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HomeMy WebLinkAbout2006 Jan - DecPLANNING & ZONING BOARD MEETING MINUTES DECEMBER 13, 2006 A Regular Meeting of the Planning & Zoning Board was held on December 13, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson OTHERS PRESENT Susan Chapman Todd Peetz Kate Latorre Robert Hoog Shannon Roberts NEW BUSINESS: Chairperson Vice Chairperson 1 st Alternate Secretary City Planner Assistant City Attorney Mayor Pro Tem Council Member 1. Approval of Meeting Minutes: November 8, 2006. Motion by Harry Pearson, seconded by Lamar Russell, to approve the meeting minutes of November 8, 2006, as presented. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Ace Hardware Revised Site Plan. Todd Peetz gave an overview of the proposed expansion. He noted the uses of the surrounding properties; and gave an overview of public services and facilities. Marvin Nichols, property owner, advised that the 5,000 sq. ft. addition will look like the existing building; the green house will look more like a pool screen enclosure, with shaded screens; the existing propane tank will be relocated in the rear of the property next to the dumpster. Discussion followed regarding the relocation of the existing 1,000 gallon propane tank; location of the fire hydrant; acceptable turning radiuses for the fire department emergency access; traffic pattern; employee parking in the rear, and customer parking in the front; the building structure is for Ace Hardware storage and accessible only to their employees; the new structure would not be open to the public or rented; drainage; landscaping; stormwater; and permits from regulatory agencies. Discussion continued regarding the previous u -haul rental business; and architectural drawings not being submitted to the Board for review. The property owner excused himself from the meeting to obtain the architectural rendering from his vehicle for the Board's review. Bea McNeely advised that the project was approved by the Community Appearance Board. Motion by Harry Pearson, seconded by John Frederickson, to recommend approval of the Ace Hardware Revised Site Plan. Discussion followed regarding the relocation of the existing propane tank. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes December 13, 2006 Page 2 OPEN DISCUSSION John Johanson questioned what the status was regarding the proposed sign ordinance. Kate Latorre, Assistant City Attorney, responded that staff was still working on it. The Board members agreed that the Community Appearance Board members be contacted when the City reviews the proposed ordinance. John Johanson voiced his concerns regarding further regulating or removing additional hotels and vehicle rental facilities from the code so that the City would remain a residential community, preventing a tourism community. Lamar Russell noted that the City established distance requirements between vehicle rental facilities. John Johnson advised the Hertz Rent-A-Car located on A1A and Holman Road were parking vehicles in the City right-of-way, which was in violation of City code and their special exception. Discussion followed regarding vehicle rental facilities. John Fredrickson commented that the City lost a lovely restaurant because they were drawn away by a vehicle rental business that overflowed their parking area. Shannon Roberts, Council Member, advised that the Business and Cultural Development Board prefers not so many hotels and vehicle rental facilities in the City. She explained that the Board is surveying the commercial districts and will determine the desirable vs. less desirable uses. Shannon Roberts, Council Member, advised that a workshop is being scheduled with the Planning & Zoning Board and City Council regarding short term rentals. There being no further business the meeting was adjourned at 8:50 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary 0 PLANNING & ZONING BOARD MEETING MINUTES NOVEMBER 29, 2006 A Regular Meeting of the Planning & Zoning Board was held on November 29, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson OTHERS PRESENT Robert Hoog Shannon Roberts Todd Morley Kate Latorre Todd Peetz Duree Alexander NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate Mayor Pro Tem Council Member Building Official Assistant City Attorney City Planner Acting Secretary 1. Discussion Re: Special Exception Applicant Review Checklist -Todd Peetz, City Planner. Todd Peetz, City Planner, stated that at the November 8, 2006 meeting a revised draft of the Special Exception Review Checklist was handed out and discussed; as a result, the Board requested the item be placed on the next available agenda for further discussion. There was a brief discussion regarding who would be completing the checklist form. Todd Peetz, City Planner, suggested that the checklist could be used in a pre -application meeting with the applicant(s). The pre -application meeting would be held with the applicant prior to the Board meeting to review all forms, and answer any questions prior to the meeting. Kate Latorre, Assistant City Attorney, informed the members that to implement a pre - application meeting would require a code amendment. Planning & Zoning Board Meeting Minutes November 30, 2006 Page 2 John Johanson, Board Member, suggested that "In detail' be added to the first paragraph second sentence to the last, to read "The questions should be answered in detail as if the project is already completed and operating". There was discussion by the Board regarding item (1) Noise as follows; how to determine the amount of noise permitted; define what amount of noise would be allowed and how to measure the amount of noise allowed. There was discussion regarding the approval process as follows; how the seven established factors in the code relate to the checklist; provide guidance in to how to consider recommendation or approval of a Special Exception; and how to incorporate the checklist into the application packet. Motion by Harry Pearson, seconded by Lamar Russell, to adopt the Special Exception Review Checklist, as amended. