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HomeMy WebLinkAbout02-22-2006 Regular MeetingID PLANNING & ZONING BOARD • MEETING MINUTES FEBRUARY 22, 2006 A Regular Meeting of the Planning & Zoning Board was held on February 22, 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 Kate Latorre, Assistant City Attorney. John Johanson stated for the record that he submitted a form to the Board Secretary declaring a conflict of interest on agended items 2 and 7. He advised that he would not participate in discussion or motions regarding those items. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1st Alternate OTHERS PRESENT Susan Chapman Todd Peetz Kate Latorre Robert Hoog NEW BUSINESS: Secretary City Planner Assistant City Attorney Mayor Pro Tem 1. Approval of Meeting Minutes: February 8, 2006. Motion by Lamar Russell, seconded by Donald Dunn to approve the meeting minutes of February 8, 2006, as corrected. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Preliminary Replat of Villagio Del Mar - Block 6, Lots 1 & 2, Avon by the Sea, (Washington Avenue) - Ronald Wallen, Applicant. Todd Peetz, City Planner, made a few corrections to his written report. He advised that this request was for a preliminary replat; the property is located on the south side of Washington Avenue, on .3 acres; the developer is proposing to replat two existing lots into three townhouse lots; the property is surrounded by multi - family residential; the property is zoned R -3. He gave an overview of the lot dimensions. He noted that the Public Works Director has requested all existing easements to be vacated. David Welsch, Developer, advised that the development will be developed similar to the surrounding structures; he also owns the vacant lot to the south, but not the lot to the east; he is proposing to construct three townhouse units on lots 1 & 2. Ronald Wallen, Applicant, verified that there are no existing easements. He referred to note #7 on the submitted plat. Brief discussion followed. • • Planning & Zoning Board Meeting Minutes February 22, 2006 Page 2 Motion by Chairperson McNeely, seconded by Harry Pearson, to recommend approval of the Preliminary Replat of Villagio Del Mar. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: C -1 Moratorium Ordinance for Residential Special Exceptions (R -2) on A1A - Kate Latorre, Assistant Citv Attorney. Kate Latorre, Assistant City Attorney, advised that this proposed ordinance extends the current moratorium date to September 30, 2006. Lamar Russell, Vice Chairperson, advised that this time extension allows the Business and Cultural Development Board to perform their study. Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of the proposed Ordinance to extend the time of the moratorium, as presented. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Transportation Access Management Ordinance - Todd Peetz, City Planner. Todd Peetz, City Planner, advised that this Ordinance was a result of the Transportation Access Study Report. The Board members reviewed the draft Ordinance. Todd Peetz read and explained new code Sections 110 -600 through 110 -604. Discussion was held regarding: service connection roads, and the maintenance responsibility of them. Lamar Russell, Vice Chairperson, suggested that maintenance standards be established and added to the proposed Ordinance. The Board further discussed creating distance requirements from the main roads. Review and discussion continued regarding deceleration lanes and turning lanes. The Board further suggested that enforcement provisions be established. Todd Peetz offered to research other City's codes as to how they enforce similar ordinances. Motion by Lamar Russell, seconded by Donald Dunn, to postpone this agenda item until the next meeting to allow staff and the Board time to work on the proposed Ordinance. Vote on the motion carried unanimously. 5. Recommendation to City Council Re: Changes to Chapter 110, Sections 87 -108 - Todd Peetz, City Planner. Kate Latorre, Assistant City Attorney, gave an overview of the proposed Ordinance. She advised that the Ordinance is a verbatim of the language provided by the Building Official. Brief discussion followed. Motion by Lamar Russell, seconded by John Fredrickson to recommend approval of the proposed Ordinance, as presented. Vote on the motion carried unanimously. Planning & Zoning Bo. Meeting Minutes February 22, 2006 Page 3 6. Discussion Re: Residential Use in the C -1 Zoning District - Todd Peetz, City Planner. Todd Peetz, City Planner, advised that this agenda item is a result of a City Council workshop held on January 31, 2006. He explained that if the City were to discontinue special exceptions in commercial, there are a number of properties that will be impacted; the idea of the conversation with City Council is to understand some of those impacts and how the City should address them; some of the comments were to administratively rezone existing residential uses in the C -1 zoning district to residential; and to look at a mixed -use district along the presidential streets where residential may be appropriate. Chairperson McNeely explained that if the applicant met certain criteria then they were entitled to the special exception. She suggested that additional criteria be added, such as: maximum 10 units per acre, increase square footage, and increase minimum lot sizes. She reviewed suggestions for added criteria that were suggested by Todd Peetz. Vice Chairperson Russell advised that the definition of mixed -use would need to be redefined. Discussion was held regarding density; possibility of creating a new zoning district; and rezoning certain properties where there currently exist residential uses in the C -1 zoning district. The Board members reviewed City maps provided by Todd Peetz depicting the existing uses. Donald Dunn voiced his opinion the special exceptions for residential use along A1A should be eliminated. He advised that if a property owner wants to develop his property from commercial to residential then he should need to go through the rezoning process. John Fredrickson commented that there are some deep lots zoned C -1 that are not conducive to commercial use. Further discussion was held regarding the character of N. Atlantic Avenue being changed as a result of granted special exceptions for residential use and therefore, N. Atlantic Avenue is no longer considered a commercial district; defining more restrictive criteria for compatibility and transition zones; extend buffering and setback criteria between commercial and residential adjacent uses; allowing residential in commercial not by special exception but, as a permissible