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HomeMy WebLinkAboutMeeting Minutes Jan-Dec 2000City of Cape Canaveral Planning & Zoning Board November 29, 2000 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on November 29, 2000 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Lamar Russell John Fredrickson Andrea Shea -King Leo Nicholas OTHERS PRESENT Morris Reid Kohn Bennett Susan Chapman Chairperson Vice Chairperson Building Official City Attorney Secretary to the Board All persons giving testimony were sworn in by the Board Secretary. NEW BUSINESS: Recommendation Re: Variance Request No 00-07 to Extend an Elevator Shaft 3 ft. into the Required Side Setback in the C-1 Zoning District (7980 North Atlantic Avenue), Lots 1 -4 -Block 19 Avon by the Sea Subdivision Section 23, Township 24 South Range 37 East - Petitioner is James C Lewis Jr. The Building Official advised that Mr. Lewis was requesting a Variance for an elevator to be installed on the north side of the building which would encroach 3 ft. into the required setback. Mr. Reid pointed -out the property setbacks. He explained that according to the submitted site plan, the proposed 10X20 ft. elevator would extend approximately 8 1/2 ft. into the required setback, and if a 6X8 ft. elevator was installed, as shown on the submitted floor plan, the encroachment would be approximately 3 ft. Mr. Reid informed the Board that the property owner had other options for placement of an elevator that would not encroach into any of the required setbacks. He further advised that installing an elevator was a good faith effort, but the elevator was not required by ADA, as stated in the request. Planning & Zoning Board Meeting Minutes November 29, 2000 Page 2 Ms. Shea -King questioned if the proposed placement of the elevator would adversely effect emergency response vehicles from parking off of the roadway. Mr. Fredrickson voiced his concern that increased truck parking could impose a road hazard, because the application noted that the elevator would be utilized as a freight elevator. Vice Chairperson Russell questioned if ADA required this elevator. Mr. Reid reiterated that ADA did not require this building to have an elevator. Chairperson McNeely pointed out that a Variance needed to meet specific criteria, other than dimensions, as per Section 110-61 of the City Code. Attorney Leonard Spielvogel, respresentative for the applicant, testified that his client was asking for a Variance of 3 ft. into the required setback. He apologized for the confusion of the survey. Mr. Spielvogel verified that landscaping would be installed around the elevator shaft to protect it against damage from vehicles; the building was constructed in 1964; his client purchased the property in January, 2000; the owner wanted to put an elevator on the North side of the building; the owner had already made renovations to the restrooms to meet ADA requirements; their engineer advised that the building would not support a walkway that would be needed if the elevator was relocated, and floor joists would need to be relocated if the elevator was installed near the lobby, due to the age of the building; installing the elevator in a different location, than as proposed, would be cost prohibited, and not feasible or economical; an elevator would increase the value of the building; and his client needed the Variance. He advised that the hardship would be the benefit of adding an elevator to the building, the elevator would be a valuable addition to the building, including, meeting ADA requirements. Chairperson McNeely questioned the submitted Warranty Deed depicting property ownership. Mr. James Lewis responded that Richard Stottler and James Lewis both owned 50% of the property. Mr. Spielvogel added that the Title Holder was the property owner. Vice Chairperson Russell questioned Mr. Spielvogel as to what his client could not do with his property that everyone else could do. Mr. Spielvogel responded that his client could not allow people with a disability to enter the second floor of the building. He voiced his opinion that anyone should be welcomed to request such a Variance. He added that newer buildings would not have a hardship. Because of the layout of the building, there was no feasible place to put the elevator accept for the North side of the building, and without the elevator, his client could not rent the 2nd floor to people with handicaps. Chairperson McNeely repeated Mr. Russell's question, as to how this property was different. Planning & Zoning Board Meeting Minutes November 29, 2000 Page 3 Mr. Spielvogel introduced Ms. Holly Myers, Principal Planner. Ms. Myers testified that the property was considered substandard. She further testified that the hardship was that the building was constructed prior to established ADA requirements; the hardship was not a result from actions of the applicant; the elevator could not be made smaller to meet setback requirements; there were no other existing buildings where this criteria was required because there was enough room around all the other (6) buildings to install elevators without encroaching into the required setbacks; ADA requirements were not anticipated when the building was constructed in 1964; other alternatives for the proposed placement of the elevator were considered, however, they were cost prohibited due to the condition of the building structure; placing the elevator on the North side of the building, at the rear of the parking lot was also more secure and economical, and would not effect existing parking. Ms. Myers read the answers to the questions from the Variance Application Worksheet that was part of the application submittal. Vice Chairperson Russell advised that the City did not give any thought about elevators when Section 110-538 of the City Code was adopted. He advised that the code allowed encroachments of chimneys, fireplaces, moveable awnings, etc. Mr. Reid submitted photographs of the building and property. Mr. Fredrickson stated that it appeared that the applicant wanted the elevator to improve the building for economic reasons and was using the ADA to obtain a Variance for a freight elevator for deliveries to enhance his business. He added that using ADA requirements as the reason to justify entitlement of the requested Variance had no merit. Chairperson McNeely voiced her opinion that the request did not meet the minimum requirements for a Variance. Brief discussion followed. Motion by Ms. Shea -King, seconded by Mr. Nicholas, for the purpose of discussion, to recommend approval of the request to the Board of Adjustments. Motion failed by a (4) to (1) vote with members voting as follows: Mr. Fredrickson, against; Ms. McNeely, against; Mr. Nicholas, against, due to the fact that that request did not meet the minimum requirements to be entitled to a Variance; Mr. Russell, against, for the same reason as stated by Mr. Nicholas; Ms. Shea -King, for. Motion by Mr. Russell, seconded by Mr. Nicholas to recommend disapproval of the Variance request. Vote on the motion carried unanimously. rI Planning & Zoning Board Meeting Minutes November 29, 2000 Page 4 2. Recommendation to City Council Re: City to Obtain Easement Agreements for City Improvements throughout the City - Ed Gardulski. Director of Public Works. Mr. Gardulski, Public Works Director, asked the Board for clarification of Section 110-477 of the city code. He advised that the City needed to obtain numerous easements that were not contiguous, to clean-up the easements along the city's force mains and sewer lines, specifically along Oak Lane and behind the old post office. He questioned if he needed to bring each one to the Board for recommendation to City Council. After the Board members reviewed and discussed Section 110-477 of the City Code, they requested that Mr. Gardulski bring the easement requests to the Board, as specified in the code, but to bring several at one time, rather than one at a time. Mr. Russell advised Mr. Gardulski that he could petition the City Council to amend the code to alleviate the process of recommendation by the Board at his discretion. 3. Election of Chairperson and Vice Chairperson. Mr. Fredrickson nominated Ms. McNeely to remain as Chairperson and Mr. Russell to remain as Vice Chairperson, the nominations were seconded by Ms. Shea -King. Ms. McNeely and Mr. Russell accepted the nominations. The nominations carried unanimously. There being no further business, the meeting was adjourned at 8:57 P.M. Approved on this 10th day of January ,2001. ( Signature ) Beatrice McNeely, Chairperson ( Signature ) Susan L. Chapman, Secretary City of Cape Canaveral Planning & Zoning Board October 25, 2000 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on October 25, 2000 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Lamar Russell John Fredrickson Andrea Shea -King Leo Nicholas OTHERS PRESENT Morris Reid Kohn Bennett Susan Chapman NEW BUSINESS: Chairperson Vice Chairperson Building Official City Attorney Secretary to the Board Approval of Meeting Minutes: September 13 2000 Motion by Mr. Fredrickson, seconded by Ms. Shea -King to approve the meeting minutes of September 13, 2000. Motion carried unanimously. 