HomeMy WebLinkAboutFebruary 12, 2008PLANNING & ZONING BOARD
MEETING MINUTES
FEBRUARY 13, 2008
A Regular Meeting of the Planning & Zoning Board was held on February 13,
2008, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida.
Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The
Secretary called the roll.
MEMBERS PRESENT
Bea McNeely
Lamar Russell
John Fredrickson
Donald Dunn
Harry Pearson
John Johanson
Ronald Friedman
OTHERS PRESENT
Shannon Roberts
Kate Latorre
Todd Peetz
Susan Chapman
NEW BUSINESS
Chairperson
Vice Chairperson
1 st Alternate
2nd Alternate
Council Member
Assistant City Attorney
City Planner
Board Secretary
1. Approval of Meeting Minutes: January 23 2008
A, few of the Board members requested a couple of minor changes to the
January 2203, 2008 minutes. Motion by Mr. Pearson, seconded by avis. McNeely,
to approve the meeting minutes of January 23, 2008, with the noted changes.
Vote on the motion carried unanimously.
2. Review Re: Consideration of a Citizen Awareness anri Partrinatinn Pian
(CAPP) Process — Todd Peetz City Planner. - -
Todd Peetz, City Planner, gave an overview of the previous discussion held by
the Board regarding this agenda item. He noted that at the last meeting, staff
was tasked with creating a process for when a CAPP would be required. It was
also recommended that the process include some form of notification for the
smaller projects. Mr. Peetz briefly reviewed Section 110-28, Due Process;
vNecI Notice iRCI�UII Requirements ICI Its o� L1 �� Uape �,anaverai Cade Of Ordinances. He
read two additional paragraphs he proposed to add to the existing City Code
Section that addressed a Citizen Awareness and Participation Plan (CAPP)
notification process.
Planning & Zoning Board
Meeting Minutes
February 13, 2008
Page 2
Discussion followed. Ms. McNeely stated that the two paragraphs proposed by
Mr. Peetz should be codified and placed in the code. Mr. Dunn voiced his
opinion that the notification to residents should extend further than properties
within 500 ft., and the notification should be sent by certified mail to everyone in
the City. Mr. Russell rebutted to Mr. Dunn's suggestion. He s"ta"ted that no one
would build in the City. Mr. Russell pointed out that notification could be made
utilizing the City's web page. He commented that citizens do not need to be
spoon-fed. He did not believe that the CAPP was necessary. Councilmember
Ms. Roberts advised that Councilmember Petsos recommended the Board look
at the City of Longwood's CAPP ordinance. She voiced City Council's concern
regarding inadequate notice to the residents and commented that Mr. May's
project was a good example for citizen awareness. She advised that the Council
was trying to get a sense from the residents, by having them more involved
through awareness. She commented that the citizens do not have enough
information in the beginning stages of proposed projects. Mr. May's commented
that a developer says lets do it in the dark and don't tell anyone. As a citizen, he
wants to know when something is being proposed. Mr. Dunn questioned if the
CAPP process would delay a project. Mr. Disler, DCWS, Outsource Media &
Research Group, advised that he developed a 6X9 notification card. Mrs. Dawn
May's distributed a sample mail -out and a web -page layout. She advised that
the goal was to create interest from the residents. She did not believe that a 6X9
card was the proper format to discuss a 65' height; media releases and public
meetings would be more appropriate. Mr. Russell commented that there was
nothing in the City code to stop any one from notifying the public of a proposed
project. Dr. Fredrickson stated that the property owner was snowballed and now
La .e R.�,. _._r _I: _I._1t _ as.
