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HomeMy WebLinkAboutMinutes 01-10-2007 PLANNING & ZONING BOARD MEETING MINUTES JANUARY 10, 2007 A Regular Meeting of the Planning & Zoning Board was held on January 10, 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 OTHERS PRESENT Robert Hoog Mayor Pro Tern Shannon Roberts Council Member Todd Morley Building Official Kate Latorre Assistant City Attorney Todd Peetz City Planner Susan Chapman Secretary All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS 1. Approval of Meeting Minutes: November 29th and December 13, 2006. Motion by Harry Pearson, seconded by Bea McNeely, to approve the meeting minutes of November 29, 2006. Vote on the motion carried unanimously. Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes of December 13, 2006. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Proposed Ordinance No. 18-2006, Defining Liquefied Petroleum Gas; Repealing the Definition of Fire District; and Establishing Maximum Gallons of Storage in All Zoning Districts. Chairperson McNeely advised that the purpose of the discussion is the result of many long discussions on Coastal Fuels and their proposed expansion of their liquid petroleum facility. f Planning & Zoning Board Meeting Minutes January 10, 2007 Page 2 Bea McNeely, Chairperson, explained that once the definition of liquefied petroleum was made known, a clear distinction between liquid and liquefied petroleum was made, it became evident that liquefied petroleum is being used and stored throughout the City. The Building Official and the Fire Chief have made presentations about the use, size, location, distance, and regulations. There seemed to be consensus that something should be done, but no direction was given; however, she commented that the use and storage should continue to occur with limitations. She noted that direction was given to staff to prepare an ordinance that provides for limitation of liquefied petroleum products. Todd Peetz, City Planner, advised that the draft ordinance addresses several comments that were discussed over the past several months. Kate Latorre, Assistant City Attorney, gave an overview of the draft ordinance. David Sargeant, Fire Chief, advised that liquefied petroleum gas (LPG) is highly regulated by the State and the City. He advised that the code is so strict that BBQ grills are not allowed on any balcony of a condominium. He requested that the Board consider differentiating between utility uses and distribution uses. He gave examples of existing businesses that distribute LPG and how they differ from those that utilize LPG as a utility. He commented that limiting the storage capacities for businesses which use LPG as a "utility" would cause more frequent LPG deliveries to these businesses which, in turn, would increase the number of trucks running up and down the street carrying LPG. He stated that this increased traffic is more dangerous than a buried tank. He asked that the City not limit propane being used as a utility. He explained that propane tank sizes are determined by the individual uses. He noted that the regulatory codes will not allow tanks in a dangerous area. He advised that there currently are two 1,000 gallon, above-ground distribution tanks in the City, and in the C-1 zoning district. He further advised that NFPA 58 already regulates everything in the proposed ordinance. He suggested that the City may consider limiting distribution/resale in the M-1 Zoning district to 1,000 gallons. He advised that the City already references the fire code which contains a very lengthy section that deals with LPG. The code would never allow any size tank, to pose undue risks to the public. He stated that the citizens are looking for an additional regulation that would limit the storage of LPG for large distribution. Planning & Zoning Board Meeting Minutes January 10, 2007 Page 3 The majority of what the City has is used strictly for utility purposes. He commented that the citizens are asking for a code that would prevent a LPG tank farm. He suggested that the solution to the issue was to leave everything to the code with one exception, which was to write an ordinance that simply states that no LPG tank or combination of tanks, that are used for distribution, shall exceed 1,000 gallons; and leave the LPG that is used for residential utilities and commercial utilities to the code that already exists. He commented that it is better and safer to have a properly sized and installed tank, than to have a truck running up and down the road every day to refill an undersized tank. Discussion followed. Following discussion, by unanimous consensus of the Board members, the Board directed that City Attorney to revise the draft ordinance; and the Secretary schedule this agenda item for the next meeting, if the draft is ready. 