2. Special Exception Request No. 00-06 to Allow Outside Storage of Aggregates on Lot 2. Section 15 Township 24 South Range 37 East - Randy May, Designated Agent for Dora Anne Thompson Trustee The Board members reviewed the submittal packet. Mr. Reid advised that City staff reviewed the request and had no concerns regarding the request. He stated that staff would perform additional reviews during the site plan process. Discussion followed regarding comments from the Public Works Director. Mr. May was sworn in by Attorney Bennett. Mr. May, representative for the property owner, testified that he was requesting a special exception for outside storage of aggregates (gravel). He was trying to obtain enough acreage for the aggregate plant to have a conveyor belt system through the Port. He advised that this proposed project would create 60 new jobs in Phase I, and approximately 38 new jobs in Phase II, at hourly rates of $8.00-$15.00 per hour. He noted that a special exception had previously been granted by the City on one piece of property. The property with the granted special exception was contiguous with this property. The potential buyer wanted to purchase both properties, at a total acreage of 13.24 acres. The aggregates were considered moving cargo. Planning & Zoning Board Meeting Minutes October 25, 2000 Page 2 The Board members reviewed Section 110-566, Landscaping Requirements. Mr. May verified that landscaping would be provided per City code. Mr. May advised that the landscaping and buffering would be addressed by the new property owner at the time the site plan is submitted. Vice Chairperson Russell noted that granted special exceptions have a sunset provision of 12 months. Discussion was held regarding storm water retention requirements. Mr. Reid advised that the City Engineer would verify that the storm water runoff requirements would be met during the site plan review process. Mr. May verified that there were no wetlands located upon the property. He advised that the aggregates would be placed on impervious concrete and on the natural ground, the gravel would make its own bedding, and would be piled no higher that 35 ft. high. Mr. May verified that this property was not visible from Al A or any other street. Motion by Mr. Russell, seconded by Ms. Shea -King to recommend approval of Special Exception Request No. 00-06 with the condition that buffering be provide as per the provisions of Section 110-566 of the City Code of Ordinances. Vote on the motion carried unanimously. DISCUSSION: 1. Discussion Re: Clarification and Direction for Proposed Amendments to City Codes - (Establishing Landscaping Requirements in Commercial Parkinq Lots, Establishing Landscaping and Maintenance of Properties Located Adiacent to City Canals, Establishing Designated Employee Parking Spaces Establishing Landscaping Requirements for Properties located in Residential Zoning Districts). The Board members reviewed Section 110-567, Interior Landscaping for off street Parking. Mr. Nicholas clarified that this discussion was a result of the landscaping parking lot islands during the site plan review of the Wendy's Restaurant. Vice Chairperson Russell noted that small parking lots have no room for landscaping. Discussion continued. By consensus, the Board concluded not to pursue this discussion item any further. The Board members reviewed Article III of the City Code. Mr. Nicholas questioned where property setbacks were located on properties along the city's canal. Building Official Reid advised the Board that there were established setbacks on ocean front and river front properties, but not properties along the canal. Vice Chairperson Russell noted that the Mayor was trying to obtain a grant for a bike path along the canal. Planning & Zoning Board Meeting Minutes October 25, 2000 Page 3 Mr. Nicholas commented that the individual properties end on the section line, the City owned 20 ft. easement along the sewer main, which broadened 30 ft. South of Central Blvd. He noted that the City should have surveys of the easements. Discussion followed regarding maintenance of the canal. Attorney Bennett advised that it was the individual property owners responsibility for maintenance along the canal. The Board agreed that the City would need to purchase properties or be granted easements along the canal for the proposed bike path. The Board requested that City staff research the city's land use provisions and report back to the Board as to what in the provisions applies to the canal. The Board further requested that staff identify property lines along the canal through property surveys that should be accessible in the Public Works department. Discussion was held regarding designated employee parking spaces. Vice Chairperson Russell noted that this issue was briefly discussed during the Wendy's Restaurant site plan review and noted that there were (20) references regarding parking requirements throughout the City code. He suggested the City could consider off street parking lots be accessible/connected to each other. Attorney Bennett responded that it would not be a good idea from a liability standpoint because the City could not force individual property owners to have "common access". Brief discussion continued. By consensus, the Board concluded not to pursue this discussion item any further. The Board members discussed establishing landscaping requirements for properties located in residential zoning districts. The Board members requested that staff furnish the Board other beach communities ordinances for their review. Mr. Nicholas urged that City to adopt a policy to utilize pervious concrete for City projects for the purpose of getting the water back into the aquifer and prevent water from running -off into the street. There being no further business, the meeting was adjourned at 9:12 P.M. Approved on this 29th day of November ,2000. ( Signature ) Beatrice McNeely, Chairperson ( Signature ) Susan L. Chapman, Secretary City of Cape Canaveral Planning & Zoning Board September 13, 2000 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on September 13, 2000 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Andrea Shea -King Leo Nicholas OTHERS PRESENT Morris Reid Building Official Kohn Bennett City Attorney Susan Chapman Secretary to the Board Mayor Randels acknowledged Mr. Russell for his 20 years of volunteer service as a Board member. On behalf of City Council, he presented Mr. Russell with an engraved plaque in appreciation for his years of volunteer service. NEW BUSINESS: Approval of Meeting Minutes: August 23, 2000. Motion by Mr. Fredrickson, seconded by Ms. Shea -King to approve the meeting minutes of August 23, 2000. Motion carried unanimously. 2. Final Plat Approval — Murphy's Portview Townhomes — James W Murphy., Applicant. The Building Official advised that city staff had reviewed the submitted final plat and had recommended approval. Discussion was held regarding the turning radius for emergency vehicles. Mr. Murphy responded that the City Engineer requested him to remove it from the plat, so he did. He added that he would draw it back on if the city so desired. The Board members could not recall the city ever requesting a turning radius be shown on a plat because, it was always shown on the site plan. Discussion followed. City Attorney Bennett suggested that the Building Official confirm with the city engineer whether or not the turning radius should be on the plat, prior to presenting the plat for final approval by City Council. Mr. Reid agreed. Planning & Zoning Board Meeting Minutes September 13, 2000 Page 2 Motion by Mr. Russell, seconded by Mr. Nicholas to recommend approval of the final plat for Murphy's Portview Townhomes subject to confirmation from the city engineer that the turning radius on the corner of Presidential Court and Washington Avenue is sufficient for the fire department. Vote on the motion carried unanimously. 3. Revised Site Plan Approval — Cape Gardens — Craig Hessee, Property Owner. The Board members reviewed the revised site plan. The Building Official advised that Cape Gardens is an existing subdivision and had an existing site plan, the roadway and drainage system was existing, and the parking and setbacks met the existing code. City staff reviewed the revised site plan and recommended approval. Mr. Reid further advised that the property was located in the C-1 zoning district with a special exception for residential use. Mr. Price, project engineer, verified that the infrastructure was already existing. Mr. Hessee, agent for the property owner, verified that this project was approved by the Community Appearance Board. Motion by Mr. Russell, seconded by Ms. Shea -King to approve the revised site plan for Cape Gardens as submitted. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Proposed Ordinance to Establish Maximum Height and Size of Signs. The Board members reviewed the proposed sign ordinance. Attorney Bennett clarified that two of the exhibits were on one page. Mr. Bennett advised that he would contact Mr. Peetz, city planner, to separate the two exhibits prior to City Council approval. Discussion followed regarding the proposed square footage. The Building Official advised that the City Hall sign was slightly larger the 50 sq. ft. Mr. Nicholas questioned why the city was not consistent with the visibility at intersections. He advised the fences and shrubbery had to be 25 ft. and the proposed sign code was 35 ft. The City Attorney suggested that the Board get a determination for the 35 ft. requirement from City Planner, Todd Peetz. Mr. Nicholas suggested that the Board recommended that Board move forward with the proposed ordinance. Mr. Russell agreed. Brief discussion continued. Motion by Mr. Nicholas, seconded by Ms. Shea -King to recommend approval of the sign ordinance as proposed. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes September 13, 2000 Page 3 PRESENTATION: 1. Presentation Re: Update of Future Plans for the North area of the Solana Development — Jim Borris, Towne Realty. Mr. Borris presented a schematic of the future plans for the Solana Development. He explained that Phase I would consist of a total of 240 units, including a 150 unit hotel building, and 90 timeshare units which would include various amenities including: a tennis court, restaurants, game rooms, commercial amenities, exercise room, and mini -golf. Phase II would consist of a 60 unit building with each unit having: 2 bedrooms, 2 bathrooms, and full kitchen, with timeshare ownership. He explained that two connector roads would access the port roadways. Phase III would be 5 -story condominium building at 15 units per acre (248 units), with no commercial amenities. Mr. Borris advised that all phases would be starting on the ocean side. Mr. Borris agreed to assist the City with the construction of Manatee Park. There being no further business, the meeting was adjourned at 8:55 P.M. Approved on this 25th day of October ,2000. ( Signature ) Beatrice McNeely, Chairperson ( Signature ) Susan L. Chapman, Secretary City of Cape Canaveral Planning & Zoning Board August 23, 2000 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on August 23, 2000 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson John Fredrickson Andrea Shea -King Leo Nicholas MEMBERS ABSENT Lamar Russell Vice Chairperson OTHERS PRESENT Morris Reid Building Official Mark McQuagge Assistant City Attorney Susan Chapman Secretary to the Board Chairperson McNeely announced that Mr. Russell was absent from this meeting because he was attending a meeting in Cocoa Beach regarding the N. Atlantic Avenue, A1A corridor. NEW BUSINESS: 1. Approval of Meeting Minutes: August 9, 2000. Motion by Mr. Fredrickson, seconded by Ms. Shea -King to approve the meeting minutes of August 9, 2000 as presented. Vote on the motion carried unanimously. 2. Preliminary Re -Plat Approval - Murphy's Portview Townhomes - James W. Mu Chairperson McNeely reviewed the staff reports recommending approval. The Building Official noted that the plat did not show the required 5 ft. public access easement across the rear of the property, per Section 110-375 of the City code. Discussion was held regarding the 20 ft. emergency vehicle access radius. Mr. Murphy agreed to include the 5 ft. public access and the portion of the 20 ft. access that was located on his property on the final plat. He noted that parking would located on the 1 st floor of the three-story, two -unit townhouse. Brief discussion followed. Planning & Zoning Board Meeting Minutes August 23, 2000 Page 2 Motion by Mr. Fredrickson, seconded by Mrs. Shea -King to approve the Preliminary Re -plat for Murphy's Portview Townhomes with the following conditions: 1. Provide a 5 ft. public access easement across the rear of the property. 