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HomeMy WebLinkAboutMinutes 09-28-2005• PLANNING & ZONING BOARD MEETING MINUTES SEPTEMBER 28, 2005 A Regular Meeting of the Planning & Zoning Board was held on September 28, 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 Lamar Russell John Fredrickson Donald Dunn 1st Alternate Shawn Schaffner 2nd Alternate MEMBERS ABSENT Alice Filteau OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Bennett Boucher Todd Morley Robert Hoog Board Secretary City Planner City Attorney City Manager Building Official Mayor Pro Tem All persons giving testimony were sworn in by City Attorney, Anthony Garganese NEW BUSINESS: 1. Approval of Meeting Minutes: September 14, 2005. A motion by John Fredrickson, seconded by Bea McNeely to approve the meeting minutes of September 14, 2005. Vote on the motion carried unanimously. NEW BUSINESS: 1. Motion to Recommend: Special Exception Request No. 05 -07 to Allow 24 Hour On -Site Security and Outside Storage at (8708 Commerce Street - K.M.D. Ship Repair) - Section 15, Township 24 South, Range 37 East, Parcel 764.0 - Kurt Ronstrom, Petitioner, Lars Holfve, Designated Agent. Todd Peetz, City Planner, advised that because of a coordination issue with staff, a concept plan was not received from the applicant; and the staff report from the fire department was not submitted. He recommended that the request be tabled until the additional information is received. He explained that the petitioner needed 24 -hour, on- site security because of past vandalism. Todd Morley, Building Official, advised that this request is a result of code enforcement action. He explained that the property has been found in compliance because the property owner applied for the required special exception. He did not know if someone was still living on -site. Lamar Russell suggested that the Board members read the City code provision(s) for on -site security, and noted other properties that have been approved for on -site security. Planning & Zoning Boll Meeting Minutes September 28, 2005 Page 2 Lars Holfve, designated agent, verified that currently no one was living on -site. He noted that there has been vandalism since the on -site security stopped. He added that the property is not located around any residential. Motion by Lamar Russell, seconded by Donald Dunn to postpone Special Exception Request No. 05 -07 until the October 26, 2005 meeting. Vote on the motion carried unanimously. 3. Motion to Recommend: Special Exception Request No. 05 -08 to Allow a Veterinary Clinic in the C -1 Zoning District, Section 23, Township 24 South, Range 37 East, Lots 1, 2, 9 & 10, Block 36, Avon by the Sea Subdivision - Christine Storts, Petitioner. Todd Peetz, City Planner, gave an overview of the request. He advised that the property was located on a vacant lot; the project should meet all the development codes; and a traffic study would be required at the time of site plan submittal. Lamar Russell noted that the special exception at the current location would expire if the property is not utilized for the same use within 12 months. Dr. Christine Storts, Petitioner, testified that she has been a veterinarian for over 10 years in the community; the business now has extended hours and is open six days a week to keep up with the demand; the facility needs to be expanded to accommodate the community's needs; the property is located just north of the current location. She verified that there will not be a boarding facility. Jason Schaeffer, a friend of Dr. Storts, answered various questions regarding the submitted conceptual plan. Discussion was held regarding the heavily wooded lot. Mr. Schaeffer responded that the site design saves as many Oak trees as possible; and he anticipated that there will be no problems with curb cuts. Motion by Lamar Russell, seconded by Shawn Schaffner to recommend approval of Special Exception Request No. 05 -08 to the Board of Adjustment. Vote on the motion carried unanimously. 4. Motion to Recommend: Special Exception Request No. 05 -09 to Allow a Restaurant to Serve Beer & Wine at (7802 N. Atlantic Avenue - La Fiesta Restaurant), Section 23, Township 24 South, Range 37 East, Lots 9, 10 & 11, Block 25, Avon by the Sea Subdivision - Alice Fusillo, Petitioner. Todd Peetz, City Planner gave an overview of the request, and verified that this request met all City requirements. He testified that the previous special exception had expired in May, 2005, and the new restaurant owner would like to re- establish the use; the restaurant has 96 seats, and adequate parking. He depicted properties that have liquor licenses from a City map. Alice Fusillo, Petitioner, testified that she had no intentions to serve full liquor at this time; everything inside the building is the same, only minor cosmetic upgrades. Chairperson McNeely reviewed the criteria worksheet. Brief discussion followed. Motion by Donald Dunn, seconded by Lamar Russell, to recommend approval of Special Exception Request No. 05 -09 to the Board of Adjustment. Vote on the motion carried unanimously. • • Planning & Zoning Board Meeting Minutes September 28, 2005 Page 3 5. Motion to Recommend: Special Exception Request No. 05 -10 to Allow a Vehicle Rental Facility in the C -1 Zoning District, (Property is Located Just North of Residence Inn and South of Country_ Inn), Sec. 15, Twp. 24S, Rqe. 37E, Part of Parcel 25.0 - William Stephenson, Petitioner. Todd Peetz, City Planner, advised that the property was located on an out - parcel from the Residence Inn, and gave an overview of the request. He testified that the project would have shared access with Residence Inn; and reviewed the required criteria for this type of special exception. Kevin Looney, employee of the Petitioner, testified that the car rental facility may have a car wash, and if so, it would be located within the 600 square foot prep area as shown on the submitted conceptual plan. Victor Watson, employee of the Petitioner, testified that the use is compatible with the surrounding areas, and designed to meet all code requirements. He noted that the property will be owned and leased long -term. Motion by Lamar Russell, seconded by Donald Dunn to recommend approval of Special Exception Request No. 05 -10 to the Board of Adjustment. Vote on the motion carried unanimously. OPEN DISCUSSION Todd Peetz, City Planner, gave an update on the City Council meeting's discussion regarding short-term rentals. He advised that City Council is not taking any action until the County makes its final decision. He noted that 36 properties are licensed for rentals in the City. Bennett Boucher, City Manager, advised that he was having a difficult time with the State trying to identify vacation rentals. He noted that less than 10 are identified throughout the County. Todd Peetz, City Planner, advised that City Council passed the 1st reading of a moratorium ordinance. He advised that the moratorium would delay new applications. He explained that the proposed moratorium would be for 90 days, with a 60 day extension if needed. He advised that over 300 parcels have granted special exceptions for residential use in the commercial zoning district, and identified some of them from a City zoning map. Bennett Boucher, City Manager, added that City Council was looking at preserving commercial areas on A1A, and properties along A1A would be the only properties affected. There being no further business for the Board to consider the meeting was adjourned at 8:35 p.m. L. Susan L. C a.man Secrbtary ea McNeely, Chairperso