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HomeMy WebLinkAbout03-08-2006 Regular Meeting• • PLANNING & ZONING BOARD MEETING MINUTES MARCH 8, 2006 A Regular Meeting of the Planning & Zoning Board was held on March 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. All persons giving testimony were sworn in by Anthony Garganese, City Attorney. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson OTHERS PRESENT Chairperson Vice Chairperson 1st Alternate Susan Chapman Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro Tem NEW BUSINESS: 1. Approval of Meeting Minutes: February 22, 2006. Motion by Harry Pearson, seconded by Donald Dunn to approve the meeting minutes of February 22, 2006, as corrected. Vote on the motion carried unanimously. 2. Recommendation to the Board of Adjustment: Special Exception Request No. 06 -01 to Allow Residential Use in the C -1 Zoning District, Section 14, Township 24 South. Range 37 East. Lot D. Part of Lots A & C and Part of Tract A. CM Weston Subdivision. (8817 N. Atlantic Avenue) - Allen Engineering. Inc., Designated Agent for Don W. Applegate. Petitioner. Todd Peetz, City Planner, advised that the property is the existing South Gate Mobile Home Park, which is located South of Portside Villas, North of Sea Spray Condominiums, and industrial to the West; there are 93 to 95 existing mobile homes on the site; the Petitioner is proposing to construct 102 condominium units; and the property is zoned C -1. He advised that a traffic study will be required. Anthony Garganese, City Attorney, questioned the applicant if the owner had notified the residents of the mobile home park, per Florida Statute requirements. He noted a recent Florida Supreme Court Case and asked if the Board would consider tabling the item until he could read the Florida Statute and court case regarding the notification requirement. Scott Wiederman, the Petitioner's Attorney, responded that he did not believe notification was required at this point of the process. He assured that the required notices would be mailed to the residents at the appropriate time. Motion by Lamar Russell, seconded by Harry Pearson, to table this Special Exception Request temporarily. Vote on the motion carried unanimously. The Board went on to the next agenda item. • • Planning & Zoning Board Meeting Minutes March 8, 2006 Page 2 After the Board completed the action on the next agenda item a motion was made by Lamar Russell, seconded by Bea McNeely, to remove Special Exception Request No. 06 -01 from the table. Vote on the motion carried unanimously. Anthony Garganese, City Attorney, advised that it was appropriate for the Board to proceed with the Special Exception request at this time. He verified that notification requirements are not required at this point in the process for change of property use. Donald Dunn advised that he was not satisfied with the answers made by the applicant on the submitted application. He voiced his concern regarding the proposed ingress and egress on Anchorage Avenue and the traffic going onto N. Atlantic Avenue; there is also no deceleration lane or any turning lane proposed for those who turn right going south. He further voiced his concern that none of the residents were invited to voice their views regarding the request to change the use of the property from a trailer park to multi - family condominiums. John Allen, Designated Agent, responded that all the answers to the questions on the application are "yes ". He advised that the use of the road is needed to reduce the traffic on N. Atlantic Avenue, and there is an agreement to use the road. Harry Pearson commented that the applicant should not refer to the submitted drawings to answer the questions on the special exception worksheet. John Johanson questioned if the fire department's comments were addressed. John Allen responded that they will loop two of the streets to meet the fire department's requirement. He advised that they realize that there are many hurdles after the use is approved. He affirmed that every concern on the submitted preliminary site plan would be addressed during the site plan review process. He submitted a proposed site plan layout (Exhibit A). Discussion followed. Shannon Roberts, Business and Cultural Development Board member, stated for the record, that the Planning & Zoning Board should not recommend granting this request in the spirit of research being performed by the Business and Cultural Development Board, along with their recommendation that special exceptions for residential use in commercial be denied. She added that the existing trailer parks are a part of the City's heritage. David Langstrom, Villages of Seaport, questioned if this project would increase the existing traffic congestion on N. Atlantic Avenue. Todd Peet, City Planner, responded that there would be 10 to 12 additional units. Discussion followed regarding the increase of traffic on N. Atlantic and Anchorage Avenues. John Allen advised that as soon as the power poles are moved, N. Atlantic Avenue was scheduled to be widened to accommodate the existing traffic congestion. Discussion continued. Motion by John Fredrickson, seconded by Bea McNeely, to recommend approval of Special Exception Request No. 06 -01. Vote on the motion was as follows: Donald Dunn, against; John Fredrickson, for; Bea McNeely, for; Harry Pearson, against; Lamar Russell, against. John Allen asked the Board members for the rationale of the negative vote. Planning & Zoning Board Meeting Minutes March 8, 2006 Page 3 Donald Dunn advised that his reasons to vote against this request were as follows: Many questions on the application were not answered; he has some doubts regarding the ingress and egress on Anchorage Avenue, and the residents getting out onto N. Atlantic Avenue; and none of the residents were invited to voice their views about this request to change the use of the property from a trailer park to multi - family condominiums. Lamar Russell advised that his reasons to vote against this request were as follows: Waiting on this development would give the City a chance to get ahead of the traffic increase by reconstructing N. Atlantic Avenue; the City needs to address the constant uncertainty of whether or