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Proposed Ordinance Amending Alcoholic Beverage Regulations - Anthony Garganese, City Attorney. Todd Peetz, City Planner, provided an overview of the proposed Ordinance. He explained that there are City codes that are in need of updating for consistency with other parts of the code. The first being the ability to have a special exception for alcohol in the C-2 zoning district. He explained that there are C-2 zoning districts located on the water and the concern is that the current code would allow a property owner to operate a restaurant at this location and to seek a special exception to serve alcoholic beverages on the water. This would not be in keeping with the character of the area. The proposed ordinance would not allow establishments that sell alcoholic beverages within 300 feet of the Atlantic Ocean or the Banana River shoreline. There was discussion regarding clarification of the language used to determine the distance the establishment would be required to be located from the shoreline. The boundary of the use, not the boundary of the establishment. Kate Latorre, Assistant City Attorney, suggested adding language to page 2, paragraph (1) last line, "to include the shoreline of the Banana River and Atlantic Coast" to maintain consistency through the ordinance. John Johanson, Board Member, suggested that paragraph (1) on page 2, be divided into two sub -paragraphs (1) (a) & (1) (b) addressing churches, schools, and playgrounds in one Section and the Banana River, and Atlantic Coast shoreline in the other Section. A brief discussion followed. 2 Planning & Zoning Board Meeting Minutes November 30, 2006 Page 3 Motion by Donald Dunn, seconded by Harry Pearson, to make a recommendation to approve the Ordinance with the proposed changes as discussed. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: Proposed Ordinance Appealing Hotel/Motels on 12,000 square foot lots - Anthony Garganese City Attorney. Todd Peetz, City Planner, provided an overview of the proposed ordinance. He stated that hotels must be a minimum of 150 units, with the maximum density of 30 units to the acre, which would not fit on a 12,000 square foot lot. The ordinance is simply repealing the phrase "Hotels and Motels" from Section 110-336 (1) (a), for consistency with other provisions of the code. Motion by Lamar Russell, seconded by Donald Dunn, to recommend the Ordinance to the City Council for approval. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Proposed Ordinance Amending All Zoning Districts to Allow Public Parks and Utilities as Permitted Uses - Anthonv Garganese, City Attorney. Todd Peetz, City Planner, provided an overview of the proposed ordinance, which allows public parks and utilities as a permitted use in all zoning districts, appealing the requirement for a special exception. He stated that there are certain utilities that the City needs to provide for the health, safety and welfare of the public and this is an add encumbrance to the City to obtain the special exception. There was a brief discussion. Motion by Lamar Russell, seconded by Harry Pearson, to recommend the Ordinance for approval to the City Council. Vote on the motion carried unanimously. 5. Discussion - Request Direction to Staff on the Use of Liquefied Petroleum - Todd Peetz, City Planner Todd Morley, Building Official, asked the Board for direction regarding possibly creating an ordinance to regulate the storage of liquefied petroleum gas, which is currently being stored in all zoning districts. He stated that the current fire codes stringently regulate liquefied petroleum. He suggested that possibly the Board would consider adopting additional regulations regarding zoning, for example, in residential districts you may store liquefied petroleum as long as you meet the fire code regulations, limiting the amount of liquefied petroleum to under a 1,000 gallons before Planning & Zoning Board Meeting Minutes November 30, 2006 Page 4 having to obtain a Special Exception. He stated that none of the residential districts allow storage in excess of the 3,000 gallons on any one lot. There was discussion by the Board. The Board suggested the following changes regulating liquefied petroleum; strike the words "Established Fire District" from Chapter 110- 354, (c) (6) and add "shall not be allowed"; address the storage of liquefied petroleum in the C-1 & C-2 zoning districts to allow up to a maximum of 1,000 gallon storage by Special Exception; address the storage of liquefied petroleum in the M-1 zoning districts to allow up to a maximum of 3,000 gallons and strike "above ground storage" in chapter 110-354, (c) (6); provide a definition of liquefied petroleum and remove all references to the "Established Fire Districts" in all other zoning districts. Motion by Lamar Russell, seconded by Bea McNealy, to recommend to the City Council to codify the Special Exceptions for the C-1 and C-2 zoning districts; storage not to exceed 1,000 gallons; M-1 zoning district remove paragraph (6) page 25, and change the last sentence under paragraph (6) to read storage of LP in excess of 3000 gallons is prohibited; and request an additional draft Ordinance specifying exempt quantities of storage of liquefied petroleum products in all zoning districts. Vote on the motion carried unanimously. 5. Discussion and Motion Re: Cancel Meeting on December 27h Motion by Lamar Russell, seconded by John Johanson cancel the December 27, 2006 Planning & Zoning meeting. Vote on the motion carried unanimously. OPEN DISCUSSION There were several residents of Solana that expressed concerns regarding the storage of Liquefied Petroleum and liability issues. Shannon Roberts, Council Member, asked if the residents would have access to review the checklist to provide feed back to the Planning & Zoning Board. She questioned the notification process for notifying residents within a five hundred foot radius. Bea McNealy, Chairperson, responded regarding the checklist, the residents may address the Board under open discussion. Todd Peetz, City Planner, responded that each resident located within the five hundred foot radius to include the Association itself is notified by staff. He stated that staff obtains the addresses from the Brevard County Property Appraiser's office. 