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HomeMy WebLinkAboutP & Z October 23, 2013 - MinutesPLANNING & ZONING BOARD MEETING MINUTES OCTOBER 23, 2013 A Meeting of the Planning & Zoning Board was held on Wednesday, October 23, 2013, at the City Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to Order at 6:00 p.m. by Chairperson, Lamar Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Harry Pearson John Fredrickson Ron Friedman Bruce Collins John Price OTHERS PRESENT Susan Chapman Kate Latorre Todd Morley Barry Brown NEW BUSINESS Chairperson Vice Chairperson Secretary Assistant City Attorney Community & Economic Development Director Planning & Zoning Director Interviews & Recommendation to City Council Re: Potential Board Members - Mark Buddenhaaen and Dianne Fellows. Planning & Zoning Director, Barry Brown advised that there was one vacancy on the Board. At the October 9, 2013 meeting, Jill Seale and Craig Kittleson were interviewed. Mark Buddenhagen and Dianne Fellows will be interviewed at this meeting. After the interviews, the Board will make a recommendation to Council regarding which candidate they wished to be appointed to the Board. He advised that each candidate would have an opportunity to be interviewed by the Council as well. Dianne Fellowes introduced herself and explained her background, qualifications and availability to serve. The Board proceeded to interview Ms. Fellows. Mark Buddenhagen introduced himself and explained his background, qualifications, interest in the City's future economic growth, and his availability to serve. The Board proceeded to interview Mr. Buddenhagen. The Board held discussion regarding all the candidates interviewed. Motion by John Price, seconded by Bruce Collins to recommend Council appoint Mark Buddenhagen to the Board. Vote on the motion carried unanimously, with Mr. Friedman abstaining from voting, because he did not attend the previous meeting when the two other candidates were interviewed. Discussion followed regarding in the future, all potential Board Candidates being interviewed at the same meeting. At 6:38 Chairperson Russell called for a five minute break. At 6:48 Chairperson Russell called the meeting back to Order. Planning & Zoning Board Meeting Minutes October 23, 2013 Page 2 of 5 2. Quasi - Judicial and /or Public Hearing: Recommendation to City Staff Re: Site Plan Set for the Dollar General Store - 6395 N. Atlantic Avenue - Steve Monroe, P.E., Project Engineer, Applicant. Planning & Zoning Director, Barry Brown gave his Staff Report. He noted that the project was located on the same site as the former Azteca Restaurant. He advised that Staff has been working with the developer and engineer for several months and they have accommodated all of Staffs requests for the Site Plan. He noted that the elevations were reviewed and approved by the Community Appearance Board on September 18, 2013, with the condition that the ground A/C unit has a privacy and noise dampering enclosure with the color matching the dumpster enclosure. The Board members viewed a colored illustration of the building elevation. Mr. Brown commented that the building was upgraded from the typical "Dollar General Box ". The Board reviewed the site plan checklist and Staff review comments. Project Engineer. Steve Monroe and Property Developer Matt Cason answered various questions pertaining to the site plan. Discussion was held regarding: verifying the site was designed to accommodate delivery trucks maneuvering on site; future driveway connection to a potential future driveway road along the west property boundary; zoning of adjacent properties; loading dock needing to be extended an additional 5 ft. to meet Code; City Engineer being comfortable with the design of the retention basin, even though it did not meet Code; preservation of palm trees around the north and west perimeters of the retention basin; and the Board's request that future Board packets include all comments from the City Engineer if there is an issue. Chairperson Russell opened the floor for public comment. Attorney, Kim Rezanka, representative for John, Michelle, and Stephen Porter advised that the Porters' were not opposed to the project, but are concerned that the project is very close to their residential property. She advised that the Porters' are opposed to any service access road being constructed or clearing along the 50 ft. strip which abuts the two properties. The Board viewed an aerial of the area outlining the properties. Ms. Rezanka believed that there should be at least a 10 ft. vegetative buffer required along the western boundary of this project, because it abutted property that can never be used for building. She voiced concerns regarding: The retention area not being engineered to Code; the project becoming a double- frontage lot if the project ever connects to a future access road; and this was the only opportunity the Board will have to recommend a vegetative buffer be planted to protect the residential properties to the west. Discussion followed regarding