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HomeMy WebLinkAboutMinutes 10-26-2005• PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 26, 2005 A Regular Meeting of the Planning & Zoning Board was held on October 26, 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 Lamar Russell John Fredrickson Donald Dunn Shawn Schaffner MEMBERS ABSENT Alice Filteau OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Robert Hoog Chairperson 1st Alternate 2 "d Alternate Board Secretary City Planner City Attorney Mayor Pro Tem NEW BUSINESS: 1. Approval of Meeting Minutes: October 12, 2005. Motion by John Fredrickson, seconded by Donald Dunn to approve the meeting minutes of October 12, 2005. Vote on the motion carried unanimously. 2. Recommendation to the Board of Adjustment - Special Exception Request No. 05 -07 to Allow Outside Storage of Automotive Vehicles, Camping Equipment, Boats, Trailers, and Recreational Equipment; and 24 Hour On -Site Security at (8708 Commerce Street), Section 15, Township 24 South, Range 37 East, Parcel 764.0 - Kurt Ronstrom, Petitioner. Todd Peetz, City Planner, verified that 24 hour on -site security is permitted in the M -1 zoning district; the property is zoned M -1; the request was for outside storage and 24 hour on -site security; an on -site trailer utilized as a living facility is limited to 800 sq. ft., with an annual review; no children would be allowed to live on the premises; the Building Official would rather have a permanent structure for the living facility, than a temporary trailer; the area for outside storage is not required to be paved, but must be maintained; and vehicles are required to have a current tag and be operable. . • Planning & Zoning Board Meeting Minutes October 26, 2005 Page 2 Kurt Ronstrom, Petitioner, testified that he was not aware that he needed a special exception for the 24 hour security until he was visited by City code enforcement; he has actively been cleaning up the property and has recently removed four boats from the site and he has two RVs that will be disposed of; he is asking for a 24 hour living facility for security purposes due to vandalism. He explained that the living quarters is a fifth wheel trailer that can be towed out at any time. He advised that he has had outside storage for 20 years. He further explained that the property was previously used as a paint and body shop; the building has two bathrooms, and is currently a machine and welding shop, plus it has two offices. He noted that there are 24 parking spaces, and two - 20 ft. wide drive gates for property access. He advised that he could modify an area of the building to allow living quarters. The Board members reviewed the submitted property survey. Discussion followed regarding considering the request for outside storage in the M -1 zone; and other options to provide security. Motion by Lamar Russell, seconded by John Fredrickson to recommend approval to the Board of Adjustment for outside storage, with the condition that the City code enforcement officer be allowed on the premises, at any time, to inspect for inoperable vehicles. Vote on the motion was as follows: Donald Dunn, abstained; John Fredrickson, for; Bea McNeely, against; Lamar Russell, against; and Shawn Schaffner, against. Discussion followed. Motion by Shawn Schaffner, seconded by Lamar Russell to recommend the request for living quarters to provide 24 hour on -site security be denied by the Board of Adjustment. Vote on the motion was as follows: Donald Dunn, abstained; John Fredrickson, against; Bea McNeely, for; Lamar Russell, for; and Shawn Schaffner, for. 3. Recommendation to the City Council - Preliminary Replat of Beachside Townhomes - 2nd Addition, Replat of Lot 13, Block 5, Avon by the Sea Subdivision - John Johanson, Applicant. The Board members reviewed the preliminary replat. Discussion followed. Anthony Garganese, City Attorney, clarified that all dates and signatures will be required on the final replat. Todd Peetz, City Planner, verified that City staff had reviewed the preliminary replat and recommended approval. John Johanson, applicant, advised that the 1st addition of Beachside Townhomes was nearing completion. Motion by Lamar Russell, seconded by Shawn Schaffner to recommend approval of the Preliminary Replat of Beachside Townhomes - 2nd Addition to the City Council. Vote on the motion carried unanimously. • • Planning & Zoning Board Meeting Minutes October 26, 2005 Page 3 4. Recommendation to the Board of Adjustment - Variance Request No. 05 -11 to Allow Two Signs of Approximately 128 square feet on Each End of the 468 foot Building Front at (8959 Astronaut Boulevard), Section 15, Township 24 South, Range 37 East, Parcel 25.0 - Roger Dobson, A1A Acquisition Group Ltd., LLP, Representing Residence Inn, Petitioner. Todd Peetz, City Planner, reviewed the submitted documents. He explained that per City code, the property is allowed two wall signs; or one ground sign, and one wall sign. He voiced his opinion, as the representative for City staff, that this request is a self - imposed hardship. Roger Dobson, Petitioner, voiced his opinion that the hotel consists of three separate buildings that are connected; he was requesting a sign on each end of the building, to be placed parallel to Astronaut Blvd., which will assist customers finding the facility. He cited various City code sections. He voiced his opinion that the facility is not like any other in the City. He advised that he had a letter from his contractor stating that they have three separate buildings. He explained that a ground sign would be located outside the center building facing A1A. The ground sign is 30 ft. high and 14.9 ft. wide, and illuminated. He noted that all the signs would be illuminated. He advised that he had no idea where the Country Inn & Suites signs would be located. He noted that if the request is denied they will have only one ground sign and one wall sign, which could create a hazardous situation for customers looking for the facility. He advised that D.O.T. denied the request from the City to lower the speed limit along A1A. Discussion was held regarding whether or not the building(s) should be considered one building connected or three separate buildings. The Board members reviewed a rendering of the building(s). Anthony Garganese, City Attorney, explained that the City code does not address a Variance from the sign code. He explained that a Variance only applies to the Zoning code. He explained that the Building Official needs to approve or deny the request for the signs, and make a decision whether there are three buildings or one building. He further explained that if the applicant does not agree with the Building Official's decision, he could then apply to the Construction Board of Adjustments and Appeals. No further action was taken regarding this request. The applicant was instructed to meet with the Building Official and seek his interpretation of the sign code and determine how many buildings there are to conclude how many signs are allowed. • • Planning & Zoning Board Meeting Minutes October 26, 2005 Page 4 5. Recommendation to the Board of Adjustment - Special Exception Request No. 05 -12 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Range 37 East, All of Parcels 29, 33, and Part of 2, 3, 31, and 35 - Randy Mav, Petitioner. Todd Peetz, City Planner, verified that the City code was changed recently to allow this use by special exception. Randy May, Petitioner, advised that the project was moving forward. Motion by Donald Dunn, seconded by Lamar Russell to recommend approval of Special Exception Request No. 05 -12 to the Board of Adjustment. Vote on the motion carried unanimously. 