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HomeMy WebLinkAbout07-12-2006 Regular MeetingPLANNING & ZONING BOARD • MEETING MINUTES JULY 12, 2006 A Regular Meeting of the Planning & Zoning Board was held on July 12, 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. 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 Rocky Randels Robert Hoog Todd Morley Secretary City Planner Assistant City Attorney Mayor Mayor Pro Tem Building Official John Johanson declared a conflict of interest on the last two agenda items. NEW BUSINESS: 1. Approval of Meeting Minutes: June 14, 2006. Motion by Harry Pearson, seconded by John Fredrickson, to approve the meeting minutes of June 14, 2006. Vote on the motion carried unanimously. 2. Recommendation to the Board of Adjustment Re: Special Exception Request No. 06 -05 to Allow Storage of Liquefied Petroleum Products in the M -1 Zoning District, Sections 11 & 14, Township 24 South, Range 37 East, Parcels 15 & 271, (8817 N. Atlantic Avenue) - Craig E. Smith, Designated Agent for Coastal Terminals, LLC, Petitioner. Chairperson McNeely read the agenda item for the record. Todd Peetz, City Planner, advised that the applicant withdrew the request from the agenda. Chairperson McNeely voiced her opinion that the property owners should be re- notified. Brief discussion followed. Motion by John Fredrickson, seconded by Donald Dunn, to require the applicant to re- notify the property owners. Discussion followed. Kate Latorre, Assistant City Attorney, advised that she needed to research whether the Board has a legal authority to require the applicant to re- notify the property owners. Motion by Donald Dunn, seconded by Lamar Russell, to withdraw the motion. By consensus, the Board members agreed. Discussion followed. Todd Peetz, City Planner, explained the notification process. Planning & Zoning Boa" Meeting Minutes July 12, 2006 Page 2 Lamar Russell questioned if the applicant gave a good reason to postpone the request. He voiced his opinion that it may be a tactic played by the applicant to confuse the residents. City staff advised that there was no reason received by the applicant. Kate Latorre, Assistant City Attorney, advised that technically a motion to postpone is not required. She advised that she will research the notification requirement and report back to staff. Discussion continued. Mark Morris, resident of Solana Lakes, advised that over half of the Solana Lakes residents are not in the area this time of year. He advised that the proposed expansion would be within 150 feet of his front door. He advised that only owners within 300 feet received notification. Todd Morley, Building Official, advised that the notification requirement is 500 feet. Discussion followed. Todd Peetz, City Planner, advised that the names and addresses were provided by the Brevard County Property Appraiser's office. The Board members reviewed the submitted map of properties and verified that the map included all property owners within 500 feet. Discussion continued. Kate Latorre, Assistant City Attorney, advised that the City can only make the applicant pay for what the code requires, unless the applicant voluntarily agrees. She verified that the public has the right to speak at any public meeting. Discussion continued regarding the notification process and requirements. The Honorable Mayor Randels advised that the City staff notified over 100 people that this agenda item was withdrawn from the agenda. Motion by Lamar Russell, seconded by Donald Dunn, that item #2 be removed from the agenda; and the applicant be required to re -apply and re- notify all the adjacent property owners, including all owners of common properties. Discussion followed. By consensus, the Board agreed that the motion be withdrawn. Discussion followed. Motion by Lamar Russell, seconded by Harry Pearson, to place a discussion item on the next agenda on how to proceed on the legal points of notification and re- application for this item. Discussion followed. Todd Morley, Building Official, advised that he spoke with Craig Smith last Friday and he said that he is willing to re- notify the property owners. A citizen voiced his opinion that if the applicant did not follow protocol, then he should be required to start the process over. Vote on the motion carried unanimously. After all the other agenda items were heard and acted on Kate Latorre, Assistant City Attorney, advised that additional information was provided to her by staff and she had the opportunity to research the notification requirements. Since it was 10:00, by consensus, the Board members agreed to extend the meeting time until 10:15. Kate Latorre, Assistant City Attorney explained that the notification to the property owners is a courtesy notice by code, and the City can not require the applicant to re- notify the owners. She further explained that the