4 ADJOURN There being no further business, the meeting was adjourned at 10:00 p.m. Bea`KcNeely, Cha uree Alexander, Acting Secretary 5 PLANNING & ZONING BOARD MEETING MINUTES NOVEMBER 8, 2006 A Regular Meeting of the Planning & Zoning Board was held on November 8, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson OTHERS PRESENT Robert Hoog Dave Sargeant Bennett Boucher Todd Morley Kate Latorre Todd Peetz Susan Chapman NEW BUSINESS: Chairperson Vice Chairperson 1 st Alternate Mayor Pro Tem Fire Chief City Manager Building Official Assistant City Attorney City Planner Secretary Approval of Meeting Minutes: October 11, 2006. Motion by John Fredrickson, seconded by Donald Dunn, to approve the meeting minutes of October 11, 2006. Vote on the motion carried unanimously. 2. Approval of Meeting Minutes: October 25, 2006. Motion by Donald Dunn, seconded by Bea McNeely, to approve the meeting minutes of October 25, 2006. Vote on the motion carried unanimously. 3. Review and Recommendation to City Council Re: Hertz Local Edition Vehicle Rental Facility Site Plan - Section 15, Township 24 South, Range 37 East, Part of Parcel 25.0 (Property is Located Just North of Residence Inn and South of Country Inn) - William H. Stephenson, Proiect Engineer. Todd Peetz, City Planner, gave an overview of the project. He explained that the property has a granted special exception for the vehicle rental use. He noted that the City Engineer recommended approval of the site plan with the notation that the site must comply with the conditions of the St. Johns Water Management District permit prior to the issuance of the building permit. Planning & Zoning Board Meeting Minutes November 8, 2006 Page 2 John Fredrickson voiced his concern that the existing Hertz rent -a -car facility on N. Atlantic Avenue has not complied with the condition placed on their granted special exception by exceeding the maximum amount of vehicles that are allowed to be parked. Brief discussion followed. The Board members reviewed the submitted site plan. Discussion was held regarding: percentage of impervious area, and landscaping. Bill Stephenson, applicant, submitted photographs of the property. He agreed to enhance the existing landscaping around the interior parking islands on the Hertz site. He commented that the only off-site construction will be at the entrance way as requested by the City. He noted that there will be no fencing provided around the property. He explained that Hertz anticipates that the bulk of there cliental will be bussed in from the Port. He advised that he has a letter from St. Johns Water Management District and legal access to the stormwater facility. Discussion followed regarding parking. Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of the site plan for Hertz Local Edition Vehicle Rental Facility. Discussion followed. Vote on the motion carried unanimously. 4. Discussion Re: Oak Park Condominiums Ingress and Egress - Todd Peetz. City Planner. Todd Peetz, City Planner, advised that the project meets the condition of the approved site plan regarding right-in/right-out. Todd Morley, Building Official, commented that N. Atlantic Avenue is a County road. Bennett Boucher, City Manager, explained that a middle turn lane will need to be installed by the County before the City will accept the road. He noted that the County is receiving quotes to also have a traffic light installed. Shannon Roberts, resident of Solana Shores, voiced her concerns about the dangerous and serious situation between residents of Oak Park and residents of Shorewood Drive entering and exiting their communities. A resident of Solana Lakes commented that the City new about the traffic hazard and approved the Oak Park development anyway. Discussion followed regarding property rights. Lamar Russell explained that the City has not exceeded the documented Level -of - Service -Standard on N. Atlantic Avenue. Therefore, if a proposed development meets all the established codes they can not be denied to build. Bennett Boucher, City Manager, explained that a middle turn lane is planned from George King Blvd. to Space Port Amoco. He advised that the middle turn lane is being designed, there is a plan, and it will be built. However, it will just take time. Planning & Zoning Board Meeting Minutes November 8, 2006 Page 3 5. Discussion Re: Special Exception Reviews - Todd Peetz, City Planner. Todd Peetz, City Planner, gave an overview of this discussion item. Lamar Russell read the proposed findings of fact special exception worksheet. Following discussion, the Board members agreed to agenda this item for further review and adoption at the next meeting. 6. Discussion and Motion Re: Cancel Meeting on November 22nd and Establish Next Meeting Date (Possibly November 29th). Following discussion, the Board members agreed that the November 22nd meeting be cancelled; and verified that a quorum would be present if a meeting needed to be scheduled for November 29th. OPEN DISCUSSION David Sargeant, Fire Chief, explained that liquid petroleum products are highly regulated. He explained that the State mandates what is enforced and the City can not go below the State code. He explained the City code establishes buffering requirements. He noted that all newer tanks are built with interior and exterior release valves. He agreed that the tanks could levy. However, that is why they are so heavily regulated. Chief Sargeant advised that any large LP tank requires a permit from the fire department. Todd Morley, Building Official, advised that liquid petroleum is not allowed by City code. However, an applicant could ask the City for a zoning amendment. He explained that the term "fire district" came from the Southern Building Code Congress International (SBCCI), which was adopted into the City code in 1979. He advised that SBCCI no longer exists, and suggested that the term be removed from the code. Residents of Solana voiced their comments and concerns regarding the tank farm. Lamar Russell clarified that liquefied petroleum has nothing to do with Coastal Fuels; the City does not allow liquid petroleum; and if Coastal Fuels asks for an amendment to the ordinance, the City must consider it. Discussion continued. There being no further business, the meeting was adjourned at 10:20 p.m. PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 11, 2006 A Regular Meeting of the Planning & Zoning Board was held on October 11, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely John Fredrickson Donald Dunn Harry Pearson John Johanson MEMBERS ABSENT Lamar Russell OTHERS PRESENT Duree Alexander Todd Peetz Kate Latorre Robert Hoog NEW BUSINESS: Chairperson 1 st Alternate Vice Chairperson Acting Secretary City Planner Assistant City Attorney Mayor Pro Tem 1. Approval of Meeting Minutes: September 27 2006. Motion by Harry Pearson, seconded by Donald Dunn, to approve the meeting minutes of September 27, 2006. Vote on the motion carried unanimously. 