Loading...
HomeMy WebLinkAbout02-08-2006 Regular MeetingPLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 8, 2006 A Regular Meeting of the Planning & Zoning Board was held on February 8, 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. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1st Alternate OTHERS PRESENT Duree Alexander Todd Peetz Anthony Garganese Robert Hoog Leo Nicholas Bennett Boucher Earl McMillin Catherine Barnes Recording Secretary City Planner City Attorney Mayor Pro Tem Council Member City Manager Board of Adjustment Chairperson Board of Adjustment Member Chairperson McNeely introduced and welcomed John Johanson to the Board as a new member. NEW BUSINESS: 1. Approval of Meeting Minutes: January 25, 2006. The Board members complimented the Board Secretary on the writing of the minutes. Motion by John Fredrickson, seconded by Donald Dunn to approve the meeting minutes of January 25, 2006. Vote on the motion carried unanimously. 2. Discussion Re: Changing C -1 Zoning to R -1 Zoning on Lots 2 & 3, Harbor Heights West Subdivision. Chairperson McNeely asked for competent substantial evidence as opposed to opinions. Todd Peetz, City Planner, explained that Lamar Russell had asked that this item be placed on the agenda regarding rezoning Lots 2 & 3, Harbor Heights West Subdivision. He advised that the special exception for this property was discussed at the last meeting. He gave an overview of the contents of the Board packet regarding this agenda item. He advised that since the last meeting, the property owner has met with the City staff regarding developing a four story, 45 ft. high office building, with approximately 11,000 sq. ft. of usable office space. Anthony Garganese, City Attorney, advised the under Florida law, Mr. Johanson was required to declare a voting conflict of interest because he was one of the property owners. He strongly suggested that Mr. Johanson also abstain from trying to influence the Board during discussion. Mr. Johanson stated for the record that he is partial owner of the property and agreed to abstain from voting and the discussion. • • Planning & Zoning Board Meeting Minutes February 8, 2006 Page 2 Chairperson McNeely gave an overview of the property. She questioned if the Board wished to move forward to recommend a Small Comprehensive Plan Amendment to rezone Lots 2 & 3 from C -1 (commercial) to R -1 (single family residential). Bennett Boucher, City Manager, advised that the City Council had held discussion at their last meeting regarding a concern about two specimen trees located on the Sea Shell Cay property. He noted that the Special Exception is being presented at the Board of Adjustment meeting next Monday night for the R -2 use on the Sea Shell Cay North property. Discussion was held regarding the City administratively rezoning the property. Vice Chairperson, Lamar Russell, commented that if the Board of Adjustment grants the request for R -2 use, than this issue is moot. He advised that the Board of Adjustment must consider commercial use of the property. He stated that the City should have rezoned these Tots to R -1 many years ago. He voiced his opinion that it doesn't make any sense to place multi - family in between two single family homes. He further voiced his opinion that a 45 ft. tall building is incompatible with residential use. He stated that the City should fix this by rezoning the property to R -1. He advised that the City's Comprehensive Plan strongly encourages single family residential. Chairperson McNeely advised that she attended the site plan pre - application meeting for a proposed commercial building on the Sea Shell Cay North property. She noted that some concerns were raised at the meeting including: aerial fire truck access; proposed interior corridors causing more of a fire threat than exterior corridors; parking; and a tree survey being required to identify specimen trees. Discussion followed regarding the fire department's concerns; and general site plan requirements. Additional discussion was held regarding the Board of Adjustment having the final decision on the Special Exception request to build multi - family residential. Anthony Garganese, City Attorney, pointed -out that if the Special Exception request is denied, the property owner is ready to go forward with a commercial use. Discussion continued. City Planner, Todd Peetz, advised that if the property is developed commercial, a traffic study, and a tree survey will be required. He noted that buffering will also be required. Discussion was held regarding a Small Scale Comprehensive Plan Amendment and re- zoning. Vice Chairperson Russell suggested that the Board wait for the outcome of the Board of Adjustment meeting. He suggested that this agenda item be postponed until the next meeting. Motion by Lamar Russell, seconded by Donald Dunn to postpone this agenda item until the next meeting. Vote on the motion carried unanimously. Planning & Zoning Boa'r'd Meeting Minutes February 8, 2006 Page 3 3. Discussion Re: Residential Use in the C -1 Zoning District. Todd Peetz, City Planner, gave an overview of the agenda item. Chairperson McNeely asked if the City was no longer going to all residential use along the A1A corridor, than what type of commercial use will be allowed? She commented that a business may come to the City that is not compatible. Discussion followed regarding establishing criteria such as: distance requirements, types of allowed businesses; and compatibility with surrounding uses. Further discussion was held regarding the City creating a 5 -year vision plan. The Board members voiced their opinions regarding the City continuing allowing special exceptions for residential use in the commercial zoning district along A1A & N. Atlantic Avenue. Discussion was held regarding identifying the remaining vacant lots. Bennett Boucher, City Manager, commented that the best thing the City can do is to have sufficient and compatible zoning districts. Todd Peetz, City Planner, gave an overview of requirements and criteria for both Small Scale and Large Scale Comprehensive Land Use Amendments. He suggested that this issue be placed on the next month's agenda for further discussion. OPEN DISCUSSION Bennett Boucher, City Manager, announced that on February 21, 2006, the City Council will continue to review Chapter 110. The meeting will begin at 5:00 p.m. There being no further business, the meeting was adjourned at 9:20 p.m. Susan L. -C-hap-man; - Secretary McNee y, Chairperson FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME— MIDDLE NAME '; ,n d. s O ..1_ 71, 4 .. T:111 wi eU.P NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE P 1 a v% 'A :.-.5 'If `z at. i .-� 9 7 aR,r d MAILING ADDRESS -3 CJ 04 6 . J Jel 'e THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: AktITY ❑ COUNTY O OTHER LOCAL AGENCY CITY CGr d e C.Aa 4Ae), Li e it COUNTY ( B e- e tr 4¢ C( NAME OF POLITICAL SUBDIVISION: DATE ON WHICH yOTE O CURRED `. g D 6 MY POSITION IS: ❑ ELECTIVE APPOINTIVE WHO MUST ALE FORM 8B This form is for use by any person serving at the county, city, or other local level of government 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 writing 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 the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on (a) A measure came or will come before my agency which (check one) Xinured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, feJrJAry U ,20°6 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: p7? Lt 3 rA c° j s ri c at-4 v15e #� c -ft, t Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §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