the proposed project not being a subdivision and the property not abutting any residential properties. Ms. Rezanka requested the following conditions: 1) A shrub fence be installed along the western edge of the property, with additional trees planted to block the parking, dumpster, and building; 2) Only one access be provided or prohibit accessing the property from the west; 3) The ground A/C unit be enclosed from view with the same material and color as the dumpster enclosure; and 4) That the retention slope be 6:1 as required by Code. Planning & Zoning Board Meeting Minutes October 23, 2013 Page 3of5 Resident, Lila Gilbert advised that she owns a unit in Cape Shores. Her building is the closest to the project. She voiced her concern regarding tractor trailers not being able to maneuver on the property. Mr. Brown replied that during the early planning stages of this project, Staff informed the developer that all turning movements needed to be onsite. They provided Staff a drawing which demonstrated that all turning movements would be accomplished onsite as requested. Mr. Friedman advised that, in his opinion, the Site Plan was adequate to accommodate a full size tractor trailer to pull in and maneuver without interfering with traffic on A1A. Mr. Brown assured the Board that if tractor trailers are found to have difficulty with the maneuvering the City would be speaking to Dollar General. Motion by Ron Friedman, seconded by Bruce Collins to recommend Staff approve the Site Plan Set for the Dollar General Store, with the following two conditions: 1) Extend the loading area to 45 ft. to meet Code. 2) Modify the retention slope basin 6:1 to meet Code. Discussion followed. Mr. Brown advised that while the Code calls for a 6:1 slope, the Code also confers authority to the City Engineer to determine criteria by which a retention pond is designed. Developer Matt Cason advised that if the City requires the 6:1 slope, twenty -nine (29) trees would need to be removed that the developer was preserving, of which fifteen (15) are located within the western property boundary. Discussion followed regarding removal of trees. Motion by Bruce Collins, seconded by John Price to amend the main motion to remove condition #2. Vote on the amendment carried by a (4) to (2) majority vote, with members voting as follows: Bruce Collins, for; John Fredrickson, against; Ron Friedman, against; Harry Pearson, for; John Price, for; and Lamar Russell, for. Vote on the main motion, as amended, carried by a (4) to (2) majority vote, with members voting as follows: Bruce Collins, for; John Fredrickson, against; Ron Friedman, against; Harry Pearson, for; John Price, for; and Lamar Russell, for. At 7:44 Chairperson Russell called for a five minute break. At 7:50 Chairperson Russell called the meeting back to Order. 3. Quasi - Judicial and /or Public Hearing: Recommendation to City Staff Re: Revised Site Plan for Cape Caribe Resort, Bldg. 5 - 9006 Tropic Beach Drive - Cape Caribe, Inc., Applicant. Planning & Zoning Director, Barry Brown gave his Staff Report. He noted that Agenda items 3) and 4) were related. He summarized that in March of 2008, a 1.2 acre portion of the Cape Caribe Resort property was rezoned from R -3 Residential to C -1 Commercial in order to accommodate expansion of the pool and related amenities. Ordinance No. 03 -2008 restricted the use of the 1.2 acre parcel to recreational amenities and parking. Since that time, the economy and market forces have caused Cape Caribe to reconsider product offerings and the configuration of buildings on the property (the revised site plan for Building #5 is an example). Accordingly, Cape Caribe is requesting the restrictions on the use of this parcel be removed so that the master plan can be revised and timeshare units located in this area. He further explained that the next Agenda Item was not necessary to accommodate construction of Building #5; and the requested ordinance revision would not Planning & Zoning Board Meeting Minutes October 23, 2013 Page 4 of 5 result in additional density, it merely allows for a reallocation of units already approved per the Binding Developer's Agreement adopted in March, 2010. Representative for Cape Caribe Resort, Ken Ward gave a PowerPoint presentation and explained the two (2) requests. The Board members reviewed and held discussion regarding the proposed ordinance. Motion by Bruce Collins, seconded by Harry Pearson to recommend Council adopt the proposed ordinance. Vote on the motion carried unanimously. 4. Quasi - Judicial and /or Public Hearing: Recommendation to City Council Re: Amend Ordinance No. 03 -2008 to Remove Restrictions on Allowable Uses in the C -1 Zoning District - Cape Caribe, Inc., Applicant. The Board members reviewed and discussed the Revised Site Plan. Board Member, Ron Friedman advised that per Code, the site plan did not provide interspersed landscape islands within the parking area. Planning & Zoning Director, Barry Brown replied that the Landscape Plan called for a 10 pt. tree at the end of each row of parking and the required number of 5 pt. trees throughout the parking area. He commented that the project was lushly landscaped throughout. Brief discussion followed. Motion by Ron Friedman, seconded by John Price to recommend Staff approve the Revised Site Plan for Cape Caribe Resort, Bldg. 5, as presented. Vote on the motion carried unanimously. 