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HomeMy WebLinkAboutP & Z Minutes May 27, 2009PLANNING & ZONING BOARD MEETING MINUTES MAY 27, 2009 A Regular Meeting of the Planning & Zoning Board was held on May 27, 2009, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Bea McNeely, Chairperson, called the meeting to order at 7:00 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 Barry Brown Kate Latorre Susan Chapman NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Planning Director Assistant City Attorney Board Secretary Approval of Meeting Minutes: March 25, 2009. Ron Friedman requested that a statement he made at the meeting be added to the bottom of Page 3 to read as follows: "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 sign starting thirty (30) days prior to Election Day." Discussion followed, Motion by Harry Pearson, seconded by Donald Dunn, to approve the meeting minutes of March 25, 2009, with the added statement by Ron Friedman. Vote on the motion carried unanimously. 2. Recommendation to the Board of Adjustment Re: Special Exception Request No. 09-01 to Allow On=Premise Consumption of Alcoholic Beverages in the C-1 Zoning District, (6395 N. Atlantic Avenue) Section 26, _Township 24 South, Range 37 East, Parcel 253.1 - John Porter for Banana River LP. Petitioner. Planning & Zoning Board Meeting Minutes May 27, 2009 Page 2 Chairperson McNeely read the agenda item for the record. Barry Brown, Planning Director, reported that this request was for a special exception to allow for the on premise consumption of alcoholic beverages; the property was the former Azteca Restaurant located at 6395 N. Atlantic Avenue; the property was located on the west side of A1A just North of Funntasia Golf and Games, between Holman Avenue to the South and Cape Shores Drive to the North; the property was zoned C-1; the surrounding zoning included: C-1 to the North, commercial in unincorporated Brevard County to the East, C-1 to the South, and R-3 to the west; surrounding uses included: Residential to the worth, Lido Cabaret and Sky King Fireworks to the East, Fantasia Golf and Games to the South, and undeveloped property to the West. Mr. Brown advised that the applicant owned the restaurant property and surrounding properties to the north, south and west; the applicant was currently renovating the building; this would be the new location for Boston Beef and Seafood; the property formerly had a special exception for the consumption of alcoholic beverages, but it had expired 18 months after the Azteca restaurant ceased operations. Mr. Brown explained that the City code calls for a restaurant to have a minimum of 200 seats in order to be exempt from the minimum 2,000 feet distance from another establishment serving alcoholic beverages; plans for the new restaurant called for 245 seats; the operator of Boston Beef and Seafood intends to utilize the front portion of the building for beef and seafood, and the rear of the building will be utilized for traditional full service dining. Mr. Brown stated that staff reviewed the special exception request and recommended approval, without conditions, based on the following facts: The proposed restaurant use, with alcohol service, was compatible and harmonious with the surrounding uses; this was simply regenerating a use that was compatible at the location for many years; the property is properly sized and shaped to handle traffic circulation; the local economy would be improved; as a property that had been in disrepair, would be renovated and brought up to code; it would create new employment; and increase the value of the property on the tax rolls; the proposed use would not have an adverse impact on the natural environment, public infrastructure, or services. The Board members viewed a photograph of the property. Discussion followed regarding the submitted special exception request application. Mr. Friedman questioned the parking calculations. Mr. Brown advised that as far as he was concerned, since this property was already a restaurant with a special exception to serve alcoholic beverages, and still was a restaurant, and they were not increasing the size of the facility, this use was grandfathered -in. Planning & Zoning Board Meeting Minutes May 27, 2009 Page 3 John Johanson advised that the issue was that the City code needed to be followed. Mr. Johanson commented that it would be embarrassing to the applicant if he was perceived as getting special treatment. Mr. Brown verified that there was certainly none of that going -on. He explained that as a planner, that was the way he looked at something like this. Mr. Johanson commented that it was very important that the City Planner read the City code. Mr. Johanson cited certain code sections that applied to this request. regarding parking and the number of seating. Mr. Brown advised that he would go back and look at those requirements. The Board members held discussion regarding the requirements in the code for a special exception submittal not being meta The Board reviewed the special exception checklist, item by item, and verified whether or not the required criteria, information, and answers met the requirements of the code. Mr. Brown advised that he had met with the applicant previously over another issue that was broader and more encompassing. It was then decided that the applicant would move forward at this time with the special exception to serve alcohol only. He explained that they were not performing a site plan review, merely going back and granting a special exception for alcoholic beverages that had been there