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HomeMy WebLinkAboutMinutes 02-23-05 PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 23, 2005 A Regular Meeting of the Planning & Zoning Board was held on February 23, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 8:00 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Leo Nicholas Vice Chairperson Lamar Russell John Fredrickson Alice Filteau 1st Alternate Donald Dunn 2nd Alternate MEMBERS ABSENT Walter Schoenfeld (Excused) OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro-Tem Todd Morley Building Official All persons giving testimony were sworn in by City Attorney Garganese. NEW BUSINESS: 1. Approval of Meeting Minutes: February 9, 2005. Motion by Chairperson McNeely, seconded by Lamar Russell to approve the meeting minutes of February 9, 2005. Vote on the motion carried unanimously. 2. Recommendation Re: Special Exception Request No. 04-04 to Allow Outside Storage of Recreational Vehicles, Trailers, and Trailerable Items in the C-2 Zoning District, (192 Center Street) - Ron Abeles, Petitioner. Todd Peetz, City Planner, advised that the request was tabled at the previous two meetings for additional information. He reviewed the submitted exhibit and noted that the number of proposed parking spaces exceeded code requirements. Ron Abeles, Petitioner, testified that he was petitioning to be allowed to have outside storage of trailers and Trailerable items. He verified that he provided the additional exhibit as requested by the Board at the last meeting. The Board members reviewed and discussed the exhibit. Mr. Abeles verified that he was the property owner of the entire area shown on the survey. Planning & Zoning Board Meeting Minutes February 23, 2005 Page 2 The Board members reviewed the special exception worksheet. Mr. Abeles verified that all code requirements would be met with this request. He promised that it would not become a junk yard. He agreed to install a tow away sign for inoperable and untagged vehicles. Referring to the exhibit map, he testified that he would limit parking to 55 spaces, storage will only be located within the yellow highlighted area, and ingress and egress will be limited as depicted on the survey in the orange highlighted area. The Board reviewed each item of the application worksheet. Burt Bruns, citizen, cautioned the Board on granting the request for the special exception to run with property because Mr. Abeles may sell the property in the future. City Attorney Garganese responded that the special exception for outside storage will be limited to the items specified on the application. Todd Morley, Building Official advised that any violation to the granted special exception would be turned over to code enforcement. Motion by Mr. Fredrickson, seconded by Mr. Nicholas to recommend approval of Special Exception Request No. 04-04 with the condition that parking be limited to 55 spaces. Vote on the motion carried unanimously. 3. Recommendation Re: Special Exception Request No. 05-01 to Allow Residential Use in the C-1 Zoning District, Section 23, Township 24 South, Range 37 East, Block 1, Lots 1, 2 & 3, Avon by the Sea - Nancy Murray, Petitioner. Todd Peetz, City Planner, gave a staff report of the request and advised that the property was located on the corner of N. Atlantic and Washington Avenues. Ron Wallen, Representative for the Petitioner, testified that they intended to construct four townhouse units. He further testified that the auto shop, which exists to the South of subject property, constructed a concrete wall which abuts this property and therefore, there could never be an alley; the lots are only 100 ft. in depth; the warranty deed (Exhibit A) is a legal description of the entire property. Todd Peetz advised that the property to the East is vacant and it would be up to the Board if they wanted to add buffering around the property boundaries although, it is not required by code. The Board reviewed Section 110-566 regarding buffering requirements. Discussion followed. Mr. Wallen advised that he planned to provide a landscaping buffer around the entire property. He noted that 50 ft. of Lot 1 will be a retention area for the entire property and would need to be maintained by the property owner of Lot 1. James Hale, citizen, asked if the existing Oaks trees and one Bottle Brush tree will remain. Mr. Wallen responded that as long as the trees are not within the driveway area the trees would remain. City Attorney Garganese responded that they would need to abide by the requirements of the code in place at the time the site plan is approved. Judy Hale, citizen, commented that she would hate to see the trees removed that are within the City right-of-way. Planning & Zoning Board Meeting Minutes February 23, 2005 Page 3 Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend approval of Special Exception Request No. 05-01. Vote on the motion carried unanimously. 4. Motion Re: Revised Site Plan for Portside Villas - Allen Engineering, Applicant. John Wilt, Representative for Allen Engineering, submitted a revised sketch of the submitted revised site plan showing additional changes to the guardhouse at the project entrance. He advised that the guardhouse would be removed due to setback requirements but would like the entrance gate to remain. He advised that the other revision was to increase the size of the swimming pool and cabana, which was shown on sheet 1 of the revised site plan. The Board members reviewed and held discussion regarding the site plan. Motion by Mr. Russell, seconded by Mr. Nicholas to approve the revised site plan for Portside Villas for the pool change and cabana area only. Vote on the motion carried unanimously. 5. Recommendation to City Council Re: Revised Site Plan for Madison Cay aka Shores of Artesia, Phase II - Roger Smith, Applicant. Todd Peetz, City Planner, advised that this request was a change to the vested site plan to remove the swimming pool for additional parking. He noted that leaving the existing garage structure would require a Variance because it does not meet the minimum setback requirement. Mr. Smith, applicant, advised that he did not care if the garage structure needed to be removed. He advised that he needed approval to remove the pool to provide additional parking. Todd Peetz, City Planner, advised that current ordinance requires three parking spaces per townhouse unit, but due to the fact that the vested site plan was initially approved in 1984, it required only two parking spaces per townhouse unit. Further, he advised that if the swimming pool and garage were removed from the site, the project could gain a total of 19 parking spaces, having the effect of voluntarily complying with today's ordinance. Mr. Smith confirmed that he was the property owner. City Attorney Garganese commented that any changes to the vested site plan would need to meet current code requirements. He advised that the garage structure needed to be removed as part of the vested site plan agreement. Motion by Mr. Russell, seconded by Mr. Nicholas to recommend approval to remove the garage structure and remove the pool to provide the additional parking spaces. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes February 23, 2005 Page 4 6. Recommendation to City Council Re: Draft Ordinance to Amend the Special Exception Requirements for Minimum Lot Sizes and Distances for Vehicle Rentals and Sales - Anthony Garganese, City Attorney. City Attorney Garganese gave the Board an overview of the proposed ordinance. Discussion followed. Motion by Chairperson McNeely, seconded by Mr. Russell to recommend approval. Vote on the motion carried unanimously. There being no further business for the Board to consider the meeting was adjourned at 10:18 p.m. ___________________________________ Bea McNeely, Chairperson _________________________________ Susan L. Chapman, Board Secretary