5. Quasi - Judicial and /or Public Hearing: Recommendation to the Board of Adjustment Re: Special Exception Request No. 13 -07 to Allow Outside Display of Merchandise - 8801 Astronaut Boulevard, Unit 103 (Beachwave Complex) - Kim Rezanka, Authorized Agent for Xtreme Fun, LLC, Property Owner. Planning & Zoning Director, Barry Brown gave his Staff Report. He summarized that the property owner recently opened a retail establishment that sells beach wear and gear. The owner desires to have 300 sq. ft. of outside display area in front of the building; and the request for outside display areas is allowed, with certain criteria, pursuant to a Special Exception. He advised that the requested outside display area meets all requirements of the Code, and Staff recommends approval of the requested Special Exception. The Board members viewed a drawing depicting the requested display areas, and the Special Exception checklist. Discussion ensued regarding the display of merchandise hanging from an open front entrance door of the building and vehicles being advertised for rent in the parking lot. Attorney, Kim Rezanka, representative for Extreme Fun, LLC explained the request. She advised that the request was similar to other properties with outside display areas (RaceTrac and Ace Hardware). The Board members reviewed a photograph of the display areas depicting the type of merchandise to be displayed, an example of the display holders, and measurement of the display areas. She addressed the Boards concern regarding the vehicles being advertised for rent. She advised that the vehicles are being driven by the employees and are not being rented at this location, they are being rented at the owner's other stores in Cocoa Beach. Merchandise will be brought indoors at night or when it is too windy to be displayed outside. Ms. Rezanka believed that the request met the criteria of the Code; and therefore, she respectfully requested that the Board recommend approval. Planning & Zoning Board Meeting Minutes October 23.2O13 Page 5Df5 Discussion ensued regarding: The display holders, delineation of display areas, parking, and the fact that the owner was already displaying merchandise outside without the required approved Special Exception. Assistant City A[k}[O8y, Kate L8tDrre advised that the Applicant did not necessarily need t0 physically delineate the display areas on the property, because the display areas would be enforceable by Staff utilizing the submitted plan showing the rne88UnernenfS and placements. Discussion C0nUnU8d regarding items for sale being hung OO the open front door. K4S. Rez8Dk8 replied that the iiBrD8 being hung OO the front door are intended to be an indoor display and this issue was not part of the request. Chairperson RUG38U stated t0 the p[Dp8dv owner that he needed to find a way to make the front door and front entrance more attractive for the City's best interest. DiSCUSSi0n COnUDU8d [B08[diDg Dl88SUF8[D8D1 and delineation of the outside display areas. Chairperson Russell opened the floor for public comment. Leo Nicholas, former Board Member, CODODleOted that the display 8Fe@S should be marked for adherence of compliance. Resident, Dennis Cogswell advised that he lived in the Puerto Del Rio Condominiums, behind the building. He spoke about the City originally wanting g smaller window area. He voiced his concern that this product would eventually be similar to the other Beach Wave retail StOr8S that are located in Cocoa Beach, with big Sign8gS and outside displays all over the property. He urged the City not to 8||Ovv this property 10 end Up that way. P|8ODiOg & Zoning [}irOCtOr. Barry BrOVVO gave his prospective On how the Board ShOU|d be considering this request. He advised that the OUtCOnO8 of working with the property owner for over 8 year is GO attractive building, with beautiful architecture, landscaping, and SigOage; the owner has made capital investment in the City; the building also has restaurant and @[C8d8; and this was the first phase Of8 broader development. H8 advised that the City was working Dn Code revisions for window signagB LO make sure it vvOrk@ for the Ovvn8r, retailer and the City. Motion by Bruce Collins, seconded by Harry Pearson 10 recommend approval of the Special Exception, with the condition that display areas have a visible delineation. Vote on the motion carried unanimously. OPEN DISCUSSION: Board Member, Ron Friedman CD0man&ad that the members serve OD the Board and are supposed to be enforcing the Codes as they are written. If they don't like them, then get [h0rD changed. There being no further business the Chairperson adjourned the meeting at 9:05 p.m. Lamar Russell, Chairperson Susan L Chapman, Secretary