Loading...
HomeMy WebLinkAboutMinutes 08-10-2005• • PLANNING & ZONING BOARD MEETING MINUTES August 10, 2005 A Regular Meeting of the Planning & Zoning Board was held on August 10, 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 Chairperson Leo Nicholas Vice Chairperson Lamar Russell John Fredrickson Donald Dunn 1st Alternate Alice Filteau Shawn Schaffner 2nd Alternate OTHERS PRESENT Duree Alexander Todd Peetz Anthony Garganese Rocky Randels Robert Hoog Bennett Boucher Todd Morley NEW BUSINESS: Recording Secretary City Planner City Attorney Mayor Mayor Pro Tem City Manager Building Official Approval of Meeting Minutes: July 27. 2005. A motion by John Fredrickson, seconded by Leo Nicholas to approve the meeting minutes of July 27, 2005, as presented. Vote on the motion carried unanimously. NEW BUSINESS: 1. Recommendation to the Board of Adjustment Re: Special Exception Request No. 05 -04 to Allow On Premise Consumption of Alcoholic Beverages in the C -1 Zoning District (105 Lincoln Avenue) - Tracy Rac. Commander. Designated Agent for American Legion Post 348. Inc.. Petitioner. City Planner, Todd Peetz, gave an overview of the request to allow on- premise consumption of alcoholic beverages in the C -1 zoning district. Tracy Rac, Commander of the American Legion, addressed the Board and stated that the American Legion Post was previously located at 8169 Canaveral Blvd. She stated that the new location has sufficient parking and their hours of operation are from 10 am until 11p.m. Board member, Shawn Schaffner, asked if the organization was currently serving alcoholic beverages. Ms. Rac responded that they are currently serving alcoholic beverages on a donation basis. Planning & Zoning Boa Meeting Minutes August 10, 2005 Page 2 • Motion by Alice Filteau, seconded by Lamar Russell, to recommend approval of the Special Exception. Vote on the motion carried unanimously. 2. Recommendation to the Board of Adjustment Re: Special Exception Request No. 05 -05 to Allow Extension of Area to Serve Alcoholic Beverages (1000 Shorewood Drive, Cape Caribe) - Ron Jon Hospitality, Inc., Designated Agent for Cape Caribe Association, Inc., petitioner. City Planner, Todd Peetz, gave an overview of the request to expand the existing use to serve alcoholic beverages by the pool area. He stated that they would not be adding parking or increase the current seating. Jack Kirschenbaum, Attorney representing the applicant, addressed the Board on behalf of Ron Jon's. Mr. Kirschenbaum advised that Ron Jon's was the property owner's tenant. Mr. Kirshenbaum displayed a poster board explaining the boundaries of the property, the presently leased area, and a drawing of the proposed extension of the leased area. He continued by stating that the entire facility was fenced, and access was granted to the facilities with the use of a guest key. He further explained that the restaurant was open to the public, but patrons could not gain access to the pool area without a guest key. He stated that presently a guest, with the use of a guest key may purchase a drink and take it to the pool area to consume. Chairperson Bea McNeely asked if food would be included in this service. Mr. Kirschenbaum replied that it would. Board Member, Shawn Shaffner, asked if they had plans to provide live entertainment. Mr. O'Keefe, representative of Ron Jon Hospitality, Inc. replied that they currently provide live entertainment during the day; however there were no plans at this time to have live entertainment during the evening hours. There were comments from the audience regarding concerns about the noise coming from the pool area. A motion was made by Bea McNeely, seconded by Lamar Russell, to recommend approval to allow the expansion of the special exception to serve alcoholic beverages. Vote on the motion carried by a majority as follows: John Fredrickson, for; Bea McNeely, for; Leo Nicholas, for; Lamar Russell, for; Alice Filteau, against. 3. Recommendation to the Board of Adjustment Re: Variance Request No. 05 -06 to Allow a Conveyor Belt to be Located Within the Required Setbacks - (245 Challenger Road) - Randy May. Designated Agent for Ambassador Services, Inc.. Petitioner. City Planner, Todd Peetz, gave an overview of the request. He advised that the request is for a Variance to construct a conveyor belt from the Port Canaveral property to the Petitioner's property located in Cape Canaveral. He noted that the structure will be crossing several property lines, as well as, right -of -way easements. He explained that a property search revealed there were three different owners of the properties in question, and that staff has requested that there be some type of joining or Unity of Title of the properties to reduce the number of property lines to be crossed. Planning & Zoning Board Meeting Minutes August 10, 2005 Page 3 City Attorney, Anthony Garganese, addressed the applicant and requested that the applicant provide a visual diagram of the structure to identify the height and the property lines that would be