.m. Chairperson Russell called for a five minutes recess. He called the
meeting back to Order at 8:26 p.m.
Chairperson Russell reviewed the draft ordinance, including proposed special
exception conditions for commercial parking facilities. He advised that 1/3 of a mile
should be changed to a 1/2 mile; and condition #9 - hours of operation be deleted
as suggested by some of the Board members. Brief discussion followed.
Motion by Lamar Russell, seconded by Donald Dunn, to recommend that the City
Council disapprove the proposed ordinance to authorize paid commercial parking
facilities by special exception. Vote carried by a 4 to 1 vote, with members voting as
follows: Donald Dunn, for; John Fredrickson, for; Bea McNeely, against; Harry
Pearson, for; Lamar Russell, for.
Donald Dunn asked when a vehicle was considered storage. Kate Latorre responded
that it would be a business by business decision, because it was not addressed in the
City code.
OPEN DISCUSSION
No open discussion was held..
Planning & Zoning Board
Meeting Minutes
May 26, 2010
Page 5
Motion by Lamar Russell, seconded by Donald Dunn, to adjourn the meeting at 8:40
p.m.
Approved on this @ t "" day of 2010.
. ..... Am CA2 X'
Lamar Russell, Chairperson
Susan L. Chapman, Secretary