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Home My WebLink AboutPD 2013-01 P& Z Recommendation, A.V. recording notes, Records Request from Attny. Kim Rezanka.pdfz 10: Uity of Cape Canaveral Community & Economic Development Department t5arry nrown, rianning S-, Zoning Director G, From: Susan L. Chapman, Secretary, Planning & Zoning Board Through: Lamar Russell, Chairperson, Planning & Zoning Board Re: Recommendation to City Council - Planned Development No. PD 2013-01 to Allow for a Helicopter Tour Business on Vacant Parcel 804.0 - Mark Grainger, Authorized Agent for Sheldon Cove, LLLP, Property Owner. ------------------------------------------------------------------------------------------------------------------------------ The PD request was originally presented to the Planning & Zoning Board on February 27, 2013. The Board unanimously agreed to a continuance in order to obtain additional infonnation. On June 12, 2013, the Planning and Zoning Board continued its consideration for recommendation of the PD request. The Board unanimously recommended (6-0) that the PD application be forwarded to the City Council without a fon-nal recommendation of the Board. The six Board members present at the time the vote was taken were tied on whether or not to recommend approval of the application to City Council. A motion was made and seconded to recommend approval of the application; however, the vote on that motion was 3-3. Thus, that motion failed. Under the circumstances, and because the application had already been considered during two separate public hearings over the course of several hours, the Planning & Zoning Board agreed to forward the matter to the City Council. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 ww—wcitYQJI�cl e-mail: Barry Brown From: Kate Latone «Natone@odandolaw.net> Sent: Friday, June 14,2DI3lliNAK4 To: Susan Chapman Cc: Todd Morley; Barry Brown Subject: P&Z Heliport Recommendation Susan, please find my recommended language below on the result of the P&Z meeting on June 12. The Planning & Zoning Board unanimously recommended (6-0)thatthe PD application be forwarded tmthe City Council without oformal recommendation of the Board. The six members of thePlanning& Zoning Board present at the time the vote was taken were tied onwhether ornot torecommend approval ofthe application tnthe City Council. 4nnobon was made and seconded to recommend approval of the application; however, the vote on that motion was 3-3. Thus, that motion failed. Under the circumstances, and because the application had already been considered during two separate public hearings over the course ofseveral hours, the Planning '& Zoning Board agreed 6oforward the matter to the City Council. Please let me know if you have any questions. Katherine W.Latorre^Esq. Board Certified inCity, County & Local Government Law 111N.Orange Avenue, Suite 2UOQ P.O.Box 2873 Orlando, Florida ]2QO2-2873 Phone (4O7)425-95GG Fax(4K)7)425-9596 Kissimmee (321)4O2-Ol44 Coco (866)425-95f6 Website: --- Email: Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site adall) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time -sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, orthe employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in ernzr, please immediately return ittothe sender and delete iifrom your system. Thank you. Susan Chapman From: Barry Brown Sent Tuesday, June 25,2Ol3&S0AK4 To: Susan Chapman Subject: RW: Mark Grainger From: David Greene Sent: Monday, June 24, 2013 12:33 PM To: Todd Morley; Barry Brown Cc: 0m McIntire; AOgelaApPerson Subject: RE: Mark Grainger All, I spoke to Mark. I advised him that I thought the chances for approval are slim to none with respect to any Cape Canaveral location. I believe that he will contact each City Council Member to further discuss. I also advised him that if he wishes to withdraw his Application, an email would be sufficient. David David [Greene City Manager City ofCape Canaveral P.O. Bon 920 Cape Canaveral, FI. 32020 Office Phone: 371-868-1230 Office Fax: 321-868-1224 From: Todd Morley Sent: Monday, June 24, 2013 11:39 AM To: David Greene; Barry Brown Cc: Kim McIntire Subject: RE: Mark Grainger David, Ihave not. Barry is out sick today. Mayor Ilaodclmcalled afew n000ueutaago. He told nnothat hc spoke with Mr. Grainger and was wanting to ayouk with you about it. He said he told Mr. Grainger that the fit ino`1rigbL Todd Todd Morley 0 Community & Economic Development Director City u[Cape Canaveral 75]0N. Atlantic Ave. P.O. Box 326Cape Canaveral, FL32g20 (321)868 ]222zl4 (321)868-1247({ax) ^If it h�/obe, it isupbrInc � From: David Greene Sent: Monday, June 24, 2013 11:20 AM To: Barry Brown; Todd Morley Cc: Kim McIntire Subject: FW: Mark Grainger Guys FYI. Have we spoken with Mr. Grainger today? David LGreene City Manager City of Cape Canaveral P.