3. Recommendation to the Board of Adjustment Re: Special Exception Request No. 07-01 to Allow Package Sales of Alcoholic Beverages in the C-1 Zoning District, 6870 N. Atlantic Avenue, Section 23, Township 24 South, Range 37 East, Lots 1-3 and 10-12, Block 73, Avon by the Sea, (Yogi's Food and Beverage, Inc.) - Yogi Patel, Petitioner. Todd Peetz, City Planner, advised that the applicant was Walter Bowman, representing Yogi's. He advised that they have requested a special exception to sell packaged liquor to be consumed off-premise. He noted that the proposed special exception request was consistent with the measurement criteria, and that area was not within 300 hundred feet of any school, playground or church. Yogi Patel testified that he planned only to apply this request to the middle section of his building. He advised that his convenience store sells only beer and wine for take-out; Tip-a-Few Tavern is a restaurant that serves beer and wine for on- premise consumption; this request was for a package beverage store for off- premise consumption. It was noted that the address on the agenda, and the legal notice of public hearing (6850 N. Atlantic Avenue) was incorrect. It was clarified that the correct address was (6870 N. Atlantic Avenue), and this Special Exception Request would only apply to that address. Brief discussion followed. Motion by Lamar Russell, seconded by Donald Dunn, to recommend approval of Special Exception Request No. 07-01, (6870 N. Atlantic Avenue), to the Board of Adjustment. Vote on the motion carried unanimously. I Planning & Zoning Board Meeting Minutes January 10, 2007 Page 4 4. Recommendation to the Board of Adjustment Re: Request No. 07-02 to Allow a Change of Use (Used in Conjunction with a Non-conforminq Structure and Premises) in the C-1 Zoning District, 8200 N. Atlantic Avenue, Section 23, Township 24 South, Range 37 East, Avon by the Sea, South 25 Feet of Lots 1, 2, 3 and 9-11, Block 1, Avon by the Sea, (Beach Auto Repair, LLC) - Vincent Keenan, Petitioner. Todd Peetz, City Planner, advised that the applicant was Vincent Keenan, representing Beach Auto Repair. He advised that they have requested permission to complete their existing non-conforming use that had begun but had not been completed. He noted that the change of use is from the current outside storage to being an enclosed use for auto repairs; the project is located on N. Atlantic Avenue; and adjacent to newly constructed residential uses. He explained that by enclosing the third bay area, the building would function better, reduce noise, and be more attractive to the community. Mr. Peetz, City Planner, further explained that according to the submitted survey, the existing building does not meet the special setback of 50 feet from N. Atlantic Avenue, as required by Section 110-536 of the Land Development Code; the survey delineates the front of the building as being 41.46 ft. from the property line; According to Section 110-337, Minimum setbacks, the property must have a side setback of 25 feet when abutting a residential district; the property to the north of the subject site has a special exception for a residential use in the C-1 zoning District; the north side of the incomplete bay is only 6.62 feet from the north property boundary abutting the residential use; the current use of the site would normally require a special exception, as permitted by Section 110-334; however, this is a non-conforming use; the current structure was constructed in 1957; the proposed enclosure of the bay would create a more compatible use with the existing residential development adjacent to and north of the subject site; these improvements have the potential to reduce the negative visual impact, as well as, noise due to auto repair practices on site. Vincent Keenan, Petitioner, testified that the two bay auto service center was built in 1957; it has been operating as an auto repair facility in the C-1 Zoning district continuously for the last 48 years; in the mid 1970's, the owners of the property started to build a third bay; because of a slow down in business, they did not finish the work and only completed the footprint and the walls to six ft. high; from that time, it has been used as a courtyard with a gate; now he would like to finish the three walls to the proper height of the rest of the building, and continue the roof and enclose with a door. Mr. Keenan advised that this will make the building look completed, be much more functional, and more attractive for the community. CO Planning & Zoning Board Meeting Minutes 1 January 10, 2007 Page 5 The Board members reviewed photos of the existing building, and a color rendering of the proposed improvements, entered as exhibits. Discussion followed. David Feller, Business Owner, clarified that they are not asking to expand the use, they are asking for approval of what was started in 1972. He advised that inoperable vehicles are only stored for 15 days then they are towed away; and the proposed third bay will be used for tools and machine storage. Bea McNeely, Chairperson, verified that the addition would need to meet the current building code. Members of the audience had the following comments: enclosing the building will be a significant aesthetic improvement; storm-water runoff should be a consideration; this business benefits the City, and will be an improvement; the City wants to encourage businesses like this one; this will be a definite improvement; Beach Auto Repair is an honest business; there has never been a noise or parking complaint; the business is only open during regular business hours; and let the little businesses survive. James Morgan, former City Building Official, advised that he was the Building Official at the time that certain stormwater, drainage, and retention features were enhanced, and the property exceeds the requirement for stormwater retention. Kate Latorre, Assistant City Attorney, advised that her opinion regarding the change of use for this request was written prior to the new City ordinance. The Board members reviewed Section 110-95 of the Code of Ordinances regarding change of