Ll ie "oarU uian t want the CAPP. Mr. Pearson advised that Mr. Mays offered to
do it. Mr. Berger, project contractor, stated that there are so many hoops to go
through already. If City Council wants to advise the citizens, then they should do
it on a case by case basis. He noted other regulatory agencies that require
hoops to go through such as: Department of Community Affairs, Florida
Department of Transportation, and St. Johns River Water Management District,
etc. Mr. Peetz commented that when Brevard County sees that there is a lot of
controversy, they table the request until the developer meets and works out
concerns with the residents. Mr. Johanson voiced his opinion that the CAPP
would be an encumbrance. Chairperson McNeely asked how the CAPP would
be enforced. Assistant City Attorney Latorre responded that what the code or
oolicv said would determine when it annlipri qha r,nmmantari that it u1ni ilrl ho
difficult to make someone follow the code and not someone else. She added
that certain criteria would need to be established to be enforceable.
Planning & Zoning Board
Meeting Minutes
February 13, 2008
Page 3
Motion by Lamar Russell, seconded by Harry Pearson, to not have a Citizen
Awareness and Participation Plan. Motion carried by majority, with Mr.
Fredrickson voting against the motion.
3. Discussion Re: Consideration to Increase Building Height in the
Commercial Zoning Districts.
Chairperson McNeely announced that the discussion would be limited to 30
minutes, because of the lengthy agenda.
Mr. Pearson read a statement into the record. (Statement is marked Exhibit A
and attached hereto the Minutes). He commented that once the City breaks the
45 ft. high ceiling, the sky is the limit. The only controlling factors would be traffic
and such restrictions as setbacks, signs, and visibility. If the City approves
Sheldon Cove by giving them the extra height, the City would be hard pressed to
turn others down, and this may be only the first of many such buildings in the
City. Mr. Russell spoke regarding compatibility. He read the five options
discussed at the previous meeting and announced another option which was to
establish criteria for a 65 ft. height by Special Exception, only in the C-1 Zoning
District, and only along the A1A corridor. He advised that City Council asked the
Board to look at the issue and the Board needed to do the best they could,
whether the members were in favor or not. Mr. Dunn recommended that the
City Council bring the issue to the voters by referendum at the next election. He
commented that the City should not consider anything that would take all the
available traffir_. count. Mr. Johanson, suggested that the Board should go back
to City Council ask where they wanted the height increase considered. Ms.
McNeely illustrated a 45 ft. building, and a 65 ft. building. She advised that the
increase to 65 ft. was actually a 44% increase of 45 ft. Mr. Berger, Sheldon
Cove's contractor, advised that only one section of Mr. May's building would be
65 ft., most of the design was 45 ft. There plan was to build this project in the
C=1 zoning district, not close to residential. Mr. Fredrickson commented that the
City Council should decide whether it should go to referendum or not. Mr.
Pearson announced that he was prepared to recommend that they don't change
the height at all. Mr. Dunn questioned what impact this proposed project would
have on the existing traffic count. Mr. Peetz responded that it would have a large
impact. Mr. Dunn commented that this proposed project would kill mixed-use for
any other future projects_ Mrs. Dawn May's, commented that some of the jobs
would only be part_±ime; 1,200 employees was a III_ ----I number and only an
estimate; a traffic study would be provided during the site plan review process.
Mr. Fredrickson commented that the Board should come up with a
recommendation to allow 65 ft.
Planning & Zoning Board
Meeting Minutes
February 13, 2003
Page 4
Mr. Russell suggested that the agenda item be tabled. He noted that the Board
should assist the City Council by crafting the wording of a referendum. Mr.
Friedman did not agree to bring the issue to the voters as a referendum. He
commented that the City Council was voted in by the residents to handle tough
decisions. He advised that the only delay on Central and A1A was the traffic
light. He noted that traffic capacity was subjective and not an exact number. Mr.
Peetz commented that 110% design capacity would require a moratorium. He
explained that different road designs could move the traffic along. Mr. Dunn
requested that Mr. Peetz look into a mixed use project that failed in Palm Beach
County and report his findings back to the Board.
Mr. May's advised that the Mayor asked the Board to look at this issue. The
Mayor has had many requests, but turned them away because of the height
restriction. His project did not need 65 ft. He could build a nice big 45 ft. building
if he simply threw out the retail, and advised that more retail is what the residents
want. He advised that a referendum would kill any future projects. Mr. Pearson
told Mr. May's to go ahead and do the CAPP and bring the results back to the
Board. Discussion continued.