().Box 376 Cape Canaveral, FI. 32920 Office Phone: 32I-868-1230 Office Fax: 371-808-1224 From: Kim McIntire Sent Mondmy, June 24,2U13 11:03 AM To: David Greene Subject: Mark Grainger Just retrieved a voice message from the Mayor; he spent quite a bit of time on the phone with Mark this morning and "impressed tohim that heisnot coming into the City" The Mayor has requested that you call Mark at392-412Z,to schedule anappointment for him tomeet with you and anyone you wish. Should you need additional information, the Mayor isathome (784'5694). XiVl�Al. �AkJ)lt/r8 Administrative Professional Office ufthe City Manager City o[Cape Canaveral N Susan Chapman From: Kate Latone <Wotone@odando|uw.net> Sent: Friday, June 14,JOI3II:04AK4 To: Susan Chapman Cc: Todd Morley; Barry Brown Subject: P&Z Heliport Recommendation Susan, please find my recommended language below on the result of the P&Z meeting on June 12. The Planning & Zoning Board unanimously recommended (6-0) that the PD application be forwarded tmthe City Council without o/brmo/recommendation ofthe Board. The six members ofthe Planning 6&Zoning Board present otthe time the vote was taken were tied onwhether ornot torecommend approval ofthe application tnthe City Council. Annotion was made and seconded to recommend approval of the application; however, the vote onthat motion was 3-I Thus, that motion foiled. Under the circumstances, and because the application hod already been considered during two separate public hearings over the course mfseveral hours, the Planning & Zoning Board agreed toforward the matter to the City Council. Please let me know if you have any questions. Katherine W.Latorre/Esq. Board Certified inCity, County & Local Government Law Ill N.Orange Avenue, Suite 2OOO P.O.Box Z873 Orlando, Florida 328O2-2873 Phone (4O7)425 -95G6 Fax (4O7)425-9596 Kissimmee(321)4O2-0144 Cocoa (86G)4ZS-9S6G Website: Email: klatorreCcDorlandolaw, net Any incoming e-mail reply to this communication will beelectronically filtered for "spam" and/or "vimses."That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time -sensitive by means other than e-mail. Conf|dentio|ityNote:Thise-moi|.ondanyuttaohmen(toit'oontainaprivi|egedandoonfidentia|informodon intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended rmoipient, or the employee or agent responsible for delivering i(iothe intended recipient, you aro hereby notified that reading it is strictly prohibited. If you have received this e-mail in nrror, please immediately return it to the sender and delete itfrom your system. Thank you. 6:59:52 PM — — Start Recording 7:01:05 PM 7:01:13 PM - R. russell — explained how the meeting will proceed and have people who did not speak last time come up first to speak 7:02:04 PM — b.brown — started with staff report 7:19:07 PM — Board Questions 7:19:39 PM — r.friedman — read his prepared comments and questions 7:28:57 PM — Dr. John — question re Dev. Committee who are they and what is their background? Any citizens on that committee? 7:29:59 PM — B. Brown — responded to comments and questions of Board and requested applicant come up to the podium 7:31:11 PM — M. Granger addressed the audience — and presented a PPoint 7:59:07 PM — k.rezanka requested to cross examine — k. latorre advised the board this was this appropriate forum 8:00:15 PM — the cross examining of m. granger proceeded 8:02:59 PM — cross examining ended 8:03:14 PM - 5min break 8:09:34 PM — r.russel called the meeting back to order 8:10:04 PM — k. rezanka made a presentation to the Board 8:19:04 PM — I. russell requested going to pg 10 - for the sake of the audience, Ms. Rezanka pointed out issues on pages 4, 5, 6, 7, 8, 9 & 10 and then spoke about the City Code and the Planned Development guidelines 8:32:14 PM — I.russell advised Ms. Rezanka she has 10 more minutes 8:32:42 PM — Ms. Rezanka continued her presentation — and addressed the Staff Report and the Planned Development Worksheet contained in the Agenda Packet and asked the board to deny the request 8:37:13 PM — Mr. Craig Kittelson approached the podium — and submitted questions to ask the Board for the record; Mr. Russel requested Mr. Kittelson's qualifications; Mr. Kittelson made presentation 8:50:26 PM — cross-examining with M. Granger and C. Kittleson 8:51:41 PM — Mr. Kittleson continued making his pres to Board 8:54:48 PM 8:54:59 PM — — Stop Recording 9:01:07 PM — — Start Recording 9:01:20 PM — Mr. Russell started the audience comments portion 9:38:12 PM — the audience comments ended 9:38:54 PM — Board comments and vote 9:39:53 PM — KL - point of order to ask the applicant if there is anything he wanted to address 9:40:17 PM — M. Granger addressed the Board and audience — answered questions from audience 9:42:42 PM — back to Board comments 9:49:47 PM — collins made motion to vote to approve the 9:50:45 PM — Pearson 2nd Motion 9:51:16 PM — Motion failed due to tie vote 9:52:03 PM — KL advised that the motion could be sent to CC as a tie vote or make anothe 9:53:01 PM — BC made motion to send forward as tie vote 9:53:14 PM — pearson made 2nd — Motion passed 9:54:23 PM — adjourned 9:54:42 PM 9:54:46 PM — — Stop Recording