HomeMy WebLinkAboutMinutes 12-14-2005PLANNING & ZONING BOARD
MEETING MINUTES
DECEMBER 14, 2005
A Regular Meeting of the Planning & Zoning Board was held on December 14, 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
Harry Pearson
OTHERS PRESENT
Susan Chapman
Todd Peetz
Kate Latorre
Robert Hoog
Jim Morgan
Leo Nicholas
Todd Morley
Jeff Ratliff
NEW BUSINESS:
Chairperson
Vice Chairperson
1st Alternate
Board Secretary
City Planner
Assistant City Attorney
Mayor Pro Tem
Council Member
Council Member
Building Official
Public Works Representative
1. Approval of Meeting Minutes: November 30, 2005.
Motion by Lamar Russell, seconded by Bea McNeely to approve the meeting minutes of
November 30, 2005, as corrected. Vote on the motion carried unanimously.
2. Recommendation to the City Council: Utility Easement Agreement - Villa
Campania - Jeff Ratliff, Public Works Representative.
Jeff Ratliff, Public Works representative, gave an overview of the 25 ft. utility easement
for a City sewer line, which would connect to the existing easement on Holman Road.
Ray Osborne, citizen, questioned if the development was already approved. Todd
Peetz, City Planner, responded that the site plan was under staff review. He explained
that the sewer line will be on private property that services that particular project, and
would not impact the neighboring properties.
Motion by Lamar Russell, seconded by Bea McNeely to recommend approval of the
utility easement to City Council. Vote on the motion carried unanimously.
3. Recommendation to the Board of Adjustment: Special Exception Request No.
05 -14 to Allow Residential Use in the Commercial Zoning District, Section 14,
Township 24 South, Range 37 East, Part of Lots A & B, also known as 24-37-14 -
28-00000.0000A.10, A.25, A.26, and A.27 - Teutons Subdivision - (Oak Lane) -
Craig and Mary Stewart, Petitioners.
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Planning & Zoning Board
Meeting Minutes
December 14, 2005
Page 2
Todd Peetz, City Planner, gave an overview of the special exception request. He
advised that the proposed project is located on the south side of Oak Lane, behind the
Circle K; the property has an existing special exception for a single family residence and
the applicant was proposing a new special exception for ten residential units; the
property abuts the Ocean Gardens subdivision to the north, commercial to the east,
vacant commercial to the north and west. Mr. Peetz verified that he prepared the check
list and it was correct. The Board members reviewed the submittal packet. Discussion
followed regarding: access, zoning, density, zoning uses, and affordable housing.
Craig Stewart, Petitioner, testified that his family plans changed since the previous
special exception was granted; he also owns property on Ocean Garden Lane; he plans
to construct lower than the maximum density allowed by the city code; the townhouse
units and Tots will be similar to the Ocean Gardens and Lindsey Court subdivisions; he
confirmed the road is only semi -paved and he has a signed statement from the Mayor
that the road will be paved in 2006; he verified that the city owns the road; he was
proposing to build ten townhouse units; each property will sell for approximately
$400,000. Brief discussion followed. The Board members verified that this property is
not affected by the existing moratorium. Todd Peetz, City Planner, depicted properties
that currently have residential uses around this property, and advised that Mr. Stewart
was proposing less than ten units per acre, which is consistent with the average
throughout the city.
Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of Special
Exception Request No. 05 -14 to the Board of Adjustment. Vote on the motion carried
unanimously.
4. Recommendation to the City Council: Site Plan for Canaveral Bulk Terminal -
Randy May, Applicant.
Todd Peetz, City Planner, advised that at the Board's request, the site plan was updated.
He advised that the Fire department reviewed the site plan and did not have any
comments; and the Unity of Title Agreement was submitted by the applicant and
forwarded to the City Attorney. He gave an overview of the submitted landscape plan.
