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HomeMy WebLinkAboutMinutes 09-12-2007 0 PLANNING & ZONING BOARD MEETING MINUTES SEPTEMBER 12, 2007 A Regular Meeting of the Planning & Zoning Board was held on September 12, 2007, 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 Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1st Alternate Ronald Friedman 2nd Alternate OTHERS PRESENT Robert Hoog Mayor Pro Tern Shannon Roberts Council Member Buzz Petsos Council Member Kate Latorre Assistant City Attorney Todd Peetz City Planner Susan Chapman Secretary NEW BUSINESS 1. Approval of Meeting Minutes: August 22, 2007. Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes of August 22, 2007. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Casa Esperanza - Final Replat, (331, 333 & 335 Fillmore Avenue) - Section 23, Township 24 South, Range 37 East, Replat of a Portion of Lot 7 & All of Lot 8, Block 58, Avon by the Sea Subdivision - John Johanson, Applicant. (Postponed (a' Previous Meeting). Mr. Johanson declared a conflict of interest. Todd Peetz, City Planner, reported that since the previous meeting, Mr. Johanson had provided a sample of protective covenants. Kate Latorre, Assistant City Attorney, verified that she had no concerns with the reviewed sample, although the covenants need to be updated to reflect this project. Planning & Zoning Board Meeting Minutes September 12, 2007 Page 2 Mr. Johanson, Applicant, advised that there would be a party wall agreement, but he did not believe it was required by code. Kate Latorre advised that a party wall agreement was a part of the protective covenants; they were required because they would need to be recorded and run with the property. The Board reviewed city code Sections 110-377, 98-41, and 98-59. Following discussion of the code sections, Mr. Johanson commented that he was not convinced that the documents were required. He stated that he was not going to do something that was not required by the code; however, he was going to record a party wall agreement similar to what was in the Board's packet. Vice Chairperson, Lamar Russell, advised that the code should be specific and spell-out what the owner(s) responsibilities were for the common elements. Todd Peetz announced that the Board would be discussing the replat process at the next meeting. Ron Friedman commented that the P & Z Board needs to use common sense to protect the life, safety, and welfare of the citizens. John Johanson rebutted that there were no life, safety, or welfare issues. Sandra Butler, citizen, commented that people who buy townhomes and not condominiums do so because they don't want to live in a place where there are specific rules and regulations that they are made to follow. Motion by Harry Pearson, seconded by Lamar Russell to recommend approval of the Casa Esperanza Final Replat to City Council, with the condition that a party wall agreement be recorded. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: Dedication of a 10.00 ft. Wide Sanitary Sewer Easement at the Mermaid Key Revised North Parcel. Todd Peetz, City Planner, clarified that the requested action for this agenda item was to recommend approval of a new proposed dedication for the easement at the Mermaid Key project. The Board members reviewed the proposed dedication. Brief discussion followed. Motion by Chairperson McNeely, seconded by Harry Pearson to recommend approval. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes September 12, 2007 Page 3 4. Presentation & Discussion Re: Mixed Use - Chris Keller for Miller Legg. Chris Keller, Presenter, explained to the Board that they would be entertaining a mixed use concept, in a neutral environment, without being driven by a developer. Mr. Keller began his power point presentation for mixed use development, which included: what it was; the history; benefits; considerations for the Board; and examples & elements. Mr. Keller's presentation on the history of mixed use included: examples of agrarian communities and rural villages, pre-industrial and industrial, land use segregated as a result of the industrial age, and modern residential areas with segregated uses. Mr. Keller explained that mixed use development encourages a variety of complementary land uses, and included: a reduction of auto trips, increased social interaction, synergy/critical mass, quality development, enhanced economic investment and increased tax base. Mr. Keller advised that mixed use would benefit the city by including choices of workability such as transportation, housing choice, consumer choice, urban renewal, aesthetics, amenities, synergy, design flexibility, financial feasibility. He noted that while mixed use development had many benefits, such as preservation of undeveloped or environmentally sensitive land, some drawbacks did exist, which should be considered as follows: the residential component of mixed use development was often best suited for those who enjoyed public rather than private amenities, including community pools or playgrounds; some consumers preferred "big box" retailers, such as Wal-mart, instead of corner stores even though big box retailers often have negative connotations. Mr. Keller explained that special considerations should include: crime, parking, greater traffic congestion, design and architecture reflecting the community's image, and building height. Mr. Keller encouraged the city to ask questions before approving mixed use such as: was the proposed development consistent with the vision and culture of the community; was it taking into account the highest and best use of the property; was it legally permissible, physically possible, and financially feasible; what economic benefits or incentives were available to the developer through the project to enable him/her to give the city a product it desired. 