HomeMy WebLinkAboutP&Z Minutes 10-9-2013 (signed)C
PLANNING & ZONING BOARD
MEETING MINUTES
October 9, 2013
A meeting of the Planning & Zoning Board was held on Wednesday, October 9,
2013, at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral,
Florida. The Meeting was called to Order at 6:01 p.m. by Chairperson Lamar
Russell. Recording Secretary called the roll.
MEMBERS PRESENT
Lamar Russell
Harry Pearson
Bruce Collins
John Fredrickson
John Price
MEMBERS ABSENT
Ron Friedman
® OTHERS PRESENT
Todd Morley
Barry Brown
Kate Latorre
Mia Goforth
NEW BUSINESS:
❑:
Chairperson
Vice Chairperson
Community & Economic Development Director
Planning & Zoning Director
Assistant City Attorney
Deputy City Clerk/Recording Secretary
Interviews & Recommendation to City Council Re: Potential Board
Members Craig Kittleson and Jill Seale.
Planning & Zoning Director Barry Brown explained the Board would be
interviewing two of four candidates at tonight's Meeting and two candidates at the
Meeting on October 23, 2013; the Board will make their recommendations to the
City Council at that time. Mr. Brown announced that two additional positions are
open on the Board of Adjustment and one position is open on the Code
Enforcement Board; he explained those Boards may be able to be filled by those
applicants not recommended to the Planning & Zoning Board.
Jill Seale introduced herself and explained her background and qualifications to
serve. Board Members proceeded to interview Ms. Seale. Ms. Seale explained
City of Cape Canaveral, Florida
Planning & Zoning Board
Meeting Minutes
® October 9, 2013
Page 2 of 4
how her schedule conflicts with the Board of Adjustment meetings; and shared
how she has been researching the Planning & Zoning Board Minutes online.
Craig Kittleson introduced himself and explained his background, qualifications
and availability to serve. Board Members proceeded to interview Mr. Kittleson.
Mr. Kittleson responded that he would be open to serving on other Boards.
2.
Mr. Brown presented information regarding the item allowing for construction of
townhomes in the C1 Zoning District. He explained Staff believes this is an
appropriate use and recommends approval for the Special Exception. Discussion
ensued and included: the unimproved condition of Oak Lane and the City having
not budgeted to improve the road in the near term; the property located at the
end of the road and future development; clarification that Oak Lane is a City road
and not private; assessments and possible cost sharing; timeframe for
construction; how Staff believes the demand is there for development; how
Brevard County suspended impact fees in 2007 and most fees collected will be
is dedicated to improvements to the North Atlantic Avenue Project; private property
owned nearby and Seaspray Condominiums; City services such as Fire, Police,
Utilities and Solid Waste. Chairperson Lamar Russell made a Point of Order to
move away from discussion of the road itself. Discussion ensued and included:
future buyers and the historical value of the log cabin located there.
Motion by John Fredrickson, seconded by John Price to approve
recommendation to the Board of Adjustment. Vote on the motion carried
unanimously.
Chairperson Lamar Russell called a five minute break at 6:47 p.m. The meeting
reconvened at 6:57 p.m.
3.
Community and Economic Development Director Todd Morley distributed a letter
® dated October 4, 2013 from Attorney Kimberly Bonder Rezanka representing
City of Cape Canaveral, Florida
Planning & Zoning Board
Meeting Minutes
® October 9, 2013
Page 3 of 4
Xtreme Fun, LLC (Beach Wave). Mr. Morley explained Attorney Rezanka and
her client were not able to attend the Meeting and he proceeded to read the letter
into the record. Mr. Morley stated that subsequent to receiving the letter, Mr.
Mosh Gal, owner of Beach Wave, was in his office the day before asking that the
Board not recommend approval of the window sign section of the Code and
continue the item to another Planning & Zoning Board Meeting. Mr. Morley then
stated that Staff recommends going forward and explained the intent of the
changes. Discussion ensued and included: points that were raised in Attorney
Rezanka's letter; the definition of Window Sign in the Code; the display of photos
of the Beach Wave structure and how they relate to the discussion of the Sign
Code.