2. Show the portion of the 20 ft. wide emergency vehicle access radius that is located on the property. Vote on the motion carried unanimously. DISCUSSION: Discussion was held regarding the status of proposed ordinances, which included: establishing setbacks and maintenance standards for canal front properties; designated employee parking on commercial sites; establishing minimum requirements for residential landscaping; and establishing amortization, maximum height and size of ground signs. Discussion was held regarding minimum requirements for stormwater retention. Mr. Reid suggested that a site plan be submitted by the project engineer showing how water will be retained. Discussion was held regarding engineering requirements for wall signs. There being no further business, the meeting was adjourned at 8:21 P.M. Approved on this 13th day of September ,2000. ( Signature ) Beatrice McNeely, Chairperson ( Signature ) Susan L. Chapman, Secretary City of Cape Canaveral Planning & Zoning Board August 9, 2000 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on August 9, 2000 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Andrea Shea -King Leo Nicholas OTHERS PRESENT Morris Reid Building Official Todd Peetz City Planner Mark McQuagge Assitant City Attorney Susan Chapman Secretary to the Board NEW BUSINESS: 1. Approval of Meeting Minutes: June 14, 2000. Motion by Mr. Fredrickson, seconded by Ms. Shea -King to approve the meeting minutes of June 14, 2000 as presented. Vote on the motion carried unanimously. 2. Site Plan Approval - Wendy's Restaurant - Allen Engineering, Applicant. Morris Reid, Building Official, reported that only Phase I of this project was approved by the Community Appearance Board, therefore, per code, the Board could only approve Phase I of the site plan; the City Planner had commented regarding adequate buffering because 200 ft. of this commercial project abutted residential; the tree calipers indicated on the submitted landscape plan did not meet the minimum requirement of the city code and needed to be increased to three inches. Mr. Reid further advised that the applicant was proposing outside seating, as of this meeting date. He noted that this concept was not approved by the Community Appearance Board and the site would not have adequate parking, per city code, unless the seating inside the restaurant was reduced to accommodate the outside seating. Discussion followed. Mr. Peetz clarified that per code, the buffering between the commercial and residential properties needed to be opaque within two years. He advised that an irrigation system was not included on the proposed site plan and needed to be added per city code. The Board members reviewed Sections 110-566, Landscaping; and 110-491, Parking Requirements. Discussion followed. Planning & Zoning Board Meeting Minutes August 9, 2000 Page 2 Mr. Reid clarified that the parking spaces specifically marked "employees only", could not be calculated in meeting the parking space requirements for seating. Discussion continued. Ms. Shea -King commented that she wished that the parking lot had more landscaping. Ms. Gumpher responded to staff and the Board members comments regarding landscaping. She advised that the buffered landscaping met the minimum requirements of city code; the total overall tree points were 942 plants on a 1 112 acre site; and the tree calipers would be changed to three inches to meet the code. Ms. Gumpher replied to the concerns regarding parking. She advised that Phase II had an excess of seven parking spaces and agreed to add five of the spaces to Phase I. She commented that the "employee parking only" spaces were a request of the city engineer and disagreed with Mr. Reid's interpretation that those parking spaces would not be counted. The Building Official read the comment from the City engineer. He advised that the city engineer was concerned that the parking spaces were located around the curvature of the drive-through and created a safety hazard. He advised that Allen Engineering had satisfied the city engineer's concern by designating the parking spaces for "employee only" parking to reduce the amount of vehicles backing -out into the one-way drive-through. Following discussion, Ms. Gumpher withdrew the proposed outside seating concept. Mr. Nicholas voiced his concern regarding dumpster access. Ms. Gumpher responded that the site plan met the fire department's requirements for the turning radius for emergency response vehicles, which should also accommodate the dumpster access. Mr. Nicholas voiced his concern regarding regarding setbacks from the north property line to the canal. Mr. Reid responded that distance setbacks were not defined in the city code pertaining to canals. Following discussion, the Board agreed that the city should establish setback requirements for properties along the canal to include standards for maintenance. Mr. Nicholas suggested that city staff contact the Department of Environmental Protection, Florida Department of Transportation, and St. Johns River Water Management district to inquire if they have existing guidelines of same. The Board further agreed that city staff should propose an ordinance establishing minimum standards for employee parking spaces and suggested that other cities be contacted to inquire their code requirements regarding same. Discussion followed regarding establishing conditions of approval for Phase I of this project. Planning & Zoning Board Meeting Minutes August 9, 2000 Page 3 Motion by Mr. Russell, seconded by Mr. Fredrickson to approve the site plan for Wendy's Restaurant with following conditions: 1. Approval is for Phase I only and is exclusive of proposed outside seating. 2. Five parking spaces shall be added to the south side of Phase I. 3. A stop sign shall be added at the NW corner at the curvature of the drive-through. 4. Tree calipers shall be changed to three inches to meet minimum landscaping requirements. 5. Irrigation shall be added on the east side of the property. Vote on the motion carried unanimously. Discussion: Todd Peetz, City Planner, updated the Board regarding the status of the proposed landscaping regulations in the residential zoning districts. Mark McQuagge, Assistant City Attorney, advised that a sign code amendment was being drafted to establish height, size, and amortization. The proposed ordinance should be on the Board's next agenda for recommendation to City Council. There being no further business, the meeting was adjourned at 9:12 P.M. Approved on this 23rd day of August , 2000. ( Signature ) Beatrice McNeely, Chairperson ( Signature ) Susan L. Chapman, Secretary City of Cape Canaveral Planning & Zoning Board June 14, 2000 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on June 14, 2000 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson John Fredrickson Andrea Shea -King Leo Nicholas MEMBERS ABSENT Lamar Russell Vice Chairperson OTHERS PRESENT Morris Reid Interim Building Official Todd Peetz City Planner Kohn Bennett City Attorney Susan Chapman Secretary to the Board NEW BUSINESS: 1. Approval of Meeting Minutes: May 10, 2000. Motion by Mr. Nicholas, seconded by Ms. Shea -King to approve the meeting minutes of May 10, 2000 as presented. Vote on the motion carried unanimously. 2. Revised Site Plan Approval-Boucher Mini-Storage Warehouse-Norm Boucher. Applicant. Mr. Al Price, Project Engineer, explained that the site plan was reduced from two buildings to one. Mr. Reid verified that the revised site plan was reviewed by city staff and met all required code requirements. Mr. Boucher advised that the property had an existing building which would be reverted to a mini -storage warehouse. Discussion was held regarding landscaping. Mr. Reid verified that the required landscape requirements were met with this site plan. Mr. Reid noted that this revision would need to be presented to the Community Appearance Board prior to permitting. PLANNING & ZONING BOARD MEETING MINUTES JUNE 14, 2000 PAGE 2 Motion by Mr. Fredrickson, seconded by Ms. Shea -King to approve the revised site plan for Norm Boucher's Mini -Storage Warehouse as presented. Vote on the motion carried unanimously. 3. Site Plan Approval - Flores Del Mar - Allen Engineering, Applicant. Ms. Joyce Gumpher, Representative for Allen Engineering, Project Engineer, advised that the property was located directly North of Cherie Down Park and consisted of 3.49 acres. She explained that the site plan consisted of (2) five story condominium buildings. Ms. Gumpher clarified that the acreage calculation did not protrude into the mean high water line. She verified that the plans were submitted to the Department of Environmental Protection for required permitting. She noted that the most westerly building would be constructed prior to the oceanfront building. Chairperson McNeely reviewed the submitted staff reports. Mr. Reid verified that the submittal met all applicable code requirements. Ms. Gumpher verified that the project was approved by the Community Appearance Board. Ms. Jerry Bohanon, resident of Canaveral Sands, advised that she was opposed to the project. She advised that the developer needed approval from the U.S. Fish & Wildlife due to scrub jay habitat. Ms. Gumpher verified that her firm would obtain all the required permits prior to construction. Motion by Mr. Fredrickson, seconded by Ms. Shea -King to approve the Site Plan for Flores Del Mar. Vote on the motion carried unanimously. 