Motion by Mr. Russell, seconded by Mr. Fredrickson, to allow a 65 ft. height by
Special Exception, along the A1A corridor, in the C-1 Zoning District, and the
Board would create the criteria at a later date. Discussion followed. Vote on the
motion was as followed: Mr. Dunn, against; Mr. Fredrickson, for; Ms. McNeely,
against; Mr. Pearson, against; Mr. Russell, for. Motion failed by a 3 to 2 vote
against the motion.
neo4- ,, nnn Re�niaai.,
IVILio i uy ivies. ivid"Jeely, seconaea by Mr. Pearson, not to increase the building
height in Cape Canaveral. Vote on the motion was as follows: Mr. Dunn,
against; Mr. Fredrickson, against; Ms. McNeely, for; Mr. Pearson, for; Mr.
Russell, against. Motion flailed by a 3 to 2 vote against the motion. Discussion
followed.
Motion by Ms. McNeely, seconded by Mr. Russell, to postpone this agenda item
until the next meeting. Vote on the motion carried unanimously.
4. Discussion Re: Mixed Use Districts.
Ms. McNeely reviewed her notes on the Beam'.-, nrPvini is rlicni iccinnc rnrtnrrI inrr
the mixed use concept. Mr. Russell questioned where the City would want mixed
use located?
Motion by Mr. Russell, seconded by Mr. Pearson to postpone this agenda item,
until the next meeting, due to the time, and the structure of the remaining agenda
items Vote on the motion ed sly - -
�. -- -.. _ motion e carried a iii jai ti�ilouJty.
Planning & Zoning Board
Meeting Minutes
February 13, 2005
Page 5
5. Discussion Re: The Florida Redevelopment Peer to Peer Assistance
Program.
Mr. Peetz explained that The Florida Redevelopment Association was an
organization that was geared towards communities facing redevelopment
challenges. He explained that of ten redevelopment included a mixed use
component and consistent with the Planning Board's intent to learn as much as
possible about other communities' successes and setbacks. He advised that the
FRA Peer to Peer Program may provide valuable incite to what the Planning &
Zoning Board was struggling with. The cost to the City would be meals and
lodging, if necessary. There were no fees for travel, speaking, or consultations.
Mr. Peetz explained that this was a voluntary program where the FRA Program,
matches appropriate peers with the community who is requesting the assistance.
He suggested that this may be a very cost effective program to bring in outside
perspective. Discussion followed. The Board supported the idea of having a
representative(s) from FRA to come and provide some insight to what was
happening elsewhere.
Motion by Mr. Russell, seconded by Mr. Dunn, to reimburse the program for
meals and hotel stay. Vote on the motion carried unanimously.
6. Discussion Re: The Florida Department of Community Affairs Draft
Legislation.
Mr. Peetz, City Planner, gave an overview of the new legislatinn. Hp- explainer)
Mat iat i i ost o1 ale new legislation was not applicable to the City, but there were
some very interesting changes which could affect the City. Brief discussion
followed. (No action was taken by the Board on the discussion item.)
7. Discussion Re: Planning & Zoning Board's Priorities for the Year 0005
The Board members highlighted their priorities. Two of the first priorities were
mixed-use and building height. Other priorities included: density, replats and
subdivisions, and the building department budget. Discussion was held
regarding green space, and average density being between 10 and 12 units per
acre, even though 15 units per acre was allowed by City code.
& Discussion Re: Section 95, Article ll, Platting.
Chairperson McNeely asked if the Board members if they wanted to extend the
meeting time past 10:00 to discuss this agenda item. There being no interest,
this item will be rescheduled for the next meeting.
Planning & Zoning Board
Meeting Minutes(n�
February 1 v, 2008
Page 6
There being no further business the meeting was adjourned at 10:04
Bea McNeely, Chairperson
7��LL—
Susan L. Chapman, Secretary