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HomeMy WebLinkAboutMay 25, 2011 - P & Z MinutesPLANNING & ZONING BOARD MEETING MINUTES MAY 25, 2011 A Regular Meeting of the Planning & Zoning Board was held on May 25, 2011, at the City 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 Donald Dunn Ron Friedman MEMBERS ABSENT Harry Pearson OTHERS PRESENT Chairperson Vice Chairperson 15` Alternate Susan Chapman Secretary Kate Latorre Assistant City Attorney Barry Brown Planning & Development Director OLD BUSINESS 1. Recommendation to City Council Re: Site Plan for Casa Canaveral Assisted Living Facility =(700 W. Central Blvd.) — Danny P. Ringdahl, Puerto Del Rio LLC, Applicant. Barry Brown, Planning & Development Director, informed the Board members that this is a 288 bed facility, and approximately a $25 million dollar investment which will create approximately 150+ jobs, and have an enormous economic impact for the City. He added that the City is very excited to have this opportunity. He reminded the Board that at the last meeting several questions were raised by Board member Ron Friedman regarding the site plan; and the Board postponed the recommendation in order to allow for resolution of certain site plan issues expressed at that meeting. He announced that Ron Friedman emailed additional comments to City Staff subsequent to the last meeting. He pointed out that the report contained in the Board packet addressed staff's response to Ron Friedman's questions and comments from the last meeting. The Board members reviewed the report. Barry Brown advised that he would respond to Ron Friedman's emailed comments individually. The Board members reviewed a copy of the email sent to City Staff by Ron Friedman. Andy Kirbach, P.E., Project Engineer, answered various questions regarding the site plan. He advised that the existing drainage pond has a valid permit issued from St. Johns Water Management District (SJRWMD). He noted that the pond serves storm water runoff for the Puerto Del Rio Phase III project as well as Casa Canaveral Condominiums. He explained that Planning & Zoning Board Meeting Minutes May 25, 2011 Page 2of7 storm water from Residence Inn bypasses the pond to the outfall, which eventually travels to the initial phases of Puerto Del Rio Condominiums, which also has a valid permit from SJRWMD. Ron Friedman read the questions contained in his email that he sent to Barry Brown. He read the City code definition of a "setback" and voiced his opinion that it did not matter that staff consistently ignored the Code or was lax in reviewing projects in the past. He questioned that if parking in setbacks has been a problem for over 30 yrs. then there should have been a change to the Code years ago. He further questioned how staff knows the intent of the Code at the time it was adopted if the Staff was not working for the City at that time. He noted that the dumpster station is still located in the setback contrary to the existing City code setback definition. Barry Brown answered that Staff is not aware of the City's original intent of the definition for setbacks when the City code was drafted. What the Staff does know is that it has been consistently interpreted to allow for parking within the building setbacks for at least 30 yrs. He advised that the next item on the agenda is a proposed ordinance to revise the Code to read as it has been interpreted over decades. He read the definition of a setback. He interpreted the definition to mean that buildings cannot be located within the building setback; and explained that in the past it was always clearly interpreted that landscaping in setbacks was not required in areas replaced by parking spaces, drive aisles, or dumpster areas. Ron Friedman asked for the City Attorney's opinion regarding whether or not dumpsters are allowed within the setback, based on the Code's definition? Kate Latorre, Assistant City Attorney, answered that as the current Code reads it does not specifically allow for dumpsters to be located within a setback and that is why the City is proposing amending the Code. Ron Friedman advised that he did not see any need to cut the median back. He voiced his opinion that if the access drive remains as it is proposed people coming out of the driveway will be just slightly to the east of the people coming out of Bayside on the other side, because there is not a jog in their travel as was indicated in the City's Transportation Consultant's letter. He noted that there is more than enough room for the people exiting Casa Canaveral to clear the median without any problem; and if the median is cut as proposed a large Palm Tree with a 15 dbh and a bunch of smaller shrubs will be removed. Andy Kirbach explained that even though there was adequate room to safely make the corner without modifying the median they revised the original site plan based on the Board's discussion, concerns and directions at the last meeting. Discussion followed regarding same. Barry Brown announced that the City will be preparing a Streetscape Plan and Danny Ringdahl will be participating 50/50 with the City in appropriations for that plan. He explained that if the Plan identifies that the nose of the median needs to be altered then it can be done when improvements are being made to the street. He stated that he was comfortable with leaving the median as it is currently constructed with the understanding that if it needs to be revised it can be done as part of the streetscape and roadway improvements on Central Blvd. Ron Friedman advised that Barry Brown's response to his email stated that the applicant did not have to provide a buffer as required by Code, because the adjacent hotel has already provided one. He read the Code section to the Board members. He commented that the Code did not state that the applicant did not have to provide a buffer if one has already been provided by the adjoining property. He announced that he was pleased to see that the proposed buffer along the boundary of Jungle Village (Traxx) was revised to meet the Code criteria in terms of height, Planning & Zoning Board Meeting Minutes May 25, 2011 Page 3 of 7 instead of the low -line bushes that were shown on the original site plan. Barry Brown informed the Board that he interprets that Code section differently than Ron Friedman. He advised that it is his interpretation that there needs to be a buffer between a commercial area and a residential area and the first to develop has to install that buffer. He further advised that the existing commercial properties where the hotels are located have done just that. Therefore, the requirements of the code have been met. He pointed out that the only boundary where there is not a buffer is Jungle Village, and that is why this project will be providing one. Ron Friedman asked what would be wrong with having a double buffer. Barry Brown read the section of the Code which states that: "A visual screen shall be provided." He pointed -out that the required buffer has already been provided by the hotels adjacent to this property. Ron Friedman disagreed with his interpretation. Ron Friedman voiced his opinion that the loading areas shown on the site plan were adequate for the ALF. However, the Board of Adjustment or the City Attorney should be making significant interpretations of the Code, not Staff. He was confident that if a Variance is applied for that it would be granted. Barry Brown disagreed. He responded that it is an area for Staff s interpretation as it is considered minor in his opinion. He agreed that the project is providing ample loading areas, especially compared to what has been done on other projects in the area. He noted that loading areas is on Staff's list of Code revisions, because the Code needed to be clarified. Chairperson Russell commented that the City Code was written so to allow leeway for interpretation. Ron Friedman advised that exterior building lengths and lighting plan are not shown on the site plan. Barry Brown replied that the Code does not require a lighting plan, and overspill lighting is addressed in the Code and enforced by Code Enforcement. Ron Friedman asked how it could be determined whether or not there was sufficient or spillover lighting without a lighting plan. Barry Brown responded that he appreciated his concern, but the code is written so that adjustments, if needed, can be made after the project is completed. Ron Friedman voiced his opinion that the placements of the stop signs and stop bars where the driveways make the 90 degree turn by the building do not eliminate a serious safety condition, and if they did the City would have no need to require a visibility triangle at street intersections. He noted that the City Code even prohibits trees that obstruct visibility at street intersections. He commented that in isolated or low volume areas people tend to roll through a stop sign. He advised that if a driver stops at a stop bar while traveling towards the rear parking lot they can't see through the building. Therefore, in order to see if there is any oncoming traffic the driver must pull out into the lane by at least six feet. Even with a fifteen ft. radius a driver cannot help but pullout into the opposing lane. He inquired if the fire trucks can make the turn especially with the ladder engine. Andy Kirbach responded that following the Board's last meeting, they changed the radius to a fifteen ft. radius, and added a stop condition at the intersection to eliminate any possibility from drivers rolling the corner because now they have to stop. He explained that sight distance is typical for when you have a full intersection that one is going to drive through, that way the driver can see vehicles in the opposing lanes. However, the ALF is going to have a stop condition, even though in their opinion they do not have a safety condition. Planning & Zoning Board Meeting Minutes May 25, 2011 Page 4 of 7 Ron Friedman voiced his opinion of another safety concern that the two ft. shoulder located between the sidewalks and the slopes along the pond did not meet the Code. He recommended that the area between the sidewalk and the pond have a vegetative barrier. Andy Kirbach replied that the pond existed and was permitted by the City. He noted that Stottler Stagg & Associates, before they became the City Engineers, had drawn the original plan for the pond. He informed the Board that the sidewalk was not required by Code. He noted that the idea of the sidewalk feature was to provide the residents of Puerto Del Rio and the ALF an area where they could get away from street traffic by walking along a nature trail beside a pond. However, due to the Board's concern about the safety of the slope the developer has decided to eliminate the sidewalk. Ron Friedman advised that the row of parking spaces along the westerly side of the rear parking lot do not provide the 200 sq. ft. area required by Code. He explained that according to the existing Code parking is not permitted in any landscape buffer. He noted that the site plan shows that the parking spaces are 10 X 18 (180 sq. ft.), and the code requires parking spaces to be 10 X 20 (200 sq. ft.). Andy Kirback explained that they were trying to accommodate the long and narrow site for the ALF and get the parking spaces as close to the building as possible, and also provide a sidewalk for pedestrians for recreational purposes. However, because of the Board's concern regarding the slope of the pond, the sidewalk will be eliminated and the parking spaces lengthened to meet the requirement of the Code. Ron Friedman advised that the Code requires that parking areas of eleven or more spaces shall have at least one five -point tree for every five spaces or fraction thereof. He advised that there are no trees within the interior parking lot between the building and W. Central Blvd. Barry Brown replied that the applicant has provided more landscaping and more trees than required by Code. More specifically, the plantings provided along the perimeter serve as the buffer to the parking lot, four trees are provided directly around the parking lot area, and an additional tree can be moved from somewhere else so that five trees are provided adjacent to the parking lot area. Also, as part of the Streetscape Plan there will be additional plantings in the right of way, and a pedway, street furniture, and other amenities. Ron Friedman rebutted that there may be trees around the area and the perimeter, but they are not within the parking lot as required by Code. Barry Brown disagreed and reiterated that the applicant has provided more landscaping and more trees than required by Code. He added that there are also trees located around the perimeter and the parking lot area. He explained that when the developer begins his plantings the City will work with him to make sure that the City is getting the best visual appeal out of the planting materials that are required. Ron Friedman retorted that the Code should be followed literally. He voiced his opinion that any changes to the Code should not be handled by Staff, but rather one of the City Boards, whether appointed or elected. Bea McNeely asked if the City has adequate reuse water to support the elaborate landscape. Andy Kirbach answered that City Public Works staff has verified that there is reuse water available; however, if there is ever an issue with the availability they have other provisions available, including water from the storm water pond. There being no further comments from the Board members, Chairperson Russell asked for public comment. Resident, Susie Carter advised that the residents of Bayside have problems getting reclaimed water and she hoped that this project will assist with the availability of water to the Planning & Zoning Board Meeting Minutes May 25, 2011 Page 5of7 Bayside property. She commented that if the City has codes that are over 30 yrs. old perhaps someone should start revising or updating them before a developer comes in. Barry Brown clarified that no one on Staff was aware of the provision of Code Section 110-538 that did not allow for parking in setbacks. He explained that it was addressed when Staff became aware of the provision. Chairperson Russell stated that the Code has not been a problem for over 30 yrs., it's been the interpretation. He explained that the zoning code was purposely written with safety valves to allow for leeway so that Staff can make interpretations; the Code also has a formal appeal process; parking has been the worst problem the City has ever dealt with; the Code does have inconsistencies; in the past, the Code has been revised every 10 yrs., with reviews and revisions in the interim as needed. He advised that zoning is not exact, it is constantly changing and evolving, and it gives the City a framework to control the growth and keep chaos from developing. Resident Greg Tangelos voiced his concern regarding traffic flow from the 700 block to the 800 block of West Central Blvd. Chairperson Russell suggested he speak with Barry Brown regarding possible additional signage. Chairperson Russell asked if the Fire Department reviewed the site plan. Barry Brown answered that they had reviewed each resubmittal, they have been aware of the sharp turn located at the end of the parking lot, and Assistant Fire Chief John