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HomeMy WebLinkAboutcocc_p&z_mtg_minutes_20210728PLANNING & ZONING BOARD MEETING MINUTES July 28, 2021 A meeting of the Planning & Zoning Board took place on July 28, 2021, at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairperson Lamar Russell called the meeting to order at 6:00 pm. The Board Secretary called the roll. ROLL CALL MEMBERS PRESENT v Lamar Russell John Price Susan Denny Nancy Gentilquore ✓ Dr. Michael Miller Steven Stroud OTHERS PRESENT David Dickey Anthony Garganese Brenda Surprenant Zachary Eichholz Patti Roth PUBLIC PARTICIPATION None OLD BUSINESS NEW BUSINESS A. Board Matters: Chairperson Vice Chairperson Board Member Board Member Board Member Board Member Community & Economic Development Director City Attorney Senior Planner Deputy Director/Sustainability Manager Board Secretary 1. Approval of Meeting Minutes: February 24, 2021 — Motion to accept the minutes as written, made by Vice Chairman Price and seconded by Board Member Dr. Miller. Vote on the motion carried unanimously. 2. Ms. Kathy Stokes was present to be interviewed for the open position as an Ex-officio Board Member. She was appointed by the School Board of Brevard County to represent the School Board. Ms. Stokes was a teacher for 40 years. She taught at several schools from Pre K up to Community College. Although she was a Reading Specialist, her original degree was in Social Studies. Mr. Garganese explained to the board what "Ex-officio" meant. Ms. Stokes has all the privileges of regular board membership ... attend meetings, offer input, but is a non -voting Planning & Zoning Board Meeting Minutes Page 2 member. Mr. Dickey explained to the board that according to Chapter 2 in the City Code, an Ex- officio board member has to go through the same process as a full time board member. A motion was made by Vice Chairman John Price and seconded by Board Member Nancy Gentilquore to recommend Ms. Stokes to City Council to serve on the Planning & Zoning Board as an Ex-officio board member. Vote on the motion carried unanimously. Jo Sojourner submitted an Application to serve on the board. She was out of town and Chairperson Russell suggested to table it until the next meeting. Eugene Thorpe is another applicant interested in an open seat on the board. Mr. Thorpe was present and gave the Board a short introduction. He has lived in Cape Canaveral for 11 years and is a Realtor, together he and his wife and own the Mortgage Project Inc. He loves our community and wants to see it continue to prosper. The Thorpe's have submitted an application to HUD to open an Intervention Center, The Mortgage Ministries Project Inc. It's a non-profit organization and they would provide classes/training for first time home buyers. He felt this was a way to "give back" to the community. A motion was made by Vice Chairman John Price and seconded by Board Member Steven Stroud to recommend Mr. Thorpe to City Council to serve on the Planning & Zoning Board. Vote on the motion carried unanimously. B. Comprehensive Plan Amendments (Legislative — Public Hearings): 1. Consideration and recommendation of Ordinance No. 27-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida amending section 58-1 of the City Code related to local public notices for future land use map amendments; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability and an effective date. Ms. Surprenant gave the Board a short overview of the proposed Ordinance and amending section 58-1 of the City Code related to local public notices for future land use map amendments. The proposed Ordinance provides additional housekeeping measures intended to provide a degree of flexibility to amendments to the Future Land Use Map (FLUM). Mr. Garganese explained to the Board that the rezoning map and FLUM need to be on one local notice requirement in order to streamline the City's local notice process. A motion was made by Board Member Susan Denny and seconded by Board Member Dr. Miller to recommend approval of Ordinance 27-2021 to the City Council as written. Vote on the motion carried unanimously. 