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HomeMy WebLinkAbout11-29-2006 Regular Meeting• PLANNING & ZONING BOARD • MEETING MINUTES NOVEMBER 29, 2006 A Regular Meeting of the Planning & Zoning Board was held on November 29, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. 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 Robert Hoog Shannon Roberts Todd Morley Kate Latorre Todd Peetz Duree Alexander NEW BUSINESS Mayor Pro Tem Council Member Building Official Assistant City Attorney City Planner Acting Secretary 1. Discussion Re: Special Exception Applicant Review Checklist -Todd Peetz, City Planner. Todd Peetz, City Planner, stated that at the November 8, 2006 meeting a revised draft of the Special Exception Review Checklist was handed out and discussed; as a result, the Board requested the item be placed on the next available agenda for further discussion. There was a brief discussion regarding who would be completing the checklist form. Todd Peetz, City Planner, suggested that the checklist could be used in a pre - application meeting with the applicant(s). The pre - application meeting would be held with the applicant prior to the Board meeting to review all forms, and answer any questions prior to the meeting. Kate Latorre, Assistant City Attorney, informed the members that to implement a pre - application meeting would require a code amendment. 1 Planning & Zoning Aid Meeting Minutes November 30, 2006 Page 2 John Johanson, Board Member, suggested that "In detail" be added to the first paragraph second sentence to the last, to read "The questions should be answered in detail as if the project is already completed and operating ". There was discussion by the Board regarding item (1) Noise as follows; how to determine the amount of noise permitted; define what amount of noise would be allowed and how to measure the amount of noise allowed. There was discussion regarding the approval process as follows; how the seven established factors in the code relate to the checklist; provide guidance into how to consider recommendation or approval of a Special Exception; and how to incorporate the checklist into the application packet. Motion by Harry Pearson, seconded by Lamar Russell, to adopt the Special Exception Review Checklist, as amended. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Proposed Ordinance Amending Alcoholic Beverage Regulations - Anthony Garganese, City Attorney. Todd Peetz, City Planner, provided an overview of the proposed Ordinance. He explained that there are City codes that are in need of updating for consistency with other parts of the code. The first being the ability to have a special exception for alcohol in the C -2 zoning district. He explained that there are C -2 zoning districts located on the water and the concern is that the current code would allow a property owner to operate a restaurant at this location and to seek a special exception to serve alcoholic beverages on the water. This would not be in keeping with the character of the area. The proposed ordinance would not allow establishments that sell alcoholic beverages within 300 feet of the Atlantic Ocean or the Banana River shoreline. There was discussion regarding clarification of the language used to determine the distance the establishment would be required to be located from the shoreline. The boundary of the use, not the boundary of the establishment. Kate Latorre, Assistant City Attorney, suggested adding language to page 2, paragraph (1) last line, "to include the shoreline of the Banana River and Atlantic Coast" to maintain consistency through the ordinance. John Johanson, Board Member, suggested that paragraph (1) on page 2, be divided into two sub - paragraphs (1) (a) & (1) (b) addressing churches, schools, and playgrounds in one Section and the Banana River, and Atlantic Coast shoreline in the other Section. A brief discussion followed. 2 Planning & Zoningd Meeting Minutes November 30, 2006 Page 3 Motion by Donald Dunn, seconded by Harry Pearson, to make a recommendation to approve the Ordinance with the proposed changes as discussed. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: Proposed Ordinance Appealing Hotel /Motels on 12,000 square foot lots - Anthony Garganese, City Attorney. Todd Peetz, City Planner, provided an overview of the proposed ordinance. He stated that hotels must be a minimum of 150 units, with the maximum density of 30 units to the acre, which would not fit on a 12,000 square foot lot. The ordinance is simply repealing the phrase "Hotels and Motels" from Section 110 -336 (1) (a), for consistency with other provisions of the code. Motion by Lamar Russell, seconded by Donald Dunn, to recommend the Ordinance to the City Council for approval. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Proposed Ordinance Amending All Zoning Districts to Allow Public Parks and Utilities as Permitted Uses - Anthony Garganese, City Attorney. Todd Peetz, City Planner, provided an overview of the proposed ordinance, which allows public parks and utilities as a permitted use in all zoning districts, appealing the requirement for a special exception. He stated that there are certain utilities that the City needs to provide for the health, safety and welfare of the public and this is an add encumbrance to the City to obtain the special exception. There was a brief discussion. Motion by Lamar Russell, seconded by Harry Pearson, to recommend the Ordinance for approval to the City Council. Vote on the motion carried unanimously. 5. Discussion - Request Direction to Staff on the Use of Liquefied Petroleum - Todd Peetz, City Planner Todd Morley, Building Official, asked the Board for direction regarding possibly creating an ordinance to regulate the storage of liquefied petroleum gas, which is currently being stored in all zoning districts. He stated that the current fire codes stringently regulate liquefied petroleum. He suggested that possibly the Board would consider adopting additional regulations regarding zoning, for example, in residential districts you may store liquefied petroleum as long as you meet the fire code regulations, limiting the amount of liquefied petroleum to under a 1,000 gallons before 3 Planning & Zoning Alkd Meeting Minutes November 30, 2006 Page 4 having to obtain a Special Exception. He stated that none of the residential districts allow storage in excess of the 3,000 gallons on any one lot. There was discussion by the Board. The Board suggested the following changes regulating liquefied petroleum; strike the words "Established Fire District" from Chapter 110- 354, (c) (6) and add "shall not be allowed "; address the storage of liquefied petroleum in the C -1 & C -2 zoning districts to allow up to a maximum of 1,000 gallon storage by Special Exception; address the storage of liquefied petroleum in the M -1 zoning districts to allow up to a maximum of 3,000 gallons and strike "above ground storage" in chapter 110 -354, (c) (6); provide a definition of liquefied petroleum and remove all references to the "Established Fire Districts" in all other zoning districts. Motion by Lamar Russell, seconded by Bea McNealy, to recommend to the City Council to codify the Special Exceptions for the C -1 and C -2 zoning districts; storage not to exceed 1,000 gallons; M -1 zoning district remove paragraph (6) page 25, and change the last sentence under paragraph (6) to read storage of LP in excess of 3000 gallons is prohibited; and request an additional draft Ordinance specifying exempt quantities of storage of liquefied petroleum products in all zoning districts. Vote on the motion carried unanimously. 5. Discussion and Motion Re: Cancel Meeting on December 27th Motion by Lamar Russell, seconded by John Johanson cancel the December 27, 2006 Planning & Zoning meeting. Vote on the motion carried unanimously. OPEN DISCUSSION There were several residents of Solana that expressed concerns regarding the storage of Liquefied Petroleum and liability issues. Shannon Roberts, Council Member, asked if the residents would have access to review the checklist to provide feed back to the Planning & Zoning Board. She questioned the notification process for notifying residents within a five hundred foot radius. Bea McNealy, Chairperson, responded regarding the checklist, the residents may address the Board under open discussion. Todd Peetz, City Planner, responded that each resident located within the five hundred foot radius to include the Association itself is notified by staff. He stated that staff obtains the addresses from the Brevard County Property Appraiser's office. 4 • • ADJOURN There being no further business, the meeting was adjourned at 10:00 p.m. uree Alexander, Acting Secretary 5