Loading...
HomeMy WebLinkAboutP&Z Minutes 3-28-2012PLANNING & ZONING BOARD MEETING MINUTES MARCH 28, 2012 A Regular Meeting of the Planning & Zoning Board was held on Wednesday, March 28, 2012, 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 Harry Pearson Donald Dunn John Fredrickson Ron Friedman OTHERS PRESENT Susan Chapman Kate Latorre Barry Brown Andre Anderson NEW BUSINESS Chairperson Vice Chairperson Secretary Assistant City Attorney Planning & Development Director Planning Design Group Approval of Meeting Minutes: February 8, 2012. Motion by Harry Pearson, seconded by John Fredrickson to approve the meeting minutes of February 8, 2012. Vote on the motion carried unanimously. 2. Recommendation to Board of Adjustment Re: Special Exception Request No. 12-01 to Allow a Retail Store to use Outside Display Areas in the C-1 Zoning District - (6811 N. Atlantic Avenue, Unit C) - Al Beach Rentals LLC, Applicant. Barry Brown, Planning & Development Director, advised that this request was for a Special Exception for outside display of beach rental equipment. He advised that three businesses are located on the property: The Bald Strawberry, Flip Flop Pool & Spa Supplies, and A1A Beach Rentals. The applicant occupies 1,338 sq. feet of the building, which by Code allows an outside display area of 446 square feet. The Board viewed a projection of the site plan. Mr. Brown depicted the parking areas as well as the proposed outside display areas. Discussion followed regarding the site plan not matching the existing layout of the property. Ron Friedman noted that the Code does not allow for parking on the grass. Mr. Brown verified that there was adequate parking for all three businesses; the property was grandfathered from existing paved parking requirements; and the outside display of beach rental equipment is not allowed to be within the required 50 ft. building setback. He advised that any violation(s) of the Special Exception would be handled by City Code Enforcement. He advised that Staff has reviewed the request and recommends approval, with the condition that the Board Order list the items authorized to be displayed. Donald Dunn voiced a concern regarding after hour returns of rental equipment being left outside the building. Daniel Pattillo, Applicant, replied that the person who rents the equipment is responsible and liable for it. Therefore, he could not imagine anyone taking a chance on returning rented equipment and leaving it outside the building after hours. Planning & Zoning Board Meeting Minutes March 28, 2012 Page 2 of 4 Harry Pearson announced that he did not feel comfortable moving the request forward to the Board of Adjustment with incomplete information. The Board members discussed the items that were not clearly shown on the site plan. Barry Brown advised that Staff would update the plan prior to forwarding it to the Board of Adjustment. Motion by Lamar Russell, seconded by Ron Friedman to recommend that the Board of Adjustment approve Special Exception Request No. 12-01, with the condition that the site plan show the scale; all display areas; parking; and grass areas. Vote on the motion carried by a (4) to (1) majority, with members voting as follows: Donald Dunn, for; John Fredrickson, for; Ronald Friedman, for; Harry Pearson, against; Lamar Russell, for. 3. Recommendation to City Council Re: Proposed Ordinance No. 06-2012 Relating to Resort Condominiums and Resort Dwellings aka Vacation Rentals. Kate Latorre, Assistant City Attorney, explained that since the adoption of Ordinance No. 04- 2007, which regulates Resort Condominiums and Resort Dwellings, there have been enforcement problems with building and fire code compliance. The City has also been involved in litigation with two resort rental properties. Council has recently given direction to Staff to write an Ordinance removing these regulations and allowing the State laws to regulate Resort Condominiums and Resort Dwellings. She stated that there will continue to be heightened State building and fire code requirements imposed on these uses. Further, since the City adopted this regulation, the Florida Legislature has adopted a Statute that will preempt any further local regulations. Because Council only meets once per month, and in an effort to expedite the process, the draft Ordinance was presented to Council on March 20, 2012. Since this is a Land Development Regulation, the Board is required to make a recommendation. Brief discussion followed. Motion by Donald Dunn, seconded by Harry Pearson to recommend that Council adopt the Ordinance, as written. