HomeMy WebLinkAboutP&Z Minutes 8-24-2011PLANNING & ZONING BOARD
MEETING MINUTES
AUGUST 24, 2011
A Regular Meeting of the Planning & Zoning Board was held on August 24, 2011, at the City 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
MEMBERS ABSENT
Ron Friedman
OTHERS PRESENT
Susan Chapman
Kate Latorre
Barry Brown
NEW BUSINESS
Chairperson
Vice Chairperson
2`4 Altemate
Secretary
Assistant City Attorney
Planning & Development Director
Approval of Meeting Minutes: May 25. 2011.
Motion by Bea McNeely, seconded by John Fredrickson to approve the meeting minutes of May 25, 2011.
The Board members complimented the Board Secretary on the excellent writing of the minutes.
Motion carried unanimously.
2. Recommendation to City Council Re: Proposed Ordinance No. 06-2011 Relating to Pain
Management Clinics.
Kate Latorre advised that staff was bringing the draft ordinance to the Board at this meeting in an effort to
move it forward at a certain pace because Brevard County, which previously had adopted a County wide
moratorium on the issuance of local business tax receipts for pain management clinics was set to expire
this week. However, just a few days ago, she received confirmation that the County had extended the
moratorium for an additional year. She advised that the City should take advantage of the County wide
moratorium for as long as it can. She explained that now the City has plenty of time to enact the
ordinance. She will add a clarifying statement in the ordinance that the City is not opting out of the
Brevard County moratorium. She advised that the City can delay the effective date of the ordinance
until the County moratorium expires. The Board members agreed to move the proposed ordinance
forward to City Council.
Planning & Zoning Board
Meeting Minutes
August 24, 2011
Page 1 of 2
The Board members reviewed the proposed ordinance relating to pain management clinics. Kate
Latorre gave an overview of the proposed ordinance. She advised that many problems associated
with pain management clinics originated in South Florida and were becoming more prevalent in
the Central Florida area. Many local governments are now implementing zoning schemes or
license schemes in an effort to regulate pain management clinics. The City has chosen to regulate
the use, through zoning, by limiting the use in C-1 & C-2 zoning districts by special, exception.
Discussion was held regarding why the use was being limited to only C-1 & C-2, and not M-1. Kate
Latorre advised that staff initially considered the use in M-1, however the Sherriff's office is of the
opinion that they would prefer they be kept in the commercial zones where they are more visible.
Discussion was held regarding the city annually verifying the appropriate licensing. The Board
members agreed to ask Kate Latorre to speak with the Building Official regarding verification of
appropriate licensing during the annual renewal of the business tax receipt.
The Board reviewed an email from Board member Ron Friedman who could not attend the
meeting. He had suggested that on pg, 7, item (j) (") regarding "similar law", removing the words
"where such person is licensed to practice". He explained that an individual may be licensed in the
State, but may have been convicted or pleaded nolo contendere in another State where he/she is
not licensed. He used the example that the person may have been arrested for selling a small
amount of marijuana in a State where the, penalty may be a fine, probation, or suspended
sentence. Following discussion, the Board members agreed that on pg. 7, item (j)
(ii) to remove the phrase "where such person is licensed to practice"........ The Board
members continued to review and discuss the draft proposed ordinance.
Motion by Harry Pearson, seconded by Donald Dunn to recommend approval of proposed
Ordinance No. 06-2011, with the condition that on pg. 7, item 6) (ii) the phrase "where such person
is licensed to practice" be removed. Vote on the motion carried unanimously.
OPEN DISCUSSION:
Barry Brown gave a status update on some of the projects the City is working on, as well as, some
of the proposed revisions to the development approval process and the restructuring of some of
the City Boards.
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Approved on this 9"" day of 41`4 C -AA k3,C-Z 2011.
4 LIU L ........ .. ... .. I
Lamar Russell, Chairperson
Susan L. Chapman, Secretary