HomeMy WebLinkAboutP&Z Minutes 2-24-2016PLANNING & ZONING BOARD
MEETING MINUTES
February 24, 2016
A Meeting of the Planning & Zoning Board was held on February 24, 2016, at the Cape Canaveral
Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at
6:00 p.m. by Chairperson John Price. The Secretary called the roll.
ROLL CALL:
John Price Chairperson
Lamar Russell Vice Chairperson
Harry Pearson
Dr. John Fredrickson
Craig IGttleson
Brenda Defoe Surprenant
MEMBERS ABSENT
Ronald Friedman
OTHERS PRESENT
Jen Nix Assistant City Attorney
David Dickey Community Development Director
Patsy Huffman Board Secretary
PUBLIC PARTICIPATION:
None
NEW BUSINESS:
1. Approval of Meeting Minutes —January 27.2016.
Motion by Mr. Pearson, seconded by Mr. Kittleson to approve the Meeting Minutes of January 27,
2016. Vote on the motion carried unanimously.
2. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation to City
Staff Re: Site Plan Approval for the Aerial Adventure Park, per City Code of
Ordinances, Section 110-223 — Eric Robart, Applicant - (260 Cape Shores Circle).
Mr. Dickey presented Staff's report/photos. This request is for Site Plan approval. The property
is zoned C-1, which allows outdoor recreation as a permitted use. The project is on a 1.41 -acre
parcel that has access on AIA and Cape Shores Circle. An existing structure (1,024 sq. ft.) will
be converted to house the ticket counter, restrooms, waiting lounge and merchandise area. The
facility will employ approximately 15 people.
Planning & Zoning Board
Meeting Minutes
February 24, 2016
The parcel contains a number of large specimen trees to be preserved. Puking will be located
on the south and west sides of the property. The primary access point will be from AIA, with a
stabilized emergency access drive onto Cape Shores Circle.
The site plan indicates 25 parking spaces. Water will be provided by City of Cocoa (water) and
City of Cape Canaveral (wastewater). Stormwater will be retained onsite via a swale system.
The applicant has indicated that porous paving material is to reduce the amount of impervious
surface.
Mr. Pekar, City Engineer, recommended approval of the Site Plan.
Staff pointed out the puking areas, an existing building (which will remain) and the roped
course area, all located on the southern part of the property.
Residents from Cape Shores had the following concerns: zoning of the property; address of
property; height of structures; emergency vehicle access; ownership and access to Cape Shore
Circle; fencing; noise control; lighting and sewer capacity. They are all in opposition.
Staff and Mr. Menzel, Engineer to the project, addressed questions and concerns.
The meeting was closed to the public.
Motion by Mr. Kittleson, seconded by Mr. Pearson to recommend approval. Vote on the motion
carried unanimously.
3. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Final Plat Approval for RaceTrac, per City Code of Ordinances, Section
98-61 — Bowman Consulting, Applicant - (8899 Astronaut Boulevard).
Mr. Dickey presented Staffs report/photos. The applicant is requesting Final Plat approval
associated with the redevelopment of Cape Canaveral RaceTrac gas station.
The overall project includes demolition of existing improvements, construction of a new 5,928
square foot convenience store and six additional fueling positions. The proposed plat requested the
vacant parcel to the north be added to the existing parcel to accommodate a larger retention area.
Mr. Pekar recommended approval of the Final Plat. The City Attorney's Office has also reviewed
the submitted materials for consistency with applicable rules/regulations.
Final Plat approval is generally granted once the proposed infrastructure improvements are
constructed. However, the applicant is requesting that the City award Final Plat prior to the
construction of any improvements on the site. The applicant has submitted a Hold Harmless
Agreement to release the City from any liability associated with the grant of Final Plat. The
applicant is aware that a Special Exception will be required as part of the redevelopment and this
approval may include conditions that could impact Final Plat.
Planning & Zoning Board
Meeting Minutes
February 24, 2016
Discussion ensued to include current access, cross access, traffic and alternative routes
Motion by Mr. Kittleson, seconded by Mr. Pearson to recommend approval. Vote on the motion
carried unanimously.
4. OuasiJudicial and/or Public Hearine: Consideration and Recommendation to City
Council Re: Site Plan Approval for Cape Caribe, Building 3, per City Code of
Ordinances, Section 110-223 — Mike Allen, P.E., Applicant - (1000 Shorewood
Drive).