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Adopting A1A Economic Opportunity Overlay District Guidelines. Barry Brown, Planning & Development Director, reported that development of the A1A Economic Opportunity Overlay District for the North A1A corridor is continuing. He advised that the Guidelines were presented to property owners within the proposed A1A Overlay District. The Guidelines were also presented during the Economic Development Open House and at the Council meeting following that. He noted that this was the first time the Guidelines were being presented to the P & Z Board. Andre Anderson, Planning Design Group, gave a PowerPoint Presentation highlighting various revisions made over the past few months addressing the City's Vision, and discussions that have occurred regarding the City's desires. Mr. Brown advised that the City needs to continue to move forward with the Overlay District and city-wide architectural design standards. Discussion followed. Planning & Zoning Board Meeting Minutes March 28, 2012 Page 3 of 4 Chairperson Russell inquired as to the status of the Beachwave project located within the A1A overlay area. Barry Brown advised that the Beachwave Site Plan was currently under review by Staff. He reported that the architectural elevations were reviewed by the Community Appearance Board who approved them with certain conditions. The Applicant appealed the four of the six conditions in the Board Order. That appeal was heard by the Council on March 20, 2012. The Council overturned the Board Order and added its own condition. He explained that given the fact that the Code is so vague, the Council did the feel that they had the legal standing to enforce the conditions. Mr. Brown stated that the City needs to continue to move forward with the Overlay District and city-wide architectural design standards. Discussion followed. Chairperson Russell asked if a new project was submitted today if the new Design Standards would apply. Barry Brown answered that Staff is in the process of drafting design standards and that we have moved far enough along that the City may be able to lean on the Notice of Pending Ordinance to support enforcing the new standards if a project was submitted. Discussion continued. Ron Friedman voiced his opinion that the City should not allow visual advertising for cruise parking, because it gives the City a "honky-tonk" appearance. Donald Dunn commented that he would like to see a roof -top restaurant on top of a 65 ft. building. The audience applauded. Comments from the audience included: increasing alternative vehicle pedestrian ways such as bicycles and Segway's, and increase access to them; urging the Board to move forward with recommending approval of the Guidelines and advance to the next step; workshop the Ordinance, not the Guidelines; and the City should maintain the 45 ft. height restriction. Barry Brown requested that the Board direct Staff to draft an ordinance based on the Guidelines to present to the Board at the next meeting. Mr. Brown advised that if the Board recommends Council approve the Ordinance at the next meeting the Ordinance would be scheduled for first reading at the May Council meeting, and second reading at the June Council meeting. Brief discussion followed. Motion by Lamar Russell, seconded by John Fredrickson, to direct Staff to write an ordinance based on the A1A Overlay District Guidelines, to be presented to the Board at the next meeting for recommendation to Council. Vote on the Motion carried unanimously. OLD BUSINESS Continued Discussion Re: Donation Bins. Barry Brown advised Staffs research has revealed that most Cities do not address the placement of donation bins. The ones that do don't want them. He advised that there are four donation bins placed in the City. Ron Friedman advised that he was against them and they should be banned from being in the City. He commented that people can bring their donations to various thrift shops, churches, the Red Cross, etc. Barry Brown noted that certain establishments that accept donations will actually come to your home and pick up the items. John Fredrickson advised that he would be in favor of a church sponsored donation bin, placed against a building, on the church's property. Donald Dunn advised that he was against having donation bins placed outside; however, he would be in favor of a donation bin being placed inside the doors of a business or church. Harry Pearson inquired if the Board should direct Staff to write an Ordinance. Lamar Russell replied that the Board needed to decide if they want to allow donation bins to be placed in the City or not. Discussion continued. Planning & Zoning Board Meeting Minutes March 28, 2012 Page 4 of 4 Motion by Donald Dunn, seconded by Harry Pearson, to direct Staff to write and forward an Ordinance to Council to prohibit donation bins. Vote on the motion carried unanimously. OPEN DISCUSSION: Motion by Harry Pearson, seconded by Donald Dunn to adjourn the meeting at 9:18 p.m. Approved on this -2fA:bay of 2012. Lamar Ru lk, hairperson Susan L. Chapman, Secretary