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Home My WebLink AboutP&Z Minutes 6-12-2013PLANNING & ZONING BOARD MEETING MINUTES JUNE 12, 2013 A Meeting of the Planning & Zoning Board was held on Wednesday, June 12, 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 Recording Secretary called the roll. MEMBERS PRESENT . Lamar Russell Harry Pearson John Fredrickson Donald Dunn Ron Friedman Bruce Collins John Price OTHERS PRESENT Mia Goforth Kate Latorre Todd Morley Barry Brown Rocky Randels John Bond Robert Hoog Betty Walsh NEW BUSINESS Chairperson Vice Chairperson (left the meeting at 9:40 p.m.) Recording Secretary Assistant City Attorney Community & Economic Development Director Planning & Zoning Director Mayor Mayor Pro Tem Council Member Council Member Approval of Planninq & Zoning Board Meetinq Minutes - May 22, 2013. Motion by John Fredrickson, seconded by Harry Pearson to approve the Meeting Minutes of May 22, 2013, as written. Vote on the motion carried unanimously. 2. 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, LLLP, Property Owner. (Request was continued from February 27, 2013 Planninq & Zoning Board Meeting.) Chairperson Russell outlined the manner of how the meeting would proceed. Planning and Zoning Director Barry Brown gave his Staff report. He described the subject property, provided the definition of a Planned Development, gave an overview of the proposed use and advised that the Board first heard the request on February 27, 2013. At that meeting, Staff presented the application and Staff Report, and the Board heard testimony from the Applicant and citizens. He summarized the Board's discussion and concerns as well as concerns and comments from property owners and residents. Following the discussion, the Board voted to continue the hearing at a later date. The Board requested a helicopter demonstration flight and additional information prior to the next hearing. Mr. Brown listed and addressed each item requested by the Board and summarized recommended conditions from the City's Development Review Committee. Planning & Zoning Board Meeting Minutes June 12, 2013 Page 2 of 3 The Board Members held discussion and voiced concerns regarding the request. Board Member Ron Friedman read a prepared statement into the record voicing a variety of concerns and commenting on information provided in different reports, and conveying his opinion that this request does not meet the definition, or purpose and intent of a Planned Development. Mr. Brown addressed some of Mr. Friedman's concerns. He stated that Staffs interpretation is that the request is considered an Attraction and Destination Use that is allowed pursuant to the Planned Development process. Mark Grainger, Applicant, presented his request and showed a PowerPoint Presentation. He addressed the following topics: noise, safety, aesthetics, compliance and economic benefits. During his presentation he advised that he received 52 signatures on a petition from local businesses supporting his request; he met with all five tenants renting office space at the AJT building and possessed signed petitions from each of those tenants supporting his request; received over 100 signatures from citizens supporting his request at the City's Friday Fest. He commented on inaccuracies of a report written by Dr. Ballard Barker, dated June 11, 2013, submitted on behalf of 8910 Astronaut Boulevard, by Attorney Kim Rezanka in opposition to the proposed development. Following the presentation, Attorney Rezanka, representative for 8910 Astronaut Boulevard LLC, owners of the AJT building, cross examined the Applicant. Chairperson Russell called a five minute break at 8:03 p.m. The meeting reconvened at 8:09 p.m. Attorney Rezanka gave her presentation. She commented regarding the following: the helicopter demonstration; the City's Planned Development zoning ordinance; Staffs interpretation of a Planned Development; the City's noise ordinance; the City's A1A Economic Development Overlay District adopted guidelines; aesthetics; landscape and buffering; rezoning criteria and compliance with the City's Comprehensive Plan; potential spot zoning; incompatibility; emergency response and safety issues; similar concerns raised by Mr. Friedman; adverse effect on the AJT building as well as other owners; the signed petitions referred to by the Applicant are not considered substantial evidence; frequent flights per day; noise and vibration; her clients concerns for the existing tenants and ability to secure new tenants; Dr. Barker's report and resume, including summary and conclusions; the preliminary report from the National Transportation and Safety Board regarding the February 6, 2013 helicopter crash at Merritt Island Airport and a sustained injury resulting from that crash; a citizen comment regarding less impact of injury because the helicopter crash landed at an airport equipped for aircraft operations and emergency situations; proposed clearing of vegetation on the site will make the noise louder; Applicant insufficiently addressed some of the items the Board asked him to address at the February 27, 2013 meeting; the incompleteness of the application worksheet; enforcement of the proposed safety protection zone and take -off path; and an inspection list that the application failed to address. She concluded that the Proposed Use is not where it is supposed to be and is not the purpose of the City's A1A Economic Development Overlay District. The City does not have the man power or ability to enforce compliance with FAA guidelines for safety take -off and landing provisions; and therefore she respectfully requested that the Board recommend denial of the request. Chairperson Russell opened the floor for public comment. Planning & Zoning Board Meeting Minutes June 12'2O15 Page 3 of Craig Kittkaaon.resident, gave his professionalqualifications and background. He stated that there is nothing in the City's Comprehensive Land Use Plan orany City planning documents that addresses a ho|ipmd. He Stnaeaed to the Board that they consider not just the type Of business, but the land use. He spoke about conformity and compatibility with the City's Community Redevelopment Plan and Visioning G[8tement, negative impacts, incompleteness of the City's report regarding the helicopter demonstration on May 14, 2013, concerns regarding the Applicant proposing to open the he|ipad to other agencies, noise and safety, proposed approach and departure route, missed -approach routing, eprotection clear zone, the Robinson F{44 he|iCopter, and various dates of fatal accidents of the R44 helicopter over the |8at seven years, Mr. KiU|eann cross-examined Mr. Grainger. Several citizens spoke in opposition of the proposed plan due to noise and safety issues, and the impact omthe economy and environment. Various documents were presented by citizens for entry into the record by the Recording Secretary. Board Member Donald Dunn left the meeting @tA:40p.m. The Board held brief discussion regarding information contained in various nepods, safety and security, and FAA &FD{}Tapprovals. Motion by Bruce Collins, seconded by Harry Pearson to recommend that the P[) application be forwarded to the City Council for approval. The motion failed by 3 3-3 tie vote, with members voting as fO|}Ovve: Bruce Collins, for; John Fredrickson, for; Ron Friedman, against; Harry Pearson, for; John Price, against; and Lamar Russell, against. Discussion Motion by Bruce Collins, seconded byHarry Pearson torecommend that the PDapplication be forwarded to the City Council without eformal recommendation nfthe Board due to the previous 3-9tie vote. Vote onthe motion carried unanimously. Ii There being nofurther business the meeting adjourned 8t0.50p.rn. -=�-�� / Approved onthis �_��day 0f 2015. Lamar Russel�l, Chairperson ng Secretary K4inutes�\8/htb&n by: Susan Chapnnan, Board Secretary