Mr. Dickey presented Staffs report/photos. This request is for a modification to the approved Site
Plan for Cape Caribe development.
A Site Plan for the project was approved in June 2001, for development of a phased hotel, a resort
condominium and related amenities. In March 2010, the City approved a revised Site Plan, which
included seven buildings containing 600 hotel and resort condominium units. In 2014, a Binding
Development Agreement was amended to reduce the size (number of units) of Buildings 4 and 5
and add Building S. Only Building 1 and Building 2, which include 206 units, have been
constructed.
Building 3 included a total of 40 units — 32 units with 8 lockouts. The proposed modification to
the approved Site Plan would increase the number of units to 42.
Motion by Mr. Russell, seconded by Mr. Kittleson to recommend approval. Vote on the motion
carried unanimously.
A five (5) minute break was requested.
The meeting resumed at 7:34 pm.
5. Ouasi-Judicial and/or Public Hearine: Consideration and Recommendation to City
Council Re: Site Plan Approval for Portside Plaza, per City Code of Ordinances,
Section 110-223 — David Menzel, P.E., Applicant - (8695 Astronaut Boulevard).
This request is for Site Plan Approval for the Portside Plaza project adjacent to Astronaut
Boulevard, which has a PIN of 24-37-15-00-00778.0 (Lagges property).
Staff requested this item be continued to a future date.
Board requested Staff to place this item on the March 23, 2016, agenda.
Motion by Mr. Lamar, seconded by Mr. Pearson to recommend this item be continued until March
23, 2016. Vote on the motion carried unanimously.
Planning & Zoning Board
Meeting Minutes
February 24, 2016
6. Ouasi-Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Lot Split for Portside Plaza, per City Code of Ordinances, Section 98-66
David Menzel, P.E., Applicant - (8695 Astronaut Boulevard).
Mr. Dickey presented Staff's report/photos. The applicant is requesting approval for two lot splits
for properties located on Astronaut Boulevard north of Thum Boulevard. The subject properties
include the Portside Plaza (Lagges parcel) and the parcel immediately south (Baugher parcel).
Both parcels are zoned C-1. According to the Brevard County Property Appraiser's website, the
Lagges parcel is .85 acres in size and the Baugher parcel is .82 acres. Upon completion of the lot
split, the Lagges parcel will be .96 acres and the Baugher parcel will be .69 acres.
In June 2014, City issued a building permit for limited demolition work, removal of partition walls
and associated work for the creation of a `cocktail lounge waiting area" (the Preacher Bar) for the
adjacent, pre-existing Kelsey's Restaurant, which is located on the Lagges parcel. Together, these
two tenants have 166 seats, requiring 56 parking sites (1 space per 3 seats). There are 45 on-site
parking spaces. The third tenant (Subway) on the Lagges Property has been allocated nine (9)
spaces due to its 27 seats. There is a shortfall of 20 on-site parking spaces.
To provide a permanent solution to the parking deficiency, Lagges has contracted to purchase a
portion of the adjacent Baughcr property (PIN 24-37-15-00-00752.0) to construct additional
parking spaces. A Lot Split application has been submitted by Lagges and Baugher to create two
(2) new lots of record. The subsequent lots will meet minimum requirements of City Code and are
consistent with the City's Comprehensive Plan.
The Code established four (4) review criteria that must be met prior to receiving approval. They
are:
1. The proposed lot split complies with provisions of Article II and applicable law.
2. The application is consistent with the City's Comprehensive Plan.
3. The application does not create any lots, tracts of land or developments that do not conform
to City Code.
4. The application provides for proper ingress/egress through a public or approved private
street or perpetual cross access easements.
Staff recommended the Planning & Zoning Board make a favorable recommendation on the Lot
Split request for final approval by City Council.
Motion by Mr. Kittleson, seconded by Mr. Price to recommend approval. Vote on the motion
carried unanimously.
7. Ouasiludicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Ordinance No. 00-2016, Amending Chapter 110, Zoning, Article L In
General; Article IV. Special Exceptions; Article V. Nonconformities; Article VII.
Districts — City of Cape Canaveral - Applicant.
