HomeMy WebLinkAbout01-25-2006 Regular Meeting• PLANNING & ZONING BOARD •
MEETING MINUTES
JANUARY 25, 2006
A Regular Meeting of the Planning & Zoning Board was held on January 25, 2006, 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. All
persons giving testimony were sworn in by City Attorney Garganese.
MEMBERS PRESENT
Bea McNeely
Lamar Russell
John Fredrickson
Donald Dunn
Harry Pearson
OTHERS PRESENT
Susan Chapman
Todd Peetz
Anthony Garganese
Robert Hoog
Leo Nicholas
Bennett Boucher
Todd Morley
NEW BUSINESS:
Chairperson
Vice Chairperson
Board Secretary
City Planner
City Attorney
Mayor Pro Tem
Council Member
City Manager
Building Official
1. Approval of Meeting Minutes: January 11, 2006.
Motion by Lamar Russell, seconded by Donald Dunn to approve the meeting minutes of
January 11, 2006. Vote on the motion carried unanimously.
2. Recommendation to the City Council Re: Site Plan for Villa Campania
Condominiums - R.K. Engineering, Applicant.
Todd Peetz, City Planner, advised that this was a project to construct five condominium
units; the site is located on the South side of Holman Road; and the property has a
special exception for residential use. He gave a staff overview of the project site. The
Board members reviewed the submitted landscape plan. Todd Peetz noted that 27 new
trees will be planted, one 24" Oak tree will be preserved; over 200 bushes will be
planted; and the site will be irrigated with reclaimed water. The Board members
reviewed the site plan. Todd Peetz verified that the plan complies with the 25 ft. front
setback requirement.
Gene Parlotto, Representative for Doug Wilson Enterprises, Developer, verified that five
condominium units are proposed; they would preserve as many trees as possible, and
add trees; the design is a traditional look and appealing to the neighborhood.
Hans Saurenmann, 349 Coral Drive, requested a moratorium be placed on building. He
voiced his opinion that it's time to reconsider the needs of the City.
Lamar Russell, Vice Chairperson, pointed out that the special exception was approved
for this project prior to the moratorium. Brief discussion followed.
Planning & Zoning Board
Meeting Minutes
January 25, 2006
Page 2
Motion by Harry Pearson, seconded by Lamar Russell to recommend approval of the
site plan for Villa Campania. Vote on the motion carried unanimously.
3. Recommendation to the Board of Adjustment - Special Exception Request No.
05 -15 to Allow Residential Use in the C -1 Zoning District (Harbor Heights West
Subdivision) - Lot 3, Section 14, Township 24 South, Range 37 East - John
Johanson, for Triple J Investments, LLC, Petitioners.
Todd Peetz, City Planner, advised that the property is zoned commercial with an expired
special exception for residential use. The petitioners were asking for a special exception
for residential use to construct three units. Discussion was held regarding the previous
granted special exception. He advised that the property is surrounded by multi - family
residential to the north, single family to the east, a single family to the south, and
commercial to the west. He verified that he completed the special exception worksheet.
He advised that stormwater and drainage would be reviewed during the construction
plan review. He noted that there was one shared driveway access proposed for the
three units, which would be addressed during the staff review of the replat. Discussion
followed. Mr. Peetz advised that the three proposed residential units were more
compatible than if the property was used as commercial. Discussion was held regarding
the previous special exception that was just recommended for approval by the Board
which is located almost adjacent to this property. Discussion continued regarding
compatibility.
John Johanson, Petitioner, testified that he was proposing three residential units;
22 -30% lot coverage, leaving as much open space as possible; R -2 allows for six units,
only proposing three units; the property was purchased last October; he had no idea why
the previous owner did not build.
Judith Lowe, 211 Coral Drive, advised that this lot was located between two single family
residences. She submitted photographs into the record. She noted that Harbor Heights
is the only single family residential, low density neighborhood in Brevard County, that is
next to the beach where the residents don't have to cross a main road. She advised that
multi - family would take away from the single family residential character of the
neighborhood. She advised that the property was listed for sale as a single family lot.
Ms. Lowe commented that the developer was trying to cram three townhouse units on a
58 ft. wide lot. She advised that 73 neighborhood residents have signed a petition
against the granting of this special exception. She noted that there is a very large Oak
tree located in the middle of the lot that would be destroyed. She pointed -out that the lot
was replatted for one single family home. She requested that the special exception be
denied. (The audience applauded in support of her comments.)