Chairperson Lamar Russell proposed Mr. Morley continue the Presentation, let
the Board discuss the Item and have Assistant City Attorney Kate Latorre study
the proposed ordinance. Attorney Latorre stated she was comfortable with the
document going forward but would be happy to research the window signage
issue and report back to the Board. Discussion ensued and included: rusting and
corrosion of pole signs, the requirement for their maintenance, and their
coverings; accent lighting definition; and banner signs. The Board reached
consensus to replace "iron -containing" with "corrosive" throughout the document
and amend the definition of Accent Lighting as "...means and method of external
illumination that is intended to..."
Mr. Morley's Presentation continued and discussion included: pylon signs
definition; suitability of materials used for pole covers and clarifying such with
"industry standards"; and window and showcase display lighting. The Board
reached consensus to amend prohibition of Window Lighting in Sec. 94-6(cc) as
follows: "Window lighting, except as window lighting applies to window signage in
compliance with section 94-4(6)".
Mr. Morley's Presentation continued and discussion included: window signage
and safety issue regarding law enforcement; exemptions; prohibited signs and
features; requiring permits to change signs; temporary signs and aesthetic
concerns regarding sandwich signs, how to assist businesses that are using
those types of signs and encouraging electronic signs among others; clarification
of electronic signs and existing cabinets; monument signs and height restriction;
clarification of stand-alone and moveable signs; the City's prohibition of
electronic sign features such as full animation; conforming signs and the City's
amortization schedule of two years to abate pole signs; visibility triangles;
exceptions and appeals.
Mr. Russell inquired if the Board is willing to recommend the document, as is, to
Qthe City Council. Discussion turned to legal issues with Beach Wave. Attorney
City of Cape Canaveral, Florida
Planning & Zoning Board
Meeting Minutes
® October 9, 2013
Page 4 of 4
Latorre specified there are two more opportunities for Attorney Rezanka and her
client to appear before the City Council before the proposed ordinance becomes
effective; Mr. Price indicated he wanted to make sure the Board is not only
looking at Beach Wave. Mr. Morley stated they are an interesting case study. Dr.
Fredrickson wanted clarification from Attorney Latorre that the Board is not
ignoring Beach Wave's request. Attorney Latorre responded she would feel
differently if they were hearing an item just for that property; the Board thoroughly
discussed the letter earlier, therefore she is not concerned. Mr. Morley further
stated Staff made every effort to fully articulate Beach Wave's arguments to the
Board tonight and believes they faithfully did this on their behalf. Mr. Morley
mentioned plans to utilize Facebook and the City's Blackboard Connect program
to notify the Community regarding the new Sign Code.
Motion by Bruce Collins, seconded by John Price to send the proposed
ordinance forward, with the Board's recommendation, to the City Council
as amended. Vote on the motion carried unanimously. Mr. Russell advised
the document could be sent back to the Board in the event the City Council
is not comfortable with it.
Mr. Brown announced the Planning & Zoning Board will meet again on
Wednesday, October 23, 2013 to consider site plans for Building No. 5 at Cape
Caribe Resort, a site plan for a new Dollar General Store located at what was
formerly the Old Azteca restaurant, a Special Exception for Outdoor Display at
the Beach Wave, and wrap up the variance discussion regarding location of
accessory structures and expanding lot dimension. He also stated he will be
keeping the Board apprised of the progress with regard to a meeting with
consultants next week to start the process of creating mixed use, land use and
zoning. Mr. Russell advised the Board should consider any open code violations
of applicants with regard to hearing any special exceptions
There being no further business the meeting adjourned at 8:29 p.m.
Approved on this l." day of Neycm6r 2013
Lamar Russell, Chairperson
Mia Goforth, DepLft City Clerk/Recording Secretary
C