HomeMy WebLinkAboutP&Z Minutes 5-4-2011PLANNING & ZONING BOARD
MEETING MINUTES
® MAY 4, 2011
A Special Meeting of the Planning & Zoning Board was held on May 4, 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 Chairperson
Bea McNeely Vice Chairperson
John Fredrickson
Harry Pearson
Donald Dunn
Ron Friedman 1"Alternate
Duree Alexander Recording Secretary
Kim Kopp Assistant City Attorney
Barry Brown Planning & Development Director
NEW BUSINESS
1. Approval of Meeting Minutes: April 13, 2011.
QMotion by Harry Pearson, seconded by Donald Dunn, to approve the meeting minutes of April
13, 2011, as written. Vote on the motion carried unanimously.
2. Recommendation to City Council Re: Site Plan for Casa Canaveral Assisted Living
Facility (700 W. Central Blvd.) — Danny P. Ringdahl Puerto Del Rio LLC, Applicant.
Mr. Brown summarized that in August of last year the City began discussions about allowing
Assisted Living Facilities. He advised that on Thursday, April 28° the Board of Adjustment
approved the Special Exception and Variances for this project. Over the past several months
the applicant has been developing a Site Plan with consultation and direction from City staff.
City staff was now confident that the developer has a Site Plan that works for this site, and staff
recommends approval of the Site Plan. He added that City staff is working with Mr. Ringdahl on
a Development Agreement that will address roadway improvements and a streetscape plan for
West Central Blvd.
Mr. Brown advised that the applicant had prepared the Site Plan Checklist contained in the
Board packet. The Board members reviewed the Site Plan and discussed memos from City
staff pertaining to their review and recommendations of the Site Plan. Mr. Brown advised that it
was City staffs intention to present the Site Plan to the City Council on May W. He noted that
there were minor revisions to be made to the Calculation Table on the Landscape Plan. He
would be addressing the revisions with the project engineer, who would then incorporate the
changes. Discussion was held regarding the Landscape Plan, including removal of existing
vegetation, and visual screening requirements per City code.
Mr. Friedman commented that an Assisted Living Facility in this location would be good for the
City. He voiced his opinion that this should not be a Site Plan for just this specific parcel of
property, but a revision to the approved Puerto Del Rio Site Plan of which this parcel was a part
of, and he pointed out the reasons why. Discussion followed regarding the approved Puerto Del
Planning & Zoning Board
Meeting Minutes
May 4, 2011
Page 2 of 4
• Rio Site Plan. Mr. Ringdahl confirmed that Puerto Del Rio, LLC owned the property, and
outlined the property boundaries for the Board members. Discussion continued. Mr. Brown
advised that as per the City code no inconsistencies had been created with the planned units of
Puerto Del Rio, Phase III (B). He pointed out that the Fire department reviewed this Site Plan in
relation to the property to the North and they were well aware of the property to the West and
they had no comments regarding any cross-connection(s). He confirmed that Mr. Friedman's
concerns had been addressed from an emergency services standpoint. He advised that if it is
determined that any nonoonformities have been created then revisions will need to be made to
the Puerto Del Rio Phase III (B) approved Site Plan.
Mr. Friedman identified some discrepancies of the Site Plan that were not in compliance with
requirements of the City code. He advised that the metes and bounds were not shown; the
surveyor's certification was not provided; also, there appeared to be a tree on the property that
was larger than 4" in diameter not shown on the Site Plan. He informed that about 80% of the
driveways and 20% of the parking, as well as the dumpster stations are located within the
required setback area. He read the definition of a "setback" from the City code. Mr. Brown
responded that the definition was in conflict with other Sections of the City code. He clarified
that the City has always allowed parking within the required setback. Mr. Friedman voiced his
opinion that every project should stand on its own merits, and he would rather see a five or six
story building in a smaller foot print or reduce the size of the building to meet the requirements
of the City code. The Board members looked at the driveways, parking, and dumpster stations
in relation to the setback lines as shown on the Site Plan. The Board members reviewed and
discussed City code Section 110-538 (9). Following an ensuing discussion, Chairperson
Russell stated for the record that the Board would allow the City Planner, Developer, and the
• Developer Representative(s) time to research the City code on other points of the argument.
Following a 10 minute recess, Mr. Brown advised the Board that they wanted to address all the
issues that the Board had even though he did not have an answer that supported the Site Plan
as drawn. He explained that they would need to go back and research the City code further and
see if there was a provision for parking in a setback that was addressed elsewhere. Mr.
Ringdahl specified which buildings were not already constructed at Puerto Del Rio and clarified
that the property where those buildings were not constructed was owned by Puerto Del Rio
LLC, and not the Puerto Del Rio Condominium Association.
Mr. Friedman pointed out a few more discrepancies'. He advised that the proposed entrance is
greater than 49 ft. at the property line, and actually scaled -out to 54 ft. He advised that the City
code Section 110-493 limits the width of an entrance onto a public street to 24 ft.; however, the
City code allows that in lieu of two openings onto a public street, a single opening of 35 ft. can
be provided. He noted that this project was proposing two openings. Kim Kopp, Assistant City
Attorney, read the code Sections to the Board. She advised that Section 110-493 (b) stated that
projects where a site plan is required shall be considered on an individual basis and may
deviate from this Section in the interest of traffic safety upon a recommendation of the Planning
& Zoning Board. Brief Discussion followed. Mr. Brown asked the Board for time to consult with
the developer and his representatives regarding the proposed entrances to the driveway. After
consulting with the Project Engineer, he advised that the Fire department wanted a minimum 20
ft. width for each driveway opening.
