HomeMy WebLinkAboutMinutes 05-11-2005• PLANNING & ZONING BOARD •
MEETING MINUTES
MAY 11, 2005
A Regular Meeting of the Planning & Zoning Board was held on May 11, 2005, at the
City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea
McNeely called the meeting to order at 7:35 p.m. The Secretary called the roll.
MEMBERS PRESENT
Bea McNeely
Leo Nicholas
Lamar Russell
John Fredrickson
Alice Filteau
Donald Dunn
OTHERS PRESENT
Susan Chapman
Todd Peetz
Anthony Garganese
Chairperson
Vice Chairperson
1st Alternate
Board Secretary
City Planner
City Attorney
All persons giving testimony were sworn in by City Attorney Garganese.
NEW BUSINESS:
1. Approval of Meeting Minutes: April 13, 2005.
Motion by Leo Nicholas, seconded by Bea McNeely to approve the meeting minutes of
April 13, 2005. Vote on the motion carried unanimously.
2. Recommendation to the Board of Adiustment Re: Special Exception Request
No. 05 -02 to Allow Residential Use in the C -1 Zoning District - (Shady Villas) -
Section 14, Township 24 South, Range 37 East, Lot 1, Harbor Heights West
Subdivision, and Parcel A -16 (Corner of Seashell Lane and N. Atlantic Avenue) -
AlI Shores Construction & Development, Inc. /James E. Morgan, Petitioner.
Todd Peetz, City Planner, gave an overview of the request and verified that the request
was consistent with the Comprehensive Plan. The Board reviewed the special exception
worksheet. Todd Peetz verified that he answered all the questions to the best of his
knowledge.
Lamar Russell discussed rezoning by special exception. Todd Peetz commented that
the City has not rezoned, only allowed a different type of use. Anthony Garganese
explained that if the applicant meets the criteria for a special exception, consistent with
the Comprehensive Plan, then he is entitled to the special exception. He further
explained that the City has historically granted residential use in the C -1 zoning district,
which is considered a policy decision. Discussion followed. Anthony Garganese
advised that it should be clarified in the Comprehensive Plan to allow residential in the
C -1 zoning district. Lamar Russell pointed out that the zoning map and land use maps
should be consistent.
Planning & Zoning Bo.
Meeting Minutes
May 11, 2005
Page 2
James Morgan, Petitioner, testified that he could construct a three story commercial
building however, he believed that residential would be a better use for the City and
residents of the Harbor Heights subdivision. He advised that a granted special
exception has expired on one part of the property. Leo Nicholas commented that one of
the previous property owners replatted the property on Seashell Lane and there exists
one single family residence located on the middle lot. He explained that now it is
possible that commercial could be built adjacent to the single family home. He voiced
his opinion that residential would be more compatible. The applicant noted that he has
not received a road cut permit and would work with the City to obtain the best access.
A resident at 211 Coral Drive made comments regarding: Properties on Seashell Lane
that were being sold as three individual lots; tax increases; traffic congestion on N.
Atlantic Avenue from all the new residential construction; concerned with the residences
accessing on Harbor Drive rather than N. Atlantic Avenue; and questioned what the
existing zone was on the three lots. Todd Peetz responded that the property is zoned C-
1, and the granted special exception for residential use has expired. Chairperson
McNeely responded that the City, as well as the residents, is concerned with the traffic
congestion. James Morgan advised that the code allows them to construct up to nine
units instead of the four units, as proposed, and agreed to a condition that only up to four
units would be developed.
Motion by Lamar Russell, seconded by Leo Nicholas, to recommend approval of the
Special Exception to the Board of Adjustments with the condition that not more than four
units would be developed on the property. Vote on the motion carried unanimously.
3. Recommendation to the Board of Adjustment Re: Special Exception Request
No. 03 -07 - (Six Residential Units on Holman Road) - Request for a twelve month
time extension - Vinod Kalida, VK and MK Development, Inc., Petitioners.
Todd Peetz, City Planner, explained that this was the special exception granted to Mr.
Venable. He advised that the special exception was approved for six units, and the new
property owners only want to build five units. He noted that in two weeks the developer
on the north side of this property was requesting developing 100 residential units, and
commented that this is a much smaller request. He advised that a site plan will need to
be submitted. Discussion followed regarding Mr. Venable's request and the number of
units that were proposed. Ms. Kalidas testified that they only want to build five
condominium units on the property. Leo Nicholas commented that it appeared to be a
reasonable request and the lower density is an asset to the City. Lamar Russell agreed.
Motion by Leo Nicholas, seconded by Lamar Russell to recommend approval of the time
extension request based on the new owners and new development design, with the
understanding to build five units. Vote on the motion carried unanimously.
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Planning & Zoning Board
Meeting Minutes
May 11, 2005
Page 3
4. Recommendation to City Council Re: Draft Ordinance Amending Chapter 110.
Anthony Garganese, City Attorney, gave an overview of the proposed ordinance. He
explained that the amendments will bring Chapter 110 up to date to comply with current
legislation, case law, and clarify the quasi judicial sections of the code. The Board
members reviewed the draft ordinance. Discussion followed and the Board made
numerous recommended changes.
Motion by Lamar Russell, seconded by John Fredrickson to recommend approval of the
Ordinance amending Chapter 110. Vote on the motion carried unanimously.
OPEN DISCUSSION
The Board directed Todd Peetz to pursue the City administratively rezoning the northern
lot (Lot 3) on Seashell Lane to R -1.
There being no further business for the Board to consider the meeting was
adjourned at 9:45 p.m.
Susan-L. Chapman, board Secretary
Bea McNeely, Chairper