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HomeMy WebLinkAboutMinutes 11-30-2005• PLANNING & ZONING BOARD • MEETING MINUTES NOVEMBER 30, 2005 A Regular Meeting of the Planning & Zoning Board was held on November 30, 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 John Fredrickson Donald Dunn Alice Filteau MEMBERS ABSENT Chairperson Lamar Russell Vice Chairperson Shawn Schaffner 1st Alternate OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Robert Hoog Bennett Boucher Todd Morley Board Secretary City Planner City Attorney Mayor Pro Tem City Manager Building Official NEW BUSINESS: 1. Approval of Meeting Minutes: October 26 and November 9, 2005. Motion by Donald Dunn, seconded by John Fredrickson to approve the meeting minutes of October 26, 2005. Vote on the motion carried unanimously. Motion by John Fredrickson, seconded by Donald Dunn to approve the meeting minutes of November 9, 2005. Vote on the motion carried unanimously. 2. Recommendation to City Council: Interview with Prospective Board Member - Harry Pearson. Anthony Garganese, City Attorney, interviewed Harry Pearson, a prospective Board member. Mr. Pearson verified that all information on the application was accurate; he is a retired civil engineer after 40 years; has lived in Cape Canaveral for 15 years; he currently serves on the Library Board and Construction Board of Adjustments and Appeals; he has no noted conflicts; he believed the City has a good balance of residential, commercial, and industrial uses; and the meeting dates and time would not be a conflict. Motion by John Fredrickson, seconded by Alice Filteau to recommend that Harry Pearson be appointed to the Board. Vote on the motion carried unanimously. Planning & Zoning Boa Meeting Minutes November 30, 2005 Page 2 3. Recommendation to City Council: General Easement Agreement - Residence Inn - Ed Gardulski, Public Works Director. Ed Gardulski, Public Works Director, advised that this was a general easement agreement that runs along the west side of the A1A corridor that services the Residence Inn. Brief discussion followed. Motion by John Fredrickson, seconded by Alice Filteau, to recommend approval of the General Easement Agreement for Residence Inn. Vote on the motion carried unanimously. 4. Recommendation to City Council: Utility Easement Agreement - Residence Inn - Ed Gardulski, Public Works Director. Ed Gardulski, Public Works Director, advised that this utility easement links to other properties that do not have a contiguous utility easement. He explained that this utility easement will make the sewer line contiguous; the sewer line will supply Country Inn & Suites and eliminate their private lift station. Motion by Donald Dunn, seconded by John Fredrickson, to recommend approval of the Utility Easement Agreement for Residence Inn. Vote on the motion carried unanimously. 5. Recommendation to City Council: Utility Easement Agreement - Villas at the Port - Ed Gardulski, Public Works Director. Ed Gardulski, Public Works Director, advised that the utility easement runs along N. Atlantic Avenue and connects to an existing utility easement. Motion by Donald Dunn, seconded by Alice Filteau, to recommend approval of the Utility Easement Agreement for Villas at the Port. Vote on the motion carried unanimously. 6. Recommendation to City Council: Final Replat - Chadwick Townhomes - Section 23, Township 24 South, Rage 37 East, Block 16, Replat of Lots 12 & W 1/2 of Lot 13, Avon by the Sea Subdivision - Katherine Chadwick, Applicant. Todd Peetz, City Planner, explained that the property was located on the North side of Madison Avenue. He advised that all minimum requirements have been met; and City staff reviewed the final replat and recommended approval. The Board members reviewed the final replat. Brief discussion followed regarding capacity of the sewer and water supply. Motion by John Fredrickson, seconded by Donald Dunn, to recommend approval of the Final Replat of Chadwick Townhomes to City Council. Vote on the motion carried unanimously. Planning & Zoning Bo. Meeting Minutes November 30, 2005 Page 3 7. Recommendation to City Council: Preliminary Replat - Beroia Palms - Section 23, Township 24 South, Range 37 East, Block 70, Replat of Lot 7, Avon by the Sea Subdivision - Ron Wallen, Applicant. Todd Peetz, City Planner, explained that the proposed two -unit townhouse project is located on the South side of Lincoln Avenue. He advised that City staff reviewed the preliminary replat and recommended approval. The Board members reviewed the preliminary replat. Discussion followed regarding stormwater. Todd Peetz verified that the Public Works Director reviewed the plat and had no concerns. Motion by Donald Dunn, seconded by Alice Filteau, to recommend approval of the Preliminary Replat of Beroja Palms to City Council. Vote on the motion carried unanimously. 