4. Recommended Approval - Special Exception Request No. 00-05 to Allow Gin -Seng Restaurant to Serve Beer & Wine, (8501 Astronaut Boulevard, Suite 1) - Tely Tse, Petitioner. Ms. Toni Seguin, Associate with the Law Firm of Tony Hernandez, representing the petitioner, advised that Gin -Seng Restaurant was requesting a special exception to serve beer and wine. She explained that the restaurant had 56 seats and the request complied with all requirements for approval of the special exception. The Board members reviewed the submittal packet. Brief discussion followed. Motion by Ms. Shea -King, seconded by Mr. Fredrickson to recommend approval of Special Exception Request No. 00-05 as requested. Vote on the motion carried unanimously. PLANNING & ZONING BOARD MEETING MINUTES JUNE 14, 2000 PAGE 3 DISCUSSION 1. Discussion Re: Establishing Residential Landscaping Requirements - Todd Peetz, City Planner. Mr. Peetz explained that the city staff and the Community Appearance Board had concerns regarding deficiencies or voids in the existing Landscaping Code. He explained that staff relayed that there were no requirements for residential landscaping in the R-1, R-2 and R-3 zoning districts and also in the newly created C-2 zoning district. Buffering between zoning!, districts are not specifically recognized. Mr. Peetz believed that a primary intent of landscaping and buffering is to further separate residential from non-residential uses. Also, the point system in the existing requirements were not easily interpreted. Mr. Peetz provided landscape ordinances for Brevard County, Collier County and the City of Vero Beach, He advised that research revealed that in several cases, the point system was easier to understand, including, what plant materials are needed and their size requirements. The definitions were also useful in describing some of the requirements. Mr. Peetz requested feedback on the extent to which these problems need to be resolved. He requested that discussion be limited to (2) meetings to present recommended changes to the city council for their consideration. Discussion followed. Ms. Shea -King voiced her opinion that this issue was very important. The Board agreed that the city needed to expand landscaping in commercial and industrial zoning districts, and create minimum requirements in residential. They requested that Mr. Peetz provide a matrix for consideration and to present it to staff and then to the Beautification Board prior to bringing the issue back to the P & Z Board for recommendation to city council. 2. Discussion Re: Size and Height of Signs. Mr. Bennett explained that this was the 2nd step to the proposed sign code, He advised that city council requested that the Board recommend a size and height of signs. Brief discussion followed. By consensus, the Board recommended that signs should be the height and size of the city's signs. Mr. Bennett advised that he would draft a proposed ordinance for recommendation to city council at the next meeting. There being no further business, the meeting was adjourned at 8:33 P.M. Approved on this 9th day of August ,2000. ( Signature ) Beatrice McNeely, Chairperson ( Signature ) Susan L. Chapman, Secretary City of Cape Canaveral Planning & Zoning Board May 10, 2000 7:30 P.M. Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on May 10, 2000 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice Chairperson Donald Bergen John Fredrickson Andrea Shea -King Leo Nicholas 1st Alternate OTHERS PRESENT Dennis Franklin Building Official Kohn Bennett City Attorney Susan Chapman Secretary to the Board NEW BUSINESS: 1. Approval of Meeting Minutes: April 26, 2000. Motion by Ms. Shea -King, seconded by Mr. Russell to approve the meeting minutes of April 26, 2000 as presented. Vote on the motion carried unanimously. Dennis Franklin, Building Official; and Charlie Lagges, Petitioner were sworn -in by Kohn Bennett, City Attorney. PLANNING & ZONING BOARD MEETING MINUTES MAY 10, 2000 PAGE 2 NEW BUSINESS 2. Special Exception Request no. 00-04 to Allow Kelsey's Restaurant to Serve Beer & Wine at 8699 Astronaut Boulevard - Charlie Lagges, Petitioner. The Board members reviewed the submittal packet. Mr. Franklin verified that the packet was complete. Mr. Lagges testified that he was requesting a special exception to serve beer & wine at his new restaurant and believed he met all the requirements. The Board members reviewed and discussed the requirements of Section 110-171, (C)(1-4), Establishments Serving Alcoholic Beverages of the Cape Canaveral Code of Ordinances. Brief discussion followed. Motion by Mr. Nicholas, seconded by Mr. Russell to recommend approval of Special Exception Request No. 00-04 as submitted. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 7:58 P.M. Approved on this 14 day of June , 2000. ( Signature ) Beatrice McNeely, Chairperson ( Signature ) Susan L. Chapman, Secretary 0 City of Cape Canaveral Planning & Zoning Board April 26, 2000 7:30 P.M. Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on April 26, 2000 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice chairperson John Fredrickson Andrea Shea -King Leo Nicholas OTHERS PRESENT Dennis Franklin Building Official Kohn Bennett City Attorney Susan Chapman Secretary to the Board 1. Approval of Meeting Minutes: Local Planning Agency Minutes of April 1 1999 and Planning & Zoning Board Minutes of April 12, 2000. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to approve the Local Planning Agency Minutes for April 14, 1999 as submitted. Vote on the motion carried unanimously. Motion by Mr. Nicholas, seconded by Mr. Russell to approve the P & Z meeting minutes for April 12, 2000 as submitted. Vote on the motion carried unanimously. 2. Review and Recommendation Re: Proposed Comprehensive Plan Amendment 00-01 Amending the Future Land Use Map from R-1 to R-3, Sections 26 & 27, Township 24 South, Range 37 East, Parcels 251, 253 & 255. Planning & Zoning Board Meeting Minutes April 26, 2000 Page 2 City Planner, Todd Peetz explained that extensive research had revealed that the properties were rezoned from R-3 to R-1 due to a scriveners error in 1989. He advised that the property owners requested that their properties zoning be returned back to R-3. Mrs. LaChance and Mrs. Porter verified that they wished their properties zoning to remain as R-3. Ms. Kelley, real estate agent for Mrs. LaChance, advised that she was disclosing the existing zoning situation to potential buyers. Mr. Peetz explained that the Department of Community Affairs would be advised that the City did not consider this request to be in increase of density on a barrier island because some of the city's existing R-3 zoning was removed for city parks. Mr. Peetz verified that the City properly advertised the request and briefed the Board on the rezoning process. Brief discussion followed. Motion by Mr. Nicholas, seconded by Mr. Russell to recommend approval of this rezoning request. Vote on the motion carried unanimously. DISCUSSION: 1. Discussion Re: Fences: City Attorney Bennett verified that the proposed ordinance to eliminate fence exemptions should be on the next City Council agenda. The Board members briefly discussed variances and substantiation of non -self imposed hardships. ADD-ON ITEM: Motion by Mr. Nicholas, seconded by Chairperson McNeely to add an item onto the agenda regarding the proposed sign ordinance. Motion carried by majority vote with members voting as follows: Mr. Fredrickson, against; Ms. McNeely, for; Mr. Nicholas, for; Mr. Russell, for; and Ms. Shea -King, for. The Board members briefly reviewed the proposed ordinance to amend the existing sign code. Mr. Peetz verified that he had made the requested changes, as previously requested by the Board, to this final draft. Brief discussion followed. Planning & Zoning Board Meeting Minutes rI April 26, 2000 Page 3 Motion by Ms. Shea -King, seconded by Mr. Nicholas to recommend that City Council adopt the proposed sign ordinance. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 8:12 P.M. Approved on this 10th day of May ,2000. ( Signature ) Beatrice McNeely, Chairperson ( Signature ) Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES APRIL 14,1999 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on April 14, 1999 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 9:27 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Arthur Berger Vice Chairperson Donald Bergen John Fredrickson Lamar Russell MEMBERS ABSENT Burt Bruns Delegate -at -Large Tony Hernandez Delegate -at -Large OTHERS PRESENT Bennett Boucher City Manager Rocky Randels Mayor Susan Chapman Secretary NEW BUSINESS 1. Approval of Meeting Minutes: October 28, 1998. Motion by Mr. Fredrickson, seconded by Ms. McNeely to approve the meeting minutes of October 28,1998 as submitted. Vote on the motion carried unanimously. 2. Review and Recommendation Re: Rezoning Request No. 99-06, Part of Parcel 252, Section 14, Township 24 South, Range 37 East, from M-1 to R-3 - John Allen, Designated Agent. Mr. John Allen, project engineer, explained that the developer was requesting to rezone 24.89 acres of M-1 to R-3 to comply with the future land use map as adopted by the City in January, 1999; density would be reduced; the developer proposed to construct three dune crossovers for the Solana project, and verified that there was an agreement with the Canaveral Port Authority for northern access. Brief discussion followed. Local Planning Agency Meeting Minutes April 14,1999 Page 2 Motion by Ms. Shea -King, seconded by Mr. Fredrickson to recommend approval of Rezoning Request No. 99-06. Vote on the motion carried unanimously. 3. Review and Recommendation Re: Rezoning Request No. 99-07, Part of Parcel 252, Section 14, Township 24 South, Range 37 East, from R-2 to R-3 - Tohn Allen, Designated Agent. Mr. Allen, project engineer, explained that the property owner was requesting to rezone 1.42 acres as it appeared to be R-2 on the future land use map and this property included the road which would serve the adjacent property to the north and currently served Shorewood Condominiums. Brief discussion followed. Motion by Ms. Shea -King, seconded by Mr. Fredrickson to recommend approval of Rezoning Request No. 99-07. Vote on the motion carried unanimously. 4. Review and Recommendation Re: Small Comprehensive Plan Amendment No. CPA -99-01, Part of Parcel 252, Section 14, Township 24 South, Range 37 East - John Allen, Designated Agent. Motion by Mr. Russell, seconded by Mr. Bergen to recommend approval of Small Comp. Plan Amendment CPA -99-01. Vote on the motion carried unanimously. There being no further business for the Board to consider, the meeting was adjourned at 9:50 P.M. ( Signature ) Beatrice McNeely, Chairperson ( Signature ) Susan Chapman, Secretary Minutes adopted by unanimous vote on April 26, 2000. (Initial Signature ) City of Cape Canaveral Planning & Zoning Board April 12, 2000 7:30 P.M. Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on April 12, 2000 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Late (entered meeting at 7:42) Leo Nicholas 1st Alternate MEMBERS ABSENT Andrea Shea -King OTHERS PRESENT Greg Mullins Code Enforcement Officer Kohn Bennett City Attorney Susan Chapman Secretary to the Board NEW BUSINESS Approval of Meeting Minutes: March 22, 2000. Motion by Mr. Nicholas, seconded by Mr. Russell to approve the meeting minutes of March 22, 2000 as presented. Vote on the motion carried unanimously. 