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HomeMy WebLinkAboutP & Z March 25, 2009 MinutesPLANNING & ZONING BOARD MEETING MINUTES MARCH 25, 2009 A Regular Meeting of the Planning & Zoning Board was held on March 25, 2009, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Member, Dr. John Fredrickson called the meeting to order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT John Fredrickson Donald Dunn Harry Pearson John Johanson 1 st Alternate Ronald Friedman 2nd Alternate MEMBERS ABSENT Bea McNeely Lamar Russell OTHERS PRESENT Barry Brown Kate Latorre Susan Chapman NEW BUSINESS Chairperson Vice Chairperson Planning Director Assistant City Attorney Board Secretary Approval of Meeting Minutes: February 11 2009. Donald Dunn questioned the minutes regarding the process of selecting a Citizens' Visioning Committee. Kate Latorre, Assistant City Attorney, advised that the selection process was changed after the Planning & Zoning Board meeting was held; therefore the minutes were correct as stated. Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes of February 11, 2009. Vote on the motion carried unanimously. John Fredrickson read the last sentence of the minutes which stated: Mr. Brown ackeri hAr „Inhancnn to meet ryith him fn Aici+llcc fhnro inr. t^- ., 4 h f 11 k • . � .."If LW u�.�v .�.� LIMcIc ia0usa CillU Ilopelully have something for the Board to consider at the next meeting. Mr. Fredrickson asked what happened. Barry Brown responded that John Johanson contacted him, but nothing happened. Mr. Brown advised that he was not able to accommodate his request at this point, but it was going to happen. Planning & Zoning Board Meeting Minutes March 25, 2009 Page 2 Barry Brown, Planning Director, advised that as of today, Todd Morley was back full time. Mr. Morley had spent the day with the City Manager and a mediator. However, regretfully, Mr. Morley would not be at this meeting tonight to review the sign ordinance with the Board. 2. Recommendation to the City Council Re: Caribbean Vistas Preliminary Replat - Block 14, Lot 10, Avon by the Sea Subdivision - Daniel Coon Applicant. Barry Brown, Planning Director, advised that Dan Coon submitted a preliminary plat to replat Lot 10, Block 14 of Avon by the Sea into two townhome lots. He explained that Lot 9 and 10 of Block 14 were currently combined to form one single family lot; a single family residence is located on Lot 9; it faces west and is addressed as 8002 Poinsetta Avenue; Lot 10 is currently the backyard to the residence and was formerly the location for a pool; the pool has been removed and the owner wants to separate Lot 9 from Lot 10 and replat Lot 10 into two townhome lots; while Lots 9 & 10 are combined by deed, they were never replatted as one lot, and therefore continue to be two separately platted nonconforming lots; therefore, Lot 10 can be replatted as requested. He advised that the replat was reviewed by city staff. The surveyor's comments have been addressed and were reflected in the version of the preliminary plat the Board members had in their packets. He noted that the Title Opinion is not required until final plat; so based on staffs review, staff recommended approval of the preliminary plat. Ron Friedman inquired about a consolidation deed. Discussion followed. Mr. Friedman asked the Planning Director why the lots were nonconforming according to his staff report. Mr. Brown explained that to meet the current code, R-2 lots require the lot to be a minimum of 75 ft. in width, these lots were only 50 ft. wide. Mr. Friedman questioned if they were trying to make one nonconforming lot into two nonconforming lots? Mr. Brown explained that these would be two townhome lots which the code requires to be only 20 ft. wide and 70 ft. deep, and therefore, the replatted townhouse lots would meet the current code. Harry Pearson asked if the townhomes would meet the three parking spaces per townhome rule. Mr. Brown replied that if they extended the driveway to 20 ft. then they could meet that requirement, but the Building Official would need to verify that during the permitting process. Daniel Coon, applicant, advised that each townhouse unit would either have a two car garage; or one car garage with two vehicles parking in front. Mr. Brown advised that the only concern he would have was regarding whether or not the project exceeded the 40% maximum coverage allowed by code, but the developer is required to provide engineered plans to show the maximum if not Pxceeriari riirinn narmitfinrr roviow. Discussion followed regarding stormwater retention. Planning & Zoning Board Meeting Minutes March 25, 2009 Page 3 Motion by Harry Pearson, seconded by John Johanson to recommend approval of the Caribbean Vistas Preliminary Replat to City Council. Vote on the motion carried unanimously. 3. Recommendation to the City Council: Proposed Ordinance Amending Chapter 94, Signs - Kate Latorre Assistant City Attorney. Kate Latorre, Assistant City Attorney, advised that the City Attorney's office incorporated the changes from the last City Council workshop. She noted that the Local Planning Agency would make recommendation to the City Council, not the Planning & Zoning Board, but since it was on the agenda it would give the Board an opportu� pity to review the ordinance one more time, before it was scheduled before the Local Planning Agency. Barry Brown, Planning Director, advised that he was not involved in the proposed changes to the sign code until the tail end of the workshops. Donald Dunn advised that Todd Morley had a list of items that he was going to incorporate into the ordinance. He asked what happened to those items. Kate Latorre responded that the chart was updated to incorporate those items. The Board members reviewed and held discussion regarding the draft ordinance. Barry Brown advised that he would ask Mr. Morley to be present at the Local Planning Agency to verify these items and address any questions the Board members may have. Kate Latorre, Assistant City Attorney, asked the Board if they had any questions regarding the latest version of the proposed ordinance. She explained that any existing signs that did not meet the requirement of the new code would become nonconforming. Harry Pearson stated that he drove through the City and looked at all of the signs. He advised that there are 61 poles signs and 18 monument signs; so if the existing code is changed, as suggested, most of them would not be monument signs anymore. He noted that Pylon signs are not prohibited and there are 12 Pylon signs throughout the City, therefore when the code is changed most of the signs will become nonconforming. Ron Friedman stated that by prohibiting pole signs, the City would be doing a disservice to the business community. He noted and objected to the section on temporary signs that would allow an unlimited number and unlimited size of any kind of signs starting thirty (30) days prior to Election Day. Discussion followed. Planning & Zoning Board Meeting Minutes March 25, 2009 Page 4 Joyce Hamilton, citizen, advised that she understood that if a business could not meet the requirements of a monument sign then the code allowed for an accommodation of a pole sign with a granted variance. Discussion followed regarding where the variance procedure was located in the code. Kate Latorre advised that signs would still be required to go before the Community Appearance Board before a building permit is issued. She noted that the code further provides that the Building Official has the authority to waive the requirement of the Community Appearance Board if he finds it to be an insignificant change. The Board continued to review the draft ordinance. They suggested and recommended various changes to the draft ordinance. Kate Latorre stated that City Attorney, Anthony Garganese, advised her that all the changes that were agreed to by the group (City Council and Planning & Zoning Board), were incorporated into the proposed ordinance. Barry Brown, Planning Director, advised that he would speak with Todd Morley to verify that his list of changes that were agreed to by the group was forwarded to the City Attorney and incorporated into the draft ordinance. Also, as per the Board's request, he would ask Mr. Morley to attend the Local Planning Agency meeting. Discussion continued. a_ Kate Latorre advised that she made a list -and notes of everything the Board talked about at this meeting. She would cross-check with Mr. Morley and Mr. Garganese about everything on the list to make sure the information is correct in the ordinance. She would also make a list of the other comments discussed at tonight's meeting to further discuss and possibly incorporate into the recommendation to City Council by the Local Planning Agency. No open discussion was held. There being no further business the meeting was adjourned at 3:32 p.m. 21 Bea Mc irp46on Susan L. Chapman, Secretary