8. Recommendation to City Council: Site Plan Approval for Canaveral Bulk Terminal - Randy May, Applicant. Todd Peetz, City Planner, advised that the Special Exception was approved for the project. He explained that the site plan corresponded with the construction of the conveyor system. He noted that no review comments had been received from the fire department and the Public Works Director had commented that stockpile 'C' needed to be identified. Randy May, Applicant, verified that he complied with the Public Works Director's request. He advised that someone had addressed the City Council at their last meeting and stated that the project is bigger than what he brought to the Board. He explained that the project is actually smaller, being slightly over 3,000 linear feet. The Board members reviewed a schematic drawing of the property, showing the placement of the conveyor system, and parcels with existing special exceptions granted for piles of aggregate. Mr. May pointed -out the sections of properties located within the City limits. Discussion followed regarding identifying property boundaries, ponds and landscaping berm. Mr. May confirmed that the landscaping berm will be completed around the middle of January. He noted that the well water is used for irrigation; the drainage ditch is constantly kept clean and maintained; the conveyor is 30 ft. high and drops down to 5 ft. high; the height limit of the aggregate piles is 38 ft, as per the granted special exceptions; the top of the sprinkler heads are 45 ft. high. Discussion followed regarding the Unity of Title not being submitted; there were no comments received from the fire department; sheet 2 needed to be corrected, as per the Public Work's Director's comment; more information needed to be provided on the landscape plan to include: types of species, the amount of trees, sizes, and locations; the applicant needed to provide a written timeline when the landscaping will be completed; the site plan need to reflect the geographic boundaries of the approved special exceptions; and the elevations around the property boundary needs to be clearly identified. Bennett Boucher, City Manager, advised that the Unity of Title Agreement should denote all lots and all lot lines, and note the special exceptions that are applicable to each lot. The Board members agreed. • • Planning & Zoning Board Meeting Minutes November 30, 2005 Page 4 Patrick Campbell, resident, 300 Surf Drive, advised that he spoke with the City Council at the November 15th meeting. He read a portion of the article from the Port Canaveral Newsletter, March 2005 edition, regarding Mr. May's property. He advised that there may be coming concerns from St. John River Water Management District. He questioned how special exceptions and variances work, and believed that Mr. May's operation was far outside the intent of outside storage in that it was not subordinate to the principal use; that it had become the principal use. He questioned visual barrier requirements. He read City code Section 110 -466, Performance Standards and questioned if the County standards prevail. Anthony Garganese, City Attorney, responded that he could not give Mr. Campbell legal advice. He explained that any argument Mr. Campbell wished to make about a special exception granted in 2002 should have been made in 2002. He advised that the City has a municipal ordinance which prevails over the County's code. He further advised that the Board was only looking at a site plan for a conveyor belt system this evening. Todd Morley, Building Official, advised that upon investigation of City records regarding the special exceptions granted to Mr. May, he found that Mr. May is in compliance with the conditions of all the special exception with one exception. He explained that it appeared that a portion of the property currently used for the storage of aggregate is not approved for that use. He explained that more specifically, a special exception granted in 2000 allowed storage of aggregate on an entire parcel. This special exception was subsequently expired with the approval of a special exception granted in 2002. The special exception granted in 2002 allows storage of aggregate on a different portion of the same parcel. Mr. Morley further advised that trees had been planted as per the Code Enforcement Board's requirements. However, some of the Oaks were damaged from the storms. Mr. May commented that he planted almost 1,500 inches of trees, and he is trying to work with the developer next door to further buffer the property. Motion by Donald Dunn, seconded by Bea McNeely, to postpone recommendation on this site plan until the applicant comes back with a revised site plan. Vote on the motion carried unanimously. 9. Discussion Re: Update on Short -Term Rentals. Bennett Boucher, City Manager, explained that Brevard County is involved in a takings lawsuit with regard to their short-term rental ordinance. He further explained that Florida League of Cities newsletter provided some additional information that the City Manager and City Attorney are researching. He recommended that the City take a wait and see approach with the County's lawsuit. • Planning & Zoning Board Meeting Minutes November 30, 2005 Page 5 10. Discussion Re: Overview of 2005 Brevard County Growth Management Legislation. Todd Peetz, City Planner, advised that he provided the Board members a brief overview of the legislative changes that will most likely result in changes to the City's Comprehensive Plan. He summarized the changes and explained that the timelines are such that the first action items are one year to three years away. 11. Discussion Re: Code of Conduct for Board Members. Anthony Garganese, City Attorney, outlined the adopted Resolution. He advised that the Board members need to read it and ensure compliance. He requested that the Board members treat applicants with respect and follow the code of conduct. He advised that all Board members are required to sign it. There being no further business for the Board to consider the meeting was adjourned at 9:47 p.m. Susan L. Chapman, Secretary Bea McNeely, Chairperso