2. Review and Motion Re: Radisson Resort Revised Site Plan - Dave Menzel, Project Engineer. Planning & Zoning Board Meeting Minutes April 12, 2000 Page 2 Mr. Menzel verified that all staff comments were satisfactorily addressed. He explained that a few minor changes had been made to the existing approved site plan, including: siren activated security gates being added to the entrances, which would be fire truck accessible; security fencing provided around the perimeter of the site; the south west parking area was reoriented and restriped to better accommodate the guests, which created a net decrease in impervious area; a 30 ft. x 30 ft. concrete dumpster with full enclosure to the east side of the auditorium, the enclosure would contain a trash compactor that was currently exposed on the south side of the hotel; a 10 ft. x 20 ft. cooling tower building located on the north end of the property was omitted and replaced by a 9 ft. x 10 ft. pump house due to a change in the cooling system utilized by the building; and a proposed 8,000 sq. ft. maintenance building added to the west end of the property, which was included in all the previous drainage calculations and layouts, however, it was only proposed on the earlier submittal. Discussion followed regarding: water retention, pervious and impervious areas. Additional discussion followed regarding "Coquina Road". Mr. James Peeples, representative for the property owner, clarified that the owner agreed to grant access of the privately owned road to the fire department. Motion by Mr. Russell, seconded by Mr. Nicholas to approve the revised site plan of the Radisson Resort with the condition that all fire department and city requirements shall be met. Vote on the motion carried unanimously. 3. Special Exception Request No. 00-03 - To Allow a Residential Townhouse Development in the C-1 Zoning District, Lots 1-3, Block 1, Avon by the Sea Subdivision, Section 23, Township 24 South, Range 37 East - A.L. Baureis, Authorized Agent for Donald G. White, Property Owner. Mr. Baureis explained that this property was directly north of Schanuel's Automotive repair, on the corner of N. Atlantic and Washington Avenues. He testified that the western most lot (Lot 1), which fronted A1A, would not be developed. He proposed a two -unit townhouse being constructed on Lots 2 & 3. He explained that the property to the east of this property was also zoned C-1 and undeveloped. Directly across the street on Washington Avenue were existing townhomes. Discussion followed regarding compatibility with surrounding areas. Mr. Baureis pointed out that Schanuel's property was buffered with natural vegetation along their north 25 ft.. Mr. Nicholas pointed out that this property was not contiguous to residentially zoned property. Mr. Russell surmised that if this property was constructed as residential, and knowing Planning & Zoning Board Meeting Minutes April 12, 2000 Page 3 that the property to the immediate east did not front A1A, then the adjacent property would eventually be constructed as residential also. Mr. Baureis agreed that if the special exception was granted, the owner would plant and maintain a vegetative buffer along the southern and western boundaries. Motion by Mr. Russell, seconded by Mr. Fredrickson to recommend approval of Special Exception Request No. 00-03 with the condition that the owner plant and maintain a vegetative buffer along the southern and western boundaries according to Section 110-566 of the C-1 zoning regulations. Vote on the motion carried unanimously Brief discussion followed regarding mixed-use occupancy in the C-1 zoning district, and vegetative requirements. The Board requested that city staff research the city code and report back to the Board regarding their findings on vegetative requirements in all zoning districts. DISCUSSION: 1. Discussion & Recommendation Re: Reconsideration of the Proposed Ordinance to Prohibit Fences in Front Yards in any Zoning District. Discussion was held regarding prohibiting 6 ft. high fences on properties that abut public beach access parking areas and properties that have swimming pools that require a minimum fence of 4 ft. high. Mr. Mullins suggested that only these properties should be allowed to have 6 ft. high fences. After an ensuing discussion, the Board reiterated that the proposed ordinance be forwarded to City Council as requested at previous meeting. The Board members requested that Mr. Mullins attend the next Council meeting to voice his suggestions. 2. Discussion & Recommendation Re: Numbering of Building and Displaying Address Numbers. Chairperson McNeely reported that she had spoke with city staff and the fire chief regarding posting of address numbers. She informed the Board members that the fire chief suggested that property owners should have several chooses. He had suggested that property addresses should be stenciled along the Miami curbs throughout the city. Ms. McNeely suggested that properties with signs should post their address number on the sign, commercial properties should display their numbers both on the face of the building and on their signs; and residential properties should display their addresses both on the curb and house. Planning & Zoning Board Meeting Minutes April 12, 2000 Page 4 Following discussion, the Board unanimously agreed that property numbers should be stenciled and maintained on the Miami curbs throughout the city as soon as possible. The City Attorney agreed to draft a proposed ordinance to amend the existing code. There being no further business, the meeting was adjourned at 9:20 P.M. Approved on this 26th day of April ,2000. ( Signature ) Beatrice McNeely, Chairperson ( Signature ) Susan L. Chapman, Secretary City of Cape Canaveral Planning & Zoning Board March 22, 2000 7:30 P.M. Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on March 22, 2000 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice Chairperson Donald Bergen John Fredrickson Andrea Shea -King Leo Nicholas 1st Alternate OTHERS PRESENT Dennis Franklin Building Official Todd Peetz City Planner Greg Mullins Code Enforcement Officer Kohn Bennett City Attorney Susan Chapman Secretary to the Board Approval of Meeting Minutes: March 8, 2000. Motion by Mr. Fredrickson, seconded by Ms. Shea -King to approve the meeting minutes of March 8, 2000 as presented. Vote on the motion carried unanimously. Dennis Franklin, Building Official; Greg Mullins, Code Enforcement Officer/Building Inspector; Rodney Ketchum and Rev. Dan Bailey, Applicants were sworn -in by Kohn Bennett, City Attorney. PLANNING & ZONING BOARD MEETING MINUTES MARCH 22, 2000 PAGE 2 NEW BUSINESS Review and Recommendation Re: Special Exception Request No. 00-02 to Allow Churches & Places of Worship in the R-2 Zoning District, Parcel 267, 8907 N. Atlantic Avenue, (Former U.S. Postal Service Property) - Space Coast Seafarers Ministry, Authorized Agent for Thomas A. Winner, Property Owner. Rev. Bailey, Applicant, explained that Space Coast Seafarers Ministry was requesting a special exception to allow churches and places of worship at the former post office property. He testified that Space Coast Seafarers Ministry was a branch of the Brevard Baptist Association which ministers to seafarers on cruise ships; the building would be used as a hospitality center for spiritual purposes, chapel, and prayer; phone booths and computers would be available; pool tables, ping-pong, t.v., and basketball for recreation; the center would be open seven days per week and hours of operation would be 9:00 a.m. -11:00 p.m. (open late due to time -changes around the world); approx. 5-50 people would occupy the premises at any one-time; there would be no overnight occupancy; someone with authority (primarily chaplains) would be present at all times; the seafarers would be bussed in a (15) passenger van or walk from the ships; vending machines would be available for snacks; no plans at this time for a cooking facility; the operation was non-profit and financially supported with revenues and pledges from churches and individuals. Rev. Bailey stated that the Space Coast Seafarers Ministry planned to purchase the property. He explained that the location would be convenient for the seafarers and his goal was to minister to foreign seafarers without leaving the Country. He planned on adding landscape and agreed to meet all code requirements. The Board members reviewed photographs of the property and Section 110-47 of the City Code of Ordinances. Brief discussion followed. Motion by Mr. Nicholas, seconded by Mr. Russell to recommend approval of Special Exception Request No. 00-02, as presented. Vote on the motion carried unanimously. PLANNING & ZONING BOARD MEETING MINUTES MARCH 22, 2000 PAGE 3 DISCUSSION: 1. Discussion and Recommendation Re: Proposed Sign Ordinance. City Planner, Todd Peetz, provided a hand-out of various sign definitions from other cities. Code Enforcement Officer, Greg Mullins, suggested additional changes to the proposed draft ordinance. After discussion, the Board members concluded that they would review the hand-out and recommended that city staff make additional recommendations at the next meeting. 2. Discussion & Recommendation Re: Reconsideration of Proposed Ordinance to Prohibit Fences in Front Yards in any Zoning District. City Planner, Todd Peetz clarified that City Council did not want this ordinance to impact multi -family developments. Mr. Russell recapped how this proposed ordinance was created. Discussion followed regarding special consideration for beach front properties. Mr. Russell advised that the P & Z Board had struggled with fences for over the past 25 -years and it was his recommendation to forward the revised draft ordinance to City Council. The other Board members agreed. Motion by Mr. Russell, seconded by Mr. Fredrickson to recommend that City Council approve the proposed ordinance. Vote on the motion carried unanimously. Add -On Discussion Items: 1. Citizens in the audience were recognized by Chairperson McNeely. Mrs. LaChance informed the Board that she had inherited property, back in the 70s, which was zoned R-3 and somehow changed to R-1 without notification. She had questioned the zoning in January and had reviewed records provided by the City Clerk's office. The City Clerk's records revealed that the property was never legally changed to R-1. Mrs. LaChance now wished to sell the property and questioned how the zoning was changed, when the zoning was changed, and how the City planned to correct the zoning. Code Enforcement Officer Mullins gave the Board members an overview of his research pertaining to Mrs. LaChance's property. Mr. Mullins confirmed that the 1975 city zoning map showed the property as R-3, and the 1983 zoning map depicted the property as R-1. Mr. Russell and Mr. Nicholas could not recall any zoning change of the property. PLANNING & ZONING BOARD MEETING MINUTES MARCH 22, 2000 PAGE 4 Attorney Bennett clarified that the city ordinances identify the re -zoning of parcels of land, not the future land use map; the future land use map was obviously incorrect due to a scriveners error; the zoning would need to be corrected by a large-scale comprehensive plan amendment; a new ordinance would need to be adopted to include the three properties affected by the scriveners error; the city zoning and future land use maps would need to be updated; and the change would need to be approved by the Department of Community Affairs prior to adoption by the City. Following discussion, Mr. Peetz and Attorney Bennett agreed to prepare and provide the required draft ordinance and documentation for the Board's review and recommendation at the next scheduled meeting. 