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HomeMy WebLinkAbout2007 Jan - DecPLANNING & ZONING BOARD MEETING MINUTES DECEMBER 12, 2007 A Regular Meeting of the Planning & Zoning Board was held on December 12, 2007 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 1 st Alternate MEMBERS ABSENT Ronald Friedman 2nd Alternate OTHERS PRESENT Robert Hoog Mayor Pro Tem Shannon Roberts Council Member Kate Latorre Assistant City Attorney Todd Morley Building Official Todd Peetz City Planner Susan Chapman Board Secretary NEW BUSINESS Approval of Meeting Minutes: November 28, 2007. Motion by Lamar Russell, seconded by Bea McNeely, to approve the meeting minutes of November 28, 2007. Vote on the motion carried unanimously. 2. Presentation & Discussion Re: Sheldon Cove Plaza Project Concept — Arthur Berger, Presenter. At the request of City Council, Bill Mays, General Partner, Sheldon Cove, LLP, gave a power -point presentation of a proposed Sheldon Cove Plaza project that he was very interested in pursuing. He advised that the project would be located at the Northeast corner of the intersection of Astronaut and Central Boulevards, and the project cost would be approximately $30 million. Planning & Zoning Board Meeting Minutes December 12, 2007 Page 2 Mr. Mays advised that the project would encompass a 200,000. sq. ft. building and would be a 21St Century architectural design. It will have 40,000 sq. ft. of upscale retail and professional services space, and 160,000 sq. ft. of executive offices. He explained that the project would provide a place for residents to shop and dine; and provide a place for legal, medical, and business professionals to conduct business, while providing needed services to residents. He noted that the project would create approximately 1,272 new jobs, with an average annual salary of $72,303. Direct financial benefits to the City would include: annual tax revenues, impact fees to support City operations, business licensing fees, and increased property values. The Board members reviewed various schematic drawings of the proposed plaza. Mr. Mays advised that the plaza would require an increase to the current height restriction for commercial buildings. He explained that in order to meet current building codes and needs of the tenants; the proposed structure would be five stories, with a building height of 65 ft. The current restrictions did not allow construction of structures over 45 ft. He asked if the City desired a building with beautiful and creative architecture, as shown in the presentation, or a 45 ft. box shaped building. He voiced his opinion that the location of the plaza would not create any dramatic change of view for residents, nor directly affect any residential neighborhood, because it would be completely surrounded by commercial property. Mr. Mays concluded his presentation. The Board members held discussion. Chairperson, Bea McNeely, questioned what the traffic impact would be? Arthur Berger, Sheldon Cove representative, answered that a traffic study was performed when the 8810 Astronaut Boulevard building was constructed, and the traffic impact was less that a 1 % increase. City Planner, Todd Peetz, advised that this new project would create a lot of peak hour trips, because of the types of uses. Mr. Berber responded that another traffic study would need to be done if this new project was approved. Mr. Peetz suggested that a traffic study be performed, as soon as possible. Donald Dunn questioned how the South bound traffic would enter the project? Mr. Berger responded that there was a turn lane on Central Boulevard. Harry Pearson requested that Sheldon Cove create a Citizen Awareness and Participation Plan (CAPP) and have meetings for public input regarding the proposed project. Mr. Mays advised that he would like the citizens to know what they were proposing, and welcomed their input and suggestions. He added that he would definitely be interested in public communications throughout the entire project. Council Member, Shannon Roberts, stated for the record, that a community survey was a City supported survey, and the City had received statistically significant feedback from the survey regarding the residents' wants and needs. Planning & Zoning Board Meeting Minutes December 12, 2007 Page 3 Vice Chairperson, Lamar Russell, advised that on December 12, 2007, the City Council asked the Planning & Zoning Board to evaluate and make recommendations to the City Council regarding this concept. Mr. Russell commented that traffic was a large concern. Although this project was not going to significantly impact the existing traffic, because the project would be located at the North end of the City's main corridor; therefore, the traffic from this project should not impact the rest of the City. Mr. Russell questioned if the City wanted to continue restricting commercial building height to 45 ft., which looks like a big square box; or consider increasing the height? He also questioned how the City could allow what was being requested? Mr. Russell questioned how the Board could study and recommend a 65 ft. height limit? He advised that the existing process would require a zoning amendment. Mr. Russell outlined the following options to increase height: Option #1 Sheldon Cove, LLP could request a zoning amendment. (Which he noted would be reviewed by the Planning and Zoning Board.) Option #2 The Planning & Zoning Board could recommend a zoning amendment to the City Council to allow 65 ft. height for this one project. Option #3 The Planning & Zoning Board could recommend 65 ft. height for defined lot depths along A1A. Option #4 The Planning & Zoning Board could incorporate 65 ft. height allowance into the Mixed Use Development (MUD) consideration. In which, the City Council could approve specific MUD sites, with recommendation from the Planning & Zoning Board. Mr. Russell commented that the proposed project was worthy of serious consideration, because it was a good project that would support today's market. He asked that Board members to be opened minded in considering this concept. He noted that Sheldon Cove was the first to consider this concept, and their project could be a forerunner for future commercial projects. He recommended that mixed-use developments be considered on a site -by -site basis. Mr. Mays confirmed that residential was not a consideration for this project. Planning & Zoning Board Meeting Minutes December 12, 2008 Page 4 Discussion was held regarding height limit. Mr. Dunn advised that he saw a problem with South bound traffic, and a problem with increasing the height to 65 ft. He suggested that the City consider increasing the height limitation to 100 ft. Ms. McNeely commented that the voters previously made it clear that changing the rules for one development was not fair; other requests to increase height had been turned -down; the 45 ft. height limit was based on a referendum, and past history. Mr. Johanson advised that the referendum was done in the 1970's (34 years ago). Ms. McNeely rebutted that the City has held the line for so long, and questioned why the City was now considering increasing the 45 ft. height limitation for this one project. Mr. Johanson suggested that the Board members be opened minded. He added that this idea was part of the planning duties of the Board. Mr. Russell agreed with Ms. McNeely, that the City has defended the line, which got the City to where it is today. He commented that Cape Canaveral is a community of choice, and now it was time for change, on a case by case basis, and the City would still be able to control the overall height. Mr. Pearson advised that the CAPP would answer what the citizens want. Chairperson McNeely announced that due to the time and lengthy agenda, the Board would continue this discussion at another meeting. The Board made no recommendation to the City Council. 3. Discussion Re: Creating a Zoning Matrix — Todd Peetz City Planner. Todd Peetz, City Planner, explained that a zoning matrix had been suggested as part of the Land Development Code review. He advised that the proposed zoning matrix had been updated t90 reflect the comments from the November 28, 2007 Planning & Zoning Board meeting. The Board members reviewed the updated matrix. Todd Morley, Building Official., stated that he supported approval of the matrix; and commented that it should have been created a long time ago. Kate Latorre, Assistant City Attorney, questioned if the matrix was going to be part of the City code. Lamar Russell suggested that the matrix be used as a tool for the Building department staff and the public. Bea McNeely suggested that the matrix be named "Summary Zoning Code Matrix." Discussion followed regarding setbacks. Todd Peetz advised that he would update the matrix, based on the Board's discussion, and bring the matrix back to the Board for recommended approval. Motion by Bea McNeely, seconded by Donald Dunn, to continue this agenda item at the next meeting. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes December 12, 2007 Page 5 Lamar Russell suggested that the order of agenda, items #4 and #5, be switched. Bea McNeely polled the Board members. All the Board members agreed to move the order of the agenda items. 4. Review and Recommendation to City Council Re: Consideration of a Citizen Awareness and Participation Pian (CAPP) Process — Todd Peetz City Planner. Todd Peetz, City Planner, advised that residents had made comments during some of the recent City Council and Planning & Zoning Board meetings, regarding the developer of Sheldon Cove not discussing the proposed project with them. He explained that there was no requirement to have community meetings with residents or neighboring property owners with developers. He stated that the creation of the CAPP process would have the developer meet with residents to discuss and resolve community issues, before bringing the project to public hearings. He noted that at the November 28, 2007 Planning & Zoning Board meeting, the Board members expressed interest as to how the CAPP would be implemented. He advised that the Board did not want to add time and cost to the City, or an impediment to a developer. The Board members reviewed the City of Winter Springs CAPP Handbook. Discussion followed. The Board members questioned if there would be associated costs to the developer; would there be City expenses; how should the City encourage early and effective citizen participation; notification requirements; project delays; and encouraging, not requiring, a formal report from the developer; if the CAPP was already implemented, would the tank farm issues be resolved; should Sheldon Cove have participation with the entire City; should the citizens be approached; how much time would be involved with the City staff and the Board; and should the CAPP apply to a single family development? Bill Mays, developer, advised that the City was made up of a lot of renters, not just property owners. Dawn Mays advised that they would like the opportunity to come back to the City with ideas of how to communicate with the public and present viable statistics. Discussion followed. Motion by Bea McNeely, seconded by Donald Dunn, to table this agenda item until Mr. Mays comes back with ideas to implement the CAPP. Discussion followed. Mr. Mays advised that he should have some information by the January 9t�', 2008 meeting. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes December 12, 2007 Page 6 5. Discussion Re: Creating an Open Space Provision — Todd Peetz, City Planner. Todd Peetz, City Planner, advised that at recent City workshops and City Council meetings, the topic of open space had come up. He explained that there were concerns regarding not enough open space being required. He further explained that generally, open space for an individual lot was provided through setbacks and necessary drainage areas. He advised that setbacks are used for parking; drainage; and in some cases can be located underground; or in small townhouse projects, the drainage could be located at one end of the property or the other. He advised that the Board packet included information pertaining to how open space is provided for in other communities. He noted that open space is often required in Planned Unit Developments (PUD), just like in the City's Residential Planned Unit Development Code Section 110-438. He noted that at the November 28, 2007 Planning & Zoning Board meeting, it was requested that staff similarly situated cities. He advised that the Board packet contained those definitions. He highlighted the various cities definitions of open space; and noted that Cape Canaveral would be the first city to have green space defined in their code. Bea McNeely commented that she would like to see more vegetative open space. Mr. Peetz suggested that the City include vegetation with open space. He noted that the current City code did not require any open space. He noted that up to 50% of property could be used for ponding in some of the other cities codes; and that 30% of open space seemed viable for both residential and commercial. He advised that the City may want to establish a minimum lot size before requiring green space. He stated that in his opinion open space was the same as green space. He advised that open space would need to be defined and then the Board would need to figure out how it should be applied. He stated that the way t6o get more open space/green space was for the City to increase minimum lot sizes. Due to the time, Chairperson McNeely polled the Board members to continue discussion at another meeting. All the Board members agreed. 6. Discussion Re: Verification of Minimum 5 Acres for Hotel Sites — Residence Inn and Country Inn & Suites — Todd Peetz City Planner. Planning & Zoning Board Meeting Minutes December 12, 2007 Page 7 Todd Peetz, City Planner, advised that the existing hotel sites in question met the minimum five acres requirement, with the Residence Inn site having 6.23 acres, which includes the South out -parcel for the proposed Burger King; and Country Inn & Suites having 7.17 acres. John Fredrickson questioned what the City's recourse would be if the hotels did not have the required minimum acreage? Todd Peetz answered that they would be considered non -conforming and would need to be replatted to meet the minimum five acres requirement. Kate Latorre, Assistant City Attorney, added that the parcels could not have been subdivided without prior approval from the City. Lamar Russell commented that the property owners just need to make sure they keep a minimum of five acres for the hotel sites. Kate Latorre advised that staff would look into the matter of the Burger King and Hertz Rent-A-Car out -parcels, and would report her findings back to the Board. OPEN DISCUSSION Todd Morley, Building Official, advised that staff was working on a new procedure for courtesy notices to residents within a 500 ft. radius for the Board's consideration at an upcoming meeting. Todd Peetz, City Planner, advised that the Florida Redevelopment Association could provide an associate to review, comment, and make suggestions to the Board about mixed use developments; however, the City would need to provide per diem and overnight hotel accommodations to send the associate to speak to the Board. There being no further business the meeting was adjourned at 10:07 p.m. Bea McNee G;, Susan PLANNING & ZONING BOARD MEETING MINUTES NOVEMBER 28, 2007 A Regular Meeting of the Planning & Zoning Board was held on November 28, 2007, 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 Assistant City Attorney Donald Dunn Building Official John Johanson 1 st Alternate Ronald Friedman 2nd Alternate MEMBERS ABSENT Harry Pearson OTHERS PRESENT Robert Hoog Mayor Pro Tem Shannon Roberts Council Member Kate Latorre Assistant City Attorney Todd Morley Building Official Todd Peetz City Planner Susan Chapman Board Secretary NEW BUSINESS Approval of Meeting Minutes: October 24, 2007. Motion by Lamar Russell, seconded by Donald Dunn, to approve the meeting minutes of October 24, 2007, with changes as discussed. Vote on the motion carried unanimously. 