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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