6. Recommendation to the Board of Adjustment - Variance Request No. 05 -06 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Range 37 East, All of Parcels 29, 33, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. Motion by Lamar Russell, seconded by Shawn Schaffner to recommend Variance Request No. 05 -06 be denied by the Board of Adjustment. Vote on the motion carried unanimously. 7. Recommendation to the Board of Adjustment - Special Exception Request No. 05 -13 to Allow Residential Use in the Commercial Zoning District at (8705 N. Atlantic Avenue), Section 14, Township 24 South, Range 37 East, Parcels 28, D.01, D.03, and C.01, Teutons Subdivision - Kevin D. Markey, Seaboard Constructors, LLC, Designated Agent for Howard and Betty Gould, Petitioners. Todd Peetz, City Planner, gave an overview of the proposed project. He advised that the property was currently a trailer park, and is surrounded by C -1 and C -2 uses. He noted that this property location was not part of the moratorium currently in effect. He explained that the Petitioner is requesting a special exception to construct 122 multi- family units. He noted that a Unity of Title or Replat will be required to incorporate all four parcels. Discussion was held regarding notifications to surrounding property owners. The Board Secretary verified that the Ocean Woods Homeowners Association was mailed a certified notice of this request. • • Planning & Zoning Board Meeting Minutes October 26, 2005 Page 5 Chairperson McNeely questioned if they were requesting rezoning by special exception. She pointed out that N. Atlantic Avenue has mostly changed from C -1 to residential. Kevin Markey, Attorney for the Petitioners, advised that the property already has an existing residential use. Todd Peetz, City Planner, noted that the trailer park existed prior to the commercial zoning district being created. Kevin Markey verified that all the trailers would be removed. Vice Chairperson, Lamar Russell, asked if they could take out some of the coverage and add some green area. Kevin Markey responded that he was not in the position to change the size of the buildings or number of units. He verified that the request included all four parcels of property, and advised that the property would be surveyed and the legal description will be clarified. Anthony Garganese, City Attorney, advised that the City will require a Unity of Title. The Board members reviewed the submitted conceptual plan. Discussion followed regarding distance requirements between curb cuts. Chairperson Russell asked if the units could front Central Blvd. so that the units would look attractive to pedestrians traveling down the road, rather than looking at the backs of the units. Todd Peetz suggested that the buildings be turned to front Central Blvd. and a frontage road be constructed in front of the buildings. Motion by John Fredrickson, seconded by Lamar Russell to recommend approval of Special Exception Request No. 05 -13 to the Board of Adjustment. Vote on the motion carried unanimously. 8. Recommendation to the City Council Re: Proposed Ordinance for Land Clearing for Three Dwelling Units or Less - Anthony Garganese, City Attorney. Anthony Garganese, City Attorney, advised that he made the changes as requested by the Board at the last meeting. The Board members reviewed the draft ordinance. Brief discussion followed. Motion by Donald Dunn, seconded by Shawn Schaffner to recommend approval of the draft ordinance to the City Council. Vote on the motion carried unanimously. OPEN DISCUSSION John Fredrickson asked for clarification on some of the decisions made this evening. There being no further business for the Board to consider the meeting was adjourned at 10:07 p.m. Bea McNeely, Chairperson Susan L. ary FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME— MIDDLE NAME 'bumf -bop ALI) P NAME OF BOARD, COUNCIL, COMMISSION, AUTHOATY, OR COMMITTEE Pi,e4A.mi W I -it'i AJCIwG MAILING ADDRESS 070 2. (.{ l l 5 C u S coo47- , 1 THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: IA CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY C P E_ CA -Ai A E R L 13 K59 1 A- AD RAT V NAME OF POLITICAL SUBDIVISION: 9+�� e APB CA /l�/�t, Foe. DATE ON WHICH VOTE OCCURRED MY POSITION IS: ❑ ELECTIVE K APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in wilting and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to th • The form must be read publicly at the next meeting after IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION • You must disclose orally the nature of your conflict in the • You must complete the form and file it within 15 days after meeting, who must incorporate the form in the minutes agency, and the form must be read publicly at the next e other members of the agency. the form is filed. EXCEPT BY DISCUSSION AT THE MEETING: measure before participating. the vote occurs with the person responsible for recording the minutes of the A copy of the form must be provided immediately to the other members of the meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, -b® e)4 L t P . '1 UAW 2 (e 0 C� ® , hereby disclose that on 20 0 , : (a) A measure came or will come before my agency which (check one) — inured to my special private gain or loss; 1„f inured to the special gain or loss of my business associate, K M.D ki f e ,'E R LPG. • _ inured to the special gain or loss of my relative, • _ inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which , is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my Conflicting interest in the measure is as follows: 3OAv 0 S, 0-11......a 6.7. aiMetti Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATLTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2