2. Building Official, Dennis Franklin, advised that he had completed his research regarding numbering of buildings and submitted a staff report for the Board's review. He commented that both the fire and sheriff's departments endorsed painting numbers and street names on the curbs. After brief discussion, the Board requested that this issue be placed on the next meeting agenda for further discussion. There being no further business, the meeting was adjourned at 9:37 P.M. Approved on this 12th day of April ,2000. ( Signature ) Beatrice McNeely, Chairperson ( Signature ) Susan L. Chapman, Secretary City of Cape Canaveral Planning & Zoning Board March 8, 2000 7:30 P.M. Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on March 8, 2000 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Donald Bergen John Fredrickson Andrea Shea -King Leo Nicholas 1 st Alternate MEMBERS ABSENT Lamar Russell Vice Chairperson OTHERS PRESENT Bennett Boucher City Manager Dennis Franklin Building Official Todd Peetz City Planner Greg Mullins Code Enforcement Officer Karl Bohne Temporary City Attorney Kohn Bennett City Attorney Susan Chapman Secretary to the Board NEW BUSINESS 1. Approval of Meeting Minutes: February 23, 2000. Motion by Mr. Fredrickson, seconded by Ms. Shea -King to approve the meeting minutes of February 23, 2000 as presented. Vote on the motion carried unanimously. PLANNING & ZONING BOARD MEETING MINUTES MARCH 8, 2000 PAGE 2 DISCUSSION: 1. Discussion and Recommendation Re: Proposed Ordinances to Incorporate Timeshares in Chapter 110 of the Cape Canaveral Code of Ordinances. The Board members reviewed the re -drafted proposed ordinances. Discussion was held regarding the 25% maximum number of kitchens allowed in hotels. After an ensuing discussion, the Board members concluded that the best solution for the entire city would be to delete the full -kitchen facility limitation. Motion by Mr. Bergen, seconded by Mr. Fredrickson to recommend approval to the City Council to delete the 25% maximum number of full -kitchen facilities requirement in a hotel. Vote on the motion carried unanimously, 2. Discussion and Recommendation Re: Proposed Sign Ordinance. City Planner Todd Peetz advised that the City Council did not support a referendum. He explained that he went back through the document and made changes which included., returning the size and height of the signs back to the original size and height requirements; added a phrase about government flags not being a banner, corrected the matrix and illustrations consistent with the size and height of signs. He further changed the amortization date to 2005 because the proposed amendments to the sign code were minor. Discussion followed. Various changes were made to the proposed draft. It was agreed that staff would work together and present the additional changes at the next meeting. By Board consensus, the item would be placed on the next meeting agenda for further discussion and recommendation to City Council. 3. Discussion and Recommendation Re:. Proposed Ordinance Changes to Chapter 82-371, Posting and Specification of Numbers for Structures or Buildings that are Setback Beyond 50 Feet from the Property Lines. Discussion was held regarding the inconsistency of placement of property addresses throughout the City. Mr, Peetz suggested that perhaps the City could offer a few options such as: posting the numbers on the curb, street signs, mailboxes, and ground signs. PLANNING & ZONING BOARD MEETING MINUTES MARCH 8, 2000 PAGE 3 Discussion was held regarding the appropriate size the number should be if posted on a building, where the building is beyond 50 -feet from a property line. Mr. Franklin advised that he would contact the fire and sheriff's dept. to get there input on the subject and would report back to the Board at the next meeting. By Board consensus, the item would be placed on the next meeting agenda for further discussion and recommendation to City Council. There being no further business, the meeting was adjourned at 9:05 P.M. Approved on this 22nd day of March ,2000. ( Signature ) Beatrice McNeely, hairperson ( Signature ) Susan L. Chapman, Secretary City of Cape Canaveral Planning & Zoning Board February 23, 2000 7:30 P.M. Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on February 23, 2000 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson John Fredrickson Andrea Shea -King Leo Nicholas 1st Alternate MEMBERS ABSENT Lamar Russell Vice Chairperson Donald Bergen OTHERS PRESENT Bennett Boucher City Manager Dennis Franklin Building Official Karl Bohne Temporary City Attorney Susan Chapman Secretary to the Board NEW BUSINESS 1. Approval of Meeting Minutes: January 26, 2000. Motion by Mr. Fredrickson, seconded by Ms. Shea -King to approve the meeting minutes of February 9, 2000 as submitted. Vote on the motion carried unanimously. DISCUSSION: 1. Discussion and Recommendation Re: Proposed Ordinances to Incorporate Timeshares in Chapter 110 of the Cape Canaveral Code of Ordinances. PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 23, 2000 PAGE 2 The Board members reviewed the proposed definitions. Discussion was held regarding defining a kitchenette and full kitchen facility; the 25% maximum number of kitchens allowed in hotels; and the average size of a full-size refrigerator. Attorney Bohne furnished the Board members a copy of an Attorney General's Opinion regarding municipalities regulating timeshares. He pointed out that the opinion prohibited any municipality from discriminating against timeshare ownership. Mr. Nicholas questioned why the City was considering amending the existing ordinances if timeshares were already allowable and dictated by the Florida Statutes. Mr. Borris, V.P., Towne Realty, responded that he wanted to separate his hotel from the timeshare units, full kitchen facilities in all the units, daily rentals, and a commercial restaurant. Mr. Nicholas commented that the City could remove the 25% restriction for kitchen facilities in hotels. Attorney Bohne commented that perhaps the City could consider creating a new permissible use under special exceptions. The Board reviewed Section 110-332 (4), principal uses and structures. After an ensuing discussion, the Board members concluded to request the City Attorney to draft a proposed ordinance to allow a hotel to have full kitchen facilities, in all units, with a minimum of (75) hotel units, on a minimum of (5) acres, by special exception (not as a principal use). 2. Discussion and Recommendation Re: Proposed Sign Ordinance. City Manager Boucher informed the Board that City Council did not give good feedback on a referendum regarding height, size and amortization. He further informed the Board that City Planner, Todd Peetz, had gone back through the proposed ordinance and made additional recommended changes, which included: returning the size and height of the signs back to the original size and height requirements; add a phrase about government flags not being a banner, corrected the matrix and illustrations consistent with the size and height of signs. He had suggested that the Board discuss eliminating amortization or change the amortization to the year 2005. Discussion followed. The Board decided to change the amortization year to 2005 as suggested. Building Official, Dennis Franklin, requested that Section 94-35, Fees, (2) be omitted because it did not correspond with the Schedule B, Fees. City Manager Boucher requested that Mr. Franklin bring the suggestion back to the Board for further consideration at the next meeting. The Board requested that the City Planner re -submit a cleaned -up version of the proposed ordinance for recommendation to the City Council at the next meeting. PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 23, 2000 PAGE 3 The Board members reviewed Section 82-371, Posting and specification of numbering of building and Property. After discussion, the Board members agreed to ask the City Attorney to draft a proposed ordinance to amend Section 82-371 by adding the stipulation that if a building is setback beyond 50 feet from the property line, the official numbers shall be a minimum of six -inches in height and of a contrasting color with the building. They requested that this proposed ordinance be presented for further consideration and recommendation at the next meeting. 3. Discussion Re: Height, Size and Amortization of Signs - Forming a Sample Referendum Question. City Manager Boucher advised that a "referendum" would only allow the voters to change the code. However, a "straw ballot" would allow the City Council to change the code. Chairperson McNeely requested that this agenda item be postponed until the next meeting. 4. Discussion & Recommendation Re: Reconsideration of Proposed Ordinance to Prohibit Fences in Front Yards in any Zoning District. City Manager Boucher advised that City Council had concerns regarding prohibiting fences in front yards, particularly properties located on the beach end. Mr. Nicholas commented that when fence exemptions were presented and approved, the hazards that existed at that time, were removed when the properties were sold and the fences remained. He suggested that the Board allow the City Planner to research this agenda item, propose an ordinance with different wording and incorporate pictures. The Board members concurred and postponed this agenda item until the next meeting. There being no further business, the meeting was adjourned at 10:02 P.M. Approved on this 8th day of March ,2000. ( Signature ) Beatrice McNeely, Chairperson ( Signature ) Susan L. Chapman, Secretary City of Cape Canaveral Planning & Zoning Board February 9, 2000 7:30 P.M. Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on February 9, 2000 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice Chairperson Donald Bergen John Fredrickson (Late) Andrea Shea -King Leo Nicholas 1st Alternate OTHERS PRESENT Rocky Randels Mayor Burt Bruns Council Member Larry Weber Council Member Bennett Boucher City Manager Dennis Franklin Building Official Greg Mullins Code Enforcement Officer Todd Peetz City Planner Kohn Bennett City Attorney Karl Bohne Temporary City Attorney Susan Chapman Secretary to the Board NEW BUSINESS 1. Approval of Meeting Minutes: January 26, 2000. Motion by Ms. Shea -King, seconded by Mr. Russell to approve the meeting minutes of January 26, 2000 as submitted. Vote on the motion carried unanimously. DISCUSSION: Discussion and Recommendation Re: Proposed Ordinances to Incorporate Timeshares in Chapter 110 of the Cape Canaveral Code of Ordinances. m PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 9, 2000 PAGE 2 City Manager, Bennett Boucher, reported that legal counsel had drafted four ordinances for the Board's consideration to incorporate timeshares in the R-2, R-3 and C-1 zoning districts; and definitions of timeshare, full kitchen facility, and kitchenette. An ensuing discussion followed regarding the proposed ordinances. Attorney Bohne explained that Florida Statutes was the legislative authority of timeshares. The Board directed staff to furnish a copy of Florida Statute, Section 721.05 (32) for review at the next meeting, and section of the comprehensive plan that encouraged residential land use. Mr. Boucher clarified that timeshares were consistent with the city's comprehensive plan. Mr. Mullins clarified that timeshares were considered a form of real-estate ownership and the current ordinances did not prohibit the type of use. Mr. Nicholas questioned that if the city already allowed the use, then why was the city considering changing the existing code. Mr. Nicholas voiced his opinion that timeshares took away the character of single family residential. Discussion followed regarding consideration to prohibit timeshares in the R-1, M-1 and C-2 zoning districts. Mr. Russell pointed out that the development would be required to comply with the zoning district inwhich it was located. Discussion was held regarding condominium documents. Mr. Borris responded that the documents would be required to be approved by DBPR, Bureau of Condominiums & Timeshares. Mr. Russell requested that the condominium documents be disclosed to the City for review. Discussion followed regarding city review of the documents. Chairperson McNeely called for a five-minute recess at 8:45 P.M. The meeting reconvened at 8:50. Attorney Bohne verified that timeshares were already allowed in the R-2 and R-3 zoning districts and did not need to be re -addressed. His concern was allowing multi -family (timeshares), with daily rentals, as a principal use, in the C-1 zoning district. Mr. Nicholas reiterated that this change would not only effect this project, but the entire city's C-1 zoning district. The Board compared the differences between timeshares and hotels; compatibility with neighboring properties; and special exception vs. principal use in C-1. The Board concluded to have further discussion at the next meeting. 2. Discussion and Recommendation Re: Signs. City Planner, Todd Peetz, informed the Board that he prepared a new draft sign ordinance that merged the existing proposed ordinance, the recommendations from Planning Solutions, and incorporate into matrix format. He noted that this proposed ordinance included amortizing existing non -conforming signs until December 31, 2008. Discussion followed. Mr. Mullins, Code Enforcement Officer, explained that the purpose of the initial proposed ordinance was to clean PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 9, 2000 PAGE 3 up various inconsistencies and assist city staff with the enforcement of the sign code. Mr. Boucher inquired how the Board wished to proceed. He advised that the commercial property owners had voiced concerns regarding restrictions on height, maximum square footage, and amortization of existing signs. City Attorney Bennett requested that the City receive community input regarding this proposed ordinance change. Discussion was held regarding notification to property owners. Ms. McNeely questioned if the City wanted to require property numbers on signs. Ms. McNeely requested City staff to furnish the Board a copy of code Section 82-371 for the Board's review at the next meeting. Mr. Russell suggested that perhaps the city property owners should vote by referendum on the emotional issues and that the Board should move forward with recommending the initial proposed ordinance to clean-up the code, as suggested by city staff. The Board asked City Planner, Todd Peetz to review the initial proposed ordinance that the Board had recommended to City Council in 1996, and modify it by removing any references to height, size and amortization. Mr. Russell advised that the Board would need to workshop the proposed referendum issues, as a separate item, on the next meeting agenda. There being no further business, the meeting was adjourned at 10:08 P.M. Approved on this 23rd day of February ,2000. ( Signature ) Beatrice McNeely, Chairperson ( Signature ) Susan L. Chapman, Secretary City of Cape Canaveral Planning & Zoning Board January 26, 2000 7:30 P.M. Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on January 26, 2000 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson John Fredrickson Andrea Shea -King Leo Nicholas 1st Alternate MEMBERS ABSENT Lamar Russell Vice Chairperson Donald Bergen OTHERS PRESENT Larry Weber Burt Bruns Buzz Petsos Bennett Boucher Dennis Franklin Karl Bohne Susan Chapman Council Member Council Member Council Member City Manager Building Official Temporary City Attorney Secretary to the Board Approval of Meeting Minutes: January 12, 2000. Motion by Ms. Shea -King, seconded by Mr. Nicholas to approve the meeting minutes of January 12, 2000 as submitted. Vote on the motion carried unanimously. Dennis Franklin, Building Official; Grant Vernon and Ron Duvall, Petitioners, were sworn in by Attorney Karl Bohne. PLANNING & ZONING BOARD MEETING MINUTES JANUARY 26, 2000 PAGE 2 OLD BUSINESS 1. Special Exception Request No. 99-14 - To Allow Frank's Seaside Italian Restaurant to Serve Beer & Wine (8501 Astronaut Boulevard, Units 8) - Grant Vernon, Authorized Agent. The Board members reviewed the submittal packet for the special exception request and verified that the packet submittal appeared to be complete. Mr. Vernon testified that he was requesting a special exception to allow his Italian restaurant to serve beer and wine. He verified that the zoning* requirements had been met with this request and the restrooms would be handicap accessible. Discussion followed regarding the property legal description. Mr. Vernon clarified that the request was only for his restaurant located at 8501 Astronaut Boulevard, Unit #8. Mr. Vernon suggested that a checklist for a petitioner submitting a request be created to assist the applicant in preparing the required submittal packet. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend approval of Special Exception Request No. 99-14 to 8501 Astronaut Blvd., Unit #8 only. Vote on the motion carried unanimously. 2. Fence Exemption Request No. 99-01 to Allow a 6 ft. High Fence within 25 ft. right-of-way at (617 Madison Avenue) - Ron Duvall, Designated Agent for Pamela Dupont, Property Owner. The Board members reviewed the contents of their submittal packets for this request. The Board Secretary verified that property owners within a 300 ft. radius of this property had been duly notified. Mr. Nicholas queried the Building Official if there were any special circumstances that the Board should be aware of that was not included in the information contained in their Board packets. Mr. Franklin responded that he was not aware of any. Discussion followed regarding the fence being permitted and installed prior to approval of the fence exemption and removal of vegetation along the dune -line area. Mr. Ronald Duvall, representative for the property owner, testified that the fence was initially installed without a building permit. He was advised that a permit was required and fence exemption was required for the 6 ft. high portion of the fence located within the front yard and within 25 ft. of a public right-of-way. Planning & Zoning Board Meeting Minutes January 26, 2000 Page 3 Mr. Duvall submitted photographs of the fencing (Exhibit A). He testified that the property owner was requesting a fence exemption due to the definable hazards of the proximity to the public beach access, safety for the owner's children, privacy, and problems with debris being placed upon the property from the public. Mr. Duvall further testified that vegetation was not cut seaward of the property. He explained that seagrapes had been cut and trimmed six inches from the inside of the property line. Mr. Nicholas requested that code enforcement investigate the trimming of the vegetation. Mr. Franklin concurred. Discussion was held regarding proper measurement of the fence placement. Mr. Duvall added that the property owner would agree to plant vegetation on the street side of the fence along Madison Avenue. He noted that the property across the street of this property had been granted a fence exemption. The Board members reviewed the photographs. Ms. Shea -King noted that another property located across the street from this property had a four foot fence with vegetative plantings along the fence was serving the same purpose as this request. Councilman, Buzz Petsos, advised that he lived across the street; he had no objection to the 6 ft. fence, he clarified that no children were living at the residence; the property was leased; and the family the applicant was referring to lived in the townhome next door to this property. Discussion followed regarding the applicant's testimony. Motion by Mr. Nicholas, seconded by Ms. Shea -King to approve Fence Exemption Request No. 99-01, with the stipulation that landscaping vegetation be installed along the street side of the fence in six foot increments along the fence. Vote on the motion, as amended, was as follows: Mr. Fredrickson, against; Ms. Shea -King, against; Ms. McNeely, against; Mr. Nicholas, against. DISCUSSION 1. Discussion Re: Land Development Regulations - Recommendation by Planning Solutions, Inc. Mr. Todd Peetz, City Planner, commented that PSI had good suggestions and recommendations. He did not agree that text should be replaced with illustrations. He advised that diagrams and matrix complimented text for clarification purposes. He suggested that the city's incentive in updating the Land Development Regulations should be considered for what the city wanted to strive to accomplish. Mr. Peetz encouraged the city to move forward with many of the suggestions made by PSI. He clarified that a "matrix" was a list with columns and "illustrations" were pictures. Planning & Zoning Board Meeting Minutes January 26, 2000 Page 4 The Board members discussed the sign code and agreed that the city should move forward. Councilman Bruns advised that City Council had made proposed changes to the sign code. He asked that the Board revisit the proposed changes and make further recommendation to City Council. The Board members agreed that the sign code should be changed first, prior to the remainder of recommended changes to the Land Development Regulations. The Board directed staff to make suggested changes to the sign code, in matrix format and incorporate recommendations from PSI and City Planner, Todd Peetz for Board review and recommendation at the next meeting. 