use by meeting certain criteria. Councilman Robert Hoog advised that the problem is not criteria. He advised that the City allows R -2 in C -1 by special exception. He pointed out that some developments are built 5 to 6 units per acre. He voiced his opinion that the problem is that residents do not like the commercial uses next door to where they live because, the commercial uses are infringing on their privacy. He advised that if someone wants to build residential and the commercial zone, they should need to go through the rezoning and a Comprehensive Plan change. He commented that special exceptions are not good for the City and should not be allowed. He explained that if a business is allowed in the C -1 zone, they have every right to be there. He voiced his opinion that the City is wrong in allowing residential next to commercial. He suggested that there should be a 300 ft. setback requirement on A1A before allowing residential. Following discussion, by consensus of the Board members, this agenda item should not be placed on the next agenda. The Board may revisit this issue in the future. • • Planning & Zoning Board Meeting Minutes February 22, 2006 Page 4 7. Discussion Re: Changing C -1 Zoning to R -1 Zoning on Lots 2 & 3, Harbor Heights West Subdivision - Todd Peetz, City Planner. Todd Peetz, City Planner, gave an overview of the Board of Adjustment meeting where the Board postponed the Special Exception request until March 13th to allow the property owner time to work with the City to possibly allow the City to purchase the property. Joe Ross, 227 Coral Drive, advised that City code Section 110 -331, is intended for commercial uses to be located on major arterial streets. He commented that Sea Shell Lane did not meet that requirement. He read portions of the Planning & Zoning Board Minutes of May 22, 2002, regarding Special Exception Request No. 02 -07; and Planning & Zoning Board Minutes of January 26, 2006, regarding Special Exception Request No. 05 -15. He noted that 12 residents spoke to the Board about their concerns. He read the Board's motion recommending denial of the Special Exception. He gave his 50 year vision of the City, where the South end and North end of the City would be parking lots with busses running in between them to pick up and drop off residents because of the traffic situation. Judith Lau, 211 Coral Drive, advised that the property was in litigation for 10 years. She questioned if multi - family belongs in a single family residential neighborhood. She suggested that the City do what's right and rezone the property to R -1. She commented that some residents choose not to live in a multi - family neighborhood. Following discussion, the Board determined that the Board of Adjustment and City Council should first make their decisions to work with the property owner. Motion by Chairperson McNeely, seconded by Donald Dunn, that this item not be placed on the next agenda because the Board has already made its recommendation regarding this property. Vote on the motion carried unanimously. OPEN DISCUSSION John Fredrickson asked what happened with the issue on short -term rentals. Kate Latorre, Assistant City Attorney, responded that the City Attorney is working on a draft Ordinance. Donald Dunn inquired as to the status of a new City Hall. Councilman Hoog responded that the City Manager was directed by City Council to make an offer on the Stott ler Stagg building for the Sheriff to move into. Then the Annex building could be renovated for the new City Hall. There being no further business, the meeting was adjourned at 10:00 p.m. 9 Bea McNeely, Chairper n Susan L. Chap'mar, 8-66f-et • 1 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS "' -. A pSS NIlA__ME -FIRST NAME -Mi D NAME M AIUNO ADDRESS 3/o tqC1404 r CITY o e- 6e't ( ��s COUNTY 1,1�� DATE ON ICH VO OCCURRED 7a7 D 6 NAME OF BOARD, COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE 10244.01. oA of,4 L? ,— THE BOARD, COUNCIL. COMMISSION. AUTHOICITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: )(CITY ❑ COUNTY NAME OF POLITICAL SUBDIVISION: ❑ OTHER LOCAL AGENCY MY POSITION IS ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointedi 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 lures to his or her special private gain or Toss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- 3ure 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. 'c YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE AKEN: • 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) GE 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 the 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 J C. J r) )A. Yo A_ , hereby disclose that on °d f �- ,20 ®6: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; N( /1 f $� "-as ����F� inured to the special gain or loss of my business associate, ° ' r"`' e �'°�g J � ., inured to the special gain or loss of my relative, inured to the special gain or loss of , by whom 1 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: F s + -e.4A 7•/ iRe f e(ai b, 1s 1 del e w) -Ftt. e p ic..m.i,+4 pc." er+-t Date Filed .'-. Sig .1, ;1�e✓- 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. GE FORM BB - EFF.1/2000 PAGE 2 • • I FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS BAST N —FIRST NAME -- MIDDLE NAME MAILING ADDRESS 3/b i� d�>•�s ✓ . CITY COUNTY Coy e C IAA v e- �c (l �= �, F i0.t,.P DATE ON WHICH VOTh OCCURRED NAPfE OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE THE BOARD, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: C nY 13 COUNTY 13 OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION 1S: 13 ELECTIVE ACIAPPOINTIVE WHO MUST FILE 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 lures 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 lass 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). t 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. t e t i APPOINTED OFFICERS: t w a x 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. *c YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE AKEN: • 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 0 " r �" i°L-4, 5 e. �- ,hereby disclose that on �� `� 20 6 (a) A measure came or will come before my agency which (check one) K- inured 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, inured to the special gain or lass of , by whom I am retained; or inured to the special gain or lass 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: Pew 7J1/) ess -2--free., 7) emge- C- -f' R-1) Nacptbe'.r Haf94 -+; 14}e t, e v ' e 7 t - 1 / 3 E , 0 + a 2 r ®f eJ- Y- y Date Filed ®f3 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 88 - EFF. 1/2000 PAGE 2