use. Discussion followed. Following discussion, the Board agreed to the following Findings of Fact: • While the City's code prohibits increase of non-conforming uses, Section 110-195 (8) allows for property owners to seek approval from the Board of Adjustment for a "change of use" from one non-conforming use to another non-conforming use which is equally or more restrictive, less intensive, and more compatible with the surrounding use. F E Planning & Zoning Board Meeting Minutes January 10, 2007 Page 6 • This application meets the criteria in Ordinance No. 17-06, as the enclosure would: 1) Create less noise; 2) Create better aesthetic benefit to surrounding use than the previous use; 3) Be compatible with the existing and future use of the area; and 4) Create less of a visual impact than the present non- conforming use. Motion by John Fredrickson, seconded by Harry Pearson, to recommend approval of Request No. 07-02 to allow a change of use to the Board of Adjustment. Discussion followed. Vote on the motion carried unanimously. Chairperson McNeely called for a recess at 9:20 p.m. The meeting reconvened at 9:25 p.m. 5. Recommendation to the Board of Adjustment Re: Special Exception Request No. 07-03 to Allow a Vehicle Rental Facility in the C-1 Zoning District, 7510 N. Atlantic Avenue, Section 23, Township 24 South, Ranqe 37 East, Avon by the Sea - David Kabboord, Petitioner. Todd Peetz, City Planner, gave an overview of the request. He advised that the request meets all distance requirements for similar type uses; and the property should have a Unity of Title Agreement. David Kabboord, Petitioner, testified that he purchased the property in 1992; the previous granted special exception for the same requested use was expired; the vehicles would be exiting on Tyler Avenue; and he did not know how many vehicles would be parked at any one time. Discussion followed regarding restricting the number of vehicles. Planning & Zoning Board Meeting Minutes January 10, 2007 Page 7 Shannon Roberts, citizen, advised that the Business and Cultural Development Board suggested that that the City not allow any more of this type of business. She voiced her concerns regarding bringing additional traffic onto Polk Avenue, which already has a heavy traffic volume. She advised that the City is trying to work with the Port to take on more vehicle rental facilities. She requested that the City be pro-active in strategic planning by encouraging desirable type businesses. She voiced her concern regarding compatibility of this proposed use with surrounding uses. Discussion followed. Following discussion, the Board requested that the Petitioner provide them a parking plan showing the parking spaces. David Kabboord advised that he would have the plan ready for the next meeting agenda. Motion by Donald Dunn, seconded by Lamar Russell to postpone Request No. 07-03 until the next scheduled meeting. Vote on the motion carried unanimously. At 10:00 p.m., by unanimous consensus of the Board members the meeting time was extended to no later than 10:30 p.m. 6. Recommendation to the Board of Adjustment Re: Special Exception Request No. 07-04 to Allow Sales of Convenience Goods (Ice/Water) at an Existing Automotive Service Station in the C-1 Zoning District, 8101 Astronaut Boulevard, Section 23, Township 24 South, Range 37 East, Parcel 255.0 (Citqo Gas Station) - Jay Jasperson, Petitioner. Todd Peetz, City Planner, gave an overview of the request, stating that it was consistent with the code but, that a special exception is required because this is an additional use to a service station. Chairperson McNeely advised that the project has received approval from the Community Appearance Board. Jay Jasperson, Petitioner, testified that this was a pre-manufactured building which vends ice to walk-up customers; he works with the local emergency services throughout the County; and the ice is made in the automated building. Brief discussion followed. Motion by Donald Dunn, seconded by Lamar Russell, to recommend approval of Special Exception Request No. 07-04 to the Board of Adjustment. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes January 10, 2007 Page 8 OPEN DISCUSSION James Morgan asked the Board to consider an add-on item for a final replat of Sea Shell Cay, located at the corner of Harbor Heights. By consensus, the Board members unanimously agreed to add a recommendation of the final replat for Sea Shell Cay to the agenda. Recommendation to the City Council Re: Final Replat of Sea Shell Cay Townhomes, Replat of Lot 1, Harbor Heights West Subdivision, Section 14, Township 24 South, Ranqe 37 East - James Morgan, Applicant. James Morgan, Applicant, advised that the City Engineer had required an Opinion of Title which is not required for a final plat. Todd Morley, Building Official, read the City Engineering firm's policy change. Mr. Morley clarified that an Opinion of Title is not required by the City code. Mr. Morgan advised that he would provide a title commitment or property deed prior to City Council approval. Todd Peetz, City Planner, gave an overview of the project. He advised that all staff comments were satisfactorily addressed. The Board members reviewed the final replat. Motion by John Fredrickson, seconded by Lamar Russell to recommend approval of the Final Replat of Sea Shell Cay to the City Council. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 10:27 p.m. rg-14)7Ze YZ€W17 Bea M ► _- ; C irperson Susan L. Chapman, Secretary