HomeMy WebLinkAboutMinutes 01-12-2005• PLANNING & ZONING BOARD •
MEETING MINUTES
JANUARY 12, 2005
A Regular Meeting of the Planning & Zoning Board was held on January 12, 2005, at the
City Hall Annex, 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
Leo Nicholas
Lamar Russell
John Fredrickson
Walter Schoenfeld
Alice Filteau
Donald Dunn
OTHERS PRESENT
Susan Chapman
Todd Peetz
Anthony Garganese
Robert Hoog
Todd Morley
Chairperson
Vice Chairperson
1st Alternate
2nd Alternate
Board Secretary
City Planner
City Attorney
Mayor Pro -Tem
Building Official
All persons giving testimony were sworn in by City Attorney Garganese.
NEW BUSINESS:
1. Approval of Meeting Minutes: December 8, 2004
Motion by Mr. Nicholas, seconded by Mr. Russell to approve the meeting minutes of
December 8, 2004. Vote on the motion carried unanimously.
2. Coastal Fuels - (Vapor Combustor) - Revised Site Plan Approval - Craig Smith,
Applicant.
The Board members reviewed the submittal, and comments from City staff. Todd Peetz,
City Planner gave an overview of the request to revise the site plan to replace a vapor
combustor, for safety reasons. It was noted that the street name George King Boulevard
needed to be changed to N. Atlantic Avenue, on the site plan. Discussion was held
regarding the Public Works Director's comment to establish an easement for
landscaping along N. Atlantic Avenue. Craig Smith, Applicant advised that he would
work with the city on this issue.
Craig Smith explained the operation of the vapor combustor. He advised that it would
be located just north of the existing vapor combustor, and it will meet EPA requirements.
He submitted a site plan depicting the overall layout of Coastal Fuels and the proposed
location of the new vapor combustor (Exhibit A). He noted that the existing vapor
combustor would be isolated and serve as a back -up to the upgraded equipment. Jim
Duggan, V.P. of Coastal Fuels engineering department testified that the new equipment
exceeded the requirements of the EPA Clean Air Act. He advised that all the equipment
is tested by the EPA on a regular basis. He agreed to provide the City Engineer with
copies of the FDEP environmental permits or any other regulatory permits required for
this work, as requested in there staff report, dated December 2, 2004. Discussion
followed.
• •
Planning & Zoning Board
Meeting Minutes
January 12, 2005
Page 2
Resident, Evelyn Tentabone questioned the location of this facility. Craig Smith
explained the location. She questioned if there were plans to upgrade N. Atlantic
Avenue. Craig Smith responded that this revision had no impact on traffic.
Discussion was held regarding control and ownership of Shorewood Drive. Craig Smith
advised that Coastal Fuels was not contacted or questioned by Dude Braselton about
access on Shorewood Drive. He advised that Coastal Fuels owns the property which
abuts Mr. Braselton's property and Coastal Fuels owns a portion of Shorewood Drive.
Discussion followed. City Attorney Garganese advised that the City may have recourse
regarding false testimony given by Mr. Braselton. The Board members requested City
staff to provide a verbatim record of the Oak Park site plan proceedings.
Motion by Lamar Russell, seconded by Mr. Nicholas to approve the revised site plan for
Coastal Fuels with the following conditions:
• Exhibit A shall be part of this revised site plan.
• Provide City Engineer with reports from regulatory agencies, as
requested.
• Cooperate with Public Works Director for landscaping improvements
along N. Atlantic Avenue.
Vote on the motion carried unanimously.
3. Recommendation Re: Special Exception Request No. 04 -04 to Allow Outside
Storage of Recreational Vehicles, Trailers, and Trailerable Items in the C -2
Zoning District, (192 Center Street) - Ron Abeles, Petitioner.
Todd Peetz, City Planner gave an overview of the request, and outlined the exhibits
contained within the submittal. He advised that the City staff has concerns regarding
access for emergency vehicles, and parking. Mr. Peetz requested that this item be
postponed until additional information is received from the applicant regarding access,
and parking. Discussion followed.
