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HomeMy WebLinkAboutJuly 9, 2008PLANNING & ZONING BOARD MEETING MINUTES JULY 9, 2008 A Regular Meeting of the Planning & Zoning Board was held on July 9, 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 Ron Friedman OTHERS PRESENT Susan Chapman Bennett Boucher Barry Brown Todd Peetz Todd Morley Kate Latorre Shannon Roberts Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Board Secretary City Manager Director of Planning & Development Citv Planner Building Official Assistant City Attorney Council Member Todd Peetz, City Planner, introduced Barry Brown, the City's new Director of Planning & Development. Mr. Brown greeted the Board members and highlighted his professional work history. All persons giving testimony were sworn in by Assistant City Attorney, Kate Latorre. NEW BUSINESS 1. Approval of Meeting Minutes June 11 2008 nn�+.,,r, h�i ore�i �c,�rn..r� A l 1 O.. 11 i_ i1_ y Harry Pearson, so, seconldeu Uy Lamar RUSSeIi, o approve ane meeting minutes of June 11, 2008, with a few minor corrections. Vote on the motion carried unanimously. 2. Motion and Recommendation to the Board of Adjustment Re: Special Exception Reauest No. 08-02, to Allow a Carwash in the C-1 Zonina District (104 Monroe Avenue) - Victor M. Watson Esq., Petitioner. Planning & Zoning Board Meeting Minutes July 9, 2008 Page 2 Todd Peetz, City Planner, gave an overview of the request. He advised that the property was located at the northeast corner of Monroe and N. Atlantic Avenues. He explained that since 1986, the use of the property was a car wash. In July of 2005, the City posted the mobile home on top of the concrete structure as unsafe, and the operation of the facility ceased. Since the use of the property was abandoned, the granted special exception expired. The Petitioner, Victor M. Watson, Esq., has applied for a new special exception. He further advised that the applicant planned to eliminate the residential use by removing the mobile home, make improvements to the site, and beautify the building facade. In reviewing the conceptual plan submitted with the request for special exception, he noted that there were no significant changes to the proposed site. Mr. Peetz highlighted listed City staffs comments and recommended conditions: The conceptual plan showed a sidewalk around the site, this should be provided; a green space should be provided between the sidewalk and roadway; the chain link fence will be removed; the east wall will be painted consistent with the building colors (west wall face only); the structure should be brought into building code compliance; the building facade should be consistent with the elevation presented; the pavement needed to be repaired or resurfaced; a stormwater permit determination from St. Johns River Water Management District should be provided, as part of the repairfresurfacing; the City landscaping codes, Sections 110-566 and 110-567 should be met; residential use should not be permitted; and a water recycling system should be used, as requested by the Assistant Public Works Director. Victor M. Watson, Esq., Petitioner testified that the property was used as a car wash since 1968. According to the City, the original Special Exception expired for lack of an occupational license. The property was presently under contract to be purchased by James and Tara Kappernaros. He advised that the sale of the property was contingent on obtaining a Special Exception, and obtaining all necessary approvals to rehabilitate and improve the property. The proposed appearance of the property was approved by the Community Appearance Board, and would greatly enhance the property by the work to be done. The mobile home on top of the concrete structure would be removed and a complete new roof constructed. He further testified that the Special Exception would allow a use which was compatible with surrounding uses; meet minimum requirements and performance standards: and 211-w substantial improvement to the mmnerhr the existing sign would be used; his client agreed to use reclaimed water; the first two recommendations from city staff (a sidewalk around the site; and green space be provided between the sidewalk and roadway); non -glare lighting would be installed; the east bay was an automatic carwash, and the others were coin operated. Planning & Zoning Board Meeting Minutes July 9, 2008 Page 3 Mr. Watson advised that 960 sq. ft. of the building was going to be a deli, with a drive -up window at the west end. The use is allowed by the C-1 code, as a principal use. The Board members reviewed the submitted conceptual plan. Discussion was held regarding vehicles being stacked at the drive -up deli window which may affect the designated parking spaces and back-up into N. Atlantic Avenue. Todd Peetz advised that the applicant would need to demonstrate how they would deal with the traffic conflict. Mr. Peetz noted that there was no site plan required, because the structure was not changing. Two adjacent residential property owners voiced concerns regarding noise and additional traffic. Discussion followed regarding: noise from the automatic car wash and vacuums; and hours of operation as a condition of recommended approval. Mr. Watson advised that he would speak to his client regarding hours of operation. Todd Morley, Building Official, advised that the concrete structure was structurally sound, however prior to a building permit being issued they would need to submit certification from a licensed structural engineer. Discussion was held regarding an existing block wall on the east side of the property. Mr. Peetz verified that the wall met the required buffering. He noted that both properties were located in the C-1 zoning district. Mr. Johanson commented that perhaps the applicant could add buffering to reduce noise with trees, in addition to the wall. Mr. Russell advised that there was an existing code enforcement case. bate Latorre, Assistant City Attorney, responded that conditions of a granted special exception could assist both the Petitioner and the City to bring the property in compliance with the cited code enforcement violations. Discussion was held regarding recommended conditions of approval. Motion by Donald Dunn, seconded by John Fredrickson, to recommend approval of Special Exception Request No. 08-02, with the following conditions: 1. A sidewalk shall be constructed along the south side of the property, per city code. 2: Green space shall be provided between the sidewalk and roadway, along the south side of the property. 3. The chain link fence shall be removed. 