in the past. Review of the application checklist continued. A lengthy discussion was held regarding parking and seating. Mr. Brown advised that if the previous special exception was granted for more than 200 seats then that was what was grandfathered -in. Discussion continued regarding whether or not the property was grandfathered. Mr. Russell advised that the use had stopped for a lengthy period of time and now it was coming back -in to be a restaurant again, but it could be argued that it has to meet the most recent code. Kate Latorre, Assistant City Attorney, clarified that this was not a non -conforming use; the use was allowed in the C-1 zoning district, with a granted special exception. What may be grandfathered was the parking, how many seats vs. square footage calculation. She was satisfied that the Building department would review and enforce the current parking requirement, and the Board should not worry about the technical numbers. She clarified that they absolutely had to have a minimum of 200 seats in order to be entitled to the special exception, otherwise there were distance requirements from like establishments that would come into play, along with the possibility of other requirements. Mr. Porter, Applicant, advised that next door at the miniature golf course, they have 75 parking spaces which in 20 yrs. they had never used all 75 at any one time; in fact they only use half of those spaces, therefore there was another 35-37 spaces that go unused 100% of the time which could be used for the restaurant if need be. He testified that if they wanted to go over 200 seats he would qo to the building department and make sure they do the proper paperwork to cover that. There were also grass areas on either side of the restaurant. Lamar Russell pointed -out that the restaurant and parking was existing, and if Mr. Porter wanted to open his restaurant he could do so in the configuratinn it wac. He rlarifierl that he was only askina for a special exception to serve alcnhnlic heveranes_ Planning & Zoning Board Meeting Minutes May 27, 2009 Page 4 Discussion was held regarding the State requirements of a liquor license and the requirements of the City code regarding seating capacity. Chairperson McNeely pointed -out that he would need to meet the requirements of the State and the City in order to obtain the liquor license. John Johanson pointed -out a couple of issues with the site plan and the building layout. He voiced his opinion that everything needed to be corrected before the request was forwarded to the Board of Adjustment. He advised that the Board members needed to decide whether or not they wanted this to come back or move it forward. He advised that the code called -out what items are required on the site plan and the building layout. The Board discussed imposing the aforementioned as a condition. More specifically, show a seating layout with 200 seats that shows how they equate to 68 parking spaces shown on a site plan; and draw a site plan per Section 110-171 of the City code. Lamar Russell and John Johanson gave the applicant an overview of what needed to be shown on the plans to meet the code requirements. Chairperson McNeely read conditions that the Board discussed as follows: There is to be 200 seats; the parking needs to be consistent with the seating, and needs to meet code; and the building plan and site plan need to conform to Section 110-.171. Discussion followed regarding the items that the P & 7 members did not receive that would be forwarded to the Board of Adjustment. Kate Latorre reviewed the code requirements for what needed to be shown on the site plan. John Porter, applicant, advised the Board that he would be happy to forward a copy of the updated site plan that will be forwarded to the Board of Adjustment. Discussion continued from various Board members that did not feel comfortable sending this application on to the Board of Adjustment with so many errors and omissions. Mr. Porter advised that this request was time sensitive. Discussion continued. Motion by Lamar Russell, seconded by Harry Pearson, to recommend the special exception to the Board of Adjustment with the conditions previously stated by Bea McNeely. Harry Pearson requested that the conditions be restated. Kate Latorre stated the conditions as follows: • That the parking shall conform to the number of seats. • A minimum of 200 seats are required to meet the requirement of the code. • The plans submitted to the Board of Adjustment shall be compliant with the requirements of the City code, specifically Section 110-171. • The application must be updated to reference only the request for alcoholic beverages; all other references shall be stricken. Discussion followed. Mr. Brown advised that staff would review the applications ,m,,;-;.ro closek. to ensiirp thpv meet code or hp- !ll :F h. -.c1. fin thr-- ...1 t ...tet � �..�.. .J .� s..,..... _ ,..�� ...�.r_ .,`. ... .... ,.... ...a:,lt 11 !: :J� -!� ::S .! l.. �ir� rt!�.�!!:. �^rr Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes May 27, 2009 Page 5 OPEN DISCUSSION Barry Brown, Planning Director, thanked everyone for their participation in the visioning. He was very pleased with the turnout. The next workshop would be held on June 11th, at 6 p.m., in the Radisson Resort Pavilion. He gave an overview of what that workshop would entail. Lamar Russel! advised that he was going on vacation to Alaska over the next three weeks, therefore may not be at the next meeting. There being no further business the meeting was adjourned at 8:35 p.m. Bea McN it erson Susan L. Chapman, Secretary