HomeMy WebLinkAboutMinutes 03-09-05
PLANNING & ZONING BOARD
MEETING MINUTES
MARCH 9, 2005
A Regular Meeting of the Planning & Zoning Board was held on March 9, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the
meeting to order at 7:35 p.m. The Secretary called the roll.
MEMBERS PRESENT
Bea McNeely Chairperson
Leo Nicholas Vice Chairperson
John Fredrickson
Walter Schoenfeld
Alice Filteau 1st Alternate
Donald Dunn 2nd Alternate
MEMBERS ABSENT
Lamar Russell (Excused)
OTHERS PRESENT
Susan Chapman Board Secretary
Todd Peetz City Planner
Anthony Garganese City Attorney
Kate Latorre Assistant City Attorney
Rocky Randels Mayor
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 23, 2005 (Workshop Meeting and Regular Meeting).
Motion by Leo Nicholas, seconded by Bea McNeely to approve the meetings minutes of February 23, 2005. Vote on the motion carried unanimously.
2. Discussion Re: Requirements for Street Lighting - City Planner.
Todd Peetz, City Planner, advised that the City currently does not have a code to regulate street lighting. He gave an overview of various cities street lighting ordinances. Brief
discussion followed. The Board members agreed to consider regulating street lights during the review of Chapter 110.
3. Discussion Re: Submittal Requirements for Special Exceptions and Variances - City Planner.
Todd Peetz, City Planner, explained that a recent special exception application submittal was not sufficient to allow the Board to make a decision and additional exhibits were necessary.
The additional information requested by the Board delayed the applicant. He suggested adding criteria to the submittal requirements which include: a detailed drawing of the property,
building elevations, and photographs of the site. Anthony Garganese, City Attorney, advised that he was revamping the procedures to streamline the review process and will distribute
the draft procedures by the next meeting.
Planning & Zoning Board
Meeting Minutes
March 9, 2005
Page 2
The Board members requested that the Board of Adjustments be invited to the joint workshop meetings when the city begins reviewing Chapter 110.
4. Review and Recommendation to City Council Re: Proposed Ordinance to Change Site Plan Approval Procedures - City Attorney.
Chairperson McNeely advised that she disagreed with this change. She voiced her concerns regarding: time lines involved between scheduled meetings; additional expenses to the City and
developer; why this change?; Council members are sometimes also developers and contractors; and what could the City Council negotiate with the developers? Mr. Nicholas commented that
he was concerned that City Council has so much on their plate that they may rush through these approvals, however, his main concern was that a technical decision by the Planning & Zoning
Board may be overturned by a political decision by City Council. Chairperson McNeely agreed with Mr. Nicholas. Ms. Filteau voiced her concern that this change would delay the process
for approval. Dr. Fredrickson had no comment but questioned the change. Mr. Schoenfeld voiced his concerns regarding time and expense. Mr. Dunn commented that he did not believe the
process should be changed without an creditable reason; and did not believe that the City Council could have denied the Oak Park site plan. Mr. Peetz advised that the change would provide
an alternative to a bad decision when the code does not address certain situations that are not good for the City. He questioned the turn around time that the developer would expect
to be scheduled on the City Council agenda after recommendation by the Planning & Zoning Board. Mr. Roger Combs, citizen and developer, commented that additional time for approval is
a consideration for the developer. He advised that development agreements are good for everyone. He suggested that the site plans be forwarded to City Council at the same time they
are given to the Planning & Zoning Board. Discussion followed regarding time lines between scheduled meetings. Mr. Dunn suggested that City Council consider a sufficient amount of
time between meetings for staff to prepare the necessary documentation.
The Board members reviewed and discussed the draft ordinance. The Board suggested various changes throughout the ordinance. Attorney Garganese advised that he would make the changes
as requested.
Motion by Dr. Fredrickson to recommend approval of the ordinance. Motion died for lack of a second.
Motion by Chairperson McNeely to deny the proposed ordinance. Motion died for lack of a second.
Motion by Ms. Filteau, seconded by Dr. Fredrickson to recommend the ordinance with the noted changes during discussion, with consideration of an established timeline for scheduling
a site plan after recommendation on an upcoming City Council agenda. Vote on the motion carried by a (4) to (1) majority, with members voting as follows: Ms. Filteau, for; Dr. Fredrickson,
for; Ms. McNeely, against; Mr. Nicholas, for; Mr. Schoenfeld, for.
Planning & Zoning Board
Meeting Minutes
March 9, 2005
Page 3
5. Discussion Re: Oak Park Condominiums - City Attorney.
Kate Latorre, Assistant City Attorney gave a summary legal opinion in response to the
Planning & Zoning Board's concerns regarding its site plan approval of the Oak Park Condominium project and the allegedly perjurious testimony of William "Dude" Braselton, Vice President
of Oak Park of Brevard, Inc., at the September 22, 2004 Board meeting. She advised that there is no clear and convincing evidence showing whether or not Mr. Braselton's sworn testimony
at the September 22, 2004 P & Z meeting constituted perjury. She explained that the City Attorney's recommendations include a joint planning agreement with Brevard County concerning
the issuance of driveway permits. Another recommendation was to include new code language that would allow the City to temporarily suspend or revocation of site plans or other land
use decisions based upon fraudulent or misleading statements.
There being no further business for the Board to consider the meeting was adjourned at 9:30 p.m.
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Bea McNeely, Chairperson
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Susan L. Chapman, Board Secretary