Karen Johnson, 346 Coral Drive, advised that she purchased her property in 1995
because it was in a unique neighborhood of all single family homes. She further advised
that rodents have become a nuisance. She asked that the City keep the neighborhood
single family, as it was meant to be. She voiced her opinion that the proposed project is
incompatible.
Planning & Zoning Boll
Meeting Minutes
January 25, 2006
Page 3
David Lackstrom, 432 Beach Park Lane, advised that there is a 10 ft. easement between
the Villages of Seaport and Harbor Heights that is not being maintained. He questioned
if the traffic study for N. Atlantic Avenue has been completed. He noted that it is almost
impossible to go out onto N. Atlantic Avenue with the existing traffic volume.
Don Foley, 224 Coral Drive, advised that he lives within three to four houses from this
site. He noted that the approval of this request would negatively affect the value of his
home. He did not want commercial being built on the property, or multi - family, but would
prefer a single family residence.
Keith McCoy, 204 Coral Drive, advised that he owns the single family residence next
door to this site. He noted that if this project is approved, a single family home will be
surrounded by multi - family townhomes. He advised that the property drops seven feet
from N. Atlantic Avenue and there exists a large drainage area on the lot. He explained
that if fill is brought in to raise it and a pad poured, the water would drain into his yard.
He advised that there was already water runoff from the Villages of Seaport. He noted
that there already exists a townhouse at the entrance of Harbor Heights that has a
drainage problem from the new townhouse project adjacent to it that did not exist before.
He advised that the lot did not have room for adequate landscaping. He voiced his
opinion that townhomes are not compatible.
Rita Perini, 247 Coral Drive, advised that Harbor Heights is the sole treasure of Cape
Canaveral, and that building on this property would destroy the trees and wildlife that live
in the area.
Franklin Martin, 382 Coral Drive, advised that he has lived at his residence for 40 years.
He noted that many years ago he was the Chairman of the Planning & Zoning Board.
He advised that the Board worked very hard to maintain R -1 zoning. He voiced his
opinion that the City should preserve the existing single family neighborhood, and it
would be wrong for the Board to grant this special exception.
Shannon Roberts, 703 Solana Shores Drive, advised that she supported the comments
to preserve what the City has and the comments made by the residents regarding the
increase of traffic on N. Atlantic Avenue. She complimented the residents for coming out
and voicing their concerns. She advised that the residents of Shorewood, Solana
Shores, and Solana Lakes are very concerned about the increased density in the area
and the traffic congestion on N. Atlantic Avenue.
Jim Graver, 358 Coral Drive, advised that the property was already platted as a single
family lot. Coral Drive is not designed to take on extra traffic. He noted that there were
already single family dwellings on either side of this property. He voiced his opinion that
the City should preserve single family in this neighborhood.
Planning & Zoning Bolt
Meeting Minutes
January 25, 2006
Page 4
Arlene Balestrieri, 204 Coral Drive, opposed the request as she lives next door. She
advised that the request is totally incompatible with the neighborhood. She noted that
the previous property owner had replatted the lots into three individual lots for three
single family residences. She went around the neighborhood with a petition and
received the signature of every one she approached, without hesitation. She advised
that the school bus is late almost everyday because it can't get out onto N. Atlantic
Avenue due to the traffic congestion. She noted that the lot was for a single family
residence, and hoped that the City honors what the lot is supposed to be.
Hans Saurenmann, 349 Coral Drive, advised that if the City grants this special use, then
he will expect the same. He advised that he is the only resident in Harbor Heights that
could profit from what the petitioner wants to build, because he is the only one in the
neighborhood with a strip of land between Ocean Oaks and Harbor Heights, 2,633 ft.
long and 20 ft. wide. He further advised that if the City approves this plan, he can build a
three story building with at least four units on his property and sell it off.
Chairperson McNeely summarized the audience comments. Vice Chairperson Russell
summarized that multi - family use is approved at the corner and to the south, the area is
zoned C -1 which needs to be rezoned R -1 to make it compatible with the neighborhood;
the main issue is compatibility; multi - family use should not encroach any further into this
established and unique single family neighborhood, with existing residence that
purchased their home to live in this single family area. Donald Dunn, Board member,
agreed with Vice Chairperson Russell.