traversed by this structure. Discussion followed regarding the construction of the structure; the area of the property the applicant was requesting the Variance for; actual height of the structure crossing the property line setback; if the structure was enclosed; and whether the structure will withstand hurricane force winds. Randy May, property owner, testified that the structure would be constructed to cross over only the front property setback through the air; the structure would be 20 feet high at the middle, and reduced to 5 feet at the base; the structure is designed to withstand 160 mile per hour winds; the purpose of the structure was to reduce the amount of the truck traffic on George King Blvd.; and the Port Authority had granted a permanent easement across the adjoining Port Canaveral property. City Attorney, Anthony Garganese, asked the applicant what type of easement the applicant has with Port Canaveral. Mr. Mays replied that he had a permanent 100 -foot easement at the boundary of the Port and the City of Cape Canaveral with perpetual use of the property. Mr. Garganese stated that this was a unique situation in that this may be a jurisdictional boundary issue and that the Board could consider these possibilities; one being that the Board could possibly grant or deny the Variance or consider a legislative change to Section 110 -538, Encroachments. Lamar Russell voiced his opinion that this request was simply an encroachment of setbacks and the applicant needed a legislative change. Discussion followed regarding tabling the issue in favor of discussing a legislative change to Section110 -538, Encroachments. Motion by Lamar Russell, seconded by Leo Nicholas, to table this agenda item. Vote on the motion carried unanimously. Motion by Lamar Russell, seconded by Leo Nicholas, to agenda this item for the next meeting, as an addendum to Setback Encroachment, Conveyor Belts. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Site Plan for Verizon Wireless Communication Tower (350 Imperial Boulevard) - Verizon Wireless. Inca Applicant. City Planner, Todd Peetz, advised that the Board had seen this Request before and that the Board of Adjustment approved the site plan at the July meeting, with three conditions: 1) Board of Adjustment waived City landscaping requirements. 2) Applicant must comply with all setback requirements. 3) Special exception is limited to the leased portion of the property as shown on the submitted site plan. Larabell Flowers, Representative for Verizon Wireless, addressed the Board stating that the only change was a 5 -foot error correction regarding the setback. Motion by Leo Nicholas, seconded by Lamar Russell, to approve the Site Plan for Verizon Wireless Communication Tower. Vote on the motion carried unanimously. 1 • Planning & Zoning Board Meeting Minutes August 10, 2005 Page 4 OLD BUSINESS 1. Recommendation to City Council Re: Amending Ordinance No. 06 -2005, Amending Chapter 110, Zoning, Clarifying the Intent of the R -1, R -2, and R -3 Residential Zoning Districts, Prohibiting Transient Commercial Uses Such as Bed and Breakfasts, Hostels, Hotels, Inns, Lodgings, Motels, or Resorts in Residential Dwelling Units for Periods of Less Than Sixty (60) Consecutive Calendar Days - Anthony Garganese, City Attorney. There was discussion regarding length of stays, unruly guests, number of guests in a residence, the licensing of the short-term rentals, and enforcement. City Manager, Bennett Boucher, suggested that the Board decide the number of allowable days and direct staff to provide criteria for the maximum occupancy, permitting fees, performance standards, enforcement procedures, and possibly amortization of those rentals that had been paying the bed tax and were properly licensed for the last two years for the Board to review before making a recommendation to the City Council. A motion was made by Lamar Russell for staff to compile the requested information for a recommendation to City Council, seconded by John Fredrickson. Vote on the motion carried unanimously. 2. Discussion Re: Pad - Mounted Generators - Anthony Garganese, City Attomey. Building Official, Todd Morley, briefly addressed the Board regarding the draft ordinance regarding pad- mounted generators. He stated that the ordinance was fairly straightforward although some items will need to be discussed: noise levels, encroachment into the setback and generators being located near service entrances. A motion was made by Leo Nicholas to table the item, seconded by Donald Dunn. Vote on the motion carried unanimously. OPEN DISCUSSION Chairperson Bea McNeely requested that all documents and information to be considered by the Board must be included in the meeting packets. All last minute items not included at the time the packets are processed will not be placed on the agenda or considered during the meeting. There being no further business for the Board to consider the meeting was adjourned at 10:20 p.m. Duree Alexander, ecording Secretary J Bea McNeely, Chairperson al