2. Consideration and recommendation of Ordinance No. 33-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida, amending the text of the City's Planning & Zoning Board Meeting Minutes Page 3 Comprehensive Plan to include a Property Rights Element as required by law; providing for the repeal of prior inconsistent Ordinances and Resolutions, incorporation into the Comprehensive Plan, severability and an effective date and legal status of the plan amendment. Mr. Garganese told the Board that the City's Comprehensive Plan needs to include a Property Rights Element as required by law. The new element is to state that the City will "respect judicially acknowledged and constitutionally protected private property rights." The City is committed to consider the following rights in local decision making: • The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. • The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law ad local ordinances. • The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. • The right of a property owner to dispose of his or her property through sale or gift. The addition of a new element into the City's Comprehensive Plan is done via a text amendment, a transmittal hearing and then an adoption hearing after state review. The City can't submit any amendments to the state until this change occurs. And we have approximately 90 days to get this plan completed. Ms. Surprenant reiterated the importance of adopting this ordinance. A motion was made by Vice Chairman John Price and seconded by Board Member Dr. Miller to recommend approval to the City Council to adopt Ordinance No. 33-2021. Vote on the motion carried unanimously. 3 & 4. Consideration and Recommendation of Ordinance No. 25-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a property owner initiated small scale future land use map amendment by changing the future land us map designation of a parcel of property described as tax parcel ID: 24-37-23-CG-13-4 and legally described as the east 1/2 of lot 4 and Tots 5, 6, 7 and 8, block 13, Avon by the Sea, according to the plat thereof, as recorded in plat book 3, page 7, of the public records of Brevard County, Florida from "C-1 Commercial" to "R-2 Residential;" providing the property subject to this ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent Ordinances and Resolutions, severability, incorporation into the Comprehensive Plan and an effective date; and Consideration and Recommendation of Ordinance No. 25-2021; An Ordinance of the City Council of the City of Cape Canaveral, Florida; adopting a property owner initiated small scale future land use map amendment by changing the future land us map designation of a parcel of property described as tax parcel ID: 24-37-23-CG-13-4 and legally described as the east 1 of lot Planning & Zoning Board Meeting Minutes Page 4 4 and Tots 5, 6, 7 and 8, block 13, Avon by the Sea, according to the plat thereof, as recorded in plat book 3, page 7, of the public records of Brevard County, Florida from the current city C-1 Low Density Commercial zoning district designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent Ordinances and Resolutions, severability and an effective date. Ms. Surprenant explained to the Board that these ordinances will be affected by Ordinance No. 33-2021. She recommended to approve under the condition that the other ordinance gets approved and move through that process with the state and Council, this for a rezoning and a future land use change to private property. The request is to both amend the City's Comprehensive Plan Future Land Use Map (FLUM) and to rezone a 0.65-acre parcel from C-1 to R-2. The parcel ID is 24-37-23-CG-13-4 and the property is vacant. Ms. Surprenant presented an aerial view for the project located off of Jefferson and Poinsetta, it's one of the few parcels that are left in the Presidential streets and the intent is to use it for residential use. She showed street images of the site and then the proposed plot for the project. The applicant, Brian Stumpf, was present, representing Poinsetta, LLC. The property was purchased in 2021 with the intention of building residential dwellings. In 2016, the City Council eliminated residential uses from the C-1 district. The majority of the parcels surrounding the property are zoned R-2. The property to the west is zoned C-1. Mr. Stumpf plans to re -plat the property into three separate parcels to build residential dwellings. This would be more consistent with the appearance of the neighborhood as well as our city -initiated rezoning project. Discussion ensued and a motion was made by Vice Chairman John Price and seconded by Board Member Susan Denny to recommend to City Council to approve Ordinance No. 25-2021 and Ordinance No. 26-2021. Vote on the motion carried unanimously. REPORTS AND OPEN DISCUSSION ADJOURNMENT A motion was made by Board Member Dr. Miller and seconded by Board Member Nancy Gentliquore to adjourn the meeting at 7:03 P.M. Approved on this 1 ITIT day of Lamar Russell, Chairperson h, Board Secretary _, 2021