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HomeMy WebLinkAboutcocc_p&z_mtg_minutes_20221207PLANNING & ZONING BOARD City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Wednesday December 7, 2022 6:05 p.m. MINUTES CALL TO ORDER: A meeting of the Planning & Zoning Board (Board) took place on December 7, 2022, at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairman Russell called the meeting to order at 6:05 pm. The Board Secretary called the roll. ROLL CALL: Members Present: Lamar Russell Chairman John Price Vice Chairman Susan Denny Board Member Steven Stroud Board Member Eugene Thorpe Board Member Others Present: David Dickey Anthony Garganese Patti Roth OLD BUSINESS NEW BUSINESS A. Board Matters: Director, Community & Economic Development City Attorney Board Secretary 1. Approval of Meeting Minutes: October 12, 2022 — Motion to accept the minutes as written by Board Member Stroud and seconded by Board Member Denny. Vote on the motion carried unanimously. B. Quasi-Judicial/Comprehensive Plan Amendments (Legislative — Public Hearings): 2. Consideration of a Supplemental Lot Split application for the division of vacant land located at the eastern terminus of E. Central Boulevard at Ridgewood Avenue (Parcels #24-37- 14-51-9-21.01 and 24-37-14-51-9-21.02) into two (2) lots of record for development purposes. City of Cape Canaveral, Florida Planning and Zoning Board Meeting • December 7, 2022 Minutes • Page 2 of 5 Mr. Dickey gave a staff report to the Board to include that the Applicant, Mike DiChristopher, owns two tax parcels which consist of a portion of Lot 21 of Block 9, Cape Canaveral Beach Gardens Unit No. 2. The tax parcels were created by deed by recordation with the Brevard County Property Appraiser. The City has no official record of it authorizing the subdivision of Lot 21 into two lots as required by the City's subdivision regulations. The Applicant seeks a lot split approval by the City to recognize the two tax parcels as two developable lots. The initial Lot Split Application was presented to the Board at its August 3, 2022 meeting, at which time the Board recommended approval based on staff recommendation, which recommendation was supported by the City's consulting engineer on the project, Mike Allen. Mr. Alien was present for the meeting. The initial Lot Split Application reviewed by the Board is currently being considered by the City Council. This Supplemental Lot Split Application was submitted by the Applicant after the October 18, 2022 City Council hearing and is now being presented to the Board for consideration and recommendation prior to the Council making a final decision on December 20, 2022. The proposed Southern lot would be considered a corner lot, and doesn't appear that its width of 76 feet complies with the 15% requirement under Section 98 because the adjacent lot on E. Central Blvd. as it exists today is 100 feet in width. In other words, the proposed corner lot would be required to be a minimum width of 115 feet in order to comply with Section 98. The Board at its August 3, 2022 meeting didn't have benefit of this information. Staff's recommendation on the initial Lot Split Application focused on Chapter 110 R-1 zoning requirements, minimum width, depth and minimum lot area. At the October 18, 2022 City Council meeting, due to the corner lot's inconsistency with minimum Code requirements, primarily the 15% requirement in Chapter 98, staff recommended three options that Council could consider. 1. Deny the application. 2. Deny the Applicant's request for a lot split but approve the removal of the western 25 ft. from the original Lot 21 and allow the development of one Single Family Residence. 3. Approve the application. As a condition of approval, a variance would be required because of the reduced size of the proposed southern lot and the 15% requirement. After a lengthy discussion, the Council approved Option 2 and asked the City Attorney to bring back a proposed order for the lot split and to recognize the property owned by the Applicant as one (1) developable lot. A final decision by the City Council on the Lot Split Application is still pending and Council will be considering the proposed recommended order again at its December 20, 2022 meeting. 2 City of Cape Canaveral, Florida Planning and Zoning Board Meeting • December 7, 2022 Minutes • Page 3 of 5 Soon after the October 18, 2022 Council meeting, the Applicant submitted a Supplemental Lot Split Survey on November 1, 2022, requesting that it be added to the record and be considered part of his Lot Split Application. The Supplemental Lot Split Application includes a supplemental lot split survey depicting a revised lot configuration, which according to the Applicant, addresses the 15% requirement. The Supplement Lot Split Application proposes a different lot split configuration that was contained in the initial application and which is awaiting a final decision by Council. Staff feels the Supplemental Lot Split Application should be considered by the Board prior to it being presented to Council at its December 20, 2022, meeting. Mr. Dickey showed several slides and presented a general timeline to the Board. The first slide showed the original lot configuration in 1962. Pages 3 and 4 of the Agenda Packet showed the Chain of title and timeline related to the Applicant's property. Kevin Markey (on behalf of the Applicant) submitted a letter dated November 29, 2022, requesting a Supplemental Lot Split layout. Mr. Dickey read the letter to the Board. Mr. Markey's Supplement Plan does not meet the subdivision requirement related to the corner lot. It has to be 15 feet wider than the adjacent interior lot. The adjacent interior lot is a hundred feet in width. Mr. Dickey also read a letter from Mr. Allen stating that he had reviewed the Supplemental Lot Split Application, and it doesn't meet the minimum requirement for lot width for a corner lot in R-1 zoning. The Applicant was present and distributed a hand-out to the Board. He read it and felt it should help summarize and explain everything. The problem is that in 1984 a previous owner, without City approval or knowledge, reconfigured these lots. During the Applicant's presentation, a comment was made that Mr. Patrick Campbell's relative's lot is only 75 feet wide and is not 15% greater in lot width than the adjacent Tots on both sides. Mr. Campbell was present at the meeting and responded that all of the property his family owns is conforming. Discussion ensued and the Applicant withdrew his application. A motion was made by Vice Chairman Price and seconded by Board Member Stroud to recognize the application has been withdrawn and no recommendation needed. Vote on the motion carried unanimously. 3 City of Cape Canaveral, Florida Planning and Zoning Board Meeting • December 7, 2022 Minutes • Page 4 of 5 3. Ordinance No. _-2022; regarding buildings and building administrative regulations; providing for the adoption of chapter 82, article VII. Construction Site Management; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability and an effective date. Mr. Dickey gave a short staff report, and provided testimony about Staff having to deal with situations related to construction sites that City Code doesn't address. The proposed Construction Site Management Ordinance specifically deals with sites that are under construction. A motion was made by Vice Chairman Price and seconded by Board Member Stroud to recommend approval of Ordinance No. XX-2022. Vote on the motion carried unanimously. ADJOURNMENT: The meeting adjourned at 8:00 PM. Approved on this " >k6: Xa44404 444-4 Lamar Russell, Chairman Patti Roth, Board Secretary 4 day of ! `44), , 2022