0 Planning & Zoning Board Meeting Minutes September 12, 2007 Page 4 Mr. Keller gave examples and elements of mixed use, such as flexible setbacks, y; combination of residential and retail, traffic calming with on-street parking, off- street parking, narrow lane widths, and dedicated bike lanes, parking in the rear of buildings, sidewalks and open areas being pedestrian oriented with plazas, fountains, and public spaces. Following Mr. Keller's presentation, discussion was held regarding redevelopment; existing mixed use developments within the state; minimum acreage; height; benefits; the city maintaining it's current density, intensity, and height; encouraging mixed use in centrally located areas; and the possibility of mixed use on certain properties throughout the city. Comments from the audience regarding mixed use included: the desirability for mixed use; preserving Astronaut Blvd. for solely commercial uses; encouraging commercial, retail, and residential areas along N. Atlantic Avenue; vacancy rates and turn-over of mixed use developments; the ongoing success of mixed use developments within the state; researching and reviewing other city's codes on mixed use; sustainability and economics; identifying properties for possible redevelopment; existing residents desirability for mixed use and types of retail. Bennett Boucher, City Manager, advised the Board that the City Council members were receptive to the mixed use concept. He pointed out that the C-2 district was created to give the property owners, along A1A, with vacancies, more choices to give tenants to fill their building(s); the city then asked those property owners if they would be willing to change their zoning and take advantage of the new C-2 zoning. He referred to the zoning map and pointed out the properties that the city had rezoned to the C-2 zoning district. He explained that the Board would be "putting tools in the tool box" to see if there was any public interest from property owners for mixed use. Mr. Boucher asked the board to think about how to revitalize the United Space Alliance property if something happened to the shuttle program to make the complex viable again. Mr. Russell noted that the building was designed as a shopping complex and spoke briefly about the various planned space programs. Mr. Boucher commented that if the city created an appealing mixed use concept which looked viable to a property owner, they would come to the city and ask for it. He advised that within the next five to ten years there would be transition in the area. He noted that the Port was going to continue to grow, there was going to be redevelopment, and continued development on this barrier island. Betty Gould, the property owner of Oak Manor Mobile Home Park, commented that mixed use would enhance the city, and she would entertain the idea for her property which was 10 acres. Planning & Zoning Board Meeting Minutes September 12, 2007 Page 5 John Anderson, Chairperson, Business & Cultural Development Board, spoke about the results of the city's 2006 survey. He advised that most citizens wanted more retail, doctors, restaurants, and dry cleaners. He further advised that the Board recommended that mixed use be introduced into the community. Following discussion, the Board members agreed that they should have discussion at their first meeting in October to look at other cities mixed use codes. Todd Peetz advised that he would develop a matrix of basic elements from other cities mixed use codes to assist the Board. There being no further business the meeting was adjourned at 9:37 p.m. 72ree Bea - .irperso l Susan L. C a• . , Secretary i / - 0 1 1 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS cASTT I AME—FIRST NAME--MIDDLE NAME T OF BOARD,COUNcIL.COMMISSION,AUTHORITY,OR COMMITTEE ,.J o k Cf.✓h $ o--u. fl/1."L J.- i/1 C/ e yvi oa.1' P/as r"it r,..J J c..) � J I / r ,� MAILING THE BOARD,COUNCIL,COMMISSION.AUTHORITY OR COMMITTEE ON 4 3/0 il do, 0-i S 1 e WHICH I SERVE IS A UNIT OF: *ITV 0 COUNTY 0 OTHER LOCAL AGENCY COUNTY NAME OF POLITICAL SUBDIVISION:vZ p G 01 a V e T h / ( e /cr r d DATE ON WHICH VOTE OCCURRED C C °'V MY POSITION IS: Cl ELECTIVE *APPOINTIVE 4 g 1 WHO MUST FILE FORM 8B 1 A This form is for use by any person serving at the county,city,or other local level of government 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. i 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. 1 1 INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES I 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- -ire which inures to the special gain or loss 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 loss of a relative;or to the special private gain or loss 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, 1 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 1 enterprise with the officer as a partner,joint venturer,coowner of property,or corporate shareholder(where the shares of the corporation I are not listed on any national or regional stock exchange). ELECTED OFFICERS: t 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. : • ♦ . . ♦ * • • • • • r 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. 'F 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 0 0 IAPPOINTED 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 rtici ti Pa Pa ng. • 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. 5 , DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, o S o,,1 ,hereby disclose that on ✓9 4_ 2 a ,20 7 (a)A measure came or will come before my agency which(check one) inured to my special private gain or loss; — inured to the special gain or loss of my business associate, f _ I inured to e special gain or loss of my relative, tie inured to the special gain or loss of by 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: c,' -(7 C(),..t z: ( D `A,7 ( Rep ( t,4- Ia✓A, c._ A 0,,..>„4 e /' Lc 1p 0 12 c'•/- .1y el /i .-- /0 -7 Date Filed S• ature 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 i I i