HomeMy WebLinkAboutMinutes 05-25-20051
LOCAL PLANNING AGENCY
MEETING MINUTES
MAY 25, 2005
A Local Planning Agency Meeting was held on May 25, 2005, at the City Hall Annex,
1 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the
meeting to order at 7:30 p.m. The Secretary called the roll.
MEMBERS PRESENT
Bea McNeely Chairperson
Leo Nicholas Vice Chairperson
Lamar Russell
1 John Fredrickson
Donald Dunn 1st Alternate
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MEMBERS ABSENT
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Alice Filteau
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OTHERS PRESENT
Susan Chapman Board Secretary
t Todd Peetz City Planner
3 Anthony Garganese City Attorney
Robert Hoog Mayor Pro Tern
Bennett Boucher City Manager
Todd Morley Building Official
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Chairperson McNeely outlined the rules of the meeting. She announced that the
Planning & Zoning Board would meet immediately following this meeting.
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1 NEW BUSINESS:
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1. Recommendation to City Council: Proposed Ordinance No 07-2005 for
Transmittal to the Department of Community Affairs of a Large Scale
Comprehensive Plan Amendment LS-CPA-05-01, Providing for Adoption of the
1 Future Land Use Map by Designating Certain Real Property Within the City,
Containing 5.38 Gross Acres More or Less, and Located Generally Along N.
Atlantic Avenue South of Cape Shores Drive and North of Holman Road, from C-
1 to R-2 and R-3 - Roger D. Combs, Designated Agent for Banana River L.P.
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Todd Peetz, City Planner, explained the request. He described the surrounding zoning
and uses; density; and traffic generation. He requested that the Board consider all 361
ft. of property depth to avoid leaving a small strip of commercial.
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I Steve Porter, principal owner of the Corporation, noted that this was a family
redevelopment project. He advised that they planned to preserve as many trees as
possible. He noted that the project would enhance the community. The Board and
jaudience reviewed architectural renderings of the proposed project. Mr. Porter
1 explained that two-story buildings were proposed along A1A and five-story buildings
along Holman Road.
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Ralph Shepard, resident of Cape Shores questioned the setbacks from Holman Road
and requested that Cape Shores Drive not be used for construction equipment. Lorraine
Stick, resident of Cape Shores voiced her concern regarding construction traffic. Mr.
Russell advised that the developer would need permission from Cape Shores to use
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Local Planning Agenc.
Meeting Minutes
May 25, 2005
Page 2
Gail Gaul, resident of 209 Holman Road, opposed the request because a five-story
building was proposed to be constructed just 15 ft. from her property, which would
deprive her of privacy and depreciate her property value. Mary Jane Freeland, a land
planner and expert witness for Ms. Gaul, advised that the concern is solely about
building height from 25 ft. to 45 ft.. She advised that Ms. Gaul's property is located in the
R-1 zoning district, and is located only 15 ft. from a proposed five-story building. She
noted that a single family residence is not compatible with a five-story building. She
requested that the southern portion of the proposed project be rezoned to R-2 because
there is a transitional land use.
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John Porter, resident of 215 Holman Road and family member of the proposed project,
advised that the height limit for commercial (C-1) is 45 ft. He explained that when Ms.
Gaul purchased her property it was zoned R-3 and she built a single family residence.
Mr. Porter advised that he and his family have always envisioned developing this
property. He built his single family home to buffer between Holman Road and this
project. He advised that he will install intensive landscaping to buffer this project. Ms.
Freeland advised that it was impossible to buffer a 45 ft. building that is located within 15
ft. of another property.
Anthony Garganese, City Attorney, explained that the issue was whether this requested
land use designation was appropriate and compatible with surrounding properties. He
pointed out that the property could be developed commercial (C-1), with a height limit of
45 ft. He advised that there is no question that compatibility will be an issue. Discussion
was held regarding buffering, zoning, existing commercial uses, and compatibility. Mr.
Russell advised that compatibility would be considered during the site plan review
process.
Mr. Dunn questioned if the developer would consider changing the entire property from
C-1 to R-2. Roger Combs, Project Coordinator, responded that they looked at and
evaluated that question, but concluded that it would not be cost effective to build all R-2.
Motion by Lamar Russell, seconded by Bea McNeely to recommend approval to transmit
proposed Comprehensive Plan Amendment LS-CPA-05-01, (195 ft.)from A1A, C-1 to R-
2; and the remaining portion (166 ft.) be designated from C-1 to R-3. Vote on the motion
carried by a 3 to 2 vote with members voting as follows: Donald Dunn, against; John
Fredrickson, against; Bea McNeely, for; Leo Nicholas, for; and Lamar Russell, for.
Chairperson McNeely called for a five minute recess. The Meeting reconvened at 8:55
p.m.
2. Recommendation to City Council: Proposed Ordinance No. 08-2005 for
Transmittal to the Department of Community Affairs of a Large Scale
Comprehensive Plan Amendment LS-CPA-05-02, Providing for Adoption of the
Future Land Use Map by Designating Certain Real Property Within the City,
Containing 7.58 Gross Acres More or Less, and Located Generally Southeast of
Thurm Boulevard, from R-3 to C-1 - Rochelle Lawandales, Designated Agent for
Mermaid Key LLC.
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Local Planning Agenc.
Meeting Minutes
May 25, 2005
Page 3
3. Recommendation to City Council: Proposed Ordinance No 09-2005 for
Transmittal to the Department of Community Affairs of Large Scale
Comprehensive Plan Text Amendments, Amending the Future Land Use
Element, Obiectives LU-3 and LU-8 - Policies, to Allow for Mixed-Use
Development - Rochelle Lawandales, Designated Agent for Mermaid Key LLC;
and the City of Cape Canaveral.
Tim Pickles, Attorney for the Applicant, requested that the agenda items be changed.
He requested that agenda item 3 be considered before item 2 so that the mixed use
development policies and objectives could be debated first. Discussion followed.
Motion by Lamar Russell, seconded by Leo Nicholas to postpone items 2 and 3 until
June 8, 2005 at 7:30 p.m. Vote on the motion carried unanimously.
Attorney Pickles inquired if there was anything specific that would make it easier for the
Board. He explained that he requested that the text amendments be considered first
because if the City does not want mixed use then they would not need a comprehensive
land use amendment to develop R-3.
4. Recommendation to City Council: Proposed Ordinance No. 10-2005 for
Transmittal to the Department of Community Affairs of a Large Scale
Comprehensive Plan Text Amendment, Relevant to the Coastal Management
Element, Obiective CM-4 to Require Florida Department of Environmental
Protection Approval for New Development East of the Coastal Construction
Control Line - City of Cape Canaveral, Applicant.
Todd Peetz, City Planner advised that many of the pre-existing developments are
located east of the coastal construction control line. The Board members reviewed the
proposed ordinance. City Attorney, Anthony Garganese, gave an overview of the
proposed changes. Discussion followed.
Motion by Bea McNeely, seconded by Donald Dunn to recommend approval of proposed
Ordinance No. 10-2005, with changes as discussed. Vote on the motion carried
unanimously.
There being no further business for the Board to consider the meeting was adjourned at
9:30 p.m.
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McNeely, Chairperson
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Susan L. Chapman, Bo.rd Secretary