John Johanson, Petitioner, rebutted a few of the audience comments. He explained that
50% coverage of the site is allowed by code, he only proposed 22 -23% coverage; the lot
is zoned commercial, not R -1 single family; the units will be an average of 1,900 sq. ft.
with an average selling price of $400,000, which would not detract from the
neighborhood; the developer will install heavy landscaping; the code allows a density of
6 units, only proposing 3 units; the developer is not trying to negatively impact the
neighborhood; it is not financially feasible to construct a single family residence on this
lot; there is no plan to build commercial at this time because residential use would be the
best option.
Judith Lowe, 211 Coral Drive, commented that the property has been vacant and zoned
commercial since the early 1960's; anyone who performs a demographic survey would
see that commercial is not feasible at that location. She asked that the City rezone the
property to R -1 single family residential, as it was intended to be, and make it compatible
with the neighborhood and adjacent properties. (The audience applauded in agreement
with her comments.)
Planning & Zoning Bo.
Meeting Minutes
January 25, 2006
Page 5
Following discussion the Board members concluded that:
1. A special exception is not a vested right. It is a speculation on obtaining
special use permission.
2. This is an established, unique neighborhood of single family, one story
homes.
3. The main criteria for a special exception is neighboring compatibility.
4. This is not a compatible use.
Motion by Lamar Russell, seconded by Donald Dunn to recommend denial of the special
exception request because it is not compatible with the surrounding use. Vote on the
motion carried unanimously.
4. Recommendation to the Board of Adjustment - Special Exception Request No.
05 -16 to Allow On- Premise Consumption of Alcoholic Beverages - Section 15,
Township 24 South, Range 37 East, Parcel 25, (8959 Astronaut Boulevard) -
A1A Acquisition Group Ltd, LLP, Petitioners.
Todd Peetz, City Planner, advised that a hotel is exempt from the 2,000 ft. distance
requirement from other like establishments.
Patrick Looney, representative for the Petitioner, testified that the alcoholic beverages
would be served in the bar, restaurant, and patio area. He advised that the hotel will
provide a complimentary breakfast; the restaurant would not be open for lunch or dinner;
there will be a complimentary social hour for their guests with free drinks and
horsd'oeuvres from 5:30 -7:30 p.m.
The Board members reviewed the submitted site plan depicting the areas where the
alcoholic beverages will be served. Discussion followed. Todd Morley, Building Official,
verified that the area where the alcoholic beverages would be provided consisted of a
total of 18 seats. Todd Morley read a letter from John and Blanche Petrovic, residents,
8954 Puerto Del Rio Drive, opposing the request. Pat Looney, representative for the
Petitioner, rebutted to the letter explaining that the bar is to primarily serve the hotel
guests as an added amenity; there would be no advertising signage inside or outside the
bar; and the use will keep hotel guests from driving to drink somewhere else. Brief
discussion followed.
Motion by Lamar Russell, seconded by Harry Pearson, to recommend approval of
Special Exception Request No. 05 -16 to the Board of Adjustment. Vote on the motion
carried unanimously.
5. Discussion Re: Tourism in the C -1 Zoning District.
Todd Peetz, City Planner, advised that a special workshop meeting has been scheduled
with the City Council, Planning & Zoning Board, and Business Cultural and Development
Board on January 31, 2005 at 5:30 p.m. to discuss this issue.
• •
Planning & Zoning Board
Meeting Minutes
January 25, 2006
Page 6
OPEN DISCUSSION
Vice Chairperson Russell requested a discussion item be placed on the next agenda for
a zoning ordinance change to rezone the three lots in the Harbor Heights West
Subdivision on Sea Shell Lane from C -1 to R -1.
John Fredrickson questioned a motion made at the last meeting regarding removing
residential from N. Atlantic Avenue. Chairperson McNeely advised that residential
already exists on N. Atlantic Avenue and had voted against that motion. Vice
Chairperson Russell advised that there are large vacant parcels that are zoned
commercial that can be built as residential if the City continues to allow special
exceptions for residential use. He advised that additional residential will continue to add
to the existing traffic congestion on N. Atlantic Avenue. Beth Foy, Board member of the
Business and Cultural Development Board, announced that the Board unanimously
agreed that all residential in commercial should be stopped. She advised that they were
looking into hiring a consultant to review allowable uses in C -1, and make suggestions
for the City to manage the commercial corridor. Discussion continued.
There being no further business, the meeting was adjourned at 9:42 p.m.
e-.
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ea McNeely, Chairpers