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HomeMy WebLinkAboutP&Z Minutes 2-27-2013PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 27, 2013 A Meeting of the Planning & Zoning Board was held on Wednesday, February 27, 2013, at the City Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to Order at 7:00 p.m. by Chairperson, Lamar Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairperson Harry Pearson Vice Chairperson John Fredrickson Donald Dunn Ron Friedman Bruce Collins John Price OTHERS PRESENT Susan Chapman Secretary Kate Latorre Assistant City Attorney Barry Brown Planning & Zoning Director NEW BUSINESS Approval of Planning & Zoning Board Meeting Minutes - January 23, 2013. Motion by Harry Pearson, seconded by Ron Friedman to approve the Meeting Minutes of January 23, 2013. Vote on the motion carried unanimously. Barry Brown advised that the next two agenda items were Special Exception requests for outside storage on two adjoining parcels. Barry Brown announced that John Walsh, Deputy Executive Director of Infrastructure, Port Canaveral, was present to answer any questions, if needed. 2. Recommendation to Board of Adiustment 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 George King Blvd. - Randall L. May, Authorized Agent for CEMEX Construction Materials Florida, LLC, Property Owner. Barry Brown gave his Staff Report. He described the subject property and summarized the Request. The Board viewed an aerial outlining the subject property. The Board reviewed and discussed the Special Exception Worksheet. Following discussion, Barry Brown advised that Staff recommended approval, with certain conditions, as follows: 1. Landscaping shall be provided along George King Boulevard. 2. Clarification that the Use is not a Commercial Parking Facility, and parking for cruise ship patrons will not be allowed. Planning & Zoning Board Meeting Minutes February 27, 2013 Page 2of7 3. The stacking of cargo containers shall be limited to three containers high. The Board discussed Staffs recommended conditions. Randy May agreed to the conditions. Chairperson Russell opened the floor for public comment. Residents voiced concerns regarding potential increased traffic on N. Atlantic Avenue and vehicular access. Randy May verified that there would be no access for vehicular traffic from N. Atlantic Avenue. All traffic would be from George King Boulevard and Marlin Street. Motion by Donald Dunn, seconded by Ron Friedman to recommend approval to the Board of Adjustment. Vote on the motion carried unanimously. Discussion followed. Motion by Bruce Collins, seconded by Harry Pearson to clarify that the Board's recommendation includes all conditions recommended by Staff. Vote on the motion carried unanimously. 3. Recommendation to Board of Adjustment Re: Special Exception Request No. 13-03 to Allow Outside Storage of Import and Export Cargo, primarily consisting of heave 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 Owner. Barry Brown advised that this property abutted the property from the previous Special Exception Request. He gave his Staff Report, described the subject property, and summarized the Request. The Board viewed an aerial outlining the subject property. The Board reviewed and discussed the Special Exception Worksheet. Following discussion, Barry Brown advised that Staff recommended approval, with certain conditions, as follows: 1. No access shall be provided from N. Atlantic Avenue. 2. There shall be a natural vegetative buffer provided along the east property line. 3. The Use is not a Commercial Parking Facility, and parking for cruise ship patrons will not be allowed. 4. The stacking of cargo containers shall be limited to three containers high. The Board discussed Staffs recommended conditions. Randy May agreed to the conditions. Chairperson Russell opened the floor for public comment. James Zabroski, resident, and V.P. of Portside Villas HOA, inquired about the hours of operation, noise buffering, devaluation of surrounding properties due to adjacent aggregate operation, and potential chemical spills. Randy May advised that the normal hours of operation would be 8 a.m. - 5 p.m.; Monday -Friday; chemicals and fuel will not be stored. Any spills will be cleaned -up and disposed of properly. Mr. Zabroski stated that the residents of Portside Villas objected to the granting of the Request, because it will further devaluate their property. Planning & Zoning Board Meeting Minutes February 27, 2013 Page 3 of 7 Gail Doscher, resident, inquired about plans to clean up any spills from chemicals and diesel fuel being stored on the property. Randy May confirmed that they are not storing chemicals or fuel. Ray Osborne, City Historian, inquired if there were any known historical resources on the site, such as: Indian artifacts, historical relics, or any items of historical value. Randy May answered that he did not know of any previous structures or Indians on the site. Chairperson Russell advised that the City Code addresses historical relics, artifacts, or items of historical value. Craig Kittleson, resident, Harbor Heights, asked if there was a requirement for a wall or barrier between commercial property and residential property? Chairperson Russell advised that the City Code addresses separation requirements for fences, walls, hedges, vegetation, landscaping, and buffering. Barry Brown advised that a 20 ft. buffer was reasonable. Randy May advised that in addition to the 20 ft. natural vegetative buffer, a fence would be placed along the property's eastern boundary. Ron Friedman pointed out that one of the mobile homes intrudes on the subject property. Randy May stated that he would work something out with the property owner. William Folkarely, resident, Port Canaveral Trailer Park, inquired about traffic, ingress and egress, and lighting. He asked if the lot will be paved or dirt? Barry Brown answered that as per City Code, where the equipment is stored will be paved and where containers are stored is not