HomeMy WebLinkAboutMarch 12, 2008PLANNING & ZONING BOARD
MEETING MINUTES
MARCH 12, 2008
A Regular Meeting of the Planning & Zoning Board was held on March 12, 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
Chairperson
Lamar Russell
Vice Chairperson
Donald Dunn
Council Member
Harry Pearson
Assistant City Attorney
John Johanson
1 st Alternate
Ronald Friedman
2nd Alternate
EMBERS ABSENT
John Fredrickson
OTHERS PRESENT
Susan Chapman
Board Secretary
- Robert Hoog
Mayor Pro Tem
Shannon Roberts
Council Member
Kate Latorre
Assistant City Attorney
Todd Morley
Building Official
Todd Peetz
City Planner
NEW BUSINESS
1. Approval of Meeting Minutes: February 27, 2008.
"lotion by Donald Dunn, seconded by Lamar Russell, to approve the meeting
minutes of February 27, 2008. Brief discussion followed. Vote on the motion
carried unanimously.
2. Review and Recommendation to City Council Re: Proposed Ordinance
Amending Section 22-40, Clarifying which Properties are Subject to
Community Appearance Board Review.
Planning & Zoning Board
Meeting Minutes
March 12, 2008
Page 2
Todd Morley, Building Official, explained that when Ordinance No. 04-2003 was
written, the intent was to require Community Appearance Board approval for any
change to the exterior of a building or roof color in the commercial zoning district.
When the change of color issue was discussed and codified in 2003, the
codification had the unintended effect of appearing to remove all residential
development from the scope of the Community Appearance Board. Mr. Morley
advised that the solution was to insert the words "in all zoning districts" in the first
sentence of Section 22-40(a). Mr. Morley read the code section for the record.
Discussion followed.
Chairperson McNeely asked if the Community Appearance Board had been
informed of the proposed code clarification. Mr. Morley responded that the
Community Appearance Board was not made aware of the proposed code
amendment, because the purpose was to preserve the original intent; however,
he could inform the Board before the change is presented to the City Council.
Assistant City Attorney, Kate Latorre, advised that she would present the
proposed code clarification to the Community Appearance Board at their meeting
Monday evening.
Motion by Harry Pearson, seconded by Lamar Russell, to recommend approval
of the proposed ordinance amending Section 22-40, clarifying which properties
were subject to Community Appearance Board review. Mote on the motion
carried unanimously.
3. Review and Recommendation to City Council Re: Proposed Code
Amendment, Section 110-28, Courtesy Notices.
Todd Morley, Building Official, advised that city staff performed a survey on how
other municipalities send zoning related notices to affected property owners. He
summarized the results of the survey as follows: 12 municipalities responded;
2 of 12 send postcards; 7 or 12 send regular mail; 2 of 12 send by certified mail;
and 1 of 12 send the notices by regular or certified mail depending on the issue.
Mr. Morley advised that City staff also reviewed the history of undelivered
certified courtesy notices from the last four special exception requests. He
summarized that approximately 22% of the notices did not make it into the hands
of the property owner. The Board members reviewed the survey. Brief
discussion followed. Mr. Morley explained that if the City mailed bright orange
postcards, it is likely that more property owners would receive them, which would
result in increased owner/citizen participation. Mr. Morley read the existing
definition of a courtesy notice from the City code. He explained the benefits of
sending the courtesy notices via regular mail as follows: the notices would be
less of an expense to the applicant; less staff time monitoring return receipts; and
there may be a greater likelihood that the courtesy notice would end up in the
owl
-ler's hands wli.+th little effort on their parit
.
Planning & Zoning Board
Meeting Minutes
March 12, 2008
Page 3
He read the proposed change to the ordinance allowing courtesy notices to be
processed by regular mail or post cards. Brief discussion followed. Kate Latorre,
Assistant City Attorney, encouraged the Board to consider the Building Official's
recommendation, because the notice was simply a courtesy notification to
affected property owners, not a requirement. The Board members reviewed Mr.
Morley's proposed code amendment. Brief discussion followed.
Motion by Lamar Russell, seconded by Donald Dunn, to recommend approval of
the proposed code amendment, with the City Manager deciding if the notices
would be sent certified or regular mail depending on the issue. following
discussion, Mr. Russell withdrew his motion. Discussion followed.
Motion by Lamar Russell, seconded by Harry Pearson, to recommend approval
of the proposed code amendment as drafted by the Building Official. Vote on the
motion carried unanimously.
OLD BUSINES
1. Discussion Re: Mixed Use Districts.
Todd Peetz, City Planner, explained that the Florida Redevelopment Association
may be attending the Board's meeting on April 9th or May 14#x' to educate the
Board on community redevelopment. Lamar Russell noted that the Board would
also be educated on lessons learned. Following discussion, Mr. Peetz advised
that the first meeting with an associate from the Florida Redevelopment
Associati
Planning & Zoning Board
Meeting Minutes
March 12, 2008
Page 4
OPEN DISCUSSION
Donald Dunn thanked City staff for providing the most recent traffic study. Todd
Peetz, City Planner, advised that a representative from Luke Transportation
could come and speak to the Board to explain the traffic study and make
suggestions on what the City could do when the traffic counts meet their
maximum. Ron Friedman noted that most of the City's traffic comes from
Orlando and Cocoa Beach and travels through the City bringing the count up.
He explained that traffic counts were subjective, not objective. He pointed out a
mistake on the report, in Appendix C, that Bayside townhomes should not be
listed in the vested category, because the project was built -out in 2006/2007. He
also pointed out that since 2001 the traffic has been stable and in most areas,
has even decreased.
There being no further business the meeting was adjourned at 8:32 p.m.
Bea M_GNeeeThai person
Susan L. Chapman, Secretary