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HomeMy WebLinkAboutMinutes 01-24-2007 PLANNING & ZONING BOARD MEETING MINUTES JANUARY 24, 2007 A Regular Meeting of the Planning & Zoning Board was held on January 24, 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 John Fredrickson Donald Dunn Harry Pearson MEMBERS ABSENT Lamar Russell Vice Chairperson John Johanson 1st Alternate OTHERS PRESENT Shannon Roberts Council Member 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: January 10, 2007. Motion by John Fredrickson, seconded by Donald Dunn, to approve the meeting minutes of January 10, 2007. Vote on the motion carried unanimously. 2. Recommendation to the City Council Re: Interview Prospective 2nd Alternate - Ronald Friedman. Ronald Friedman advised that he has been a resident for over one year; he is President of the Condominium Association where he resides; he is a retired civil engineer; he was previously the consulting engineer in two towns; he does not foresee the City turning into a tourist town with a lot of rentals, he envisioned improvement in the City's infrastructure, and to be a place where people will want to raise their families. Discussion followed. Planning & Zoning Board Meeting Minutes January 24, 2007 Page 2 Mr. Friedman verified that all the information was correct on the application; he was familiar with Roberts Rules of Order; he agreed to be an active member; and to attend the meetings even though he will be an alternate. Motion by John Fredrickson, seconded by Harry Pearson, to recommend to City Council that Ronald Friedman be appointed to the Board as the 2nd Alternate. Vote on the motion carried unanimously. 3. 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, Range 37 East, Avon by the Sea Subdivision - David Kabboord, Petitioner. (Postponed at the last meeting) Todd Peetz, City Planner, gave an overview of the special exception request. He advised that the Petitioner has submitted a parking plan layout, as requested by the Board at the previous meeting. He noted that the plan indicated (32) regular parking spaces, and (1) handicap space. The Board members reviewed staff comments and noted that the fire department requested that the existing low branches on the site be trimmed back and maintained. The Board members reviewed each item on the special exception checklist. Todd Peetz, City Planner, noted that the property was surrounded on three sides by commercial uses and residential across A1A; the property was approximately 150 ft. away from any residential; and there are no additional buffering/screening requirements. David Kabboord, Petitioner, testified that there will be a washing and vacuuming area; he does not have reclaimed water; cleaning solvents and water will discharge into the existing stormwater retention on-site; and he had no plans for a dumpster. Discussion followed. Chairperson McNeely requested certain items be placed on the site plan. Kate Latorre, Assistant City Attorney, advised that it was unreasonable to place the items on the site plan because this was not a site plan request. Discussion followed regarding recommending certain conditions of approval. Planning & Zoning Board Meeting Minutes January 24, 2007 Page 3 Various citizens voiced concerns regarding: solvents and dirty water being drained into the river; an additional vehicle rental facility in the City; residents benefiting from this type of business; the proposed use being inconsistent with the City's Business and Cultural Development Board's survey; implications of additional traffic; and business owners to the east currently park their vehicles on this property parking lot finding another place to park. Chairperson McNeely read two letters into the record from concerned citizens for consideration regarding this request. David Kabboord, Petitioner, rebutted the comments. He stated that the City code allows this type of use and suggested that the City should change the code if they do not desire any more of these types of businesses; the business owners to the east parking on his property can park at City Hall; and he agreed to comply with the City's requirements for water runoff from the vehicle washing area. Following discussion, the Board agreed to recommend approval of the special exception with the following conditions: 1. Vehicle repairs are prohibited. 2. Vehicle sales are prohibited. 3. No excess accumulation of trash and adequate trash collection. 4. Vehicle parking shall be limited to 33 vehicles, which includes employee parking. 5. Maintain (32) regular parking spaces and (1) handicap parking space. 6. Vehicle washing and water runoff shall be contained on-site, recycled, and treated. 7. Trees shall be cut back and maintained to a minimum of 13 ft. 6 in. of vertical clearance. 8. The street address shall be corrected. David Kabboord, Petitioner, agreed to the recommended conditions. He advised that the property will be leased to Enterprise Leasing. Planning & Zoning Board Meeting Minutes January 24, 2007 Page 4 Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of Special Exception Request No. 07-03, with the stated conditions. Discussion followed. Vote on the motion carried unanimously. 