2. Review and Recommendation to City Council Re: Proposed Model Ordinance for Proportional Fair -Share Mitigation of Development Impact on Transportation Corridors — Todd Peetz City Planner. Planning & Zoning Board Meeting Minutes October 11, 2006 Page 2 Todd Peetz, City Planner provided an overview of the Proposed Model Ordinance. He stated that there is a statutory deadline of December 1, 2006 to enter into this inter -local agreement by ordinance that addresses fair -share mitigation impacts on transportation corridors. He explained that the local government shall include methodologies that will be applied to calculate proportionate fair share mitigation. A developer may choose to satisfy all transportation concurrency requirements by contributing or paying proportionate fair -share mitigation if transportation facilities or facility segments identified as mitigation for traffic impacts are specifically identified for funding within the next five year schedule of capital improvements. He continued by stating that proportionate fair -share shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair -share mitigation is used to address the same capital infrastructure improvements contemplated by the local government's impact fee ordinance. Discussion followed regarding which streets would be impacted by this Ordinance. Todd Peetz, City Planner, explained that there is a section in the proposed ordinance that references intergovernmental coordination, which advises each local government to work with other affected agencies to establish a procedure for coordinating mitigation to impacted facilities that are maintained by another agency, outlining inter jurisdictional review criteria and decision time -fames. Bea McNealy, Chairperson, questioned how is the fair -share determined. Todd Peetz, City Planner, explained that the formula to determine fair -share is the cumulative number of trips expected to impact roadways during peak hours, divided by the change in the peak hour maximum service volume of roadways, multiplied by the construction cost. The City shall determine improvement costs based upon the actual cost of the improvement as obtained from the Capital Improvement Program. If that information is not available improvement cost shall be determined by other methods, such as other projects which are similar, or utilize the most recent issue of FDOT transportation costs. Planning & Zoning Board Meeting Minutes October 11, 2006 Page 3 Kate Latorre, Assistant City Attorney, stated that this will be put in City Ordinance form. She advised that she would review the Brevard County's Ordinance to insure that the City's Ordinance was compatible. She recommended that the Board review this Ordinance again in a City Ordinance format before recommending it to the City Council. Motion by Donald Dunn, seconded by Harry Pearson, to bring back the Model Ordinance for Proportionate Fair -Share Mitigation of Development Impacts on Transportation Corridors in City of Cape Canaveral Ordinance format for review by the Planning and Zoning Board, prior to recommendation to City Council. Vote on the motion carried by majority, with a four to one vote, with members voting as follows: Donald Dunn, for; John Fredrickson, for; John Johanson, for; Bea McNeely, for; and Harry Pearson, against. OPEN DISCUSSION Discussion was held regarding short term rentals and the missing history from the Board packet at the previous meeting. The members expressed concerns that there may have been a better way to write the ordinance, and include police and code enforcement requirements. Ruth Anders, representative of Solana Lakes, addressed the Board regarding liquefied petroleum, requesting that the Planning and Zoning Board revoke the special exception for liquefied petroleum. She expressed concerns regarding the Board not acting on the petition signed by the residents. Bea McNeely, Chairperson, responded that the Board was waiting on additional information from staff, and upon receiving all pertinent information the Board would act accordingly in the best interest of the citizens. There being no further business, the meeting was adjourned at 9:40 p.m. Bea McNeely, Chairperson uree Alexander, Acting Secretary PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 25, 2006 A Regular Meeting of the Planning & Zoning Board was held on October 25, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson OTHERS PRESENT Rocky Randels Robert Hoog Todd Morley Kate Latorre Todd Peetz Susan Chapman NEW BUSINESS: Chairperson Vice Chairperson 1 st Alternate Mayor Mayor Pro Tem Building Official Assistant City Attorney City Planner Secretary 1. Discussion Re: Staff Report on Existing Liquefied Petroleum Within the City. Todd Peetz, City Planner explained that this agenda item was a result of the Board for staff to evaluate and inventory all existing liquefied petroleum throughout the City. He gave a brief overview of the report and attachments. Vice Chairperson, Lamar Russell pointed out that page three of the report did not have a reference for the C-2 Zoning District. Todd Morley, Building Official reported his findings of the research and gave an overview of the report. He identified each zoning district where the use of liquefied petroleum is allowed. He advised that there currently are no established fire district(s) in the City. He advised that every storage facility in the M-1 zone requires a granted special exception regardless of how many gallons are being stored. He further advised that storage in excess of 3,000 gallons is required to be underground. He explained that as per the City Code, Chapter 38, Fire Prevention and Protection, Sections 38-4 and 38-5, the fire department is required to permit the storage. He reported that there were no tanks larger than 120 lbs in any mobile home district; he did not inventory any of the residential districts; and the report referenced a tank's declared capacity as imprinted on the storage tank, whether it was gallons or pounds. The Board