HomeMy WebLinkAboutP & Z DRAFT Meeting Minutes - May 26, 2010PLANNING & ZONING BOARD
MEETING MINUTES
MAY 26, 2010
A Regular Meeting of the Planning & Zoning Board was held on May 26, 2010, at the
City Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar
Russell, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called
the roll.
MEMBERS PRESENT
Lamar Russell
Bea McNeely
John Fredrickson
Harry Pearson
Donald Dunn
John Johanson
Ron Friedman
OTHERS PRESENT
Susan Chapman
Kate Latorre
Robert Hoog
Barry Brown
NEW BUSINESS
Chairperson
Vice Chairperson
1St Alternate
2nd Alternate
Secretary
Assistant City Attorney
Council Member
Planning & Development Director
1. Approval of Meeting Minutes: May 12, 2010.
Motion by Bea McNeely, seconded by Harry Pearson, to approve the meeting
minutes of May 12, 2010. Vote on the motion carried unanimously.
2. Continued Discussion & Recommendation to City Council Re: Proposed
Ordinance Amending Section 110-557, to Allow Commercial Parking
Facilities by Special Exception in the C-1. M-1 and C-2 Zoning Districts
Ctabled at previous meeting).
Barry Brown, Planning & Development Director, gave an overview of the agenda
item and staff report. He advised that he gave this request a considerable amount of
deliberation and concluded that this is an appropriate use given the right location,
adequate buffering and screening, and the ability to limit the number of commercial
parking facilities. He believed that the economics of paving and providing
stormwater will preclude most people from converting their vacant land into
commercial parking facilities. The advised the use should be allowed in C-1, C-2 &
M-1, but was not supporting any parking garages at this time.
Planning & Zoning Board
Meeting Minutes
May 26, 2010
Page 2
Discussion was held regarding hours of operation. Following discussion, the Board
members agreed that hours of operation should be flexible. Discussion was held
regarding provisions for security. Following brief discussion, it was determined that
provisions could be added to individual special exceptions as needed.
Discussion was held regarding the need for parking. Bea McNeely commented that
she recognized the need for parking and believed the ordinance criterion was
adequate. Discussion was held regarding distance requirements between like
establishments. Barry Brown advised that 1/3 mile was the distance requirement
for vehicle rental facilities. Bea McNeely suggested that the distance criteria for
commercial parking be changed to 1/2 mile to create more space between them.
Donald Dunn advised that he would not support adding car lots on AIA, because
they would not help or improve the look of the city. He commented that they should
only be allowed in the M-1 zoning district. Ron Friedman disagreed. He believed
that there was a need, in addition to Izzy's Restaurant. He pointed out that one of
the car rental facilities was allowed a maximum of 28 vehicles and he recently
counted 43 vehicles. He advised that another car rental facility parks vehicle
overflow on the grass right up to the sidewalk. He explained that since part of the
"vision" is to have people to come and walk around town to restaurants and shops,
things the city does not have now, they will all need parking. He agreed with Mr.
Porter that it is a reasonable request in our present economic times to get
something out of the land now in terms of return, and when the economics get
better the property owners will want to do something different with their land.
John Johanson agreed that there is a need for parking for different reasons. He
explained that on the south end of town, from the triangle south, there is a need for
the restaurants and stores; however the north end appeared not to have the same
need. He advised that new parking facilities would need to be built to current code,
as there is no grandfathering, because the use as it stood now did not exist. He
voiced his opinion that this issue needed to be addressed at the same time as the
visioning so it is uniform with the "vision". He commented that if the open
properties along the north end of the city were allowed to have commercial parking
it would be a huge mistake. He wanted the distance requirement to be 1/3 of a mile
south of the AIA split only, and no distance condition for the north end.
John Fredrickson advised that he has lived in the city for 19 yrs. This morning he
drove from the north end of the city to the south end and looked at what his town
has to offer. He advised that along A1A, there are two carpet stores, three car
washes, three hotels, four gas stations, five car rental facilities who over park their
lots, and do what they want. If they are a forewarning of future parking lots then he
wanted no part of it.
