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HomeMy WebLinkAboutMinutes 09-24-2008 PLANNING & ZONING BOARD MEETING MINUTES SEPTEMBER 24, 2008 A Regular Meeting of the Planning & Zoning Board was held on September 24, 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., immediately following the Sign Code Workshop. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1st Alternate Ronald Friedman 2nd Alternate OTHERS PRESENT Anthony Garganese City Attorney Susan Chapman Board Secretary Rocky Randels Mayor Robert Hoog Mayor Pro Tem Shannon Roberts Council member Barry Brown Planning & Development Director NEW BUSINESS 1. Approval of Meeting Minutes: August 13, 2008. Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes of August 13, 2008. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Final Replat for Sea Shell Cay North Townhomes - John Johanson, Applicant. John Johanson declared a voting conflict and stated that he submitted the required form to the Board Secretary before the meeting. The Board Secretary confirmed same. Barry Brown, Planning & Development Director, gave a brief overview of the project; and reported that staff reviewed the final replat and recommended approval. He announced that the applicant had made a revision which the applicant would explain to the Board. r Planning & Zoning Board Meeting Minutes September 24, 2008 Page 2 John Johanson advised that he was part owner of the property; Ron Friedman had called him and advised there was an error on the North side of lot 3 by .01, because the surveyor's computer rounded -up the measurement. Chairperson McNeely commented that the Board normally had more information. She had questioned the acreage of each lot during the preliminary replat review, and verified that the acreage was corrected on the final replat. She questioned why there were variable widths to the ingress /egress easements. John Johanson responded that the variable widths allowed for access to the property and utilities. City Attorney Garganese advised that the Board's only consideration was per Section 98 -56. The Planning & Development Director, Barry Brown, reiterated that staff reviewed the final replat and recommended approval. Brief discussion followed. Motion by John Fredrickson, seconded by Donald Dunn, to recommend approval of the Final Replat for Sea Shell Cay North to the City Council. Vote on the motion carried unanimously. OPEN DISCUSSION Note: The following paragraph was changed from the final draft, as per Donald Dunn's request, to read as follows: Donald Dunn advised that some people have said that the Planning and Zoning Board is reactive and not proactive. He believed that the Board is reactive by the very nature of the Board. He stated that "We are given work and we react to it by making recommendations. My goal is to continue serving the City as best as I can." He advised that he would like to get rid of building height in the City's building code and only count the number of floors. He explained that one time he made a motion that the City changes the building height from 45 feet to 100 feet. That motion failed to pass. He would also prefer that the building code allow a roof top restaurant that would not be counted as a floor to encourage developers to do so in the commercial area along A1A. He would also prefer to have a large scale developer build a complex that would include a theater for the performing arts, an art museum, professional offices, our library and a parking garage. Planning & Zoning Board Meeting Minutes September 24, 2008 Page 3 Barry Brown informed the Board that City Council had requested that he ask the Board members opinions regarding being interviewed for reappointment. Bea McNeely asked how to reconcile having an open mind, like the Board members have been asked, without having a vision. She was still waiting for visioning sessions with the community. She stated that she did not have a problem with being re- interviewed. Lamar Russell advised that he had assisted in building the City code and he defended it. He cautioned that the City needed to careful about changing the codes they already have. He asked the Board to consider planning for change and redevelopment, and be willing to explore new thoughts, debate and swap opinions, then vote and move on. He stated that he did not have any problem with being re- interviewed. Harry Pearson stated that it was perfectly fine with him to be re- interviewed. Chairperson McNeely called for a consensus of the Board regarding being interviewed by City Council for reappointment. By consensus, there was no opposition from the Board members to be interviewed by the City Council for reappointment. Bea McNeely questioned where the City was going to get more Board members? Lamar Russell responded that they get their members from residents of the City. She stated that there should be a real effort to recruit volunteer Board members. John Johanson suggested that City Council give the Board more direction of what they envisioned for the City's future, and keep dialogs open with the City Boards; Cape Canaveral is not the City of choice, because it does not have much to offer; redevelopment is very important, and now was the time to explore the codes and make changes in the best interest of the City's future. Barry Brown advised that Phil Laurien, East Central Florida Regional Planning Council (ECFRPC), was including money in his budget to lead the City's visioning sessions, but he did not know right now how much money he will have for our sessions. Mayor Randels explained where the money comes from to support the ECFRPC. He noted that some cities decided not to fund the ECFRPC in this year's budget. Motion by Lamar Russell, seconded by Donald Dunn, to add an item onto the agenda. Vote on the motion carried unanimously. Motion by Donald Dunn, seconded by Lamar Russell, to recommend that the City aggressively pursues the visioning process. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes September 24, 2008 Page 4 John Fredrickson asked for a status report of existing and upcoming projects. Barry Brown advised that he would bring a status report of the projects to the next meeting. Barry Brown advised that the Board meeting scheduled for October 8th would be cancelled; therefore, the next Board meeting would be held on October 22nd. Mayor Randels applauded the Board's efforts to pursue visioning. There being no further business the meeting was adjourned at 8:45 p.m. Bea McNeel , Chairperson Susan L. Chapman, Secretary RECEIVED SEP 2 3 2008 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS - -.AST NAME - FIRST NAME — MIDDLE NAME / NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE IACA CUt✓L P / ���� ✓te I _. « ✓ -1 G � 4i =ley 4 Ta ��`� MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 3/0 i4 ap e- WHICH I SERVE IS A UNIT OF: CITY COUNTY CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY r NAME OF POLITICAL SUBDIVISION: Cep Cex.,<< v�� �� G�< .xu — DATE ON WHIC VOTE O CURRED MY POSITION IS: / 2 7 /C[3 ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which lures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- --sure which inures to the special gain or Toss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or Toss of a relative; or to the special private gain or Toss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: • In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. 'c YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE AKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST J v ` ` � v /14--t "s` _, hereby disclose that on 5 eP 7 e - L - -- 20 a (a) A measure came or will come before my agency which (check one) K inured to my special private gain or loss; • —_ inured to the special gain or loss of my business associate, _ inured inured to the special gain or loss of my relative, _ -- inured to the special gain or loss of —___— —_— b whom I am retained; or —_ inured to the special gain or loss of -- — - - - - -- -- - - -- , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: � et,J E3> _Lf ? ,2 Re pI �f d �` p,�flp r 7 1 Y 3 0 id, A Date Filed «'nature P NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2