Planning & Zoning Board
Meeting Minutes
February 24, 2016
As reported in Community Redevelopment Area Finding of Necessity completed in August 2012,
approximately 56 percent of the City meets the Florida Statute definition of slum and blight. In
addition, the Finding of Necessity states that:
...the median age of structures within the commercial/industrial zones of the City is over
40 years old. The largest number of buildings were constructed between 1956 and 1985,
making many buildings over 50 years old. Several buildings within the area were also
observed to be in various states of disrepair. Therefore, the functional life of many of
these buildings are nearing their end, which require them to be razed in order to meet
current building codes and standards that may be conflicting with minimum Site Plan
standards.
Staff has prepared a lengthy document to address certain policy and land development changes
presented to the Board. Specifically for Special Exceptions and nonconformities as follows:
• Special Exceptions — currently, certain uses are only allowed through the Special Exception
process. This process was created, as certain uses are not appropriate without special
consideration and/or conditions to ensure compatibility with surrounding properties.
The proposed Ordinance essentially eliminates (except for a select few) the Special Exception
process and replaces it with a system where uses would be permitted and would be required to
meet use -specific development regulations. This has necessitated the proposed expansion of
Article IX — Supplementary District Regulations, which contains use -specific standards.
There are several uses proposed to remain as Special Exceptions, including medical
marijuana treatment centers, pain management clinics and bars. Residents want to be involved
in discussions involving these types of uses.
• Nonconforming Densities — currently, if a nonconforming structure is destroyed (defined as
damage by any means such that the cost to repair or reconstruct exceeds 50 percent of the fair
market value); the structure is required to meet current codes — including density requirements
of the underlying zoning district.
As many of the residential structures in the City exceed density allowances, this represents a
significant impediment for investment into the City's housing. Staff gave examples.
To combat this situation, a code change is being proposed that would allow nonconforming
residential densities - that were legally established at the time of development - to continue
should an owner wish to invest in a property in excess of 50 percent of its value.
Discussion ensued to include clarification of Special Exceptions; 50 -Foot lot restrictions; building
type restrictions; frontage requirements; challenges facing potential homeowners; best way to
Planning & Zoning Board
Meeting Minutes
February 24, 2016
address all the issues; including the consultant in discussions and setting a time in the future to
address all the issues facing this item.
Assistant Attorney Nix requested more time to review the item and prepare before placing on the
Agenda.
Discussion ensued to determine when the City Attorney's office would be ready to have this item
presented; whether to place on the next Planning and Zoning Board Agenda in March; place this
as an only item; recommendation to have a separate "workshop" and taking the correct amount of
time to study before making a decision.
Motion by Mr. Price, seconded by Mr. Kittleson to take Item #7 off the Agenda and postpone until
April 13, 2016. Vote on the motion carried unanimously.
REPORTS AND OPEN DISCUSSION:
Discussion ensued regarding a previous Special Exception request; whether Item #7 would address
the same type of issues; vacation rentals and presenting a report to Board Members at the next
Planning and Zoning meeting; status update on the Casa Canaveral Assisted Living Facility; Board
decisions should be based on the application, the Code and substantiated documents.
Motion by Mr. Mttleson, seconded by Mr. Price to adjourn the meeting at 8:34 p.m. Vote on the
motion carried unanimously.
day of
Patsy Huffman, Board
2016.
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Michael Allen,P.E.
Allen Engineering,Inc.
106 Dixie Lane
Cocoa Beach, FL 32931
RE: Cape Caribe,Bldg.3/Site Plan Approval Letter
Dear Mr. Allen:
This letter shall serve as notification that Site Plan Approval has been granted to the proposed
Cape Caribe, Building 3 project located at 1000 Shorewood Drive in Cape Canaveral, Florida.
On February 24, 2016, the Planning & Zoning Board, after a duly noticed public hearing,
recommended approval of the submitted site plan. Upon receipt of the Board's recommendation,
final approval of the site plan was granted.
Be advised that Section 110-224 of the City Code states that this approval will expire after 12
months unless a building permit for construction of the principal structure is issued or a written
request for a time extension is granted by the City Manager or designee.
Please call me at(321) 868-1222,ext. 11, or e-mail me at d.dickey(ucityofcauecanaveral.org
should you have any questions or need additional information.
1S' , '
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David Dickey
Community Development Director
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cc: Mike German, Building Official
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral.FL 32920-0326
Telephone (321) 868-1222—Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org