required to be paved. Randy May advised that there would be no ingress or egress from N. Atlantic Avenue. Chairperson Russell advised that the City Code does not require lighting. Mr. Folkarely requested that there be a 50 ft. buffer or a sound barrier wall. Elizabeth Eberwein, owner of Port Canaveral Trailer Park, asked for as much buffering as possible. Ron Friedman recommended that a minimum 30 ft. buffer be provided along the east property line, because of the impact on existing residents. Discussion followed. Randy May advised that he did not want to construct a wall. He agreed to a 20 ft. vegetative buffer; however, if it turns out that the 20 ft. buffer is inadequate for the neighboring property, he will work out a solution with that property owner. Motion by Bruce Collins, seconded by Harry Pearson to recommend approval, with the following conditions: 1. No vehicular access shall be provided from N. Atlantic Avenue. 2. There shall be a minimum 20 ft. natural vegetative buffer provided along the east property line. 3. The Use is not a Commercial Parking Facility. Parking for cruise ship patrons will not be allowed. 4. The stacking of cargo containers shall be limited to three containers high. 5. A sign shall be posted stating that no commercial or cruise parking is allowed. Planning & Zoning Board Meeting Minutes February 27, 2013 Page 4 of 7 Motion carried by a (5) to (1) majority vote as follows: Bruce Collins, for; Donald Dunn, for; John Fredrickson, for; John Price, for; Ron Friedman, against; Lamar Russell, for; and Harry Pearson, for. Ron Friedman advised that the only reason he voted against the motion was because of the width of the buffer. Chairperson Russell advised that the recommendations would move forward to the Board of Adjustment. 4. Recommendation to City Council Re: Planned Development No. PD 2013-01 to Allow for a Helicopter Tour Business on Vacant Parcel 804.0 - Mark Grainger, Authorized Agent for Sheldon Cove, LLP, Property Owner. Barry Brown advised that this was a request for a Planned Development (PD) Zoning and Land Use Plan, within the A1A Economic Opportunity Overlay District, for a helicopter tour operation, per Code Section 110-609; and to retain all uses allowed in the C-2 Commercial/Manufacturing Zoning District. He described the property, and noted that the property fronts A1A and Imperial Boulevard. The Board viewed an aerial map. Barry Brown pointed -out surrounding properties and their uses; and gave his Staff Report. He advised that the proposed Use is considered an Attraction and Destination Use, pursuant to the PD process. He outlined the steps for processing a PD. He advised that the City's Development Review Committee met to consider the Request and recommended approval. He advised that the next step after the PD Zoning and Land Use Plan would be a site plan that will come before the Planning & Zoning Board for recommendation. Barry Brown stated that per Code, the applicant will need to provide an office and restrooms. He read the related Code Section and advised that the applicant is requesting to be allowed to have a temporary structure as an office, for a period of 36 months, which is the life of the lease for the property. He explained that the issue needed to be addressed in the PD Zoning and Land Use Plan. He pointed out that the Code currently allows a temporary structure for up to 6 months; however, through the PD process the City could allow for a temporary structure for a longer period of time. He further advised that the applicant may also want to use a surplus military helicopter as an office. He reported that the building will need to be connected to the City of Cocoa's central water system; access to the site will be from Imperial Boulevard, no access from A1A; parking will be provided on an existing paved parking area located on the property; the site will need to be cleaned -up of overgrowth of undesirable plant species and debris to make it more of an asset to the City; and the proposed hours of operation are 9 a.m. - 9 p.m.; Monday -Sunday. Ron Friedman asked how the office would be tied into the City sewer system, as required by Code. Barry Brown answered that he will either tie into the City sewer system or have an office structure with a bladder, which can be pumped out periodically. He advised that the City's Public Works Director is comfortable with a bladder type system. He would contact the Public Works Director about his interpretation of the Code, and invited Ron Friedman to do the same. Planning & Zoning Board Meeting Minutes February 27, 2013 Page 5 of 7 Mark Grainger, Applicant, advised that he currently has a helicopter and bi-plane business at the Merritt Island Airport. He was requesting to use the property in question for base takeoffs and landings of his helicopter ride business. He believed that this property would be ideal for this use, because it directly allows him to depart and arrive on a path to the northeast which avoids fly over of any residential area. He advised that the helicopter he plans to use is a Robinson 44, which is advertised by the manufacturer to be the quietest production engine helicopter produced; it puts out approximately 81 decibels directly overhead at 500 ft.; and holds 3 passengers, plus the pilot. He stated that the helicopter will never fly over A1A, or West and East of A1A, or over any land mass, because there is plenty of area to depart and land to the northeast and stay over the industrial area. He noted that Mr. Massoni, owner of Florida Beer Company, supported the Request and hoped to co -market the concept of a tourist destination. Discussion was held regarding location of power lines on the North end of the property; approach and departure; flight paths; noise and decipal levels; FAA regulations, requirements, and certification of the airfield; the helicopter will be hangered at the Merritt Island Airport; maintenance will be performed at the Merritt Island Airport; helicopter refueling will be performed