applicant can willingly re- notify the property owners and pay for the legal advertisement. Susan Chapman, Board Secretary, advised that in an effort to notify the property owners of the applicant's request, notices were placed in the City Hall lobby, City Hall Annex, on the City web -site, and a legal ad posted in the newspaper, that was published this meeting date, advising the public that this item was withdrawn from the agenda by the applicant and rescheduled for August 9th. Discussion followed. Kate Latorre, Assistant City Attorney, requested that the Board agree to allow staff to continue encouraging the applicant to re- notify the property owners and hear the request on August 9th. • • Planning & Zoning Board Meeting Minutes July 12, 2006 Page 3 Motion by Lamar Russell, seconded by Donald Dunn, to withdraw the previous motion and remove the discussion item from the next meeting agenda. Vote on the motion carried by a (4) to (1) majority vote, with members voting as follows: Donald Dunn, for; John Fredrickson, against; Bea McNeely, for; Harry Pearson, for; and Lamar Russell, for. 3. Recommendation to the Board of Adjustment Re: Special Exception Request No. 06 -04 to Allow Outside Storage of Recreational Vehicles, Trailers and Trailerable Items in the C -2 Zoning District, Section 15, Township 24 South Range 37 East, West Portion of Parcel 760, (200 W. Central Boulevard) - Ahmad and Abulqhasem Nasaipour, Petitioners. Todd Peetz, City Planner, advised that this agenda item was postponed at the last meeting, for additional information. He described the property location, and verified that the additional information requested by the Board was received. He read the checklist for the record. The Board members reviewed the submitted landscape and screening plan. Chairperson McNeely commented that some of the existing outside storage facilities in the City were unsightly. She requested the applicant provide a list of how many plants would be planted, what kind of plants, and how many. John Fredrickson questioned if the City planned to install sidewalks along the property. The Honorable Mayor Randels responded that the area was not part of the planned sidewalks. He commented that the boat storage facility would not be placed in the setback anyhow. Vice Chairperson Russell pointed out that outside storage facilities have buffering requirements all the way around the area (on all sides). Todd Peetz, City Planner, read the buffering requirements for the record, and noted that the fence along the road right of way could not exceed 4 ft. in height. Mr. Nasajpour, the Petitioner, commented that there is a need for boat storage. He advised that a 6 ft. high chain link fence will be installed on the east side, and a 4 ft. high chain link fence on the road frontage and along the sides that are within the 25 ft. setback; and two drive thru gates would also be installed. The Board members reviewed and discussed the placement of the two proposed gates. Mr. Botts, the potential lessee, outlined from a resubmitted drawing, the various areas where Oak and Palm Trees would be planted; the lighting plan; placement of the gates and fencing; number of parking spaces and how they would be marked; and access points. Mr. Botts verified that there would be 54 or 55 parking spaces, no on site maintenance, and no fish cleaning. Discussion followed. Kate Latorre, Assistant City Attorney, verified that there is sufficient representation of the property area for this request. Planning & Zoning Bo. Meeting Minutes July 12, 2006 Page 4 Motion by Lamar Russell, seconded by Harry Pearson, to recommend approval of the Special Exception Request No. 06 -04 to the Board of Adjustment, with the following conditions: • Security fence on all sides. • Screening on all sides composed of greenery on the outside of the fence. • All boats shall be on licensed movable trailers. • Lighting shall meet all code requirements. • All parking places shall be designated with lasting markers. • The number of parking spaces is limited to 54 and must meet all code requirements. • Maintenance and repair is prohibited. Discussion followed. By consensus, the Board members agreed to all the recommended conditions. Discussion followed. Vote on the motion carried unanimously. Vice Chairperson Russell reiterated the conditions to the applicant, and explained that if any of the conditions are violated the special exception may be revoked. 