The Board members reviewed the updated site plan. Mr. Campbell, citizen, asked why a
site plan was required. Todd Peetz, City Planner, responded that a site plan is required
for structures over 850 square feet. He explained that the conveyor system will be
significantly impacting the property and existing aggregate piles. Randy May, applicant,
advised that the aggregate piles consisted of pumice, granite, and lime rock.
Mr. Campbell, citizen, voiced his concern that the granted special exceptions were
granting more than just storage of aggregate. He stated that the intent of the special
exception was storage of aggregate as a subordinate use of the property, but the
storage has instead become the principal use of the property. He read an excerpt from
a Canaveral Port Authority magazine regarding the project. He voiced his opinion that
this business operation was actually a bulk terminal. Mr. Campbell discussed the
special exceptions that were granted to this property in 2002.
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Planning and Zoning Board
Meeting Minutes
December 14, 2005
Page 3
Mr. Campbell read excerpts of city meeting minutes, various letters to and from the
Canaveral Port Authority, and a letter of findings by the city Building Official regarding
the granted special exceptions. Mr. Campbell questioned if all property owners within a
500 ft. radius were notified of the special exception requests back in 2002. Mr.
Campbell read various city code sections pertaining to zoning. He submitted
photographs for the Board members regarding similar operations in England and
California. He voiced his opinion that the city erred in granting the special exceptions.
Discussion followed.
Kate Latorre, Assistant City Attorney, advised that the decisions to grant the special
exceptions were based on competent substantial evidence; Mr. Campbell's concerns
were not germane to the site plan before the Board; and any code violations would be
handled through code enforcement. Todd Morley, Building Official, verified that all the
special exceptions were reviewed. He noted that there was a portion of one piece of land
that was being used for aggregate storage that did not have an existing special
exception. He advised that the use has subsequently stopped. Mr. May, property
owner, verified the hours of operation. He explained that the amount of aggregate will
increase with the conveyor system and the conveyor will reduce the existing trucking
operations. He verified that the aggregate piles are continuously sprinkled.
Motion by Lamar Russell, seconded by John Fredrickson, to recommend approval of the
site plan to City Council. Vote on the motion carried unanimously.
5. Recommendation to the City Council: Site Plan for Sea Shell Cav Townhomes -
James E. Morgan, Applicant.
Todd Peetz, City Planner, gave an overview of the project. He advised that the four unit
townhouse project was located on the west side of Harbor Heights. He read comments
from city staff. James Morgan, applicant, responded to the staff comments. The Board
members reviewed the submitted site plan. Discussion followed.
Motion by Lamar Russell, seconded by John Fredrickson to recommend approval of the
site plan to City Council with the following conditions:
1. Add an easement to the final plat for access to lot 3 to N. Atlantic Ave.
2. Meet the condition of the Public Works Director for sewer connection.
3. Provide a St. Johns River Water Management District permit/exemption
for drainage.
4. Have the City Engineer review the storm water calculations.
Vote on the motion carried unanimously.
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Planning & Zoning Board
Meeting Minutes
December 14, 2005
Page 4
At 10:00 p.m., by consensus of the Board members, the meeting time was extended to
10:20 p.m.
6. Discussion Re: Density Study Report - Todd Peetz, City Planner.
Todd Peetz, City Planner provided a brief outline of information regarding existing
density. The Board members and audience reviewed various maps. Mr. Peetz
explained that the information was produced by Brevard County property appraiser's
office and GIS mapping department. He advised that the overall city density was seven
units per acre. He noted that 90% of the city has been developed. Following
discussion, the Board members suggested to have a workshop with City Council to
discuss the density further.
7. Discussion Re: Moratorium Study - Todd Peetz, City Planner.
Due to the late hour and the need to conduct the Local Planning Agency meeting, this
agenda item was not discussed.
The meeting was adjourned at 10:20 p.m.
Susan L. Chapman, Secretary
ea McNeely, Chairperson �'