not a residential special exception will be granted (a speculation, not a vested right) by eliminating the residential special exception in the commercial zone, this constant flow of special exception requests would then stop. If different zoning is desired, then the applicant would then be requesting a straight forward zoning change. Harry Pearson commented that he agreed. He added that residential would be a good use for this property, but should go through the rezoning process. Bea McNeely advised that her reasons to vote for this request were as follows: The property already has an existing residential use and the request would add only a few additional units; the requested residential use is compatible with the surrounding residential area; the Petitioner presented a well thought out concept; the property already has access to N. Atlantic Avenue; the access concern by fire trucks were addressed by adding a looped road. She questioned why the applicant should do a time consuming and expensive rezoning process when the mechanism for a special exception is allowed by the City code for the same thing. John Johanson, alternate Board member, commented that the residential use already exists; the Petitioner is not asking to increase only a small number of units than what is existing; the project engineer is trying to minimize traffic on N. Atlantic Avenue by utilizing Anchorage Avenue. He questioned if the members who voted against this request would approve the use by the applicant rezoning the property, then why do they not consider this a good project today; special exceptions for residential use in the commercial zone has been allowed by the City Code for 20 years. John Fredrickson inquired if the Special Exception to construct condominiums to replace the existing Oak Manor Trailer Park was approved. Todd Peetz, City Planner, responded that the request was approved approximately five months ago. Lamar Russell stated that he has stopped granting special exceptions for residential use. Discussion followed regarding traffic on N. Atlantic Avenue. John Allen reiterated that N. Atlantic Avenue will be widened when the power poles are moved. Councilman Hoog advised that City Council approved a $95,000 engineering study from George King Boulevard to Central Boulevard. Planning & Zoning Board Meeting Minutes March 8, 2005 Page 4 3. Recommendation to the Board of Adjustment: Special Exception Request No. 06 -02 to Allow Residential Use in the C -1 Zoning District, Section 23, Township 24 South, Range 37 East, Lots 4-8, Block 1, Avon by the Sea Subdivision - (Washington Avenue) - Ken Wilson, Designated Agent for L. Joyce Carlton, Petitioner. Todd Peetz, City Planner, gave an overview of the request. He advised that the property is located on the southwest comer of Poinsetta and Washington Avenues, and surrounded by residential. He explained that the Petitioner was proposing to construct eight townhouse units in one building, but the length of the building exceeds the maximum length allowed by code, therefore, only seven units could be constructed. The Board members reviewed the submitted preliminary site plan. Ken Wilson, Designated Agent for the Petitioner, discussed the setback requirements. He stated that he was not aware of the 185 ft. maximum length requirement. Todd Peetz explained that he needs to reduce the length by 31 ft. He advised that the project is compatible with surrounding uses; the property will be nicely landscaped; commercial would not be compatible with the surrounding uses; he has performed a tree survey; the property has one 27" Oak tree that may need to be removed; the project will have a Homeowners Association; the project is townhomes, not condominiums. He verified that he wants the Special Exception to run with the property. Bea McNeely, Chairperson, suggested that the front entrances be placed closer to the street to make the project look nicer. Shannon Roberts, Business and Cultural Development Board Member, questioned if the surrounding residents were notified of this Request. The Board Secretary verified that proper notices were sent in compliance with the City Code. Ms. Roberts asked if the City is still approving Special Exceptions in the C -1 zoning district. Lamar Russell clarified that this request is for residential use in the C -1 zoning district. He stated that it is time to stop granting Special Exceptions for residential in commercial. He advised that if a property wants residential in commercial then they should rezone. Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of Special Exception Request No. 06 -02 to the. Board of Adjustment. Vote on the Motion was as follows: Donald Dunn, for; John Fredrickson, for; Bea McNeely, for; Harry Pearson, for; and Lamar Russell, against. Motion passed 4 to 1 vote. 4. Discussion Re: Evaluation and Appraisal Report Process - Todd Peetz. City Planner. Todd Peetz, City Planner, provided a time line and proposed process for community involvement for the Evaluation and Appraisal Report (EAR). • Planning & Zoning Board Meeting Minutes March 8, 2006 Page 5 The timeline outlined three workshops that would have an informal set -up. The key plan elements would be set -up and arranged in different parts of the room. It would be an open door format from 5:00 to 8:00 p.m. where people could provide input at each station. They would be asked to provide three to five things they like about the issue at hand and three to five things they least liked about the issue. Then they would move on to the next topic and provide input. The various volunteer City Boards were encouraged to be made aware of the meetings so they could provide input and have questions that they would like to get feedback on. The schedule discussed was as follows: 1st workshop - May 2006 - Community Information Gathering 2nd workshop - September /October 2006 - Provide then and now data (1999- 2006) 3rd workshop - January/February 2007 - Provide draft of proposed changes for public comment and feedback. March /April 2007 - P & Z approval June /July 2007 - City Council approval August 2007 - EAR due to DCA There being no further business, the meeting was adjourned at 9:57p.m. Susan L. Chapman;" S re ary Bea McNeely, Chairperson