members thanked staff for the report. Planning & Zoning Board Meeting Minutes October 25, 2006 Page 2 Discussion followed regarding: establishing a fire district(s); protection; buffering; setbacks; and establishing an allowable minimum and maximum size. Following discussion, Chairperson McNeely requested that the Fire Chief be present at the next meeting to answer the Board's questions and concerns. Discussion was held regarding liquefied petroleum products within the residential zoning districts; regulating them as an accessory use in compliance with the fire code; types of fuels for portable generators; establishing a fire district for storage in access of 3,000 gallons. Todd Morley read the definition of a fire district from City Code Section 110-1. Following discussion, the Board agreed to have the Fire Chief speak to the Board at the next meeting, and the Board will then establish a threshold for each zoning district; and for staff to review other Cities codes to see how other jurisdictions handle the storage issue. Ruth Anders, spokesperson for the Solana Lakes Committee for a Safer and More Beautiful Cape Canaveral, advised that the committee has asked the City all along for a repeal of the special exception which allows for storage of liquefied petroleum in the M-1 zoning district. She pointed out that propane and other highly flammable petroleum products are next door to high density residential and the two uses do not mix. She understood that less than 2,000 gallons is considered an accessory use. However, the concern is that the properties with a granted special exception have no threshold. 2. Review and Recommendation to City Council Re: Proposed Ordinance for Proportionate Fair -Share Mitigation of Development Impacts on Transportation Corridors. Todd Peetz, City Planner, explained that the ordinance will require property owners who impact transportation corridors that are failing and are in the State's Capital Improvement Plan to pay their fair share of the impact to the road. He further explained that this process is already required for developments of regional impact and now is being extended to non -regional impact projects. He advised that it is not anticipated that this new requirement will directly impact proposed developments in the City at this time because the level of service standards is not in a level "F" condition. Kate Latorre, Assistant City Attorney, gave an overview of the draft, answered various questions from the Board members, documented the recommended amended changes, and advised the Board that the City is required to implement the Ordinance by December 1, 2006. Planning & Zoning Board Meeting Minutes October 25, 2006 Page 3 Motion by Lamar Russell, seconded by Bea McNeely to recommend approval of the proposed ordinance as amended. Discussion followed regarding defining acronyms. Vote on the motion carried unanimously. 3. Discussion Re: Creating a Checklist or Matrix for Special Exception Reviews. The Board members reviewed and discussed the proposed matrix that was created by the City Planner, Todd Peetz. Mr. Peetz explained that the intent of the matrix was to make special exception decisions more consistent based upon established standards. Following discussion, the Board concluded that the matrix idea should not be carried forward. In an effort to assist the Board, the Board Secretary offered to provide the Board with a copy of the special exception forms that the Board used years ago to make recommendations to the Board of Adjustment. This item will be further discussed at the next meeting. OPEN DISCUSSION: Discussion was held regarding trucks traveling on N. Atlantic Avenue after 10 p.m. The Board questioned who the enforcement authority was. The Board Secretary offered to contact the Public Works department and report back to the Board at the next meeting. Discussion was held regarding right in and right out access at the Oak Park project. John Fredrickson advised that he has seen property owners turning left to exit and enter the property. Todd Peetz, City Planner, responded that he believed when the improvements are made to N. Atlantic Avenue there would be a concrete median that will prevent the left turns. Discussion followed. The Board Secretary advised that staff would review the approved site plan and report back to the Board at the next meeting. There being no further business, the meeting was adjourned at 9:57 p.m. 'Bea M Susan Chapman, Secretary rWNNiNU & ZONING BOARD MEETING MINUTES SEPTEMBER 27, 2006 A Regular Meeting of the Planning & Zoning Board was held on September 27, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson OTHERS PRESENT Duree Alexander Todd Peetz Kate Latorre Bennett Boucher Robert Hoog Buzz Petsos NEW BUSINESS: Chairperson Vice Chairperson 1 st Alternate Acting Secretary City Planner Assistant City Attorney City Manager Mayor Pro Tem Council Member Approval of Meeting Minutes: September 13 2006 Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes of September 13, 2006. Vote on the motion carried unanimously. 2. Review and Recommendation to City Council Re: Proposed Ordinance Regarding Vacation Rentals - Kate Latorre, Assistant City Attorney. Todd Peetz, City Planner, gave an overview of the agenda item. He explained that the agenda item was discussed several months ago and most of the issues had been resolved at that time. The item was put on hold to see the outcome of the Brevard County lawsuit regarding short term rentals. However, at the last City Council meeting the Council requested staff move forward with the item. Kate Latorre, Assistant City Attorney, explained that this ordinance had been revised based on City Council recommendations to prohibit vacation rentals for less than ninety (90) days in the R-1, R-2, and R-3 residential zoning districts. She stated that the Brevard County lawsuit was in the beginning stages and that no significant ruling had been made which would provide any type of guidance. Consequently the Council requested that staff move forward and prepare the ordinance. Chairperson MCNaaly asked if the City Council had any specific recommendations. Planning & Zoning Board Meeting Minutes September 27, 2006 Page 2 Kate Latorre, Assistant City Attorney responded that the City Council's specific instructions were to prohibit vacation rentals in all