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Home My WebLink AboutP&Z Minutes 3-23-2011PLANNING & ZONING BOARD ® MEETING MINUTES MARCH 23, 2011 A Regular Meeting of the Planning & Zoning Board was held on March 23, 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. Lamar Russell Chairperson Bea McNeely Vice Chairperson John Fredrickson Donald Dunn Ron Friedman 1st Alternate MEMBERS ABSENT Harry Pearson Susan Chapman Secretary Kim Kopp Assistant City Attorney Barry Brown Planning & Development Director Todd Morley Building Official NEW BUSINESS 1. Approval of Meeting Minutes, February 9 2011 Motion by John Fredrickson, seconded by Bea McNeely, to approve the meeting minutes of February 9, 2011. Motion carried unanimously. 2. Recommendation to City Council ReAmending Chapter 110 Zoning Section 110-486 Resort Dwellings and Resort Condominiums Todd Morley, Building Official, advised that the City Council forwarded this item to the Planning & Zoning Board for consideration and recommendation. He explained that currently, Resort Dwellings were a non -conforming use except for a handful of properties that were granted grandfathering status. He identified three ways they could jeopardize their grandfathering status, and clarified that legally nonconforming Resort Dwellings and Resort Condominiums automatically lose their nonconforming status with the City if their state -issued license is revoked by the Florida Department of Business and Professional Regulation for any reason, or if the license otherwise expires or has lapsed for more than 30 days. He advised that at the City Council meeting on January 4, 2011, Councilmember Morgan made a request to further discuss City code Section 110-486, Resort Dwellings; Resort Condominiums; Nonconforming Use Status, Expiration. Council Morgan had stated that his belief was that a Resort Dwelling or ® Resort Condominium that was established in accordance with the Ordinance should retain the Planning & Zoning Board Meeting Minutes March 23, 2011 Page 2 of 3 ® right to operate as such, even if found in violation of City Code Section 110-486 (c) (2). At the February 15, 2011 City Council meeting, the Council discussed the matter further and directed the City Attorney to draft an ordinance revision which would relax the 30 -day provision. He advised that the proposed ordinance notes that the abandonment provision of Section 110-197, Resort Dwellings and Resort Condominiums, would cause the loss of non -conforming status after 180 days of non-compliance. Chairperson Russell advised that City Council discussed this issue and it was their wish to change the code. Motion by John Fredrickson, seconded by Donald Dunn to recommend approval of the draft ordinance to the City Council, as written. Vote on the motion carried unanimously. 3. Barry Brown, Planning & Development Director, advised that the City was approached by Jim Massoni of the Florida Beer Company a few weeks ago. Mr. Massoni was interested in expanding his operations and is currently looking at the Marshall Manufacturing building located on Imperial Blvd. Mr. Brown provided a description of the property. He explained that the building would house a brewery that would include a tasting room and retail sales. He pointed - out that the existing City code did not allow for this type of use on that property, which was located in the M-1 zoning district. He advised that staff believed that a brewery was an appropriate use in the M-1 zoning district and that the proposed project would attract visitors to ® the City and compliment other tourist related businesses in the area; this use would enhance local offerings for all visitors including those patronizing the cruise ships; a brewery did not conflict with the intent of the industrial land use classification, as described in the Comprehensive Plan; and this use would also support the Vision Statement that states "A community that... actively recruits and supports businesses that enhance economic viability and serve our residents and visitors." Mr. Brown explained that in order for the City to accommodate Mr. Massoni's request, the City code would need to be revised to specifically list a brewery with tasting rooms and retail sales, as a permitted use, in the M-1 zoning district. The Board reviewed the list of uses and similar uses that were currently allowed in the M-1 zoning district, per the existing City code. Following discussion, the Board members agreed that the list of similar uses were not similar to a brewery. The Board members reviewed the application submitted by Mr. Massoni requesting to amend the City code. Discussion was held regarding parking, water availability and usage, handling of waste, and traffic. Dave Menzel, project architect and engineer, displayed a conceptual plan of the building, property, and floor plan. He pointed -out the areas inside the building where the brewery process, retail sales and tasting room would be located. He also showed the location of the loading docks, parking, and security fencing. Chip LaBrie, brewery operations manager, representing the applicant, explained the brewery process. He advised that the brewery presently uses approx. 600,000 gallons of water per year; they presently do not sell cold beer, except for kegs; the tasting consists of 4 oz. free samples; retail sales would consist of T-shirts, hats, and souvenir items that represented the brewery. He advised that the business has • currently outgrown their current location; and they were looking at this area to incorporate tours Planning S Zoning Board Meeting Minutes March 23, 2011 Page 3 of 3 ® for the people on the cruise ships, as well as tourists visiting the area. He explained that everything created as a byproduct or wastes (grains) are placed in a dumpster next to the building. The dumpster is constantly emptied and the contents are donated to a local farmer to feed his livestock. He verified that nothing is put into the sewer system except for water; and the operation does not produce any foul odors. Mr. Brown affirmed that the proposed site had adequate paved parking; and the water availability would be certified by the City of Cocoa through the City's Concurrency process. He noted that Imperial Blvd., Brown Circle, and Commerce Street were all private roads, owned by Bill Mays, and Mr. Massoni would need to contact Mr. Mays to verify that they have the proper access. The Board members reviewed the proposed ordinance. Brief discussion followed. Motion by Ron Friedman, seconded by Donald Dunn to recommend approval of the draft ordinance to the City Council, as written. Vote on the motion carried unanimously. OPEN DISCUSSION: Motion by Harry Pearson, seconded by Bea McNeely to adjourn the meeting at 7:40 P.M. 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