Planning & Zoning Board
Meeting Minutes
May 26, 2010
Page 3
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John Fredrickson continued to explain that there are at least 17 vacant lots, two
outside entertainment places, Fairvilla, and a few nice buildings. When he turned
around at the south end of the city and came back, he did not see a town that he
would like to live in. There is nothing to recommend Cape Canaveral on the basis of
driving in from the north, from route 528 south through the City. He noted that the
City paid $35,000 for the visioning to find out how the City can improve and be
something. We haven't even had a chance to implement the "vision", and the
requests are already coming through for parking lots.
Harry Pearson voiced his opinion that there was no need for a minimum separation
between commercial parking lots. He commented that a 15 ft. buffer was excessive.
Barry Brown commented that a 15 ft. buffer was not excessive; and along A1A 15 ft.
should be considered a minimum.
Discussion was held regarding the legal standing of the city's visioning. Chairperson
Russell advised that if the Board makes a favorable or adverse decision based on the
visioning, it will have no legal standing. The only legal standing that the members
can base their decision on is the existing Comprehensive Plan and the existing
zoning code. He commented that the Board has spent a lot of time on the visioning
process, and everyone is worried about how commercial parking would fit in to the
vision. It was unknown how commercial parking would compliment or mess-up the
coming visioning. He advised that the vision is a facilitating plan and has no legal
standing. Kate Latorre, Assistant City Attorney, explained that the visioning plan
does not have the force of law. It's a planning tool and an impetus to start adopting
Comprehensive Plan and Zoning Code amendments to the code so the City can
obtain these things that have been included in the visioning. She did not see
anything wrong with looking at the visioning for purposes in analyzing this
proposed amendment to the code, it may or may not be relevant. It should be used
as a guide to the portions that are appropriate. She noted that in reviewing the
application the Board should be looking at from a planning and zoning perspective.
He stated that the saying "build them and they will come" is nonsense, because there
is nothing here for them to see. Chairperson Russell concluded that an ordinance for
commercial parking was premature. Discussion continued.
John Porter, applicant, advised that most of his points had already been made at
previous meetings. He commented that most of the five City Council members
supported paid parking at the beach ends and this request may weigh-in favorably,
for the simple reason that if the City wants to do it, the taxpaying citizens should
have that same opportunity. He advised that the many existing large parking lots on
A1A are not well buffered or attractive, because they were installed so long ago, that
none of the current City code applied back then.
Planning & Zoning Board
Meeting Minutes
May 26, 2010
Page 4
John Porter continued to advise that his parking lot would be heavily buffered,
landscaped, and virtually unseen from A1A. He had no intention to get a special
exception to enhance the resale value of the property. He planned to cash flow the
property and keeps it long term. He commented that if they don't approve the
ordinance the City is going to have more of what it already has right now. There is
parking all around town which is a code enforcement issue, and there is natural
pressure on existing infrastructure for more parking.
Leo Nicholas, citizen, commented regarding the commercial parking that the City
already has at this time. Specifically, the hotels on the north end. It either should be
legalized or addressed by code enforcement for violation of the City code. The 800
lb. gorilla already exists. Joyce Hamilton, citizen, advised that she has traveled up
and down A1A and has witnessed cars parked on the grass areas. She believed that
there is a need for parking, not necessarily on A1A. She advised that one of the
problems would be transporting the people once they park their vehicles.
At 8:20 p.m. Chairperson Russell called for a five minutes recess. The meeting
reconvened at 8:26 p.m.
Chairperson Russell reviewed the special exception conditions. He advised that 1/3
of a mile would be changed to 1/2 mile, as suggested. Delete #9 - hours of
operation. Discussion followed.
Motion by Lamar Russell, seconded by Donald Dunn, to recommend that the City
Council disapprove the ordinance to authorize paid commercial parking facilities by
special exception. Vote carried by a 4 to 1 vote with members voting as follows:
Donald Dunn, for; John Fredrickson, for; Bea McNeely, against; Harry Pearson, for;
Lamar Russell, for.
Donald Dunn asked when a vehicle is considered storage. Kate Latorre responded
that the City code does not address that, and it would be a business by business
decision.
OPEN DISCUSSION
No open discussion was held.
Motion by Lamar Russell, seconded by Donald Dunn, to adjourn the meeting at 8:40
p.m.