residential zoning districts for single family dwellings or multiple family dwellings with four (4) or less units for periods of less than ninety (90) consecutive calendar days, which would exclude larger condominiums and apartment complexes. She stated that the intent of each zoning district was amended to further explain and promote the City's intent for permanent residency of families in these districts; the ordinance specifically prohibits what staff has defined as "transient commercial use" in these zoning districts and has been added to the definition section of Chapter 110; to avoid conflict, the sentence "dwelling unit rentals of less than seven days are expressly prohibited" has been stricken from the R-1, R-2 and R-3 residential zoning districts. Bea McNealy. Chairnersnn ackarl if fharA woo 9 nr/1�rini�. F-- ..IL:__ .L • - - •• -• •-• - ••.... .. N� v v...tw� wI put IQ LI III U IC ordinance. Kate Latorre, Assistant City Attorney responded that there was no provision in this particular ordinance; however, she asked that the Board consider a period of time for existing rentals to come into compliance. There was open discussion by the board members regarding the ninety (90) day time limit recommended in the proposed ordinance; the issues of short term rentals in regards to noise, parking and number of people residing in the units for short periods of time; and the effect on the long term residents. Donald Dunn asked how Brevard County and other municipalities are regulating the amount of time allowed for short term rentals. Kate Latorre, Assistant City Attorney responded that she believed the County is limiting the short term rentals to sixty (60) or ninety (90) days and that the State pre-empts local regulation to a certain extent. She stated that due to the numerous concerns presented to City Council that the intent of this particular amount of time is to eliminate some of the problems that are associated with the short term rentals as previously discussed. There was open discussion by the board members regarding permitting requirements for existing short term rentals; fire inspections; and owner contact information being posted in the rental units. John Johanson asked if City staff had reviewed other City's ordinances regarding short term rentals. Todd Peetz, City Planner stated staff had reviewed a dozen or more ordinances ranging from three (3) days to thirty (30) days, with some jurisdictions prohibiting short term rentals altogether. rianning & Lornng board Meeting Minutes September 27, 2006 Page 3 Timothy Levensaler, 419 Jackson Avenue, Cape Canaveral, stated he is opposed to the new ordinance. He owns properties that are short term rentals in the City and has obtained all the required licenses to operate his business. The problems that have been addressed by the board, such as noise, number of people and parking; he has addressed with his tenants and surrounding neighbors. He stated that he has posted his personal contact information in all his rental units and resides at one of the short term rental properties. He stated that he felt the only problem may be parking. Burt Patrick, prior City Manager addressed compliance with the current zoning ordinance which allows pre-existing uses to be grandfathered and asked that the board consider grandfathering the existing uses. Todd Peet? MtV Pinnnar eta+cars +h7+ o +ir"e% nm...+;Za+;..... ..I .J..1_ # _ - "-.r - . - ---��� .. • — rn � w u111%01%1 LGLIVI I JVI IGUUIC VVUUIU UC created to amortize those uses so that they would not have a grandfathering ability. Bill Correnti, 8774 Live Oak Ct., Cape Canaveral, stated that he is opposed to the new ordinance; he believes that long term residents are more of a problem than the short term renters; and that short term renters are not the same as transient rentals. Kate Latorre, Assistant City Attorney provided a definition for transient rentals. Annie Tenenbaum, 8194 Lake Drive, Unit 306, Cape Canaveral, stated her concerns regarding not allowing short term rentals. Shannon Roberts, 703 Solana Shores Drive, Unit 505, Cape Canaveral, stated her concerns regarding the short term rentals; the noise factor when short term rentals are introduced into a quiet residential area; difficultly in dealing with weekly renters whose concerns are here only to have fun; consideration of time shares which are different from condominium associations. Motion by Bea McNeely, seconded by Lamar Russell that the board recommend approval of the draft Ordinance to the City Council with the condition that an amortization period be added for existing agreements to expire in one (1) year. Discussion followed regarding regulating noise; number of people; enforcement; type of amortization schedule. Members voted as follows: Donald Dunn, for, John Fredrickson, against; Bea McNeely, for; Harry Pearson, against; and Lamar Russell, for. Motion passed three to two. OPEN DISCUSSION Bea McNeely, Chairperson opened the floor for discussion. Lamar Russell, Vice Chairperson provided an outline to the Board members regarding his thoughts on compatibility with surrounding uses in regard to special exceptions; minimum requirements for a special exception; what are the Planning & Zoning Board Meeting Minutes September 27, 2006 Page 3 planned future land uses; criteria for measuring compatibility; differences in land use functions; harmony between adjoining properties, including appearance, size, buffering/screening, setbacks and noise; consideration toward glare, odor, hours of operation; relationship to land values; risk factors and environmental conditions. There was a brief discussion by the board regarding Mr. Russell's suggestion to revise the current special exception requirements. The board directed staff to incorporate these thoughts on compatibility into a check list. Ruth Sanders, 8931 Lake Drive, Cape Canaveral stated her concern that the City is not repealing the special exception that allows liquefied petroleum in the M-1 zoning district. She stated her opposition regarding the petroleum tanks being allowed in the M-1 zoning district abutting a residential zoning district. Lamar Russell, Vice Chairperson explained that staff has been directed to conduct a City-wide inventory of all liquefied petroleum tanks and upon receiving staff's report the appropriate action will be taken. There being no further business, the meeting was adjourned at 9:40 p.m. 'Bea "Mc"Neely, Cha' " er on ee Alexa der, Acting Secretary PLANNING & ZONING BOARD MEETING MINUTES SEPTEMBER 13, 2006 A Regular Meeting of the Planning & Zoning Board was held on September 13, 2006, at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Board 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 Rocky Randels Robert Hoog Todd Morley Brian Dennison Kate Latorre Todd Peetz Susan Chapman Chairperson Vice Chairperson 1 st Alternate Mayor Mayor Pro Tem Building Official Captain, CCVFD Assistant City Attorney City Planner Secretary Chairperson McNeely advised the audience of the rules of the meeting. She announced that the meeting will adjourn by 10:00 p.m. NEW BUSINESS: Approval of Meeting Minutes: August 23, 2006. Motion by Harry Pearson, seconded by Lamar Russell, to approve the meeting minutes of August 23, 2006, with a minor correction. Vote on the motion carried unanimously. 2. Review and Recommendation to City Council Re: Final Replat of Beachside Townhomes - 2nd Addition, Replat of Lot 13, Block 5, Avon by the Sea Subdivision - John Johanson, Applicant. John Johanson declared a conflict of interest and submitted the appropriate form to the Secretary. Todd Peetz, City Planner, gave an overview of the project. Brief discussion followed. Motion by Lamar Russell, seconded by Donald Dunn, to recommend approval of the Final Replat for Beachside Townhomes - 2nd Addition, as presented. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes September 13, 2006 Page 2 3. Review and Recommendation to City Council Re: Proposed Ordinance Repealinq Storage of Liquefied Petroleum Products - Section 110-354 (c)(6) of the Cape Canaveral Code of Ordinances - Anthony Garganese, City Attorney. Kate Latorre, Assistant City Attorney, advised that this ordinance was prepared in response to the meeting on August 23rd, and it simply repeals the special exception for storage of liquefied petroleum from the M-1 industrial district. Donald Dunn questioned why the Board was considering removing liquefied petroleum products from the City code. Mr. Dunn then referred to Coastal Fuels application and previous testimony which held that what is being stored is not liquefied petroleum; they want to store gasoline which is liquid petroleum. He stressed the difference between the terms 'liquefied" and 'liquid". He clarified that changing the code does not apply to what is being stored there. Todd Morley, Building Official, distributed and explained the results of research performed by City staff since the last meeting. The Board members reviewed the provided information. He read definitions of liquefied petroleum from the NFPA 101, 2006 edition, Florida Building Code, Fuel Gas, and Dept. of Environmental Protection. He provided a general historical overview of the term LP gas from a series of articles from the New York Times written in 1962 entitled "The First Fifty Years of LP -Gas"; "NFPA Documents & Papers Written over the Past 100 Years" in which he noted that there are ten instances where liquefied petroleum gas was written for the NFPA dating back to 1934. He provided a historical overview of the City code references to Liquefied Petroleum products, referring to June 7, 1966 City Council Meeting Minutes approving Ordinance 13-66, Adopting Section 15, The National Board of Fire Underwriters for the storage and handling of liquefied petroleum and gases cited as NBFU #58; a copy of Ordinance 13-66; a current print-out of NBFU #58; a copy of a 1962 City code which explained the uses permitted in M-1 and M-2 zoning districts. He noted that neither liquefied or liquid petroleum were mentioned; he read a 1964 City code, regarding prohibited uses and special requirements for uses in M-1 and M-2, (3) regarding the premises used by gasoline, oil and petroleum storage tanks; zoning regulations adopted by Ordinance 12-71, District and Intent of the M-1, M-2 and M-3 zoning districts pointing out that the previous language regarding the bulk storage of gasoline, oil and petroleum had been removed and that the City code now began regulating liquefied petroleum storage. He cited current code references to liquefied petroleum which contrasted the current references to liquid petroleum. Specifically, Ordinance 22-94, Section 38-4, Restriction on Storage and Dispensing of Flammable Materials and Liquids; Article III, Occupational License Tax, Section 70-66, Definitions; Article ll, Public Service Tax, Section 70-26, Definitions. Based on the definitions, general history and historical City code references, Mr. Morley maintained that previous City Councils intentionally removed the bulk storage provision of liquid petroleum from the City code, and likewise, subsequent City Councils have historically demonstrated a functional knowledge of the definition of liquefied petroleum. He advised that the City code does not provide a special exception for the storage of liquid petroleum. Mr. Morley stated that the City put in a code to regulate liquefied petroleum and they meant liquefied petroleum. He maintained that the special exception that was granted in 1991 to Coastal Fuels was based on an interpretation that he would not have made. He voiced his opinion that the ordinance presented to the Board is a good ordinance and should not be repealed. Planning & Zoning Board Meeting Minutes September 13, 2006 Page 3 He advised that the use has been granted to other properties that store and sell propane; if the ordinance is repealed, the City will be affecting and could cause a hardship on those merchants by making it a non -conforming use. He explained that what the City needs is to look at how they want to regulate liquid petroleum storage tanks. The Board members reviewed the ordinance. Discussion followed regarding defining a fire district, buffering, safety, and existing locations of liquefied petroleum. Werner Grewe, 8921 Lake Drive, questioned what was discussed at the last meeting. He believed that the meeting clarified the difference between liquefied and liquid petroleum. Kate Latorre, Assistant City Attorney, explained that as staff researched the definition of liquetied petroleum, they became smarter, and realized that the definition of liquefied petroleum was not applicable to what Coastal Fuels was seeking. She further explained