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HomeMy WebLinkAbout05-10-2006 Regular Meeting PLANNING & ZONING BOARD MEETING MINUTES MAY 10, 2006 A Regular Meeting of the Planning & Zoning Board was held on May 10, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. All persons giving testimony were sworn in by Anthony Garganese, City Attorney. MEMBERS PRESENT Bea McNeely Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1 st Alternate MEMBERS ABSENT Lamar Russell Vice Chairperson OTHERS PRESENT Susan Chapman Secretary Todd Peetz City Planner Anthony Garganese City Attorney Todd Morley Building Official Robert Hoog Mayor Pro Tem NEW BUSINESS: 1. Approval of Meeting Minutes: April 26, 2006. Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes of April 26, 2006. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Final Replat Marbella Townhomes, Phase II, Lots 6 & 1/2 of 7, Block 9, Avon by the Sea Subdivision (Adams Avenue) - James E. Morgan, Applicant. Todd Peetz, City Planner, gave an overview of the Final Replat. He advised that all requirements had been met. Discussion followed regarding the signature lines not being filled-out, signed, or notarized; drainage easements; date of dedication being changed the reflect the correct date; topographic elevations; and the legal description on the application checklist not being correct. Anthony Garganese, City Attorney, clarified that the dedication of an easement is done when the City Council approves a final plat. The Board also discussed reviewing the previous plat to compare it to the new one. Planning & Zoning Board Meeting Minutes May 10, 2006 Page 2 Motion by Donald Dunn, seconded by Bea McNeely, to table the recommendation until the corrections are made and brought back to the Board for verification. Discussion followed regarding whether or not the Board should table the recommendation or make the recommendation with verification by City staff. Following discussion, Donald Dunn amended the motion to recommend approval of the Final Replat with the conditions that: 1. Todd Peetz, City Planner, verify the topography of the site; and 2. The dedication be re-executed with the current date, sealed by the surveyor; and signed and notarized where required. The motion was seconded by Harry Pearson. Vote on the motion was as follows: Donald Dunn, for; John Fredrickson, against; John Johanson, abstain; Bea McNeely, for; and Harry Pearson, for. Motion passed by a 3 to 1 majority vote, with John Johanson abstaining. John Fredrickson advised that he voted against the amendment because he wanted the agenda item to be tabled. 3. Recommendation to City Council Re: Ordinance 03-2006, Amending Alcoholic Beverage Regulations -Anthony Garganese, City Attorney. Anthony Garganese, City Attorney, advised that this ordinance is part of the comprehensive review of the City's Code of Ordinances. He noted that the changes reflected compliance with Florida law. He gave an overview of the changes, and explained that Section 546.09, Florida Statutes, allows for patrons of restaurants licensed to sell wine on premises to remove one unsealed bottle of wine for consumption off the premises if certain requirements are met; Sections 561.421 and 561.422, Florida Statutes, allow for the temporary issuance of permits for on-premises consumption of alcoholic beverages for convention halls, coliseums, and similar type buildings, as well as, for certain non-profit civic organizations. The Board members reviewed the proposed ordinance and made a few minor changes to the text. Ed Liquori, owner of Tip-A-Few Tavern, gave an overview of his understanding of the ordinance. Motion by John Fredrickson, seconded by John Johanson, to recommend approval of Ordinance 03-2006 to the City Council with the noted corrections. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Ordinance 04-2006, Amending the C-1 District Clarifying the Minimum Number of Required Hotel Units - Anthony Garganese, City Attorney. Anthony Garganese, City Attorney, gave an overview of the proposed changes. He advised that the purpose of the ordinance was to clarify the minimum number of hotel units. He explained that presently an owner is required to have a minimum of 150 hotel or motel units with a minimum of 5 acres. The proposed change is for clarification purposes only. The Board members reviewed the proposed ordinance. Discussion followed. Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of Ordinance 04-2006 to the City Council, as presented. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes May 10, 2006 Page 3 5. Recommendation to City Council Re: Ordinance 05-2006, Amending the Certificate of Occupancy Regulations for Clarification - Anthony Garganese, City Attorney. Anthony Garganese, City Attorney, outlined the proposed changes. He explained that a Certificate of Occupancy will be required for a change of any existing occupancy in compliance with the existing Florida Building code. Brief discussion followed. Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of Ordinance 05-2006, as presented. Vote on the motion carried unanimously. 6. Recommendation to City Council Re: Amending the Sign Ordinance - Anthony Garganese, City Attorney. Anthony Garganese, City Attorney, outlined the proposed changes. He explained that the purpose of the sign code is to regulate the number, size, type, use, design, construction, and location of signs within the City. These regulations are established in order to promote the overall economic well-being of the City, while at the same time providing for the health, safety, and welfare of the public by reducing the adverse effects of signs on safety, property values, traffic, and the enjoyment of the scenic beauty of the City. He further explained that the regulations are intended to avoid excessive competition and clutter among sign displays in the demand for public attention, eliminate dangerous, dilapidated, and unsightly signs and provide for adequate maintenance and inspection of signs within the corporate limits of the City, consistent with constitutional guarantees and while providing for adequate opportunities for effective means of communication. Todd Morley, Building Official, outlined staffs proposed changes and deletions to assist with enforcement. The Board members reviewed the proposed ordinance. Roseanne Scirotta, and Thomas Wichlacz, local business owners, voiced their concerns regarding the City not allowing them to place 2 X 2 temporary signs on their properties. Discussion followed regarding code enforcement. Todd Morley, Building Official, advised that the code enforcement officer makes an attempt to return the sign(s) to the violator. If unsuccessful, she places the sign(s) by the dumpster behind the Sheriffs department. Discussion followed. Ed Liquori, owner of Tip a Few Tavern, explained what the code allows for temporary signs. He advised that business owners need to be educated on what signs are allowed at the time they apply for an occupational license. Roger Dobson, business owner, advised that 10 days to repair a damaged sign is not sufficient. He suggested that the code be updated to address properties with out parcel(s). The Board held discussion regarding some of the suggestions presented by staff and the public. Following discussion, the City Attorney and Building Official agreed to update the proposed draft based on the comments and suggestions, and present a new draft to the Board prior to recommendation to City Council. Planning & Zoning Board Meeting Minutes May 10, 2006 Page 4 There being no further business, the meeting was adjourned at 10:05 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary