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HomeMy WebLinkAboutMinutes 01-23-2008PLANNING & ZONING BOARD MEETING MINUTES JANUARY 23, 2008 A Regular Meeting of the Planning & Zoning Board was held on January 23, 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 Ronald Friedman OTHERS PRESENT Robert Hoag Shannon Roberts Kate Latorre Todd Morley Todd Peetz Susan Chapman NEW BUSINESS Chairperson Vice chairperson 1 st Alternate 2nd Alternate Mayor Pro Tem Council Member Assistant city Attorney Building Official City Planner Board Secretary 1. Approval of Meeting Minutes: December 12., 2007. Motion by Harry Pearson, seconded by Lamar Russell, to approve the meeting minutes of December 12, 2007. Dote on the motion carried unanimously. 2. Election of chairperson and Vice Chairperson, John Fredrickson nominated Bea McNeely for chairperson. The nomination was seconded by Lamar Russell. Bea McNeely accepted the nomination. By a voice vote all Board members were in favor of Bea McNeely as Chairperson. Bea McNeely nominated Lamar Russell for Vice chairperson. The nomination was seconded by Donald Dunn. Lamar Russell accepted the nomination. By a voice vote all Board members were in favor of Lamar Russell as Vice Chairperson. Planning & Zoning Board Meeting Minutes January 23, 2008 Page 2 3. Review and Recommendation to city Council Re; Burger Kinq Site Pian - Tracy E. Kirkland, lnterolan LLC, Agent for Burger King„Corporation. All persons giving testimony were sworn in by the Assistant City Attorney. Todd Peetz, City Planner, gave an overview of the proposed project. He advised that the site was located on an out -parcel of the Residence Inn on the south side of their entrance; and north of the Race Trac Service Station on Astronaut Boulevard. The proposed project included a 2,221 sq. ft. building, 18.25 ft. high, 25 regular parking spaces, and 2 handicap spaces, 1.43 acres, 121 pm peak hour trips would be generated; there was adequate wastewater treatment, water, and solid waste. He stated that city staff had reviewed the proposed site pian and had no additional comments or concerns. The Board members reviewed the submitted site plan. Discussion followed. Tracy Kirkland, representative for Burger King, responded to the Board members questions. Roger Dobson, one of the property owners of the property, verified that he would not be selling any of the required hotel acreage; and there was a Unity of Title Agreement for the hotel property. Assistant City Attorney, Kate Latorre, explained the proper process of subdividing parcels/lots of property, including replatting. Robert Wood, legal counsel representing Burger King Corp., advised that a replat should not be required; the City knew about the anticipated sale of the out -parcel from the beginning when Residence Inn was first presented to the City; all parcels were shown on the 2005 Residence Inn Site Plan; all utilities and access to the proposed Burger King property was already in place. Attorney Wood stated for the record, that a delay in the project would result if the City required the property to be replatted. Todd Peetz replied that a replat was a formality to comply with the City code. Kate Latorre explained that a Lot -Split Resolution would acknowledge the Burger King parcel as a developable lot of record without going through the replatting process. This Resolution would also restrict further property subdivision(s) without prior City approval. Roger Dobson advised that the closing date for the Burger King Property was scheduled to be or about February 23rd. Kate Latorre explained that the Board could recommend conditions of approval of the Burger King Site Plan. She noted that a Resolution would not address everything a replat would address, including easements, but it could restrict the property from ever being subdivided without prior City approval. Discussion followed. Motion by Donald Dunn, seconded by Harry Pearson to recommend approval of the Burger King Site Plan, with the condition that a lot -split Resolution be enacted. Discussion followed. Donald Dunn withdrew his motion, Harry Pearson agreed. Discussion continued. Planning & Zoning Board Meeting Minutes January 23, 2008 Page 3 Motion by Donald Dunn, seconded by Bea McNeely, to recommend approval of the Burger King Site Plan, with the condition that the lot be acknowledged by a lot -split Resolution that recognizes that the Burger King lot would not be subdivided for future development, without prior City approval. Discussion followed. Bea McNeely amended the motion to include a requirement that the lot -split Resolution contains all shared easements. Donald Dunn seconded the amendment. Vote on the amendment to the motion carried unanimously. Vote on the main motion carried unanimously. Lamar Russell requested that the order of Agenda Items #6 and #4 be switched. The Board members agreed. 4, Discussion Re: Building Height in Commercial Districts - Todd Peetz Cit Planner. Todd Peetz, city Planner, advised that the Board had discussed mixed-use development having greater height than 45 ft. and they had also heard from a property owner requesting that the Board consider height to be greater than 45 ft. He explained that tonight's discussion would be in two parts. First, whether height greater than 45 ft. in the commercial district should be allowed; and second, where, when, and how should the height be determined. Bea McNeely, chairperson, stated that she wants the City to stick to 45 ft, which they had defended for several years, because that is what the citizens wanted and voted for by referendum back in the 70`s. She wanted to also protect the sun and breeze. She explained that taller buildings block both the sun and breeze. She stated that she was going to stick with the 45 ft. height limit. Lamar Russell, Vice Chairperson, suggested that the Board continue to explore the idea. He noted at the last City council meeting the Council had requested the P & Z Board to explore the idea. He advised that the Board would not be considering raising height along the beach or in residential neighborhoods, but would consider exploring a height increase on defined lots along Al A. He noted that they have received a proposal for consideration. Lamar Russell pointed -out the following options to increase the height limitation for consideration: OPTION #1 Zoning amendment by application. OPTION ##2 P & Z recommend zoning change to the city Council. OPTION #3 P & Z recommend 65 feet from defined areas on AlA. OPTION #4 Recommend incorporating 65 feet into M.U.D., with the City council approving specific sites. OPTION #5 Utilize the RPUD code as a model and negotiate setbacks, green area, etc. on a case be case basis. Planning & zoning Board Meeting Minutes January 23, 2008 Page 4 Mr. Russell noted that William "Bill" Mays property would be a fore runner for future developments. Todd Peetz suggested that the Board consider separation from residential to allow the increase height. Ron Friedman commented that he liked Lamar Russell's idea on negotiation on a case by case basis, but only considered a height increase in the C-1 zoning district, however, not increase height on a parcel that is located adjacent to a residential use. He commented that citizens want and need services provided within the City. He advised that the higher you go the cheaper it is to build per square foot. Lamar Russell advised that criteria would need to be created and to protect the 45 ft. height; the City Council would need to negotiate on a case by case basis. Donald Dunn suggested sending the idea to the public for a vote. He advised that the city should not be developer driven. He commented that he did not believe 05 ft. was. high enough, and perhaps they should consider allowing up to 100 ft. He advised that he could not conceive how a height increase would be manageable with all the traffic in that area. He believed that the C-1 zoning district on AlA was the worst possible place to put it. John Fredrickson agreed that each developer should come in and plead their case. He believed that Mr. Berger's project had merit to increase the height. He agreed only to consider the height increase along Al A. John Johanson voiced his opinion that the increased height should only be considered on north of Central Blvd. along AlA, and each proposed development should be considered on its own merits. Harry Pearson advised that he could not fathom hearing each request case by case; the City wants new services; and he did not agree that a building constructed to a height of 45 ft. to look like a square box. He commented that higher buildings bring higher income. He announced that he has thought about the subject for six weeks, and even surveyed many small groups of citizens and 100% wanted to retain the 45 ft. height. Discussion followed. Bennett Boucher, City Manager, advised that last year a potential developer inquired about constructing a 75 feet high office building that included a parking garage on the North part of the City. He advised that they were turned away because the City has a 45 ft. height restriction. Arthur Berger, representative for Sheldon Cove, commented that the Al A corridor was the only place this could be done; that this corridor has vacant land and old buildings; architecture and traffic was regulated by F.D.a.T., the city needed additional height in the commercial district to attract future developments. Joyce Hamilton, citizen, advised that the citizens want this project and welcome Sheldon Cove. Discussion followed. In conclusion, the Board requested that the City Planner bring back information, at the next meeting regarding: Distance separation from commercial and residential, effects of shadowing, and traffic counts along AlA at peak hours. Planning & Zoning Board Meeting Minutes January 23, 2008 Page 5 5. Presentation & Discussion Re: Ideas for Citizen Awareness Participation Plan LCAPP) — William Mays, Presenter. Todd Peetz, City Planner, advised that the Board had discussed the mixed use development and this agenda item was a continuation of those discussions regarding location, height, density, intensity, open space, traffic, pedestrian access, type of uses, and appearance. Dawn Mays, Representative for Sheldon Cove, presented a proposed CAPP process, which included a mailer, website, media releases to notify the public, and a recommendation to have a community meeting at the Cape Canaveral library to discuss the project and obtain public feedback. Discussion followed. In conclusion, staff was tasked with formulating a process for when a CAPP would be required, to include a notification process for small projects; and a proposed time schedule. 5. Discussion , Re-. Mixed Use Development —Todd Peetz, city Planner. Todd Peetz, city Planner, advised that the Board had discussed a mixed use development having a greater height than 45 feet and that they recently heard from a property owner requesting a building height increase. He outlined that the discussion should be in two parts the first, whether height greater than 45 feet in a commercial district should be allowed; and second, where, when and how should that height be determined. Lamar Russell, Vice chairperson, announced that the Board should have had the opportunity to discuss mixed-use two weeks ago, rather than the meeting being cancelled because there was no new business. Due to the time, Harry Pearson suggested that this agenda item be discussed at the next meeting. Lamar Russell requested that all discussion items be placed on every meeting agenda until the item is pounded flat. He requested that the next meeting agenda include a discussion item regarding the platlreplat ordinance. 7. Discussion Re: Planniga & Zoning Board's Priorities for the Year. Due to the time this agenda item was not discussed. Planning & Zoning Board Meeting Minutes January 23, 2008 Page 8 OPEN DISCUSSION Mr. Mays asked that the LAPP discussion be the first item on the next meeting agenda. The Board members agreed with his request. There being no further business the meeting was adjourned at 10:00 p.m. a` Bea McNe 66n Susan L. n, Sec etary