4. Recommendation to the Board of Adjustment Re: Time Extension Request for Granted Special Exception No. 05-14 to Allow Residential Use in the C-1 Zoning District, Section 14, Township 24 South, Range 37 East, Part of Lots A & B, also known as 24-37-14-28.00000.0000A.10, A.25, A.26, and A.27 - Teutons Subdivision - (Oak Lane) - Craig and Mary Stewart, Petitioners. Todd Peetz, City Planner, advised that this request was for consideration of a time extension of 12 months for Special Exception Request No. 05-14, to allow residential in the C-1 zoning district. He explained that the applicant received a special exception on January 23, 2006, and is requesting an extension, pursuant to City Code Section 110-32. Craig Stewart, Petitioner, explained that he has not been able to develop the property because his family plans have changed. He further explained that the City planned to pave the dirt road last year, however, it was not done and according to the City's Public Works Director the road will be paved in 2007. He advised that if this special exception expires he will come back and request that the City rezone the property to residential. He noted that the entire east side of N. Atlantic Avenue is residential in the C-1 zoning district. The Board members reviewed Section 110-32. Brief discussion followed. Motion by John Fredrickson, seconded Harry Pearson, to recommend approval of a 12 month Time Extension Request for Special Exception Request No. 05-14. Vote on the motion carried unanimously. 5. Recommendation to City Council Re: Proposed Ordinance No. 01-2007, Liquefied Petroleum Storage; and Repealing the Definition of Fire District - Kate Latorre, Assistant City Attorney. Kate Latorre, Assistant City Attorney, gave an overview of the latest ordinance draft. After the Board members reviewed the proposed ordinance, by unanimous consensus, the Board members agreed that all the changes had been made as discussed at the previous meeting. Planning & Zoning Board Meeting Minutes January 24, 2007 Page 5 Motion by Donald Dunn, seconded by John Fredrickson, to recommend approval of Proposed Ordinance No. 01-2007 to the City Council. Vote on the motion carried unanimously. Ruth Anders, Chairwoman, Solana Lakes Committee for a Safer and More Beautiful Community, expressed the committee's appreciation for all their efforts to reach this goal on the liquefied petroleum products, and to repeal that special exception. She advised that the committee members have been attending many of the meetings and they especially want to thank Fire Chief, David Sargeant; Building Official, Todd Morley; and Board Member, Lamar Russell for all their outstanding work and everything they did to educate them concerning this matter. Ms. Anders then thanked the Board members on behalf of the committee. 6. Discussion Re: Mixed Land Use - Todd Peetz, City Planner. Todd Peetz, City Planner, advised that the Board had discussed mixed land use for the Comprehensive Plan two to three years ago. The mixed land use district was approved, but not transmitted to the Department of Community Affairs because the applicant withdrew their application. He explained that there is renewed interest in mixed land use districts and based on this interest, the matter is coming back to the City to possibly create a mixed land use district(s). He noted that this issue was not driven by any property owner or developer. He referenced articles and studies contained in the Board packet. Chairperson McNeely commented that the City should develop its own codes and regulations without being developer driven. John Fredrickson spoke against mixed-use. Donald Dunn voiced concerns regarding rentals. He questioned if they would be considered residences or commercial. He further voiced his concerns regarding: time shares, condominiums, homeownership, and other limited partnerships; insurance and how it is shared; cost for maintenance and how it is shared; vacant commercial establishments; noise; police; parking residential and commercial; security; vacant residential; hours of operation; rules for residential and commercial; declaration of restrictions for residential and commercial; and by-laws for residential and commercial. Planning & Zoning Board Meeting Minutes January 24, 2007 Page 6 Shannon Roberts, Council Member, advised that the Business and Cultural Development Board's survey touches on innovative ideas. She advised that the Mayor and City Manager attended a workshop recently in Winter Springs regarding mixed-use. She asked the Board to consider innovative ideas, including walking to parks and shops in a town square type environment. The Board held discussion regarding acreage of the remaining unimproved properties throughout the City where this concept might work. Todd Peetz, City Planner, advised that the City has only 106 acres of vacant land remaining that could be developed for this type of concept. Ray Osborne, citizen, advised that he knows an architect that is very familiar with mixed-use who may be willing to come in and speak to the Board and answer any questions or concerns regarding mixed- use. Discussion followed. Following discussion, Chairperson McNeely asked Todd Peetz to provide the Board with facts of where this concept is successful within a City that is two square miles, with a population of 11,000. The Board also requested direction from City Council. 7. Elections: Chairperson and Vice Chairperson. Donald Dunn nominated Bea McNeely for Chairperson. John Fredrickson seconded the nomination. Vote carried unanimously. Donald Dunn nominated Lamar Russell for Vice Chairperson. John Fredrickson seconded the nomination. Vote carried unanimously. There being no further business, the meeting was adjourned at 9:48 p.m. ?Wrb:t16Bea McNeely, Chairpeison f L Susan L. pman,-Secretary