Mr. Pearson asked why the City's transportation engineering consultant's recommendation for
the location of the entrance was not followed. Mr. Brown distributed a copy of a report dated
• May 4th, from the City's transportation engineering consultant addressing this issue. The Board
members read the report to themselves. Mr. Friedman stated to Mr. Brown that he had
informed him that the City's transportation engineering consultant did not want the access
where it is shown, but staff overrode his recommendation. He found it very strange that the
Planning & Zoning Board
Meeting Minutes
May 4, 2011
Page 3 of 4
City's transportation engineering consultant now says its o.k. Mr. Brown explained that in early
�✓ January, City staff asked the City's transportation engineering consultant to look at the
driveway, because staff was concerned about it being offset. The City's transportation
engineering consultant had previously analyzed the driveway based on the former Site Plan that
showed a commercial building in the southeast corner of the property and a connection to the
existing Puerto Del Rio condominiums. City staff looked at this and concluded that K the
driveway was moved further to the east then two driveways would be close together making the
situation worse. Therefore, City staff did not agree with the traffic engineer's first assessment.
Subsequently, Mr. Brown contacted the City's transportation engineering consultant and
advised him that the proposed Site Plan had been revised since he had last reviewed it. He
agreed to look at it again and revisit his original recommendation and revise it accordingly.
Following his review he concluded that based on the low volume of traffic on W. Central Blvd.,
and the low volume of potential turning conflicts, that the location of the driveway is now
acceptable. Mr. Friedman commented that safety should not take a back seat to anything. Brief
discussion followed regarding the entrance width.
Mr. Friedman read City code Section 110-506 (a) regarding loading space. He pointed out that
the proposed building has over 64,000 sq. ft. of gross floor area, which by City code would
require several loading areas; therefore, there should have been a granted Variance to reduce
the requirement to two loading areas, as proposed, which is more reasonable. The Project
Engineer advised that they looked at the City code, which based on the gross floor area would
require six loading areas which was very unreasonable. He explained that they used
approximately 20,000 sq. ft. of common area to calculate the two loading areas in order to meet
the City code requirement.
Mr. Friedman read City code Section 34-206 regarding lighting. He advised that there is not a
lighting plan included on the Site plan. He questioned how the Board would know that the
lighting will promote safety, and that it would not have access spillover? The Project Engineer
responded that they do have a lighting plan it was just not provided.
Mr. Friedman reiterated that safety should not take a back seat to anything. He voiced his
opinion that there were two safety concerns. The first being that most residents and some
visitors are elderly, with slowed reaction times, will utilize the rear parking area; they will need to
traverse a ninety degree angle at the northeast corner of the building. He explained that the
turn has a centerline radius of five feet. More important, is the proximity of the building which
prevents oncoming traffic from being seen until the very last second. Vehicles traveling to or
from the back parking lot may end up in the pond if they don't navigate that turn property,
perhaps during inclement weather, at night, or if they are in an accident with another vehicle at
that intersection. Mr. Brown replied that stops signs could be installed to slow people down, but
he did not see where visibility is an issue. Mr. Friedman responded that if you go to any of the
other projects and there is a stop sign the drivers don't stop or even slow down. The Project
Engineer advised that they talked about the driveway a few times with the Fire department. The
Fire department had decided it would be better to have a second access than to eliminate it. He
pointed out that it does have curbing, but they could also install a guardrail and additional
signage for added safety. It was noted that there was no pedestrian walkway at that location.
Mr. Friedman advised that his second concern is a sidewalk proposed to the West of the rear
parking lot, between the parking lot and the pond, because it is located at the very top and in
several small areas along the banks edge of the pond. He recommended that shrubbery be
planted between the sidewalk/parking lot and the Southeast face of the building. Discussion
followed regarding pedestrians having to walk behind vehicles in the parking lot to access the
sidewalk. Mr. Russell asked who was responsible for maintaining the pond. The Project
Planning & Zoning Board
Meeting Minutes
May 4, 2011
Page 4 of 4
Engineer answered that it is shared between both property owners, and currently being
maintained by Puerto Del Rio, LLC.
Chairperson Russell summarized Mr. Friedman's comments and concerns. Brief discussion
followed.
Chairperson Russell asked for comments from the audience. Resident, Susie Carter, stated
that she was appalled at the amount of time that has been spent on this project. She advised
that she had brought up her concern about the entrance at the last meeting when the Board was
considering the Special Exception and Variances. It was her belief that there was still some
homework to be done. She encouraged the Board to make sure that the Site Plan met the City
code before voting. Resident, Greg Tangelos, commented that K the building footprint was a
little smaller most of the issues would clear up.
Mr. Brown advised that he planned to go back and research the City code for any provisions
regarding parking in the setback. If there is nothing, and what they are proposing is in violation
of the City code, then they will propose a Variance and try to have that presented to the Board
for consideration on May 251h. He advised that most of the other issues have already been
worked out.
Motion by Donald Dunn, seconded by Harry Pearson, to delay the Site Plan recommendation
until May 25, 2011. Vote on the motion carried unanimously.
Mr. Brown advised the Board that if a provision for the parking in the setback is found within the
next few days he would contact the Board members for their availability to attend another
Special Meeting be scheduled on May Ill ° in order for the Site Plan to be presented to the City
Council on May 17".
OPEN DISCUSSION
There was no open discussion.
Motion by Harry Pearson, seconded by Donald Dunn to adjourn the meeting at 8:48 p.m
Approved on this 25" day of AA .2011
ofanat 7emw
Lamar Russell, Chairperson
Susan L. , Sec tary
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