2. Review Re: Creating a Zoning Matrix - Todd Peetz, City Planner. Todd Peetz, City Planner, explained that a zoning matrix was suggested by the Board as part of the Land Development Code review. He advised that the idea was to have a more user-friendly document that was easy to read and understand. The Board members reviewed the zoning matrix. During discussion, a few typos were discovered. The Board recommended changes consistent with the discussion. They requested that the City Planner make the corrections and changes, as discussed and brought back to the Board at the next meeting from recommendation to City Council. Planning & Zoning Board Meeting Minutes November 28, 2007 Page 2 3. Discussion Re: Creating an Open Space Provision - Todd Peetz, City Planner. Todd Peetz, City Planner, advised that the topic of open space had arose in recent City Council workshops. He explained that generally, open space for an individual lot was provided through setbacks and necessary drainage areas; however, the setbacks were used for parking and drainage; and in some cases, open space was located underground or at one end of the property or the other in small townhouse projects. Mr. Peetz advised that the information contained in the agenda packet discussed how other municipalities addressed open space. He noted that open space was often required in Planned Unit Developments (PUD), (which the city code provided for in Section 110438). Discussion was held regarding whether or not the city should prepare a provision to include open space, as a required provision, in the Land Development Code. The Board members reviewed the city's code definition of open space. During discussion, the Board members noted that green space was not mentioned; and setbacks did not count as open space. Further discussion was held regarding: the city's tree code and preservation of trees; open space; green space; and because the city was 90% built -out, they wanted to research other municipalities definitions of open space and green space; and then create open space categories for: new developments, redevelopments, and preservation of the existing. Discussion continued regarding: the city needing to reduce density, and purchase land for parks to add and protect open space and green space. The Board concluded to hold further discussion at the next meeting. 4. Review and Recommendation to City Council Re: Consideration of a Citizen Awareness and Participation Plan (CAPP) Process - Todd Peetz City Planner. Todd Peetz, City Planner, explained that the purpose of a citizen awareness and participation plan (CAPP) was to ensure that applicants provide early and effective citizen participation in conjunction with their applications, to provide citizens with an adequate opportunity to learn about proposed applications that may affect them; and to facilitate communication between the applicant, citizens, property owners, and the city. The Board reviewed the City of Winter Springs Citizen Awareness and Participation Plan Handbook. Planning & Zoning Board Meeting Minutes November 28, 2007 Page 3 Discussion was held regarding: defining, creating, and establishing criteria for CAPP in an effort to better understand how CAPP would work, without creating additional cost to the city, or delaying a project; and establishing an effective date to enact a CAPP. Todd Peetz agreed to bring more information to the Board for further discussion at the next meeting. OPEN DISCUSSION Open discussion was held regarding: mixed use districts, McDonald's signage, timing of future items to be brought to the Board, and whether or not to cancel the regular meeting of December 26th due to the Christmas holiday. Todd Morley, Building Official, advised that McDonald's was notified to remove the window signage within 10 days of the Courtesy Notice which was mailed last week. By unanimous consensus the December 26, 2007 meeting was canceled. There being no further business the meeting was adjourned at 9:45 p.m. Bea McN on Susan L. Chapman, Sec etary PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 24, 2007 A Regular Meeting of the Planning & Zoning Board was held on October 24, 2007, 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 Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson Ronald Friedman OTHERS PRESENT Robert Hoog Shannon Roberts Kate Latorre Todd Peetz Susan Chapman NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Mayor Pro Tem Council Member Assistant City Attorney City Planner Board Secretary 1. Approval of Meeting Minutes: October 10, 2007. Motion by Harry Pearson, seconded by Lamar Russell, to approve the meeting minutes of October 10, 2007. Donald Dunn requested that a statement that he made during the discussion of agenda item #2 be added to the minutes. He advised that he would give the wording to the Board Secretary to add to the minutes. Vote on the motion carried unanimously. 2. Review Re: Land -Use Matrix for Mixed -Use Districts. Todd Peetz, City Planner, noted that at the September 12th meeting, there was a presentation of existing mixed land use districts. It was determined that the mixed land use concept had merit to investigate further without being developer - driven. There was a series of proposed steps that the city could proceed with to ultimately decide if mixed-use districts were desirable for the city. Planning & Zoning Board Meeting Minutes October 24, 2007 Page 2 Todd Peetz identified the steps that the Board should look at from other jurisdictions' rules and requirements for mixed land use in a matrix format. He advised that the purpose was to determine what elements would work for the city and which would not. He noted that the board was only on steps one and two of the following proposed action plan: 1. Create a mixed-use matrix of rules and regulations from other communities. 2. Determine what elements would be appropriate for the City. 3. Take community input. 4. Invite potential stakeholders. 5. Develop a concept plan with the stakeholders' input and support. 6. Have the code/concept plan critiqued to determine if it were economically feasible. 7. Modify and adopt ordinance as determined to be appropriate for the City. The Board members reviewed a mixed use matrix that was provided by Todd Peetz, and mixed use ordinances from various cities. Discussion was held regarding mixed use as follows: determining what elements would be appropriate for the city; creating an independent zoning district; clearly defining that mixed use not be allowed in any residential districts; updating the Comprehensive Plan; creating a zoning name for a residential/commercial mixed use district; determining and defining allowed uses; deciding where mixed use districts should be allowed and create location criteria; minimum acreage; whether or not to allow townhomes, mixed use on water frontage, and regulating alcoholic beverages from being within 300 ft. of schools, churches, and playgrounds. They discussed parks, awnings, town squares, walkways, fountains, trees, park benches, parking and loading areas, traffic flow, refuse management; pedestrian walkways, bikeways, and sidewalks; appearance; parking requirements (i.e. shared parking, parking garages, parking on the streets, off street parking, and on-site parking); green space; what kind of designs, styles and themes to allow; maximum building height; open and closed balconies; the front of the building facing the street; consider allowing outside displays of merchandise; exterior lighting; and whether or not to allow residential on the ground floor of a multi -use structure; and creating a mission statement for mixed use. Planning & Zoning Board Meeting Minutes October 24, 2007 Page 3 Tom Hermasen, Residence Inn, suggested that the maximum building height of 45 ft. be increased so that ceiling heights could be an average of 8 1/2 ft., which would enhance architectural creativity. Chairperson McNeely asked that the Board members take into consideration that taller buildings block the sun and breeze. John Fredrickson stated that the town was already overbuilt, the residents can't sell what the already have, and the city did not need any more development. He gave examples of unfinished and non -sellable units that were located throughout the city. Donald Dunn suggested that the city require a development agreement. He stated that the developer shall provide to the City a copy of a performance bond for the entire development; this performance bond shall cover all aspects of the development including all of the building occupancy. Todd Peetz responded that the city would not want to be responsible for finishing private developments. The Board members concluded that they would like to see visionary pictures of existing mixed use developments and hold visioning discussions at future (0111 meetings. 3. Review & Recommendation Re: Repeal Section 110-376 Preservation of Trees. Kate Latorre, Assistant City Attorney, explained that this ordinance was to repeal Section 110-376, preservation of trees because this section was not consistent with Section 102. Brief discussion followed. Kate Latorre clarified that Section 110-376 appeared to have not been amended at the time the major revisions to Section 102 were enacted. The repealing of Section 110-376 would clean up this discrepancy. Motion by Harry Pearson, seconded by Donald Dunn, to recommend repealing Section 110-376, Preservation of Trees. Vote on the motion carried unanimously. OPEN DISCUSSION Due to the time there was no open discussion. There being no further business the meeting was adjourned at 10:07 p.m. lBea M e y, Chairp on quai Susan L. Chapman, Sec etary LOCAL PLANNING AGENCY MEETING MINUTES FEBRUARY 27, 2008 A Regular Meeting of the Planning & Zoning Board was held on February 27, 2008, 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 John Fredrickson Donald Dunn Hart' Pearson John Johanson 1 st Alternate Ronald Friedman 2nd Alternate MEMBERS ABSENT Lamar Russell Vice Chairperson OTHERS PRESENT Robert Hoog Mayor Pro Tem Shannon Roberts Council Member Kate Latorre Assistant City Attorney Todd Peetz City Planner Susan Chapman Board Secretary NEW BUSINESS Approval of Meeting Minutes: January 11, 2006. Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes of January 11, 2006. Vote on the motion carried unanimously. 2. Review and Recommendation to City_ Council Re: Ordinance #02-2008 Adopting a Small Scale Future Land Use Map Amendment by Changing the Future Land Use Map Designation of Certain Real Property Totaling 1.95 Acres More or Less. Generally Located Along the North Side of Shorewood Drive at the Southwest Corner of Jetty Park From R-3 Medium Density Residential to C-1 Low Density Commercial — Petitioner is Cape Caribe, Inc.. Kohn Bennett, Applicant. Chairperson McNeely advised that the agenda item was quasi judicial and everyone who would be speaking needed to be sworn by Assistant City Attorney. All person giving testimony were sworn in by Kate Latorre, Assistant City Attorney. Local Planning Agency Meeting Minutes February 27, 2008 Page 2 Chairperson McNeely read the agenda item for the record. Todd Peetz, City Planner, explained that the City received an application from Cape Caribe to expand 1.2 acres from R-3 residential to C-1 commercial to use for parking and expand their water amenities. He advised that the remaining portion of the amendment was to fill-in what was previously shown on the Future Land Use Map as the proposed Ridgewood Avenue extension. He explained that Ridgewood Avenue was a proposed roadway extension and was not a City right of way, but exclusively owned by Cape Caribe. He noted that this amendment was for only that portion of the proposed Ridgewood Avenue extension that was located north of Shorewood Drive. Therefore, the small scale comprehensive plan amendment was a total of 1.95 acres. Kohn Bennett and John Grandlich, Representatives of Cape Caribe, Inc. advised that the small scale comprehensive plan amendment and rezoning would allow them to expand their existing amenities and parking. He explained that future plans included: 5 acres directly north of Coastal Fuels for a passive park and three additional buildings, with the balconies facing North and West to act as a noise buffer. Their future plans included reducing density by omitting 54 rooms, which equaled 128 rooms less than what was allowed by the city code. They met with property owners and board members from Shorewood, Solana Shores, and Solana Lakes Associations. They had received favorable responses and feedback from the residents. Councilwoman Roberts advised that she had received favorable feedback from Solana Shores and Solana Lakes. Mr. Bennett advised that the expansion would be consistent with the existing character of the C-1 zoning area. They also plan to expand the liquor service and would be submitting for an expansion of the existing special exceptions; and the area would be limited to the use for recreation and parking only. Harry Pearson made a motion to recommend approval with a binding contract agreement to limit the use. Motion failed for lack of a second. Todd Peetz, City Planner, advised that the development agreement should be done at the time of site plan. Residents of Solana Shores voiced concerns and made comments including: the rezoning having significant differences between residential use and commercial use; proposing a water park instead of a residential timeshare was a significant change of use; complaints regarding the existing noise and music being too loud without the expansion; the expansion would adversely effect the residential properties; the City's Business and Cultural Development Board has recommended that their be no more special exceptions granted; the rezoning proposal would increase the existing noise level; when property owners call and complain, Cape Caribe turns the radio down; and they are good neighbors. Local Planning Agency Meeting Minutes February 27, 2008 Page 3 There was a letter submitted by a citizen in the audience that did not speak fluent English. The letter was entered into the record and read by Board member John Johanson. (The letter is attached and hereby made part of the record meeting minutes.) Mr. Bennett rebutted some of the comments. He explained that the property was not close to Solana Shores. He advised that one of the proposed buildings would act as a buffer, which was located at least 1,000 ft. away from any of the Solana Shores buildings. Thick vegetation would be planted to act as a noise buffer. He was surprised that a noise issue was brought up, because when they met with the residents no one complained about noise. Mr. Bennett and Mr. Grandlich agreed to look into the noise issue. Mr. Bennett advised that a band plays at the north end of the existing deck area from 11:00 a.m. — 3:00 p.m. on weekends. He stated that dispersing people over larger areas decreases the amount of noise. Todd Peetz advised that the City would verify heavy vegetative buffering during the site plan review. Motion by Harry Pearson, seconded by Bea McNeely, to recommend approval of Ordinance #02-2008, to City Council. Brief discussion followed. Vote on the motion carried unanimously. T4ere being no further business the meeting was adjourned at 8:16 p.m. j Bea McNeel Chairperson I . Susan L. Chapman, S cretary PLANNING & ZONING BOARD MEETING MINUTES ' OCTOBER 10, 2007 A Regular Meeting of the Planning & Zoning Board was held on October 10, 2007, 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 Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson Ronald Friedman OTHERS PRESENT Todd Morley Kate Latorre Todd Peetz Susan Chapman NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Building Official Assistant City Attorney City Planner Board Secretary Approval of Meeting Minutes: September 26, 2007. Motion by Lamar Russell, seconded by Harry Pearson, to approve the meeting minutes of September 26, 2007. Vote on the motion carried unanimously. 