4. Recommendation to City Council Re: Site Plan Approval for an Office Building and Mini - Storage Building, 400 Imperial Blvd - Arthur Berger, Applicant. Todd Peetz, City Planner, gave an overview of the proposed site plan. He advised that staff reviewed the site plan and recommended approval. The Board members reviewed the site plan and landscape plan. Arthur Berger, applicant, advised that he would meet all code requirements. Discussion was held regarding the types of trees selected and the City code requirements. Discussion was held regarding stormwater retention and run off. Arthur Berger advised that the property owner has agreed to work with the City on stormwater improvements along the Canaveral River which abuts the property. Mr. Berger noted that the site plan approval included a future building footprint and stated that the property owner is aware that he will need to come in with a new site plan for the future building and site. Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of the site plan. Vote on the motion carried unanimously. Planning & Zoning Boa Meeting Minutes July 12, 2006 Page 5 5. Recommendation to City Council Re: Final Replat of Villagio Townhomes - Replat of Lots 1, 2 and 3, Block 1, Avon by the Sea Subdivision - (Washington Avenue) - Ron Wallen, Applicant. Todd Peetz, City Planner, advised that the project was previously named Casa Bonita. Mr. Peetz gave an overview of the final replat, and noted that the project was almost completed. He advised that staff had reviewed the final replat and had no comments. David Welsch, property owner, answered the Board members various questions. Motion by Lamar Russell, seconded by Donald Dunn, to recommend approval of the final replat. Vote on the motion carried unanimously. 6. Recommendation to City Council Re: Preliminary Replat of Laws Townhomes, - Lot 5, Block 69, Avon by the Sea, (Lincoln Avenue) - James E. Morgan, Applicant. Todd Peetz, City Planner, gave an overview of the preliminary replat. He advised that Todd Morley, Building Official, spoke with the applicant about the project prior to the moratorium, and since the project is considered a work in progress, the applicant can go forward with the project without being effected by the moratorium. He noted that the property has been utilized as residential. Discussion was held regarding the comment from the Public Works Director regarding easements. Todd Peetz verified that all the easements are shown on the preliminary replat. Motion by Lamar Russell, seconded by John Fredrickson, to recommend approval of the preliminary replat. Vote on the motion carried unanimously. There being no further business the meeting was adjourned at 10:12 p.m. Susan L. Chapman, Secretary ea McNeely, Chairperson • • I FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS -LAST NAME -FIRST NAME - MIDDLE tip: 5 A: ® q c`e.t- MAILING ADDRESS 3/0 Adta /n.5 pLI €. CRY Ceti e L ek .-i.1 DATE ON WVICH VO D 7/ "a ® 6 couvrY enaea-f-c1 NAM OF SOARO, COUNT.. COMMISSION, AUTHORITY, ORS P 4v 1..& # X41, 7? 411 e_ �• TIM BOARD, =INCR., COMMISSION, AUTHORITY OR GMAT-ME ON 1SRVEIS AUNIT OF: )(CITY NAME OF POLMCALsuBDMSION: Cez Cam. eta D COUNTY D OTHER LOCAL AGENCY MY POSffiON IS: O ELECfiVE ¥ APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or oar 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 ctose attention to the instructions on this form before completing the reverse side and tiling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local pub 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- re which inures to the special gain or toss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidy 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 toss 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 tow, a 'relative* includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother -in -taw, 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 fisted on any national or regional stock exchange). • • • • • • • • ELECTED OFFICERS: in addition to abstaining from voting in the situations described above, you must disuse 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 situatkins 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 responsbte for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 — EFF. 1/2000 PAGE 1 IAPPOINTED 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 Wed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must dish 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 tiled. DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on k L y (a) A measure came or will come before my agency which (check one) inured to my special private gain or toss; inured to the special gain or loss of my busing associate, ©r94 -1 , 20 rp 6 inured to the special gain or loss of my relative, inured to the special gain or bin 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 whin has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: (LJ av-d k. 1.4es5 2r� , Fi not gep Jca,L o'r r0 DWG► -es I4 et \ 461 e ) i %.4.a./.7 gel / - of L..cws ow4414 vises N1 y f er4 A e.r _J riAA M o.r cz-k c G eLc. e1-4 Ctv iA 4 s` ‹ 4 ems- d,k. -1 L e s e. tw v p (DJ' ec .-/...,t: 1 LA>,e ,na TA4ore,ff i' E£ %".Qr O. e c 74a /0 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 010,000. CE FORM 8B - EFF. 112000 PAGE 2