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HomeMy WebLinkAboutcocc_p&z_mtg_minutes_20211013PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 13, 2021 A meeting of the Planning & Zoning Board took place on October 13, 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 Lamar Russell Nancy Gentilquore Dr. Michael Miller Steven Stroud Eugene Thorpe Kathy Stokes OTHERS PRESENT Brenda Surprenant Zachary Eichholz Gustavo Vergara Patti Roth PUBLIC PARTICIPATION None OLD BUSINESS NEW BUSINESS A. Board Matters: Chairperson Board Member Board Member Board Member Board Member Ex-officio Board Member Senior Planner Deputy Director/Sustainability Manager Leisure Services Director Board Secretary 1. Approval of Meeting Minutes: July 28, 2021 — Motion to accept the minutes as written, made by Board Member Dr. Miller and seconded by Board Member Ms. Gentilquore. Vote on the motion carried unanimously. 2. Ms. Surprenant gave a short overview of the Administrative Site Plan Approval for 8780 Astronaut Blvd/McDonald's and explained that this was more of an FYI. She reminded the board that a while back an ordinance was passed to allow the City to do staff administrative approvals if the site plan was going to be a minor change. McDonald's expanded their freezer storage and it didn't change the footprint of the building too much. Chairperson Lamar Russell asked if there needed to be an approval but no action is necessary. Planning & Zoning Meeting Minutes Page 2 3. The next item on the agenda was a Site Plan approval for the development of a Holiday Inn Express. Ms. Surprenant explained this project is located at 995 Shorewood Drive. Instead of going through the entire packet, there were key items she wanted the board to be aware of ... this project is part of a binding developers agreement, the developer has been working with the City and the city attorney to get certain provisions into the Site Plan. Some notable things include some sidewalk connectivity, there is a conservation easement on the property, and there's a requirement for a piece of the property to the south that's technically not on this parcel to maintain a clean and orderly appearance on what used to be known as the Cape Caribe Vacation Resort. There are some provisions in the BDA that require the dumpsters/area to be maintained a certain way. Photos were included in the packet. Bike and ped infrastructure was added, plus additional landscaping as bike/ped connectivity was another provision expressed in the developer's agreement. This is a four-story building, 150 rooms, access will be off of George King and Shorewood Drive so not necessarily through the City, but more so through the Port and we are recommending approval. Chairperson Lamar Russell explained to the board that there was a standing agreement with the Planning & Zoning Board, the City, all attorney's and concerned people got together and determined what you could continue to develop on that property and so this is a continuation of that agreement. Mike Allen of Allen Engineering was present and agreed with Chairperson Lamar Russell's comments about the history of the developer's agreement. Mr. Allen explained to the board they are trying to blend the hotel in with the adjacent facility as far as landscaping and architectural features. Discussion ensued and a motion was made by Board Member Steven Stroud and seconded by Board Member Nancy Gentilquore to approve the Site Plan for the Holiday Inn Express located at 995 Shorewood Drive. Vote on the motion carried unanimously. 4. This item on the agenda was a Site Plan approval for the redevelopment of Veterans Memorial Park. Ms. Surprenant explained that this request is a little different because the board isn't approving a structure. There's going to be some significant improvements to the site but it was thought to be best to bring it to the board. Most of it is going to be landscaping and decorative elements but the applicant is the City and Gustavo Vergara from Leisure Services was present to answer any specific questions the board may have. Staff recommended approval. The site is just east of the library on the library property which is a City property and it's been an on -going initiative for a few years now to redevelop this site to be more useful. Mr. Vergara gave the board a brief history on how the project evolved. It was going to be called Whimsy Park but Council Member Kellum felt that rather than calling it a different thing and having a very small Veterans Park adjacent to a new park, why not call the entire area, Veterans Memorial Park and expand some of the amenities reverence, etc. Prior to COVID, there were almost two years of public input meetings, public surveys, Culture & Leisure Service Advisory Board meetings, then renderings were put out to the public and let the public vote on which version of a redevelopment they would like and then it went before Council. From there it had to go through the budgeting process and the next steps are to redevelop the park. Chairperson Lamar Russell inquired if the money was coming out of our Planning & Zoning Meeting Minutes Page 3 city budget or being paid by the veterans. Mr. Vergara replied that it was all city funded. Discussion ensued and a motion was made by Board Member Nancy Gentilquore and seconded by Board Member Dr. Miller to recommend approval of the Site Plan for the redevelopment of Veterans Memorial Park. Vote on the motion carried unanimously. B. Quasi-Judicial/Comprehensive Plan Amendments ,(Legislative - Public Hearings:. 5. Ordinance No. 36-2021; an Ordinance of the City Council of the City of Cape Canaveral, Florida, amending Chapter 110. Land Development Regulations, Section 110-1 Definitions and Article IX Supplemental District Regulations, Division 4 Home Occupations of the City Code to comply with recent legislation adopted by the Florida Legislature related to home based businesses; making conforming amendments to the schedule of Zoning District regulations and other provisions of the City Code to comply with said legislation; providing for repeal of prior the consistent ordinances, resolutions, and incorporation into the code, severability and an effective date. Ms. Surprenant gave the Board a short overview of the amended Ordinance No. 36-2021 in the absence of our City Attorney, Anthony Garganese. During the 2021 legislative session similar to our private property element that we adopted in July, the legislature made some changes that essentially say that if you have a home -base business, local governments cannot apply any additional regulations that you wouldn't apply to a normal business. The underlying zoning of the residential district is in question because the statute says you can occupy a business within your four walls as long as you don't have any deficiencies for parking or have any noise or nuisance issues...or violations in other state or local county ordinances. As a result, a person can operate any business in a residential zoning category per the state now. Businesses do still have to go through the city process regardless of its commercial or home occupation. This requires a business tax receipt and then any additional licenses that the state requires. Once an applicant gets those, they can apply for a BTR with the City. Ms. Surprenant asked the Board to expedite this approval so it can go to Council at their next meeting for the first reading. Discussion ensued and a motion was made by Board Member Dr. Miller and seconded by Board Member Steven Stroud to recommend approval of Ordinance 36-2021 to the City Council. Vote on the motion carried unanimously. REPORTS AND OPEN DISCUSSION ADJOURNMENT A motion was made by Board Member Steven Stroud and seconded by Board Member Dr. Miller to adjourn the meeting at 6:52 P.M. Approved on this day of , 2021 Planning & Zoning Meeting Minutes Page 4 Lamar Russell, Chairperson Patti Roth, Board Secretary