Cunningham has informed Staff that both the proposed ALF and the Puerto Del Rio Condominiums in Phase 3A & 3B have the appropriate emergency access. Brief discussion was held regarding forming a motion for recommendation of the site plan to City Council. Assistant City Attorney, Kate Latorre advised that even though the ordinance is being brought forward to remedy the problem of parking in the setbacks the motion should include a condition pending the adoption of proposed Ordinance 04-2011, because if for any reason the City Council does not adopt the Ordinance then the site plan will need to be modified to be compliant with the existing code provision which does not allow parking areas within the setbacks. Motion by Lamar Russell, seconded by Donald Dunn, to recommend approval of the Casa Canaveral Site Plan with the following conditions: 1. Adoption of Ordinance 04-2011, allowing parking within setbacks. 2. Remove the sidewalk located in the parking area along the lake. 3. Extend the parking spaces longer to meet the requirements of the City Code. (200 sq. ft.). 4. Make no modification to the median located on West Central Blvd. Vote on the motion carried by a majority vote of (4) to (1) in favor of the motion, with members voting as follows: Donald Dunn, for; John Fredrickson, for; Ron Friedman, against; Bea McNeely, for; and Lamar Russell, for. Planning & Zoning Board Meeting Minutes May 25, 2011 Page 6of7 Ron Friedman stated for the record that he voted against recommending approval primarily due to the poor intersection design and safety concerns at the corner of the building and the roadway. NEW BUSINESS 1. Approval of Meeting Minutes: May 4, 2011. Motion by Bea McNeely, seconded by Donald Dunn, to approve the Meeting Minutes of May 4, 2011. Motion carred unanimously. 2. Recommendation to City Council Re: Proposed Ordinance Amending Sections 110-1, 492 & 538 to Allow for the Provision of Parking Spaces within Setbacks. Barry Brown, Planning & Development Director, advised that the purpose of this Ordinance is to clarify the Code to allow parking, access drives & aisles, and dumpster areas within the building setbacks. He noted that this clarification will bring the Code consistent with the way it has been interpreted for at least three decades. The Board members reviewed the proposed Ordinance. Barry Brown read and explained the proposed changes. Chairperson Russell encouraged the Board to move forward with the recommendation to approve the Ordinance, even though they may have to come back and fine-tune the Code for landscaping and greenery in certain setbacks at a later date. He explained that when this Code was originally enacted it was written mainly for residential R-1 & R-2 areas to have the side setbacks landscaped and maintained. Brief discussion followed. Ron Friedman advised that he was looking at the broader view. He voiced his opinion that the revisions to the Code are appropriate. He explained that the City and its residents spent a lot of time, effort and money on the Visioning process trying to make the City more aesthetically pleasing and appealing. The proposed Code change would permit adjacent properties that are back to back to each other to have parking lots and driveways without any buffering between them whatsoever; and the City could end up with parcels next to each other with one contiguous slab of asphalt with no break-up. Chairperson Russell suggested that the Board members Google the word "overlay". He explained that when an overlay is placed over an existing zoning the City is going to change a lot of things that are not currently allowed by Code. Barry Brown advised that the City is in the process of preparing two and eventually three overlay districts. He advised that one of the overlay districts will be located on the West side of AIA on the North side of the City which will be the City's hospitality district and will include landscaping requirements. Another overlay district will be located at the Sheldon Cove project and landscaping will also be addressed. Eventually, the City will also establish a town center overlay district. He reiterated that the proposed Ordinance before the Board for consideration this evening is to clarify the Code the way it has been interpreted for over 30 years. He advised that the Board will come back in the near future to consider revising the Code regarding landscape buffering and possibly parking setbacks. Planning & Zoning Board Meeting Minutes May 25, 2011 Page 7 of 7 Motion by Donald Dunn, seconded by Lainar Russell, to recommend approval of proposed Ordinance No. 04-11 to City Council, as presented. Vote on the motion carried by a majority vote of (4) to (1) in favor of the motion, with members voting as follows: Donald Dunn, for; John Fredrickson, for; Ron Friedman, against; Bea McNeely, for; and Lamar Russell, for. OPEN DISCUSSION No open discussion was held. Motion by Donald Dunn, seconded by Lamar Russell, to adjourn the meeting at 8: 101).m.. Approved on this 2A` day of 201 L ze, 4 it 2aAA--&dT Lamar Russell, Chairperson M.. . . .. . . . . Susan L. Chapman, Secretary