2. Recommendation to City Council - Ordinance Re: Appeals to the City Council from Decisions made by the Community Appearance Board and the Board of Adjustment. Kate Latorre, Assistant City Attorney, advised that the ordinance was prepared at the direction of City Council. She explained that the Board of Adjustment and Community Appearance Board would still make decisions; however, the ordinance would allow an aggrieved affected party to file an appeal with the City Council, within 10 days of the final decision. Discussion followed. Planning & Zoning Board Meeting Minutes October 10, 2007 Page 2 During discussion, the Board members made the following comments: No city in the County had an appeal process to the City Council; if there was no history of problems regarding the Board's decisions, then why was the process being changed; the city was chartered in 1962 and the City Council, at that time, had empowered the Planning & Zoning Board and Board of Adjustment to make final decisions?; the present City Council already took away the voting powers of the Planning & Zoning Board, now they wanted to take away voting powers from two additional Boards; if the ordinance was passed, the decisions would become political; elected officials were not necessarily smarter, wiser, or more experienced than appointed board members. Lamar Russell stated, for the record, that he was against proposed Section 110-33. Discussion continued. Sandy Young, citizen, agreed with the Board's comments. Motion by Lamar Russell, seconded by Donald Dunn, to recommend to City Council that the ordinance not be adopted. Vote on the motion carried unanimously. 2. Recommendation to City Council - Ordinance Re: Clarifvinq the Criteria Required for Preliminary and Final Subdivision Plat Review and Approval Todd Peetz, City Planner, explained that the city had recently begun processing final plats for recording, and upon submitting final plats to the County Clerk for recording, the County Clerk required additional information than what is required by city code. He advised that the proposed ordinance clarified the criteria required for preliminary and final subdivision plat reviews and approvals, in compliance with the Brevard County Clerk and Chapter 177, Florida Statutes. The Board members reviewed and held discussion regarding the proposed ordinance. Motion by Lamar Russell, seconded by Donald Dunn, to recommend approval of the proposed ordinance, with minor changes, as discussed, to include that the final plat be recorded within fourteen (14) days of City Council approval. Vote on the motion carried unanimously. OPEN DISCUSSION Todd Morley, Building Official, reviewed the current requirements for preliminary and final plats and replats, indicating that the current ordinance has multiple duplicate entries and requires depictions of elements that are more appropriate for site plan review. Lamar Russell asked that Mr. Morley present his findings to the Assistant City Attorney for consideration of an ordinance revision which would remove any unnecessary and duplicate requirements. Planning & Zoning Board Meeting Minutes October 10, 2007 Page 3 There being no further business the meeting was adjourned at 9:50 p.m. Bea McN6e—lv. Chai oacson Susan L. Chapman, A Regular Meeting of the Planning & Zoning Board was held on September 26, 2007, 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. OTHERS PRESENT Robert Hoog Shannon Roberts Todd Morley Kate! Latorre Todd Peetz Susan Chapman Chairperson Vice Chairperson entered late 1 st Alternate 2nd Alternate Mayor Pro Tern Council Member Building Official Assistant City Attorney City Planner Board Secretary 1 Approval of Meeting Minutes: September 12, 2007. Motion by Harry Pearson, seconded by John Fredrickson, to approve the meeting minutes, of September 12, 2007. Vote on the motion carried unanimously. 4 2, Discussion Re: Amendinq Section 110-4911 to include Parking Requirements for Resort Dwelling Units. Chairperson, Bea McNeely reviewed the documents contained in the Board packet. City Planner, Todd Peetz, gave an overview of other municipalities parking requirements for tourist homes, rooming and boarding houses, bed & breakfasts, residential and commercial resorts, and resort dwellings. City Attorney, Kate Latorre, advised that the current resort dwelling code did not currently address parking requirements. She asked the board to take under consideration that City Council referred the use as commercial, not residential. Planning & Zoning Board Meeting Minutes September 26, 2007 Page 2 John Johanson suggested that the city limit the amount of vehicles and the parking be the same as a residence. Lamar Russell advised that one of the criteria when they created this ordinance was to allow people to keep a use they already had. Instead, they invited everyone to participate. These homes already had residential parking requirements. He gave his opinion that the parking requirements should be left the way they already were. Harry Pearson questioned the Building Official regarding a parking violation at a resort dwelling, if the violation would be enforced through the nuisance ordinance. Todd Morley responded that if it is part of the nuisance ordinance then it would be enforced. Todd Peetz noted that some of the resort dwellings did not have space for additional parking. Kate Latorre confirmed that if an applicant did not have the appropriate number of parking spaces, then they would not be allowed to have a resort dwelling unit. Ron Friedman commented that the owners need to be responsible for parking because, they had a responsibility and obligation to enforced established parking requirements. Art Berger, citizen, advised that he owned property that only had one parking space per unit; the units were one bedroom or efficiencies. Todd Peetz advised that if it was built today it would require two parking spaces per unit. Art Berger advised that there was no property left for additional parking. He noted that he applied for the property to be resort dwelling units. Chairperson McNeely advised that when the city considered the use it was only intended for existing property owners that already had the use. Mr. Berger responded that he thought he could apply for the use, and he paid $1,800 to apply which he requested to have returned to him if the city wasn't going to allow him the use because he could not meet an additional parking requirement. Ron Friedman recommended one parking space for each bedroom. Lamar Russell responded that the existing codes already exceeded one space per bedroom. John Johanson suggested that owners address limited parking in their rental agreements. Todd Peetz suggested that no parking signs be installed on the streets. Lamar Russell advised that the Board did not receive enough facts from the Building Official to verify that there was a parking problem and where they existed. Discussion was held regarding maintaining the city's residential community and neighborhoods, and not be a city of tourist resort dwellings. The Board members agreed that parking violations should be addressed in the nuisance ordinance and enforced by the civil citation ordinance. Kate Latorre advised that the nuisance ordinance did not address parking violations. Motion by Lamar Russell, seconded by Bea McNeely, that parking for resort dwellings shall not have less than the number of parking spaces in existence, at each site, at the time of application, for the certificate of non -conforming status. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes September 26, 2007 Page 3 OPEN DISCUSSION Ron Friedman advised that the Bayside development was issued a final certificate of occupancy without the property being built according to the approved site plan. Todd Morley, Building Official, advised that the city did not have a stormwater employee when Bayside was built. Mr. Friedman recommended that when City Council is dealing with approving site plans that a condition be placed on the site plan that the project shall be built in accordance with the approved site plan on file with the city, with the exception of minor revisions, which shall be approved by the Building Official. Following discussion, by consensus, the Board members agreed with Mr. Friedman. Assistant City Attorney, Kate Latorre, advised that she would forward the board's consensus to the City Council. There being no further business the meeting was adjourned at 9:37 p.m. !. Bea McNee irperson Susan L. Chapman, Sec etary PLANNING & ZONING BOARD MEETING MINUTES SEPTEMBER 12, 2007 A Regular Meeting of the Planning & Zoning Board was held on September 12, 2007, 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 Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson Ronald Friedman OTHERS PRESENT Robert Hoog Shannon Roberts Buzz Petsos Kate Latorre Todd Peetz Susan Chapman NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Mayor Pro Tem Council Member Council Member Assistant City Attorney City Planner Secretary 1. Approval of Meeting Minutes: August 22, 2007. Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes of August 22, 2007. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Casa Esperanza - Final Replat, (331, 333 & 335 Fillmore Avenue) - Section 23, Township 24 South, Range 37 East, Replat of a Portion of Lot 7 & All of Lot 8, Block 58, Avon by the Sea Subdivision - John Johanson. Applicant. (Postponed 0-D Previous Meetin Mr. Johanson declared a conflict of interest. Todd Peetz, City Planner, reported that since the previous meeting, Mr. Johanson had provided a sample of protective covenants. Kate Latorre, Assistant City Attorney, verified that she had no concerns with the reviewed sample, although the covenants need to be updated to reflect this project. Planning & Zoning Board Meeting Minutes September 12, 2007 Page 2 Mr. Johanson, Applicant, advised that there would be a party wall agreement, but he did not believe it was required by code. Kate Latorre advised that a party wall agreement was a part of the protective covenants; they were required because they would need to be recorded and run with the property. The Board reviewed city code Sections 110-377, 98-41, and 98-59. Following discussion of the code sections, Mr. Johanson commented that he was not convinced that the documents were required. He stated that he was not going to do something that was not required by the code; however, he was going to record a party wall agreement similar to what was in the Board's packet. Vice Chairperson, Lamar Russell, advised that the code should be specific and spell -out what the owner(s) responsibilities were for the common elements. Todd Peetz announced that the Board would be discussing the replat process at the next meeting. Ron Friedman commented that the P & Z Board needs to use common sense to protect the life, safety, and welfare of the citizens. John Johanson rebutted that (0111, there were no life, safety, or welfare issues. Sandra Butler, citizen, commented that people who buy townhomes and not condominiums do so because they don't want to live in a place where there are specific rules and regulations that they are made to follow. Motion by Harry Pearson, seconded by Lamar Russell to recommend approval of the Casa Esperanza Final Replat to City Council, with the condition that a party wall agreement be recorded. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: Dedication of a 10.00 ft. Wide Sanitary Sewer Easement at the Mermaid Key Revised North Parcel. Todd Peetz, City Planner, clarified that the requested action for this agenda item was to recommend approval of a new proposed dedication for the easement at the Mermaid Key project. The Board members reviewed the proposed dedication. Brief discussion followed. Motion by Chairperson McNeely, seconded by Harry Pearson to recommend approval. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes September 12, 2007 Page 3 4. Presentation & Discussion Re: Mixed Use - Chris Keller for Miller Leg -g. Chris Keller, Presenter, explained to the Board that they would be entertaining a mixed use concept, in a neutral environment, without being driven by a developer. Mr. Keller began his power point presentation for mixed use development, which included: what it was; the history; benefits; considerations for the Board; and examples & elements. Mr. Keller's presentation on the history of mixed use included: examples of agrarian communities and rural villages, pre -industrial and industrial, land use segregated as a result of the industrial age, and modern residential areas with segregated uses. Mr. Keller explained that mixed use development encourages a variety of complementary land uses, and included: a reduction of auto trips, increased social interaction, synergy/critical mass, quality development, enhanced economic investment and increased tax base. Mr. Keller advised that mixed use would benefit the city by including choices of workability such as: transportation, housing choice, consumer choice, urban renewal, aesthetics, amenities, synergy, design flexibility, financial feasibility. He noted that while mixed use development had many benefits, such as preservation of undeveloped or environmentally sensitive land, some drawbacks did exist, which should be considered as follows: the residential component of mixed use development was often best suited for those who enjoyed public rather than private amenities, including community pools or playgrounds; some consumers preferred "big box" retailers, such as Wal -mart, instead of corner stores even though big box retailers often have negative connotations. Mr. Keller explained that special considerations should include: crime, parking, greater traffic congestion, design and architecture reflecting the community's image, and building height. Mr. Keller encouraged the city to ask questions before approving mixed use such as: was the proposed development consistent with the vision and culture of the community; was it taking into account the highest and best use of the property; was it legally permissible, physically possible, and financially feasible; what economic benefits or incentives were available to the developer through the project to enable him/her to give the city a product it desired. Planning & Zoning Board Meeting Minutes September 12, 2007 Page 4 Mr. Keller gave examples and elements of mixed use, such as: flexible setbacks, combination of residential and retail, traffic calming with on -street parking, off- street parking, narrow lane widths, and dedicated bike lanes, parking in the rear of buildings, sidewalks and open areas being pedestrian oriented with plazas, fountains, and public spaces. Following Mr. Keller's presentation, discussion was held regarding redevelopment; existing mixed use developments within the state; minimum acreage; height; benefits; the city maintaining it's current density, intensity, and height; encouraging mixed use in centrally located areas; and the possibility of mixed use on certain properties throughout the city. Comments from the audience regarding mixed use included: the desirability for mixed use; preserving Astronaut Blvd. for solely commercial uses; encouraging commercial, retail, and residential areas along N. Atlantic Avenue; vacancy rates and turn -over of mixed use developments; the ongoing success of mixed use developments within the state; researching and reviewing other city's codes on mixed use; sustainability and economics; identifying properties for possible redevelopment; existing residents desirability for mixed use and types of retail. Bennett Boucher, City Manager, advised the Board that the City Council members were receptive to the mixed use concept. He pointed out that the C-2 district was created to give the property owners, along Al A, with vacancies, more choices to give tenants to fill their building(s); the city then asked those property owners if they would be willing to change their zoning and take advantage of the new C-2 zoning. He referred to the zoning map and pointed out the properties that the city had rezoned to the C-2 zoning district. He explained that the Board would be "putting tools in the tool box" to see if there was any public interest from property owners for mixed use. Mr. Boucher asked the board to think about how to revitalize the United Space Alliance property if something happened to the shuttle program to make the complex viable again. Mr. Russell noted that the building was designed as a shopping complex and spoke briefly about the various planned space programs. Mr. Boucher commented that if the city created an appealing mixed use concept which looked viable to a property owner, they would come to the city and ask for it. He advised that within the next five to ten years there would be transition in the area. He noted that the Port was going to continue to grow, there was going to be redevelopment, and continued development on this barrier island. Betty Gould, the property owner of Oak Manor Mobile Home Park, commented that mixed use would enhance the city, and she would entertain the idea for her property which was 10 acres. Planning & Zoning Board Meeting Minutes September 12, 2007 Page 5 John Anderson, Chairperson, Business & Cultural Development Board, spoke about the results of the city's 2006 survey. He advised that most citizens wanted more retail, doctors, restaurants, and dry cleaners. He further advised that the Board recommended that mixed use be introduced into the community. Following discussion, the Board members agreed that they should have discussion at their first meeting in October to look at other cities mixed use codes. Todd Peetz advised that he would develop a matrix of basic elements from other cities mixed use codes to assist the Board. There being no further business the meeting was adjourned at 9:37 p.m. FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS e,� �-*IRST5M7!-"�D03r� OF BOARD. COUNCIL. COMhNSSION. AUTHORITY. OR COMMITTEE ai d' c3 r'1. c, n THE BOARD. COUNCIL, COMM:BSION, AUTHORn' fj'OR COMMITTEE ON of 1Nt S 'J)9 ,; e- WHICH I SERVE ISA UNIT• OR CITY / COUNTY I IY O COUNTY O OTHER LO C_' -J'0 &di cc V �' T._ ( r r V er r O NAME OF POLITICAL SUBDMSiON: DATE ON WHICH VOTE OCCURRED _C,,,%g e 6,, ®i v c- MY POSITION IS: 4 ELECTIVE 'APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest win vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the Instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which lures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the mea- ' organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or .o the special primate gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of Independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A'bus€ness associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting In the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your Interest in the measure on which you are abstaining from voting: and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should Incorporate the form In the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate In these matters. However, you must disclose the nature of the conflict before making arty attempt to influence the decision, whether orally or In writing and whether made by you or at your direction. C YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE AKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will Incorporate the form In the minutes. (Continued on other side) CE FORM 813 - EFF. 1r2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form In the minutes. A copy of the form must be provided Immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I• lit _.� n vt S ` , hereby disclose that on e s 4Z 2 .20 ! -7- (a) (a) A measure came or will come before my agency which (check one) Xinured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or foss of my relative, inured to the special gain or loss of , by whom 1 am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting Interest in the measure is as follows: Nem .7 el /� -2- /to I Date Filed which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. (018"CE FORM 8B - EFF: 112000 PAGE 2 ep el /� -2- /to I Date Filed which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. (018"CE FORM 8B - EFF: 112000 PAGE 2 PLANNING & ZONING BOARD MEETING MINUTES AUGUST 22, 2007 A Regular Meeting of the Planning & Zoning Board was held on August 22, 2007, 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 John Johanson 1 st Alternate Ronald Friedman 2nd Alternate MEMBERS ABSENT Harry Pearson OTHERS PRESENT Shannon Roberts Council Member Kate Latorre Assistant City Attorney Todd Peetz City Planner Susan Chapman Secretary NEW BUSINESS Approval of Meeting Minutes: July 25, 2007. Motion by Donald Dunn, seconded by Bea McNeely, to approve the meeting minutes of July 25, 2007. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Casa Esperanza - Final Replat, (331, 333 & 335 Fillmore Avenue) - Section 23, Township 24 South, Range 37 East, Replat of a Portion of Lot 7 & All of Lot 8, Block 58, Avon by the Sea Subdivision - John Johanson, Applicant. John Johanson, Applicant, declared a conflict of interest. Todd Peetz, City Planner, gave a statistical project overview. Donald Dunn noted that the written report was inconsistent because it referred to the agenda item as both a preliminary replat and a final replat throughout the report. Mr. Peetz clarified that the request was a final replat and stated he would correct the errors. Planning & Zoning Board Meeting Minutes August 22, 2007 Page 2 Discussion was held regarding requirements for review of association documents. John Johanson, Applicant, advised that there was a standard party - wall agreement, but he did not know if the project would have a home owners association. He advised that he would remove the wording within the dedication on the final re -plat that references a home owners association. Shannon Roberts, Councilmember, questioned if the project would be short-term rentals. Mr. Johanson responded that he had submitted an application for short- term rentals prior to the deadline. He advised that he was selling the units. Ms. Roberts stated that she did not recall seeing the project on the short-term rental list she had obtained from the City Manager's office. Discussion followed regarding various difficulties of homeowners association's enforcing their rules and regulations. Vice Chairperson Russell voiced his concern that the city has had difficulty in enforcing compliance with dilapidated buildings, and the city should be requiring documents verifying that the properties would be maintained; and replacements of doors, windows, roofs, and garage doors would be consistent with what was approved by the Community Appearance Board. Motion by Donald Dunn, seconded by Lamar Russell, to postpone recommendation for Casa Esperanza, Final Replat, until the next meeting. Vote on the motion carried unanimously. John Johanson, Applicant, stated that he would submit the requested document(s) to the Board Secretary. OPEN DISCUSSION Discussion was held regarding the traffic level -of -service on A1A and N. Atlantic Avenue. Following discussion, Todd Peetz advised that he would obtain the most recent traffic study that was prepared by the city's transportation specialists, Luke Transportation, and would forward the report to the Board for further discussion. Vice Chairperson Russell encouraged the other Board members to read the Board of Adjustment Board Order regarding Coastal Fuels Administrative Appeal. Discussion followed. Discussion was held regarding the Board of Adjustment possibly becoming an advisory Board to the City Council. The Board reviewed the two required qualifications to serve on a volunteer City Board. Planning & Zoning Board Meeting Minutes August 22, 2007 Page 3 Discussion was held regarding a status update of how city staff was doing in the process of enforcing the new short-term rental code. Brief discussion followed. The Board requested that the Building Official provide a copy of the list of short- term rentals. Shannon Roberts, Councilmember, questioned when the city requires seeing association documents; and inquired if Mermaid Key submitted any documents. Kate Latorre, Assistant City Attorney, answered that condominium association documents are required to be submitted to the State; and the city code requires review of certain documents when land is subdivided. She clarified that since Mermaid Key project were condominiums that the documents would be submitted to the State. Vice Chairperson Russell asked when the Board was scheduled to talk about mixed-use districts. Todd Peetz, City Planner, responded that Miller Legg was scheduled to give a presentation at the September 12th P & Z meeting. Mr. Russell stated that the prime criteria for mixed-use should be parking before anything else. Discussion was held regarding the last meeting's agenda item brought to the Board by the Building Official regarding parking requirements for short-term rentals. Vice Chairperson Russell reminded the Board that the Building Official was to bring back statistical data. Kate Latorre, Assistant City Attorney, responded that the Building Official was accumulating certain data before coming back to the Board for consideration in increasing the existing parking requirements. She explained that after an inspection by a building inspector a non -conforming certificate would be issued. The property owner would then have a certain time to comply with the deficiencies. Mr. Russell questioned that if the city was going to establish additional parking requirements, would the more stringent ordinance apply. Ms. Latorre answered yes. She explained that if the city adopted a more stringent parking ordinance for resort dwellings rentals then the applicants would need to comply. Brief discussion followed. Mr. Russell clarified that resort dwelling parking requirements do not exist. Brief discussion followed. Ms. Latorre clarified that there would be no vested rights for parking because there was not an existing parking code for resort dwellings. Lamar Russell stated that the Board needs to know what the cut-off date is to adopt an ordinance to establish parking requirements for resort dwellings. Shannon Roberts, Councilmember, asked if the Mermaid Key project had extra parking. Todd Peetz, City Planner, advised that the site plan has approximately 30 extra parking spaces on the North part of the property. Planning & Zoning Board Meeting Minutes August 22, 2007 Page 4 There being no further business the meeting was adjourned at 9:10 p.m. m n Susan L.-Cawn, FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS NAME -FIRST NAME—MIDDLE NAME Nr OF BOARD. COIAAgL COMMISSION. AUTHORITY. OR COMMITTEE MAILING ADDRESS THE BOARD. COUNCIL, COMMIssIOK AUTHORITY OR commnTEE ON 3A* / ! C. vc ni($ ��, P_ WHICH I SERVE IS A UNIT OF: CITY COUNTY k CITY O COUNTY O OTHER LOCAL AGENCY NAME OF POLrn SUBDIvISIOW .r OATS O VO OCCURRED V12210 -7 MY POSITION IS: O ELECTIVE �APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. it applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section. 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure In which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which iures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the Parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or , the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357. F.S., and officers of Independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative' includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate' means any person or entity engaged In or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict; PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fling this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. 'C YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE AKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict In the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must Incorporate the form In the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, �/ O �'� `"1 `� —"" 3�✓� , hereby disclose that on t��% a` -~ -.206-7: (a) A measure came or will come before my agency which (check one) Xinured to my special private gain or loss; — inured to the special gain or loss of my business associate, — — inured to the special gain or loss of my relative, ._._ inured to the special gain or loss of , by whom I am retained; or Inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. which O/V --�' a -� Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM SB - EFF. 1/2000 PAGE 2 'gL evi ex /,7 D Lj 0 "T 5-76j P. C 'I 2 Cry c 1 O/V --�' a -� Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM SB - EFF. 1/2000 PAGE 2 PLANNING & ZONING BOARD MEETING MINUTES JULY 25, 2007 A Regular Meeting of the Planning & Zoning Board was held on July 25, 2007, 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 John Fredrickson Donald Dunn Harry Pearson John Johanson Ronald Friedman MEMBERS ABSENT Lamar Russell OTHERS PRESENT Robert Hoog Shannon Roberts Kate Latorre Matt Boerger Susan Chapman Todd Morley Walter Bandish NEW BUSINESS Chairperson 1 st Alternate 2nd Alternate Vice Chairperson Mayor Pro Tem Council Member Assistant City Attorney Assistant City Planner Secretary Building Official Acting Public Works Director 1. Approval of Meeting Minutes: June 27, 2007. Motion by Donald Dunn, seconded by Bea McNeely, to approve the meeting minutes of June 27, 2007, with one noted correction. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Villa Cielo - Final Replat - Section 23, Township 24 South, Range 37 East, Replat of Lots 7 & 8, Block 15, Avon by the Sea Subdivision (8019, 8023, 8027, and 8031 Magnolia Avenue) - John Butler, Applicant. Matt Boerger, Assistant City Planner, gave an overview of the Villa Cielo townhouse project. He advised that this request was for recommendation of the final replat. The Board members reviewed the submitted replat and staff reports. Ronald Friedman noted that the City Planner's reports needed to be corrected, as the request was for a final replat, not a site plan; and the A1A level -of -service and peak hour trips were operating at a level "D", not "A" as indicated on the report. Planning & Zoning Board Meeting Minutes July 25, 2007 Page 2 Motion by Harry Pearson, seconded by John Johanson, to recommend approval of the final replat for Villa Cielo. Brief discussion followed. Matt Boerger, Assistant City Planner, advised that he would have the corrected reports to the Board Secretary the next day. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: Villagio Del Mar, Unit 2 Preliminary Replat, Section 23, Township 24 South, Range 37 East, Replat of Lots 6 7 & 8, Block 6, Avon by the Sea Subdivision - James E. Morgan Applicant. Matt Boerger, Assistant City Planner, gave an overview of the Villagio Del Mar, Unit 2 townhouse project. He advised that this request was for recommendation of the preliminary replat. He noted that the dots and lot lines between lots 4 & 5 should graphically coincide with the property line. The Board members reviewed the submitted preliminary replat and staff reports. Ron Friedman advised that the City Planner's report needed to be corrected, as the A1A level -of -service and peak hour trips were operating at a level "D", not "A" as indicated on the report. Motion by John Johanson, seconded by Harry Pearson, to recommend approval of the Preliminary Replat for Villagio Del Mar, Unit 2, with the corrections noted. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Easement Vacation - Official Record Book 1019, Page 0086, Vacating a Sewer Easement in the Mermaid Key Proiect - Walter Bandish, Acting Public Works Director. Walter Bandish, Acting Public Works Director, explained that this agenda item was a request for the City to vacate an existing sewer easement. This would allow a new sewer easement agreement as part of the Mermaid Key project. He advised that the City recommended that the sewer easement be moved westerly approximately 100 ft. to prevent the proposed buildings from being constructed over the existing force main. Chairperson McNeely asked the City Attorney to review the legal description to ensure accuracy. - Motion by Harry Pearson, seconded by John Johanson, to recommend that the City vacate a sewer easement in the Mermaid Key project, as requested by City staff. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes July 25, 2007 Page 3 5. Recommendation to City Council Re: Code Amendment - Section 110- 491, Provide Number of Parking Spaces - Todd Morley, Building Official Todd Morley, Building Official, advised that the City was considering a code amendment for resort condominiums and resort dwellings to provide a sufficient number of parking spaces. Discussion was held regarding: green space, occupant load, pervious vs. impervious, square footage of unit(s), and establishing a maximum number of parked vehicles. Following a brief discussion, the Board members recognized that resort condominiums already have established parking spaces, as provided in their adopted rules and regulations; and usually have a greater number of parking spaces. Therefore, the Board agreed that this proposed code amendment should only be considered for resort dwellings. Following further discussion, the Board requested that City staff perform research by reviewing the resort dwelling applications and report back to the Board on the number of resort condominiums; number of two family, three family, and four family townhouse units; number of single family residences; specifying the number of existing parking spaces for each unit; square footage of each unit; and the number of required spaces using the proposed measurement methodology. The Board will then evaluate the statistics and have discussion to further consider the proposed code amendment. Motion by Donald Dunn, seconded by Harry Pearson, to postpone recommendation on this agenda item until the next meeting. Vote on the motion carried unanimously. There being no further business the meeting was adjourned at 9:20 p.m Bea M - airperson Susan L. Chapman, Secretary PLANNING & ZONING BOARD MEETING MINUTES JUNE 27, 2007 A Regular Meeting of the Planning & Zoning Board was held on June 27, 2007, 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 Ronald Friedman 2nd Alternate MEMBERS ABSENT Harry Pearson John Johanson 1 st Alternate OTHERS PRESENT Rocky Randels Mayor Robert Hoog Mayor Pro Tem Shannon Roberts Council Member Bennett Boucher City Manager Anthony Garganese City Attorney Todd Peetz City Planner Susan Chapman Secretary NEW BUSINESS Approval of Meeting Minutes: May 23, 2007. Motion by Bea McNeely, seconded by Lamar Russell, to approve the meeting minutes of May 23, 2007. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Mermaid Key North and South Site Plan - Martin Greene, Applicant. Todd Peetz, City Planner, reported that the applicant was proposing to build 140 condominium units (108 units on the north parcel and 32 units on the south parcel); and 25,776 sq. ft. of office, retail, and restaurant space, on two parcels, totaling approximately 11.11 acres; the maximum proposed height for the structures is 45 ft.; the site is located south of Thurm Blvd., and west of Astronaut Blvd. He gave statistics on the project impacts to public services and facilities including: parks, recreation, traffic, wastewater, water, solid waste, environmental, historical, archaeological, and population projections. Planning & Zoning Board Meeting Minutes June 27, 2007 Page 2 Mr. Peetz noted that the submitted traffic study was reviewed by the city's traffic consultants, Luke Transportation. Ron Friedman advised that the City Planner needed to change the level -of -service for traffic on A1A from level "A" to "D" in his written report. Mr. Peetz read the project comments from the city staff. The Board members reviewed the submitted Site Plan. Discussion followed. Martin Greene, Developer, advised that the project aesthetics were approved by the Community Appearance Board approximately three months ago; the project would be developed in four phases; the order of the phases would be dictated by the market; two buildings at a time would be constructed starting with buildings one and seven, as depicted on the site plan; landscaping would be completed during the first phase. Mr. Greene showed the Board members and audience colored architectural renderings of the entire proposed development. He noted that the project would be a gated community, with various access points; and the landscaping mitigation exceeded minimum city requirements. Discussion followed. During discussion, it was noted that the developer may need a Unity of Title Agreement to join the properties; and the city attorney advised that the sewer easements would need to be vacated and approved by the City. Motion by John Fredrickson, seconded by Donald Dunn, to recommend approval of the Mermaid Key North and South Site Plan to City Council, with the following conditions: 1. The sewer line from the south commercial building needs an easement; and the sewer line needs to be relocated to save a 20" tree. 2. The lift station pump sequence shall be changed so an alarm is activated if the liquid level rises above the lead pump "on" level and before the liquid level reaches the lag pump "on" level. 3. The north and south fountain details shall be redesigned, because the present 18" dimensions are incorrect. 4. Provisions shall be made for recycling containers at each dumpster site. 5. A lighting plan for the streets and sidewalks shall be submitted and approved by the city. 6. A shared parking easement on the north parcel shall be approved by the City. 7. Cross access easements shall be provided on the north and south parcels. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes 10111", June 27, 2007 Page 3 3. Recommendation to Cit Council Re: Caribbean Vistas Site Plan - James E. Morgan, Applicant. Todd Peetz, City Planner, reported that the applicant was proposing to replat lots located at 420 Madison Avenue; the replat would result in four lots created out of the existing ones; all lots will front on Poinsetta Avenue; the property is located north of and adjacent to Madison Avenue, and east of and adjacent to Poinsetta Avenue. He gave statistics on the project impacts to public services and facilities including: parks, recreation, traffic, wastewater, water, solid waste, environmental, historical, archaeological, and population projections. He advised that staff reviewed the submitted Preliminary Replat and did not have any comments. The Board members reviewed the Preliminary Replat. Discussion followed: regarding: drainage; a dry retention area; green space between the driveways; and soil around the trees. Motion by Lamar Russell, seconded by John Fredrickson, to recommend approval of the Caribbean Vistas Site Plan to City Council, with the foowin,,t conditions: I Assure that the front sump is consistent with the water retention calculations. 2. Correct the site plan to show that the sidewalks are not a grassy area. 3. If dry detention is intended, then drainage engineering shall be provided; if "dry detention" is not intended, change the wording on the site plan: to '"retention area". 4. Re-examine the so!] elevation around the trees on the east side. (The developer may need to hand grade around the trees). Vote on the motion carried unanimously. 4. Discussion Re: Evaluation and Amraisal Report - Section 1. Todd Peetz, City Planner, advised that the issues to be discussed in Section 1 of the Evaluation and Appraisal Report (EAR) include the data and analysis updates of the current Comprehensive Plan. He noted that the updates included new information to keep the plan current. The Board members reviewed Section 1. Discussion followed. Planning & Zoning Board Meeting Minutes June 27, 2007 Page 4 The Board members suggested that a summary explanation and background of the goals and objectives be written because they were vague; measurable objectives should be created; and concurrency for schools needed to be created and implemented starting next year. Discussion was held regarding traffic concurrency. Mr. Peetz advised that transportation on A1A was at 92% capacity. Various grammatical errors were brought to Mr. Peetz attention. Following discussion, Mr. Peetz welcomed any further comments from the Board. 5. Recommendation to City Council Re: Completed Evaluation and Appraisal Report. Todd Peetz, City Planner, advised that the goal was to send the completed Evaluation and Appraisal Report to the Department of Community Affairs in August. Discussion was held regarding the objectives and policies being updated. Mr. Peetz advised that he would ask the City Manager to schedule workshops with the City Council to review the completed report. He recommended that the entire report be forwarded to City Council for review. Brief discussion followed. Motion by Bea McNeely, seconded by Donald Dunn, to recommend the review of the Evaluation and Appraisal Report to the City Council. Vote on the motion carried unanimously. There being no further business the meeting was adjourned at 9:38 p.m. Bea agpers on usan L. Chapman, Secretary PLANNING & ZONING BOARD MEETING MINUTES MAY 23, 2007 A Regular Meeting of the Planning & Zoning Board was held on May 23, 2007, 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 Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson MEMBERS ABSENT Ronald Friedman OTHERS PRESENT Robert Hoog Shannon Roberts Bennett Boucher Todd Morley David Sargeant Anthony Garganese Todd Peetz Susan Chapman NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Mayor Pro Tem Council Member City Manager Building Official Fire Chief City Attorney City Planner Secretary 1. Approval of Meeting Minutes: May 9, 2007. Donald Dunn made corrections to the meeting minutes. Motion by Bea McNeely, seconded by Donald Dunn, to approve the meeting minutes of May 9, 2007, as corrected. Vote on the motion carried unanimously. 2. Review & Recommendation to City Council Re: Regulation of Resort Dwelling Units - Anthony Garganese, City Attorney. Anthony Garganese, City Attorney, stated that the Building Official and Fire Chief were present at the- meeting to discuss existing public safety issues and concerns. He encouraged the Board to make a recommendation at this meeting to the City Council because of existing life safety concerns. Planning & Zoning Board Meeting Minutes May 23, 2007 Page 2 Bennett Boucher, City Manager, explained that single family homes, townhomes, and condominium units were permitted and issued a Certificate of Occupancy for residential use. He advised that units with frequent rentals may trip the threshold to require compliance with Florida Statute, Chapter 509 (F.S. 509), which regulates transient type short-term rentals. He advised that the State is the regulatory authority for the short-term rental facilities with 51 % or more units being rented. He noted that Royal Mansions and Cape Winds were issued Certificates of Occupancy, by the City, as residential condominiums and, according to reports; both facilities do not meet the requirements of F.S. 509 or NFPA (National Fire Protection Association) Life Safety Code. Todd Morley, Building Official, stated that he was present at the meeting to inform the Board that they needed to make a decision because inaction was only going to make it worse. He directed the Board members to a memo from Todd Peetz, City Planner, and asked Mr. Peetz to read the memo for the record. Todd Peetz, City Planner, read his memo for the record regarding resort dwellings and resort condominiums and his opinion regarding consistency with the Comprehensive Plan. He advised that his research concluded that resort dwellings and resort condominiums, located in the residential zoning districts are not consistent with the current Land Development Regulations or the Comprehensive Plan Future Land Use Policy LU -3.1. He explained that rentals of 30 days or more are not considered a business as they are not regulated by DBPR. Todd Morley, Building Official, stated that short-term rentals are considered transient and must comply with F.S. 509, which means that they are regulated as a hotel. He reiterated that resort dwellings and resort condominiums are not consistent with the Comprehensive Plan because they are not residential uses. He highlighted the different types of occupancy classifications, and reiterated that Royal Mansions and Cape Winds were issued C.O.'s as residential condominiums, where the occupants are primarily permanent in nature. David Sargeant, Fire Chief, advised that the State found both Royal Mansions and Cape Winds in noncompliance with F.S. 509 and the NFPA Life Safety Code because they meet the State classification as transient rentals. He noted that the State has written a citation for noncompliance of F.S. 509, and the fire department will be issuing a citation under the NFPA Life Safety Code. He further advised that there are existing three-story, single family, resort dwellings that do not meet the requirements of the NFPA Life Safety Code. Discussion followed regarding: establishing enforcement procedures, defining the use, types of occupancy use, resort tax, defining resort dwellings, establishing time frames for compliance. Planning & Zoning Board Meeting Minutes May 23, 2007 Page 3 Anthony Garganese and Lamar Russell established a flow chart of options on the electronic dry -erase board (which was later printed -on paper). A lengthy discussion followed. Motion by Donald Dunn, seconded by Harry Pearson, to recommend the use of resort dwellings and resort condominiums, for the City Council's consideration, as follows: • Do not create resort dwellings and resort condominiums as a principal use in the R-1, R-2, and R-3 zoning districts. Create resort dwellings and resort condominiums as a principal use in the C-1 zoning district, with the contingency that the property has been granted a special exception for residential use by the time this ordinance is adopted. • Allow existing rentals, whether licensed or not, in all zoning districts, to continue provided all the following are met: 1. Property owners of resort dwellings and resort condominiums shall register for the use, with the City Manager, within 30 days from adoption of this ordinance. 