Ron Abeles, Petitioner testified that he owned the property; all vehicles located on the
property would be operable, licensed, and tagged; it would not be a junk yard; the
property will serve the residents of the City to store recreational vehicles and boats;
there will be no repairs of vehicles, only storage; the property is buffered on all sides,
and zoned C-2; there is ample turning radius on the two acre parcel for emergency
access; there exists three access points on this property. Mr. Abeles explained the
property location from the exhibits, along with surrounding properties. Discussion
followed. Following discussion, the Board requested a total layout of the property,
including existing uses of surrounding properties.
Evelyn Tentabone, owner at Solana on the River, commented that the proposed City
park at the end of Center Street would have no boat ramps; Center Street will be
landscaped; the City should encourage property owners to enhance their properties.
Barbara Kennedy, owner at Solana on the River questioned where the RVs and boats
would access the property. Mr. Abeles responded that the property would be accessed
from Center Street. He noted that there are principal uses allowed in the C -2 zoning
district that would have a much greater traffic impact. Leo Nicholas commented that the
residents of Solana on the River are aware that their property is adjacent to commercial
and industrial areas.
• •
Planning & Zoning Board
Meeting Minutes
January 12, 2005
Page 3
Motion by Mr. Russell, seconded by Mr. Nicholas to postpone this request until the first
meeting in February to allow the applicant time to submit additional information, and to
satisfy City staff concerns regarding parking and access. Vote on the motion carried
unanimously.
4. Ocean Gardens - Wave Four, Section 14, Township 24 South, Range 37 East,
Replat of Lot 49 of Ocean Gardens - Wave Three Subdivision - Final Replat
Approval - James Morgan, Applicant.
Todd Peetz, City Planner gave an overview of the request. He advised that City staff
reviewed the final replat, and recommends approval. The Board members reviewed the
final replat. City Attorney Garganese requested that the applicant amend the Dedication
to include the City of Cape Canaveral, prior to approval by City Council. Brief discussion
followed.
Motion by Chairperson McNeely, seconded by Mr. Russell to recommend approval of
the Final Replat for Ocean Gardens - Wave Four with the condition that the applicant
amend the Dedication to include the City of Cape Canaveral, prior to approval by City
Council. Vote on the motion carried unanimously.
DISCUSSION
1. Discussion Re: Definition of a Structure.
Todd Morley, Building Official explained that there are certain structures that need to be
defined in the Code. He explained the different types of structures; various types of
uses of structures; temporary (casual) or permanent (non- temporary) structures.
Discussion followed. Following discussion, the Board directed the City Attorney to
prepare a draft ordinance for recommendation to City Council.
2. Scooters and Similar Rentals.
Todd Peetz, City Planner read the definitions of a moped, and motorized scooter from
the Florida Statutes, Uniform Traffic Control. Discussion followed. The Board agreed
that a moped, motorized scooters, and motor bikes with or without a seat should be
specifically defined in the Code. The Board further agreed to review the special
exception requirements for exemption of distance and lot size requirements for
establishments that rent and sell these types of vehicles.
OTHER DISCUSSION
Discussion was held regarding lowering the level -of- service standard along N. Atlantic
Avenue.
Discussion was held regarding the procedure for the Board to dispute sworn testimony.
The Board requested a verbatim of the testimony given by Dude Braselton during
consideration of the Oak Park site plan.
Planning & Zoning Board
Meeting Minutes
January 12, 2005
Page 4
The Board members requested City staff to research the Space Port Amoco file for a
granted Special Exception for outside storage. The Board requested that City staff
review the conditions of the Special Exception for the outside storage area across from
the Post Office.
There being no further business for the Board to consider the meeting was adjourned at
10:18 p.m.
Susan L. Chapman, Bo rd Secretary
) }
;Bea McNeely, Chairpers