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HomeMy WebLinkAboutMinutes 01-20-1997CITY OF CAPE CANAVERAL COMMUNITY APPEARANCE BOARD REGULAR MEETING JANUARY 20, 1997 A Regular Meeting of the Community Appearance Board of the City of Cape Canaveral, Florida, was held on January 20, 1997 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Karen Hayes, Board Chairperson. MEMBERS PRESENT Karen Hayes Chairperson Jovan Barzelatto Vice Chairperson Nadena Easier Richard Treverton MEMBERS ABSENT Vickilyn Shea (excused) OTHERS PRESENT John Porter Mayor Bea McNeely Planning & Zoning Board Chairperson Leo Nicholas Planning & Zoning Board Member Anthony Garganese Assistant City Attorney John Pekar City Engineering Consultant (SSA) Susan Chapman Secretary Approval of Minutes: Motion by Mr. Barzelatto, seconded by Ms. Easler to approve the meeting minutes of November 4, 1996 as written. Voice vote on the motion carried unanimously. Motion by Ms. Easler, seconded by Mr. Barzelatto to approve the meeting minutes of December 16, 1996 as written. Voice vote on the motion carried unanimously. COMMUNITY APPEARANCE BOARD MEETING MINUTES JANUARY 20, 1997 PAGE 2 Chairperson Hayes reiterated to the Board members, that the Board followed Parliamentary Rules of Procedures. She briefed the Board members and audience as to the proper procedures to be recognized by the chairperson. NEW BUSINESS 1 . Request No. 96-02, AJT Warehouse and Corporate Headquarters, (8900 Astronaut Boulevard), All of Parcel 756 & a Portion of Parcel 750 - Applicant was Richard Wood, V.P., AJT & Associates, Inc. Mr. Barzelatto stated for the record, that he had a conflict of interest regarding this matter, because he was partners with Mr. Berger who was V.P. of Aedile Contractors, who was negotiating for the construction of this project. He further stated that he would participate in discussion, however, he would abstain from voting and would file the required voting conflict form with the Board Secretary after the meeting. The Board members reviewed architectural renderings of the entire project. Mr. Wood, V.P. of AJT & Associates clarified that this request was for both the warehouse and main headquarters building. Mr. Wood advised that Phase I would consist of construction of the warehouse, entrance road, parking in the rear of the warehouse, landscaping around main roadway, detention pond and drainage areas (to comply with St. Johns River Water Management District), and stabilized parking areas to allow fire department access. Mr. Wood explained that the main building and warehouse would compliment each other with the architectural designs and color schemes consisting of slate blue and sand. Mr. Wood then advised that Phase II of the project would consist of the main headquarters building, utilities and remaining landscape. Mr. Wood continued to advise that it was AJTs intention to construct an arched (domed) roof, as shown within the submitted drawings, however, additional information would need to be obtained to make the final determination. Community Appearance Board Meeting Minutes January 20, 1997 Page 3 Mr. Wood explained that the main headquarters building would be located 75 ft. from A1A; the site would consist of a reflecting pool with a fountain, located on the northwest quadrant fronting A1A; a detention pond at the southeast entrance way, and a sign would be located at the entrance way. He further explained that constructing the warehouse first, would allow AJT to move out of rented property and store products for construction of the main building in the new warehouse. Review of the submittal and discussion was held regarding: color scheme not being submitted, architectural renderings not consistent with submitted plans contained in the Board packets, warehouse canopy and lean-too, trees not shown along A1A, depth and dimensions of reflecting pool and pond, facade on front entrance of main building, roof designs, and outside lighting. Mr. Wood responded to the Board's questions as follows: color scheme of the main building and warehouse would be slate blue and sand colors; the Board should base their decisions on the submitted plans contained in their packets, not the renderings; the striping shown on the submitted plan of the warehouse would be painted slate blue; the warehouse canopy and lean-too side elevations were indicated on the submitted plans; trees would not be planted along the frontage of A1A, instead, AJT would agree to extend the northwest buffering toward A1A; the depth and dimensions of reflecting pool and pond were addressed during site plan review; the front entrance of the main building would be green marble; the roofs would be aluminum and painted slate blue; and the outside lighting was addressed during site plan review; and reiterated that AJT was undecided as to the roof architecture at this time. Discussion followed. Attorney Garganese clarified that it was the Board's responsibility to approve only aesthetics of buildings, landscaping, compatibility with surrounding areas and cultural character of the community and that site plan issues and safety concerns were not within the Board's