2. Discussion Re: Definition of "Kitchenette" & "Full Kitchen Facility". Mr. Peetz, City Planner, suggested that many of the items required in a "full kitchen facility" should be incorporated in a "kitchenette". He noted that the only difference was smaller kitchen space. He stated that there was no need for a definition of "kitchenette". 3. Discussion Re: Proposed Changes to Chapter 110 of the Cape Canaveral Code of Ordinance by Allen Engineering. Mr. Peetz, City Planner, verified that timeshares would be consistent with the city's comprehensive plan in the R-2 and R-3 zoning districts; the wording of the proposed definition of a "timeshare" was almost identical to Chapter 721, Florida Statutes. Mr. James Borris, V.P., Towne Realty, reiterated that this proposal was to clarify the existing city codes. Mr. Nicholas noted that the city codes applied to the entire city, not just this property. He asked the Board members to consider how this proposed change would impact the entire city. Discussion was held regarding how the property would be assessed for property taxes. Mr. Borris responded that property taxes were assessed at 50% of the unit selling price. The Board members concluded to direct the assistant city attorney, with approval by city manager, to draft a proposed ordinance to include timeshares in R-2 & R-3 zoning districts; and adding definitions of "timeshare", "kitchenette" and "full kitchen facility" for the Board's further review and consideration. Planning & Zoning Board Meeting Minutes January 26, 2000 Page 5 NEW BUSINESS 1. Review and Motion Re: Solana Lakes Revised Site Plan - John Allen, Project Engineer. The Board members reviewed their submittal packet and staff review recommendations. Mr. John Allen, Project Engineer, advised that the revisions to this site plan were as follows: townhouses were replaced with condominiums; the density would be seven units per acre; a swimming pool was proposed to be installed in the middle of the lake; a parking garage was eliminated and replaced with underground parking. Discussion was held regarding the lake area. Mr. Allen responded that the lake would be irrigated with three fountains. Discussion was held regarding a recreation/playground area. Mr. Borris responded that the primary market dictated that typically property owners for this type of project did no have children. An ensuing discussion followed regarding the city's comprehensive plan identified a deficiency of parks on the northeast portion of the city. Following discussion, Mr. Borris agreed to contribute $3,000 to the city towards off-site park equipment. Motion by Ms. Shea -King, seconded by Mr. Fredrickson to approve the revised site plan of Solana Lakes. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 9:42 P.M. Approved on this 9th day of February ,2000. ( Signature ) Beatrice McNeely, Chairperson ( Signature ) Susan L. Chapman, Secretary City of Cape Canaveral Planning & Zoning Board January 12, 2000 7:30 P.M. Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on January 12, 2000 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice Chiarperson Donald Bergen Andrea Shea -King Leo Nicholas 1st Alternate MEMBERS ABSENT John Fredrickson OTHERS PRESENT Larry Weber Council Member Dennis Franklin Building Official Kohn Bennett City Attorney Susan Chapman Secretary to the Board NEW BUSINESS 1. Approval of Meeting Minutes: December 8, 1999. Motion by Mr. Bergen, seconded by Ms. McNeely to approve the meeting minutes of December 8, 1999 as submitted. Vote on the motion carried unanimously. 2. Special Exception Request No. 99-14 - To Allow Frank's Seaside Italian Restaurant to Serve Beer & Wine (8501 Astronaut Boulevard, Units 3 & 4) - Grant Vernon, Authorized Agent. The Board members reviewed the submittal packet. Mr. Franklin, Building Official, confirmed that all requirements had been met and that the package was complete. Mr. Nicholas disagreed. He referred to Section 110-171 (5) of the Cape Canaveral Code of Ordinances. The Board members reviewed the code PLANNING & ZONING BOARD MEETING MINUTES JANUARY 12 ,2000 PAGE 2 section requirements. Discussion followed. Following discussion, the Board concluded that the submittal was incomplete. Motion by Ms. Shea -King, seconded by Mr. Bergen to table this request until the next scheduled meeting. Vote on the motion carried unanimously. 3. Review and Recommendation to City Council Re: Request to Vacate a 12 ft. Alleyway Lying Westerly of Lots 11, 12 & 13, Block 76, Avon by the Sea (Adjacent to Flores Ocean Suites, 443 Johnson Avenue) - Petitioner was Edwin Mills, Authorized Agent. The Board members reviewed the submittal packet. Mr. Franklin confirmed that the submittal packet was complete. Mr. Mills, Authorized Agent, clarified that the request was to vacate the entire 12 ft. alleyway; the City really did not maintain the easement; and if the alleyway is granted, the City would no longer have liability. Chairperson McNeely questioned if there was an agreement between the property owner and Time Warner Communications. Mr. Mills responded that he would prepare an agreement to grant Time Warner Cable access to maintain their facilities on the existing FPL pole lines for the entire 12 ft. easement. Motion by Ms. Shea -King, seconded by Mr. Nicholas to recommend approval to vacate the 12 ft. alleyway as presented. Vote on the motion carried unanimously. City Attorney, Kohn Bennett, advised that he would prepare an ordinance for the next City Council agenda. 4. Review and Recommendation to City Council Re: Request for Florida Power & Light Utility Easement, North 5 ft. of the West 5 ft. of Lot 9, Block 51, Avon by the Sea - Donald Hunter, Designated Aaent. Mr. Dave Collins, representative for Florida Power & Light advised that a utility easement was necessary to install new FPL poles. He explained that the new concrete poles take less wind shear; would accommodate more lines; they were safer and higher than the existing wood FPL poles. Mr. Franklin, Building Official, advised that he had met with the city's Recreation Director and Mr. Collins at the site. Mr. Franklin read a letter from the Recreation Director requesting the easement be approved only with the stipulation that FPL agrees to pay the full cost of relocating the Recreation Complex sign if, after placing the pole beside it, there was any decrease in visibility to the sign. The agreement should further stipulate that any decision to relocate the sign would be solely at the Recreation Director's discretion and PLANNING & ZONING BOARD MEETING MINUTES JANUARY 12, 2000 PAGE 3 would not be challenged in any way by FPL. Mr. Donald Hunter, representative for FPL stated that he agreed to the stipulations of approval. City Attorney Bennett requested that FPL agree in writing. Mr. Hunter advised that an agreement would be prepared and delivered to City Hall the day following this meeting. Motion by Mr. Russell, seconded by Ms. Shea -King to recommend approval of the requested FPL Utility Easement to include written stipulations as outlined by the city's Recreation Director. Vote on the motion carried unanimously. 5. Review and Recommendation to City Council Re: Amending Section 110-1, Definitions of "Wall" of the Cape Canaveral Code of Ordinances. The Board members reviewed Section 110, Definitions, of the Cape Canaveral Code of Ordinances. Vice Chairperson Russell explained that the new definition would clarify the definition of a "wall" compared to a "fence". The Board members reviewed the proposed ordinance. Brief discussion followed. Motion by Mr. Russell, seconded by Ms. Shea -King to recommend approval of the proposed ordinance. Vote on the motion carried unanimously. DISCUSSION: 1. Consideration and Discussion Re: Proposed Changes to Chapter 110 of the Cape Canaveral Code of Ordinances - John Allen, President, Allen Engineering. Mr. Jim Borris, V.P., Towne Realty, showed a schematic of the overall Solana development project. He advised that Towne Realty may purchase an additional 10 acres of property to complete the project. Mr. Borris explained that the suggested changes would clarify what would be permissible uses for timeshares. The Board reviewed the proposed changes for timeshares to be permissible uses and structures in R-2, R-3 and C-1 zoning districts. The Board reviewed the proposed definition of a "kitchenette facility" and "full kitchen facility". Vice Chairperson Russell requested that these proposed definitions should be placed on the next agenda, as a separate discussion item, for further discussion. Mr. Nicholas questioned the advantage of changing the ordinances to allow timeshares. Mr. Borris responded that the adoption of the proposed changes would require a developer to construct a nicer unit with a minimum of 750 square feet. The Board members voiced concerns regarding proposing to allow commercial amenities in the R-2 and R-3 zoning districts. PLANNING & ZONING BOARD MEETING MINUTES JANUARY 12, 2000 PAGE 4 Mr. Borris pointed out that these commercial amenities included a swimming pool and recreation room to only be utilized by the individual unit owners. The Board members suggested that the term "commercial entity" be eliminated from the proposal. Chairperson McNeely requested that this agenda item be rescheduled for further discussion and consideration at the next meeting. 2. Continued Discussion Re: Evaluation of City Land Development Regulations by Planning Solutions, Inc. The Board members questioned the status of the proposed sign ordinance. Attorney Bennett advised that the business owners of the community were not very receptive to the proposed changes in a workshop that was held at the library. The Board members requested that the Building department start a list and bring their difficulties in enforcing the existing codes to the Board for consideration to change the codes. Mr. Franklin advised that there were many codes that were difficult to enforce as they were written. They asked that the staff bring these problems to the Board a few at a time. There being no further business, the meeting was adjourned at 9:30 P.M. Approved on this 26th day of January ,2000. ( Signature ) Beatrice McNeely, Chairperson ( Signature ) Susan L. Chapman, Secretary