2. Submit to the Building department a life safety plan within 30 days from the date of the first inspection by the fire department. 3. Submit to the Building department technical drawings within 90 days from the date of the first inspection by the fire department. 4. A license from DBPR must be obtained and all applicable laws met for the use within 365 days from adoption of this ordinance. (Note: An applicant may file with the building department a request for a hardship extension for approval by the Building Official and/or Fire Official). Vote on the motion carried unanimously. (Note: Chairperson McNeely stated for the record that she reluctantly voted for the motion to move the issue forward to the City Council.) Planning & Zoning Board Meeting Minutes May 23, 2007 Page 4 3. Discussion Re: Evaluation and Appraisal Report, Sections 2, 3 6 & 7 - Todd Peetz. City Planner. Todd Peetz, City Planner, reported that the City is required to review their Comprehensive Plan approximately every (7) years to stay current with legislative changes, special topics of State concern, evaluate the effectiveness of implementation and evaluate financial feasibility. Other topics to be reviewed in future meetings include the existing conditions of the City. The issues to be discussed in Sections 2, 3, 6 & 7 are public participation, assessment of the current plan, major issues identified in the public participation activities and a listing by element of all the potential amendments from the various elements of the comprehensive plan as identified in the previous sections. Sections 4 and 5 were reviewed at the last meeting of May 9, 2007. He noted that the Evaluation and Appraisal Report only evaluates and recommends it does not change the Comprehensive Plan. The proposed changes will follow a "Finding of Sufficiency" (sufficiently reviewed the Comprehensive Plan), by the Department of Community Affairs. Once found to be sufficient, the proposed amendments are then reviewed for adoption into the Comprehensive Plan, which will essentially revise and update the Comprehensive Plan at that point. The Board members reviewed a table of contents which identified other areas to be reviewed in future meetings. Brief discussion followed. There being no further business the meeting was adjourned at 10:07 p.m. oleo-, Y64JV� Bea a y, rson f Susan L. Chapman, Secretary PLANNING & ZONING BOARD MEETING MINUTES MAY 9, 2007 A Regular Meeting of the Planning & Zoning Board was held on May 9, 2007, 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 Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson Ronald Friedman OTHERS PRESENT Robert Hoog Shannon Roberts Kate Latorre Todd Peetz Susan Chapman NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Mayor Pro Tem Council Member Assistant City Attorney City Planner Secretary Approval of Meeting Minutes: April 25, 2007. Motion by John Fredrickson, seconded by Harry Pearson, to approve the meeting minutes of April 25, 2007. Vote on the motion carried unanimously. 2. Review & Recommendation to City Council Re: Final Replat of Laws Townhomes. 109 & 111 Lincoln Avenue, Section 23, Township 24 South Range 37 East, Block 69, Replat of Lots 5 & 6 Avon by the Sea Subdivision - Thomas Laws, Applicant. Todd Peetz, City Planner, provided an overview of the final replat of Laws Townhomes. The Board members reviewed the final replat. Donald Dunn questioned the dimensions of the adjacent lot. Ron Friedman advised that property surveys are done by licensed professional land surveyors and their dimensions should not be questioned. He further advised that lot dimensions from the property appraiser's office are only approximate. Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of Laws Townhomes Final Replat. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes May 9, 2007 Page 2 3. Review & Recommendation to City Council Re: Final Replat of Beach Breeze, Section 14, Township 24 South, Range 37 East, Block 77. Replat of Lot 6 - Stacey Shoemaker, Applicant. Todd Peetz, City Planner, provided an overview of the final replat of Beach Breeze. He explained that the property was located on the northwest corner of Ridgewood and Washington Avenues. He advised that the code allowed up to nine units on this size property; however, the lot is being replatted for only two units. The Board members reviewed the final replat. Motion by Lamar Russell, seconded by Harry Pearson, to recommend approval of Beach Breeze Final Replat. Vote on the motion carried unanimously. 4. Discussion Re: Evaluation and Appraisal Report, Sections 4 & 5 - Todd Peetz, City Planner. Todd Peetz, City Planner, advised that the proposed changes to Sections 4 & 5 of the Evaluation and Appraisal Report are based on changes to the Florida Statutes since the last time the Comprehensive Plan was amended. He explained that the City is required to review the Comprehensive Plan approximately every seven years to stay current with legislative changes and special topics of State concern. He advised that other topics to be reviewed in future meetings include a community wide assessment; the public participation activities; assessment of the current Comprehensive Plan effectiveness; major issues; and proposed amendments. He pointed out that the issues to be discussed in Sections 4 and 5 are legislative issues; while many of the issues are addressed or not applicable, several others will need to be included into the revised Comprehensive Plan. However, there are legislative changes pending that will change how the City operates, especially with the requirement to annually update the Capital Improvement Element through a Comprehensive Plan. He further explained that the proposed changes will follow a "Finding of Sufficiency" by the Department of Community Affairs; and once found to be sufficient; the proposed amendments are then reviewed for adoption into the Comprehensive Plan which will essentially revise and update the Comprehensive Plan at that point. The Board members reviewed and held discussion regarding Sections 4 and 5 of the proposed Evaluation and Appraisal Report. Planning & Zoning Board Meeting Minutes May 9, 2007 Page 3 5. Discussion Re: Regulation of Resort Dwelling Units - Kate Latorre Assistant City Attorney. Kate Latorre, Assistant City Attorney, advised that the Board was reviewing a revised version of the proposed ordinance. Ms. Latorre summarized the changes. She noted that the revision clarified residential zoning districts to encourage single family residences; defines resort dwelling unit; and specific procedures for a resort dwelling to be legally non -conforming. The Board members reviewed their data packet. Discussion followed. John Johanson commented that this issue is a short coming by the City to the people that have me the State and City requirements to require them to comply with the requirements of the new code for structures over three or more stories high. Bjornar Hermasen, a hotel owner, asked the City if it wants to restrict transient rentals or not. He explained that rentals are commercial ventures and should be made to comply with State and local requirements. He questioned if the City should protect the legal rights of property owners that are not legally licensed and "flying under the radar". He agreed that there should be an amortization schedule to allow them to comply. He noted that hotels and motels are required to comply with State, local, and Federal mandates to protect the safety of transient renters. He commented that approximately 3,000 units are being rented, and of those, approximately 1,000 are transient. Donald Dunn commented that the people flying under the radar have been violating the law and he did not agree that the City should legalize them by allowing them time to comply. Harry Pearson commented that the majority of the rentals are condominiums. He understood that the City needs to work to bring property owners into compliance. He did not agree with the ordinance. He noted that the ordinance only applies to four or less units, and he knows of more than four unit buildings in the subdivision where he resides that rent. He voiced his opinion that the ordinance should apply to all rentals. Bea McNeely voiced her opinion that resort dwellings should only be allowed in the commercial zoning districts. She commented that commercial use in a residential zone is bad for the City. Planning & Zoning Board Meeting Minutes May 9, 2007 Page 4 Lamar Russell was strongly opposed to the ordinance. He voiced his opinion that the ordinance was unfair to the property owners of rental properties. He commented that everyone should have a chance to make their units safe and bring them into compliance; rentals should be allowed to continue in all zoning districts where they are currently allowed, if all applicable State and local requirements are met. John Fredrickson questioned why the ordinance came back to the Board. Kate Latorre, Assistant City Attorney, advised that the code requires a recommendation from the Board. Ronald Friedman commented that property rental could be someone's primary source of income. He believed that they should be given an opportunity to bring them up to code and allow the rental(s) to continue, in any zoning district they may be located in. John Johanson agreed with some of the other Board members that the City should give the property owners an opportunity to comply in continue renting. Comments from the audience followed. Kate Latorre, Assistant City Attorney, advised that the Board did not have any comments that would create a change to the proposed ordinance. She advised that this agenda item for a discussion was an error, that City Council requested that the Board make a recommendation on the ordinance. Brief discussion followed. Motion by Lamar Russell, seconded by Harry Pearson to place this item on the next meeting agenda for further discussion. Kate Latorre advised that the City Council requested that the Planning & Zoning Board send the ordinance back with a recommendation. Discussion followed. Lamar Russell amended the main motion to review and recommend the ordinance to City Council on the next meeting agenda. Vote on the main motion, as amended, carried unanimously. There being no further business the meeting was adjourned at 10:02 p.m. PLANNING & ZONING BOARD MEETING MINUTES APRIL 11, 2007 A Regular Meeting of the Planning & Zoning Board was held on April 11, 2007, 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 Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson Ronald Friedman OTHERS PRESENT Shannon Roberts Kate Latorre Todd Peetz Susan Chapman NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Council Member Assistant City Attorney City Planner Secretary 1. Approval of Meeting Minutes: March 14, 2007. Motion by Harry Pearson, seconded by Donald Dunn, to approve the meeting minutes of March 14, 2007. Vote on the motion carried unanimously. 2. Recommendation to the City Council Re: Letter of Understanding from the Florida Department of Community Affairs - Todd Peetz City Planner. Todd Peetz, City Planner, gave an overview regarding the intent of the Letter of Understanding from the Florida Department of Community Affairs (FDCA). He explained that the Planning and Zoning Board, and City Council will be reviewing the Evaluation and Appraisal Report (EAR) at upcoming meetings; a part of that process is to hold community meetings to discuss relevant issues of the Comprehensive Plan; the community meetings will help determine through community input what is working well and what areas that the City can improve. He noted that the City held community meetings on August 22, 2006, January 25, 2007, and March 17, 2007. Planning & Zoning Board Meeting Minutes April 11, 2007 Page 2 Mr. Peetz explained that the letter represented the comments from each of the community meetings. He gave an overview of the results of a survey that was conducted with citizens of the City during the community meeting held on March 17, 2007. He advised that the FDCA will review the citizen concerns and may make suggestions or recommendations on how to proceed. He noted that the letter is recommended but, not required; and the letter requesting a "Letter of Understanding" does not limit the City's ability to make other recommended changes to the Comprehensive Plan. Mr. Peetz requested that the Board review and make a recommendation to City Council to request a Letter of Understanding from the FDCA. The Board members reviewed, discussed, and made recommended changes to the draft letter. The Board suggested that "Obtainable Housing" be changed to "Housing"; change the word "Provide" to "Research grants, programs, etc. for" more obtainable or affordable housing; and separate the terms: "City Hall/Town Center" because they are two different issues. By unanimous consensus, the Board agreed with the changes, as discussed. Motion by Harry Pearson, seconded by Bea McNeely, to recommend the draft letter, with the suggested changes, to the City Council for approval. Vote on the motion carried unanimously. 