purview. Attorney Garganese explained that if the submittal was declared, by a majority of the Board, insufficient, by right, the Board could table the request, only one time, until such time that the Board determined the submittal sufficient to make a determination or the applicant could withdraw the request and resubmit. Community Appearance Board Meeting Minutes January 20, 1997 Page 4 He advised that since the Board was considered "quasi-judicial", the Board must base its' findings on substantial information and evidence as presented. He further explained that If at any time, the applicant made changes, they would be required to resubmit to the Board to have those changes approved. Mr. Wood responded that he understood the above. Additionally, due to the inconsistencies of the schematics presented by the applicant at this meeting and the plans submitted with the application, Mr. Wood requested that the Board base their decision on the plans submitted with the request, not the schematics presented at this meeting. The Board members concurred. Mayor Porter explained that the City formed the Community Appearance Board because prior to this Board, the City had no input as to what people could build, as long as they went by the code. He advised that this Board was the only chance the city had to see the architecture designs and color scheme for new construction before a project is built. He added that at a later date, AJT would probably thank the Board for requiring that RaceTrac Petroleum plant trees in front of their property facing A1A because it was being constructed directly across the street from their project. Mayor Porter further explained, to the Board members, that they needed to consider each request on a case by case basis. He agreed that trees were appropriate in front of the RaceTrac gas station. However, requiring trees to be planted along the front of A1A for this request may not be appropriate. Discussion was held regarding an agreeable location for additional trees to be planted for this project. Motion by Mr. Treverton, seconded by Ms. Easler to approve Request No. 96-02, AJT Warehouse and Headquarters with the following conditions: 1 . A minimum of four, maximum of six trees shall be located along the northwest buffering area towards A1A consisting of any type of tree already chosen within the submitted landscaping plan. Community Appearance Board Meeting Minutes January 20, 1997 Page 5 2. Approval based on the drawings submitted. 3. The facing on the front entrance of the main headquarters building shall be green marble, as depicted within the drawings submitted. 4. The color scheme for the warehouse and main headquarters building shall be slate blue and sand. Motion carried with members voting as follows: Mr. Barzelatto, abstained due to potential monetary gain; Ms. Hayes, for; Mr. Treverton, for; and Ms. Easler, for. Chairperson Hayes called a five minute recess. She called the meeting back to order at 9:12 P.M. DISCUSSION 1 . Discussion Re: Adopting Administrative Procedures. Chairperson Hayes instructed the Board Secretary to table this agenda item until further notice. 2. Discussion Re: Ordinance 16-95, Creating Article III, Community Appearance Board. Due to the late hour, by consensus of the Board members, this item was postponed until the next scheduled meeting. There being no further business the meeting was adjourned at 9:23 P.M. Approved on this 7 day of APRIL , 1997. ( Intial Signature ) ( Signature ) Karen A. Hayes, Chairperson ( Signature ) Susan L. Chapman, Secretary FORM 8B MEMJRANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME FIRST NAME--MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE BARZELATTO JOHN J. COMMUNITY APPEARANCE BOARD MAILING ADDRESS THE BOARD.COUNCIL,COMMIS ION.AUTHORITY OR COMMITTEE ON 515 FILLMORE AV. WHICH I SERVE IS A UNIT OF: CITY COUNTY X-CITY 0 COUNTY 0 OTHER LOCAL AGENCY CAPE CANAV. FL. 32920 NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED JAN. 20 '97 MY POSITION IS: ❑ ELECTIVE X- APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city, or other local level of government on an appointed or elected board, council,commission, authority,or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law,a "relative"includes only the officer's father,mother,son,daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. CE FORM 88-I0-91 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, JOVAN BARZELLATO ,hereby disclose that on JAN . 20 , 1997. (a) A measure came or will come before my agency which(check one) - inured to my special private gain; ✓ inured to the special gain of my business associate, ARTHUR BERGER, AEBILE CONTRACTORS; inured to the special gain of my relative, - inured to the special gain of ,by whom I am retained; or X-inured to the special gain of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: I AM PARTNERS W/ ARTHUR BERGER WHO IS V.P. OF AEBILE CONTRACTORS, WHO IS NEGOGIATING FOR THE CONSTRUCTION OF THE PROJECT "AJT HEADQUARTERS". A PROJECT IN WHICH I WILL MOST LIKELY BE WORKING ON. JAN. 20 '97 ( Signature ) Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B-10-91 PAGE 2