on site by fuel truck; there will be no fuel or oil stored on site; some repairs may be done on site; there will be no security screening of passengers. He spoke about a recent helicopter incident at the Merritt Island Airport where there was a mechanical failure and subsequent crash of his helicopter. Discussion was held regarding serenity of the residential neighborhoods; disturbances of noise to residents and business employees; distraction for drivers traveling along Al A; safety concerns; quality control of pilots and monitoring enforcement of flight routes. Chairperson Russell called a five minute break at 9:02 p.m. The meeting reconvened at 9:10 P.M. Chairperson Russell opened the floor for public comment. He limited public comments to three minutes. Kim Rezanka, Attorney, advised that she was retained by the owners of the AJT building, 8890 Astronaut Blvd. She advised that the owners are concerned about noise, compatibility, and safety. They are concerned about the impact of their ability to retain and acquire new tenants. She advised that the building has a lot of glass and windows; current tenants are government contractors who need quiet to concentrate. She was unclear if the new Planned Development Code was followed properly and if all required exhibits were provided. Since she was just retained the morning of this meeting by the owners of AJT, she did not have time to review the file and confirm that all the required items had been submitted. As per Section 110-30 (1) (c), Due Process, she respectfully requested a continuance. She also did not believe that her client as an interested party received proper and sufficient notice. She believed that there was insufficient time to review the land use application, per Section 110- 742 (b). She advised that her review of the agenda packet lead her to conclude that there is no actual plan that has been reviewed; Staff has only reviewed a Use. She also requested a continuance to allow a flight demonstration with a noise expert, during a normal business day when people are working in the AJT building and surrounding businesses. She needed time to review the application and criteria required by Code. She pointed out that the second item of the criteria deals with compatibility. She advised that the property is located in a commercial zone, not a tourist zone. She advised that the documentation Planning & Zoning Board Meeting Minutes February 27, 2013 Page 6 of 7 provided by the applicant is from the company that he is buying the helicopter from; and the company is using an average weight of decibels, it does not use an average noise level of what people actually hear. She submitted an exhibit (Exhibit A) and explained the contents of that exhibit. She respectfully requested that the Board grant a Continuance to allow time for the application to be properly evaluated, including a demonstration with the proposed helicopter and noise measurements performed by an expert; and for the City to provide proper notification; or the Board deny the application in its entirety. Residents voiced concerns regarding: noise; privacy; safety; distraction; property values; quality of life; serenity; annoyance; disconcerting; incompatibility; site utilization; eyesore; increased traffic; no tax incentives from this type of tourist business; and need for an aviation acoustics expert. Positive comments from business owners, representatives from the Brevard County Tourist Council, and Cocoa Beach Chamber of Commerce included: applicant has integrity and is trust worthy; a man of his word; operation would be a good business model for tourism; a new tourist attraction to the area; give the applicant a chance; positive feedback from customers surveyed of existing tours from this business; the applicant has a good track record; and the Use is allowed by Code. Mark Grainger responded to the comments. Motion by Donald Dunn, seconded by Ron Friedman to recommend denial of the request. Motion failed by a (5) to (2) majority vote against the motion, with members voting as follows: Bruce Collins, against; Donald Dunn, for; John Fredrickson, against; John Price, against; Ron Friedman, for; Lamar Russell, against; and Harry Pearson, against. Motion by Bruce Collins, seconded by John Price for a continuance. Discussion followed regarding: exploring measurements of decibel levels; obtain and review helicopter data; obtain input from FDOT with respect to proximity to AIA; obtain information from the FAA and certification criteria; explore security options; study emergency response capability; ask the applicant to conduct a noise decibel test with that aircraft; and ask the applicant to conduct multiple launch and landings with the aircraft so that decibel levels can be measured under multiple conditions; increase the distance for notification to property owners regarding the request; and address Attorney Rezanka's concerns. Motion carried by a (5) to (2) vote for the motion, with members voting as follows: Bruce Collins, for; Donald Dunn, against; John Fredrickson, for; John Price, for; Ron Friedman, against; Lamar Russell, for; and Harry Pearson, for. Discussion followed regarding scheduling the continuance. Following discussion, the Board decided not to reschedule the continuance to a date certain. Discussion was held regarding notification to property owners when the Board will meet to continue its consideration and recommendation of the Request. Barry Brown advised that the Code does not have specific notification requirements for this type of request. He advised that Staff would send property owner notices, post the meeting information on the City website, City Hall marque, and in the Local Briefs Section of the Florida Today newspaper. OPEN DISCUSSION: No open discussion was held. Planning & Zoning Board Meeting Minutes February 27, 2013 Page 7 of 7 There being no further business the meeting adjourned at 10:25 p.m. Approved on this day of 2013. Lamar Russell, Chairperson Susan L. Chapman, Secretary