3. Discussion Re: Review of the Existing Land Use and Zoning Map - Todd Peetz, City Planner. Todd Peetz, City Planner, explained that part of the review and discussions' regarding the Evaluation and Appraisal Report (EAR) is to review the City's adopted maps. He stated that the intent of the discussion is to determine whether recommendations for land use changes should be identified for future discussion as part of both the EAR and EAR -based plan amendments. The Board members reviewed, discussed, and made suggestions regarding the existing land use map, an aerial with zoning lines, and the zoning map. The suggested changes included ensuring that all the City streets are named on the maps, and the size of the maps for the City meeting room should be a minimum of 60 inches. OPEN DISCUSSION Lamar Russell, Vice Chairperson, encouraged the Board members to review the City zoning map when the time comes to recommend the proposed short-term rental ordinance. Mr. Russell voiced his opinions and concerns regarding the proposed ordinance. Planning & Zoning Board Meeting Minutes April 11, 2007 Page 3 Kate Latorre, Assistant City Attorney, gave a brief overview of the proposed chronic nuisance and code enforcement citation codes material that was distributed to the Board members this evening. She advised that as per the City Manager, that City Council expressed a desire to strengthen and update the City's nuisance codes, and is seeking the Board's input as to how the City can better address nuisances Citywide. She commented that staff we be available to assist the Board as they work through the issues and, ultimately, make their recommendation to the City Council. Following a brief discussion, the Board members agreed to schedule this item for discussion on the Board's next agenda. The Board recommended that the Sheriffs department be involved with input and suggestions. There being no further business the meeting was adjourned at 9:18 p.m. /�&I )&xee::-,A - Bea McNeely, Chairper L _ Susan apman, Secretary PLANNING & ZONING BOARD MEETING MINUTES MARCH 14, 2007 A Regular Meeting of the Planning & Zoning Board was held on March 14, 2007, 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 1 st Alternate MEMBERS ABSENT Ronald Friedman 2nd Alternate OTHERS PRESENT Robert Hoog Mayor Pro -Tem Anthony Garganese City Attorney Todd Peetz City Planner Duree Alexander Recording Secretary NEW BUSINESS 1. Approval of Meeting Minutes: February 28, 2007 Motion by Harry Pearson, seconded by John Fredrickson, to approve the meeting minutes of February 28, 2007. Vote on the motion carried unanimously. 2. Recommendation to the City Council Re: Caribbean Vistas Preliminary Replat, Section 23, Township 24 South Range 37 East Replat of Lots 9 & 10, Avon by the Sea Subdivision - Daniel and Kathleen Coons Applicants Todd Peetz, City Planner, gave an overview of the property. He noted that the Preliminary Replat was for four proposed townhouse units. He advised that the existing swimming pool was already removed; and there were no easements being vacated. The Board members reviewed the staff reports and submittal packet. Daniel Coons, Applicant, advised that the existing single family structure will be demolished. Brief discussion followed. Planning & Zoning Board Meeting Minutes March 14, 2007 Page 2 Anthony Garganese, City Attorney, requested changes to the dedication. Brief discussion followed. Motion by Donald Dunn, seconded by Lamar Russell, to recommend approval of the Preliminary Replat for Caribbean Vistas Townhomes, with the noted corrections. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: Perlas Del Mar Easement Vacation - Ed Gardulski, Public Works Director. Todd Peetz, City Planner, advised that the Public Works Director was not in attendance. He gave an overview of the easement vacation request, based on the staff report from the Public Works Director recommending the easement vacation be granted. Brief discussion followed. Motion by Harry Pearson, seconded by Lamar Russell, to recommend approval of the requested easement vacation for Perlas Del Mar. Vote on the motion carried unanimously. 4. Discussion Re: Principal Uses and Uses Permitted by Special Exception in the M-1 Zoning District - Todd Peetz, City Planner. Todd Peetz, City Planner, advised that the City has issues with a few of the existing industrial uses not being compatible with abutting residential properties, more specifically, Ambassador Services and Coastal Fuels. The Board members asked for staff direction. Todd Peetz suggested that the Board review principal uses and uses by special exception in the M-1 zoning district. He further suggested creating performance standards and criteria for: separation, noise, dust, smoke, emissions, odor, lighting, residue, and buffering. Discussion was held regarding regulating and enforcing nuisances; potential incompatibilities; creating buffer districts; property rights; establishing distance requirements; types of principal uses; defining light manufacturing, and types of similar uses. A citizen of Solana Lakes voiced her concerns regarding smoke, odor, and emissions coming from the asphalt at Coastal Fuels. The Board discussed utilizing the City of Sanford's nuisance ordinance, as an example, when the City considers implementing a nuisance code during the zoning code review. Planning & Zoning Board ,, Meeting Minutes March 14, 2007 Page 3 OPEN DISCUSSION John Fredrickson inquired about the Gould's special exception. Todd Peetz, City Planner, responded that the special exception has a granted time extension. John Fredrickson inquired about the special exception that was granted for parking boats and RV's next to Builder's Supply. Todd Peetz, City Planner, replied that there has been no contact from the petitioner. John Fredrickson asked staff to keep the Board updated on the status of granted special exceptions. Todd Peetz, City Planner, advised that the City is having a Community Celebration on Saturday, March 17th, from 11:00 a.m. - 2:00 p.m., at Manatee Sanctuary Park. He will have an information table and will hand-out a survey regarding community topics. He distributed a sample of the survey and asked the Board members for feedback. The Board members made suggestions to improve the survey. There being no further business the meeting was adjourned at 8:40 p.m. Bea McNeely, Ch ' erson J - Susan L. Chapman, Secretary PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 28, 2007 A Regular Meeting of the Planning & Zoning Board was held on February 28, 2007, 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 City Attorney Donald Dunn City Planner Harry Pearson Secretary John Johanson 1 st Alternate Ronald Friedman 2nd Alternate OTHERS PRESENT Robert Hoog Mayor Pro -Tem Todd Morley Building Official Anthony Garganese City Attorney Todd Peetz City Planner Susan Chapman Secretary NEW BUSINESS 1. Approval of Meeting Minutes: February 14, 2007. Motion by Donald Dunn, seconded by John Fredrickson, to approve the meeting minutes of February 14, 2007. John Johanson pointed out a minor scrivener's error. The Board Secretary agreed to correct the minutes. Vote on the motion carried unanimously. 2. Recommendation to the City Council Re: Beach Breeze Preliminary Replat, Section 14, Township 24 South, Range 37 East Replat of Tract 6 Chandler Park Subdivision - Stacy L. Shoemaker Applicant. Todd Peetz, City Planner, gave an overview of the Preliminary Replat. He noted that the property is located adjacent to the elementary school. The Board members reviewed the Replat. Stacy Shoemaker, Applicant, advised that she has been a resident of the City for 42 years; she wants to build a single family residence on one of the lots, and sell the other. Bea McNeely, Chairperson, complimented Ms. Shoemaker for building a single family residence on property zoned for multi -family. Planning & Zoning Board Meeting Minutes February 28, 2007 Page 2 Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of the Preliminary Replat. Vote on the motion carried unanimously. OPEN DISCUSSION Todd Peetz, City Planner, gave the Board an update on upcoming Planning & Zoning issues. He advised that the Evaluation and Appraisal Report must be reviewed every seven years. Lamar Russell encouraged all the Board members to read the Comprehensive Plan. Todd Peetz advised that Miller Legg has been hired by the City to give a presentation on mixed-use districts. Chairperson McNeely thanked the Board members for attending all the recent meetings and workshops. There being no further business the meeting was adjourned at 7:50 p.m. Susan L. Chapman, S PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 14, 2007 A Regular Meeting of the Planning & Zoning Board was held on February 14, 2007, 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 Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson OTHERS PRESENT Kate Latorre Todd Peetz Susan Chapman NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate Assistant City Attorney City Planner Secretary 1. Approval of Meeting Minutes: January 24, 2007. Motion by Harry Pearson, seconded by Bea McNeely, to approve the meeting minutes of January 24, 2007. Donald Dunn requested that his concerns regarding mixed-use be added to the minutes. Brief discussion followed. Chairperson McNeely requested asked the Board Secretary to add Mr. Dunn's concerns to the minutes. Vote on the motion carried unanimously, as amended. 2. Recommendation to the City Council Re: Casa Esperanza Preliminary Replat, Block 58, Part of Lot 7 and All of Lot 8, Avon by the Sea, Located East of N. Atlantic Avenue and South Side of Fillmore Avenue - John Johanson, Tripple J Investments, LLC. John Johanson declared a conflict of interest, and submitted the required paperwork to the Board Secretary. Todd Peetz, City Planner, gave an overview of the project. He reported that City staff reviewed the preliminary replat and recommended approval, with a notation that the middle driveway be widened to meet City code. Chairperson McNeely reviewed the staff reports. Planning & Zoning Board Meeting Minutes February 14, 2007 Page 2 The Board members reviewed the preliminary replat. Harry Person questioned if City Code Section 110-374 applied to this request. Todd Peetz responded that three parking spaces are required to be provided for each townhouse unit. He advised that the townhouse units exceed the minimum number of parking spaces required by code, with each of the end units having a two car garage and driveways that will accommodate two additional vehicles; and the middle unit has a 1 1/2 car garage and a driveway the will accommodate two vehicles. John Johanson, representative for Tripple J Investments, LLC, advised that the existing single family house will be demolished; the side setbacks are 15 ft.; Tripple J Investments has Title to the property; and that the word "Esperanza" means "hope". Bea McNeely voiced her opinion that this project is going to look like garages. She was disappointed that the units are squeezed together, and the project was not attractive. She commented that with all of Mr. Johanson's experience, he could have done much better with the design. John Johanson rebutted that the project needs to blend in and be supported by the existing neighborhood. Discussion followed. Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of the Preliminary Replat of Casa Esperanza. Vote on the motion carried unanimously. 3. Discussion Re: Mixed Land Use - Todd Peetz, City Planner. Todd Peetz, City Planner, distributed hand-outs of newspaper articles from other cities that have mixed-use districts. He noted that the minutes from the City Council meeting regarding mixed-use were previously distributed. Chairperson McNeely commented that she has been hearing that the mixed-use concept is new, and disagreed. She has also heard that everybody is doing it, and that is not true. She advised that she has firm ideas about this concept. She voiced her opinion that mixed-use should not be by special exception. She commented that the City should decide what it wants and where it wants it to be. She voiced concerns regarding: crime, parking, traffic, maximum height, setbacks, and architecture. Planning & Zoning Board Meeting Minutes February 14, 2007 Page 3 Vice Chairperson Russell voiced his opinion that he felt strongly that Cape Canaveral is fine the way it is. He advised that mixed-use might be good; and suggested that the Board consider the idea with an open mind, and determine if it holds merit on what is good for the City, without being developer driven. Mr. Russell gave suggestions on how the Board could give their best recommendation. He suggested that they look at possible locations in the City, and gave examples such as: south side of Central, East of the drainage ditch, N. Atlantic at Oak Manor Trailer Village, the Straw Hat property, Astronaut Blvd. south of AJT, Builder's Supply lumber yard property, and the Porter property on Holman Rd. He explained that the Board should examine examples of mixed- use from around the State. The Board should then determine the needed population to support the mixed-use development, and question where that population lives. Then the City should invite consultants. Discussion was held regarding considering and creating a mixed-use district; minimum acreage; what types of uses blend well with other districts; recognizing and learning from the mistakes that have been made in mixed-use districts. Lamar Russell commented that the City has become the City of choice on the seashore. He recommended that the Board members look at the short-term rentals material for ideas. He advised that population density was needed to make the businesses successful. Harry Pearson commented that Central Blvd. seemed to be the most popular location. He agreed with Mr. Russell that if you do not have the population, you can not support a mixed-use development. Donald Dunn commented that the City should consider developed and undeveloped property because a developer will buy land to make a mixed-use development work. John Johanson commented that urban sprawl has happened with special exceptions. He agreed that along Central Blvd. would be a good location for a mixed-use development. He suggested that the City create a list and define exactly what type of businesses it wants in a mixed-use development. He suggested that the Board members be open minded and progressive. John Fredrickson suggested that the P & Z Board invite the Business & Cultural Development Board to a workshop to discuss their ideas. Planning & Zoning Board Meeting Minutes February 14, 2007 Page 4 Todd Peetz advised that he would bring demographic data and population density of existing mixed-use developments to the next Board meeting. Lamar Russell suggested that the Board members review the Brevard County Code of Ordinances regarding resort dwellings. There being no further business, the meeting was adjourned at 9:30 p.m. / 0'a� - ?) �fh.,� Bea McNeely Chairperson Susan L. man, S cretary WM'j MEETING MINUTES JANUARY 10, 2007 A Regular Meeting of the Planning & Zoning Board was held on January 10, 2007, 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. Al FA TkA ROW W 1 001-4 9 M Fd'k% Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson •s or JoWQ#son OTHERS PRESENT Robert Hoog Todd Morley Kate Latorre Todd Peetz Susan Chiapman Chairperson Vice Chairperson I st Alternate Mayor Pro Tem Council Member Building Official Assistant City Attorney City Planner Secretary All persons, giving testimony were sworn in, by Kate Latorre, Assistant City Attorney. Approval of Meeting Minutes: November 29th and December 13, 2006. Motion by Harry Pearson, seconded by Bea McNeely, to approve the meeting minutes of November 291, 2006. Vote on the motion carried unanimously. Motion by Donald Dunn, seconded by Harry, Pearson, to approve the meeting minutes of December 1, 3, 2006. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Proposed Ordinance No. 18-2006, Defining Liquefied Petroleum Gas; Repealing the Definition of Fire District; and Establishing Maximum Gallons of Storage in All Zoninq Districts. Chairperson McNeely advised that the purpose of the discussion is the result of many long discussions on Coastal Fuels and their proposed expansion of their liquid petroleum facility. Planning & Zoning Board Meeting Minutes January 10, 2007 Page 2 Bea McNeely, Chairperson, explained that once the definition of liquefied petroleum was made known, a clear distinction between liquid and liquefied petroleum was made, it became evident that liquefied petroleum is being used and stored throughout the City. The Building Official and the Fire Chief have made presentations about the use, size, location, distance, and regulations. There seemed to be consensus that something should be done, but no direction was given; however, she commented that the use and storage should continue to occur with limitations. She noted that direction was given to staff to prepare an ordinance that provides for limitation of liquefied petroleum products. Todd Peetz, City Planner, advised that the draft ordinance addresses several comments that were discussed over the past several months. Kate Latorre, Assistant City Attorney, gave an overview of the draft ordinance. David Sargeant, Fire Chief, advised that liquefied petroleum gas (LPG) is highly regulated by the State and the City. He advised that the code is so strict that BBQ grills are not allowed on any balcony of a condominium. He requested that the Board consider differentiating between utility uses and distribution uses. He gave examples of existing businesses that distribute LPG and how they differ from those that utilize LPG as a utility. He commented that limiting the storage capacities for businesses which use LPG as a "utility" would cause more frequent LPG deliveries to these businesses which, in turn, would increase the number of trucks running up and down the street carrying LPG. He stated that this increased traffic is more dangerous than a buried tank. He asked that the City not limit propane being used as a utility. He explained that propane tank sizes are determined by the individual uses. He noted that the regulatory codes will not allow tanks in a dangerous area. He advised that there currently are two 1,000 gallon, above -ground distribution tanks in the City, and in the C-1 zoning district. He further advised that NFPA 58 already regulates everything in the proposed ordinance. He suggested that the City may consider limiting distribution/resale in the M-1 Zoning district to 1,000 gallons. He advised that the City already references the fire code which contains a very lengthy section that deals with LPG. The code would never allow any size tank, to pose undue risks to the public. He stated that the citizens are looking for an additional regulation that would limit the storage of LPG for large distribution. Planning & Zoning Board Meeting Minutes January 10, 2007 Page 3 The majority of what the City has is used strictly for utility purposes. He commented that the citizens are asking for a code that would prevent a LPG tank farm. He suggested that the solution to the issue was to leave everything to the code with one exception, which was to write an ordinance that simply states that no LPG tank or combination of tanks, that are used for distribution, shall exceed 1,000 gallons; and leave the LPG that is used for residential utilities and commercial utilities to the code that already exists. He commented that it is better and safer to have a properly sized and installed tank, than to have a truck running up and down the road every day to refill an undersized tank. Discussion followed. Following discussion, by unanimous consensus of the Board members, the Board directed that City Attorney to revise the draft ordinance; and the Secretary schedule this agenda item for the next meeting, if the draft is ready. 3. Recommendation to the Board of Adjustment Re: Special Exception Request No. 07-01 to Allow Package Sales of Alcoholic Beverages in the C-1 Zoning District, 6870 N. Atlantic Avenue, Section 23, Township 24 South, Range 37 East, Lots 1-3 and 10-12. Block 73, Avon by the Sea, (Yogi's Food and Beverage, Inc.) - Yogi Patel, Petitioner. Todd Peetz, City Planner, advised that the applicant was Walter Bowman, representing Yogi's. He advised that they have requested a special exception to sell packaged liquor to be consumed off -premise. He noted that the proposed special exception request was consistent with the measurement criteria, and that area was not within 300 hundred feet of any school, playground or church. Yogi Patel testified that he planned only to apply this request to the middle section of his building. He advised that his convenience store sells only beer and wine for take-out; Tip -a -Few Tavern is a restaurant that serves beer and wine for on - premise consumption; this request was for a package beverage store for off - premise consumption. It was noted that the address on the agenda, and the legal notice of public hearing (6850 N. Atlantic Avenue) was incorrect. It was clarified that the correct address was (6870 N. Atlantic Avenue), and this Special Exception Request would only apply to that address. Brief discussion followed. Motion by Lamar Russell, seconded by Donald Dunn, to recommend approval of Special Exception Request No. 07-01, (6870 N. Atlantic Avenue), to the Board of Adjustment. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes January 10, 2007 Page 4 4. Recommendation to the Board of Adiustment Re: Reauest No. 07-02 to Allow a Change of Use (Used in Conjunction with a Non -conforming Structure and Premises) in the C-1 Zoning District, 8200 N. Atlantic Avenue, Section 23, Township 24 South, Range 37 East, Avon by the Sea, South 25 Feet of Lots 1. 2, 3 and 9-11, Block 1, Avon by the Sea, (Beach Auto Repair, LLC) - Vincent Keenan, Petitioner. Todd Peetz, City Planner, advised that the applicant was Vincent Keenan, representing Beach Auto Repair. He advised that they have requested permission to complete their existing non -conforming use that had begun but had not been completed. He noted that the change of use is from the current outside storage to being an enclosed use for auto repairs; the project is located on N. Atlantic Avenue; and adjacent to newly constructed residential uses. He explained that by enclosing the third bay area, the building would function better, reduce noise, and be more attractive to the community. Mr. Peetz, City Planner, further explained that according to the submitted survey, the existing building does not meet the special setback of 50 feet from N. Atlantic Avenue, as required by Section 110-536 of the Land Development Code; the survey delineates the front of the building as being 41.46 ft. from the property line; According to Section 110-337, Minimum setbacks, the property must have a side setback of 25 feet when abutting a residential district; the property to the north of the subject site has a special exception for a residential use in the C-1 zoning District; the north side of the incomplete bay is only 6.62 feet from the north property boundary abutting the residential use; the current use of the site would normally require a special exception, as permitted by Section 110-334; however, this is a non -conforming use; the current structure was constructed in 1957; the proposed enclosure of the bay would create a more compatible use with the existing residential development adjacent to and north of the subject site; these improvements have the potential to reduce the negative visual impact, as well as, noise due to auto repair practices on site. Vincent Keenan, Petitioner, testified that the two bay auto service center was built in 1957; it has been operating as an auto repair facility in the C-1 Zoning district continuously for the last 48 years; in the mid 1970's, the owners of the property started to build a third bay; because of a slow down in business, they did not finish the work and only completed the footprint and the walls to six ft. high; from that time, it has been used as a courtyard with a gate; now he would like to finish the three walls to the proper height of the rest of the building, and continue the roof and enclose with a door. Mr. Keenan advised that this will make the building look completed, be much more functional, and more attractive for the community. Planning & Zoning Board Meeting Minutes January 10, 2007 Page 5 The Board members reviewed photos of the existing building, and a color rendering of the proposed improvements, entered as exhibits. Discussion followed. David Feller, Business Owner, clarified that they are not asking to expand the use, they are asking for approval of what was started in 1972. He advised that inoperable vehicles are only stored for 15 days then they are towed away; and the proposed third bay will be used for tools and machine storage. Bea McNeely, Chairperson, verified that the addition would need to meet the current building code. Members of the audience had the following comments: enclosing the building will be a significant aesthetic improvement; storm -water runoff should be a consideration; this business benefits the City, and will be an improvement; the City wants to encourage businesses like this one; this will be a definite improvement; Beach Auto Repair is an honest business; there has never been a noise or parking complaint; the business is only open during regular business hours; and let the little businesses survive. James Morgan, former City Building Official, advised that he was the Building Official at the time that certain stormwater, drainage, and retention features were enhanced, and the property exceeds the requirement for stormwater retention. Kate Latorre, Assistant City Attorney, advised that her opinion regarding the change of use for this request was written prior to the new City ordinance. The Board members reviewed Section 110-95 of the Code of Ordinances regarding change of use. Discussion followed. Following discussion, the Board agreed to the following Findings of Fact: • While the City's code prohibits increase of non -conforming uses, Section 110-195 (8) allows for property owners to seek approval from the Board of Adjustment for a "change of use" from one non -conforming use to another non -conforming use which is equally or more restrictive, less intensive, and more compatible with the surrounding use. Planning & Zoning Board Meeting Minutes January 10, 2007 Page 6 • This application meets the criteria in Ordinance No. 17-06, as the enclosure would: 1) Create less noise; 2) Create better aesthetic benefit to surrounding use than the previous use; 3) Be compatible with the existing and future use of the area; and 4) Create less of a visual impact than the present non- conforming use. Motion by John Fredrickson, seconded by Harry Pearson, to recommend approval of Request No. 07-02 to allow a change of use to the Board of Adjustment. Discussion followed. Vote on the motion carried unanimously. Chairperson McNeely called for a recess at 9:20 p.m. The meeting reconvened at 9:25 p.m. 5. Recommendation to the Board of Adiustment Re: Special Exception Request No. 07-03 to Allow a Vehicle Rental Facility in the C-1 Zoning District, 7510 N. Atlantic Avenue, Section 23, Township 24 South, Range 37 East, Avon by the Sea - David Kabboord, Petitioner. Todd Peetz, City Planner, gave an overview of the request. He advised that the request meets all distance requirements for similar type uses; and the property should have a Unity of Title Agreement. David Kabboord, Petitioner, testified that he purchased the property in 1992; the previous granted special exception for the same requested use was expired; the vehicles would be exiting on Tyler Avenue; and he did not know how many vehicles would be parked at any one time. Discussion followed regarding restricting the number of vehicles. Planning & Zoning Board Meeting Minutes January10, 2007 Page 7 Shannon Roberts, citizen, advised that the Business and Cultural Development Board suggested that that the City not allow any more of this type of business. She voiced her concerns regarding bringing additional traffic onto Polk Avenue, which already has a heavy traffic volume. She advised that the City is trying to work with the Port to take on more vehicle rental facilities. She requested that the City be pro -active in strategic planning by encouraging desirable type businesses. She voiced her concern regarding compatibility of this proposed use with surrounding uses. Discussion followed. Following discussion, the Board requested that the Petitioner provide them a parking plan showing the parking spaces. David Kabboord advised that he would have the plan ready for the next meeting agenda. Motion by Donald Dunn, seconded by Lamar Russell to postpone Request No. 07-03 until the next scheduled meeting. Vote on the motion carried unanimously. At 10:00 p.m., by unanimous consensus of the Board members the meeting time was extended to no later than 10:30 p.m. 6. Recommendation to the Board of Adjustment Re: Special Exception Request No. 07-04 to Allow Sales of Convenience Goods (IceMater) at an Existing Automotive Service Station in the C-1 Zoning District, 8101 Astronaut Boulevard, Section 23, Township 24 South, Range 37 East Parcel 255.0 (Citgo Gas Station) - Jay Jasperson, Petitioner. Todd Peetz, City Planner, gave an overview of the request, stating that it was consistent with the code but, that a special exception is required because this is an additional use to a service station. Chairperson McNeely advised that the project has received approval from the Community Appearance Board. Jay Jasperson, Petitioner, testified that this was a pre -manufactured building which vends ice to walk-up customers; he works with the local emergency services throughout the County; and the ice is made in the automated building. Brief discussion followed. Motion by Donald Dunn, seconded by Lamar Russell, to recommend approval of Special Exception Request No. 07-04 to the Board of Adjustment. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes January 10, 2007 Page 8 OPEN DISCUSSION James Morgan asked the Board to consider an add-on item for a final replat of Sea Shell Cay, located at the corner of Harbor Heights. By consensus, the Board members unanimously agreed to add a recommendation of the final replat for Sea Shell Cay to the agenda. Recommendation to the City Council Re: Final Replat of Sea Shell Cay Townhomes. Replat of Lot 1, Harbor Heights West Subdivision, Section 14, Township 24 South, Range 37 East - James Morgan, Applicant. James Morgan, Applicant, advised that the City Engineer had required an Opinion of Title which is not required for a final plat. Todd Morley, Building Official, read the City Engineering firm's policy change. Mr. Morley clarified that an Opinion of Title is not required by the City code. Mr. Morgan advised that he would provide a title commitment or property deed prior to City Council approval. Todd Peetz, City Planner, gave an overview of the project. He advised that all staff comments were satisfactorily addressed. The Board members reviewed the final replat. Motion by John Fredrickson, seconded by Lamar Russell to recommend approval of the Final Replat of Sea Shell Cay to the City Council. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 10:27 p.m. Bea McNeely; Chairperson _7 Susan L. Chapman, Secretary