4. The east buffer wall shall be painted consistent with the building color(s). Planning & Zoning Board Meeting Minutes July 9, 2008 Page 4 5. The building shall be brought into compliance with applicable City codes. 6. The building facade shall be consistent with the elevation, as shown on the submitted conceptual plan. 7. The pavement shall be repaired or replaced. 8. A stormwater permit determination from St. Johns River Water Management District shall be provided, as part of the pavement repair/resurfacing. 9. The property shall be brought into compliance with the City's Landscaping code. 10. Residential use shall be prohibited. 11. The hours of operation for the auto wash and vacuums shall be restricted to 7:30 a.m: - 9:30 p.m. 12. The City's Building Official shall determine adequate lighting hoods to mitigate any spillover lighting. 13. Trees shall be planted and maintained, along the west side of the east buffer wall. The City's Director of Planning & Development shall work with the property owner in determining adequate tree type(s) and placement. 14. The water recycling system plan that was submitted to the City's Assistant Public Works Director or an equivalent plan shall be used at the new car wash facility. Note: No wash water from the proposed system shall be discharged to the sanitary sewer. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes July 9, 2008 Page 5 3. Discussion Re: Public Schools Facilities Element - Todd Peetz City Planner. Todd Peetz, City Planner, advised that the intent of this agenda item was to bring the Board up to speed on adopting a Public School Facilities Element (PSFE). He advised that pursuant to Florida Statutes 163, all cities and counties shall adopt a PSFE by December 1, 2008. Mr. Peetz introduced his associate, Matt Boerger, who would speak to the Board regarding the proposed PSFE contained in the Board packet. Mr. Boerger referenced the data and analysis provided by the Brevard County School Board (BCSB). He noted that Goals, Objectives and Policies were strongly recommended by the BCSB. He noted that the City has one school (Capeview Elementary) within the City's limits. He stated that the City was nearing build -out, with the potential for redevelopment. He further explained that in the future, Comprehensive Plan Amendments, Rezonings, and residential Site Plans would be reviewed by the BCSB for Concurrency related issues. He reviewed the proposed Goals, Objectives, and Policies. Discussion followed. Board members pointed -out some numeric discrepancies in the data analysis contained in the documents. Mr. Boerger advised that he would contact the BCSB regarding those discrepancies. Mr. Peetz noted that the data analysis was a living document, which was constantly updated. Mr. Peetz advised that there would also be an Interlocal Agreement between the City and BCSB. The draft agreement would go directly to City Council. He explained that the purpose of the agreement was to direct each municipality to supply population data to the BCSB through Concurrency, annually. Mr. Peetz advised that the PSFE would be placed on the next meeting agenda for recommendation by the Board to the City Council 4. Discussion Re: Meeting Protocol. Vice Chairperson, Lamar Russell, explained that in the past, the Chairperson always had control of the agenda. Now, it appeared that City staff controlled the agenda. He asked how the Board wanted to proceed. Mr. Russell advised that anyone could ask for an agenda item. Barry Brown, Director of Planning & Development, advised that an applicant should start with City staff, and then City staff could work with the applicant for scheduling the item on an agenda. Staff could notify the Board Chairperson to formulate the agenda. Discussion followed reaardira the wav Mr. Porter's recuest to to the Rnarri vva.-, hnnr 1pri Hp - agreed that it could have been handled differently, however it was okay the way it worked -out. Dr. Fredrickson commented that a time limit should be established for open discussion. Chairperson McNeely advised that she would like an agenda item called "Reports", because the Board members are not allowed to speak to each other outside the public meeting. Planning & Zoning Board Meeting Minutes July 9, 2008 Page 6 Chairperson McNeely advised that she would also like an agenda item called "Audience to be Heard" and place a time limit similar to the City Council agenda. She also requested that under an item called "General Discussion", the Chairperson could acknowledge the Board members, then the audience, with an established time limit to speak. Kate Latorre, Assistant City Attorney, responded that she could amend the Board's Procedures. Ron Friedman advised that he had a problem with the existing procedure. He voiced his opinion that the Board should see a Conceptual Plan before formal submittal to assist with planning and advising. OPEN DISCUSSION: Ray Osborne, citizen, stated that if the "general audience discussion" agenda item was placed at the beginning of the agenda, it would encourage more citizens to attend the meeting and speak to the Board. Vice Chairperson Russell rebutted that paying customers should be heard first on an agenda. Ray Osborne, citizen, encouraged the City to consider green building practices, in an effort to play its part in the global community, by considering solar energy and water recycling. John Johanson requested an agenda item be placed on the next meeting agenda regarding stopping more hotels. He commented that the hotels support the Port, not the town's citizens. He urged the Board members to consider what the City's citizens needs and wants are, not the Port_ and t_nurism industries- niscu.--,inn followed. The Board members agreed to have a discussion item at the next meeting regarding hotels. Bennett Boucher, City Manager, advised that Barry Brown, Director of Planning & Development, was hired full-time and is available to the Board members. He encouraged the Board members to contact Mr. Brown regarding any planning and zoning issues, comments, or questions. Bennett Boucher, City Manager, advised that the Planning & Zoning Board was the only City Board that did not meet at 7:00 p.m. He encouraged the Board to change the meeting time to 7:00 p.m., starting at the next meeting. Kate Latorre, Assistant City Attorney, advised that she would have a Resolution prepared for anrrnvai_ Rv a unanimnuq vnsnp unto thn Rngrri mRmhpre �:i^rppri trz nhnnriea +.hga meeting time to 7:00 p.m., starting at the next meeting. There being no further business the meeting was adjourned at 10:12 p.m. ea McNeely, iI lair parso ► Susan L.^Ch—apman, Secretary