that anyone can come forward with a request for an ordinance change but, there is a specific public hearing process. Lamar Russell verified that there is nothing written in the City code that specifically allows for large storage of liquid petroleum however, an existing use would be grandfathered and not allowed to be expanded. Joe Glover, owner of Glover Oil, advised that he grew up in this area and he purchases all of his supply from Coastal Fuels. He advised that when there was a fuel supply shortage in the State of Florida a few years ago, it was because there were not enough petroleum product storage facilities. He stated that the State has only a three day supply if all the ports are shut off. He stressed that the one thing the State of Florida needs is additional storage facilities. Mr. Glover explained an alternative type of fuel which is Ethanol and Bio Diesel. In order for the Port to handle this product, they will need to put in additional storage. He noted that the State of Florida sells 23 million gallons a day in gasoline sales and the State has no pipe lines to supply the fuel. Lamar Russell questioned if Coastal Fuels supplies Orlando International Airport with aviation fuel. Mr. Glover did not know but, commented that there is a pipeline of that type of fuel that runs from Tampa to Orlando. Brief discussion followed regarding fuel additives. Chairperson McNeely requested that staffs additional research should include all types of fuels. John Bond, 8931 Lake Drive, advised that this issue originally started as a Coastal Fuels problem. Now it is a City issue. He stated that the Port has currently set aside 32 acres on the North side and is currently negotiating with VITOL, Inc. to put a number of different fuels, including aviation fuel which will piped to Orlando International Airport. Mr. Bond questioned how many gallons of LP the existing merchants were using. Todd Morley responded that staff will be researching the quantity, placement and buffering of existing liquefied petroleum tanks currently located within the City, and would report back to the Board. Richard Evans, 8921 Lake Drive, commented that Mr. Glover was correct that the State needs additional storage facilities just not in Cape Canaveral. He commented that a B.L.E.V.E. is possible, although unlikely, with storage of liquid petroleum products. Mr. Evans stressed the concern that the City can not afford to have liquefied petroleum products in any quantity near residential homes. He urged the Board to consider the proposed ordinance from the standpoint of safety of the residents. Planning & Zoning Board Meeting Minutes September 13, 2006 Page 4 Evelyn "Annie" Tennenbaum, 8921 Lake Drive, advised that at the last meeting the residents tried to explain and document their concerns. She stressed that the issue is not the supply, the issue is buffering and safety. She commented that she was very disappointed this evening because the City Attorney at the last meeting put the wording together for the proposed ordinance and the information presented this evening is only to clarify the language which should have been concluded at the previous meeting. Chairperson McNeely responded that this issue will take a lot of research and study. She assured the audience that the City would not drop -the -ball on this issue. Marianne Brokus, 8911 Solana Lake Drive, advised that approximately 11 years ago, the City gave Coastal Fuels permission to expand and install two more tanks, and the Mayor at that time, had said that the City will allow these two tanks but that's the end of their expansion. Katie Mantuso, 8899 Solana Lake Drive, asked how the proposed ordinance had nothing to do with Coastal Fuels, when according to the City code liquid petroleum is a non- conforming use. Lamar Russell responded that the City code says that a non- conforming use can not be expanded. He explained that if someone wants to come in and ask for a code change to make that use conforming they could do that. He further explained that Coastal Fuels can not come in with an application to increase liquid storage because there is no City code that allows that use. Lee Ann Mann, resident of Port Canaveral Trailer Park, asked for clarification of the issue being discussed. She also asked for clarification of liquid petroleum and liquefied petroleum. She questioned where the existing merchants would receive their product if Coastal Fuels no longer existed. The Board members answered her questions. She voiced her concern regarding being on a barrier island and trying to evacuate in case of an emergency. Chairperson McNeely advised that there are established evacuation routes in place but yes, evacuation is always a concern. Scott Wiedermann, 202 Harbor City Boulevard, Melbourne, spoke on behalf of Coastal Fuels. He voiced his opinion that it is important to recognize all the corporate entities of Cape Canaveral that Coastal Fuels directly supplies. He advised that Coastal Fuels distributes 90% of the fuel to the cruise lines. He explained that if a regulatory agency should require Coastal Fuels to add an additive or some type of liquefied petroleum to their existing operation without such mechanism from the City they would have no way to supply or meet the regulatory agencies that could put pressure on them and the other corporate residents of Cape Canaveral. He voiced his opinion that at a minimum, it should be addressed to a determination of how this special exception will affect other merchants within the City to abide by the numerous other regulatory agencies that are out there. He advised that Coastal Fuels not only supplies the cruise lines but, also NASA directly for their recovery of the solid rocket boosters, the barges and ships that are used for that purpose. Coastal Fuels also supplies directly to Exxon, Mobil, Pilot, RaceTrac, Cumberland Farms, and the United States Navy. He believed that there needs to be a special exception to allow the continuous supply to the corporate residents of the City that also bring in revenue and generate the economy of the Counties and throughout the State. Planning & Zoning Board Meeting Minutes September 13, 2006 Page 5 Mr. Wiedermann spoke about negative impacts to existing merchants if the City goes forward with the adoption of the proposed ordinance. He offered to facilitate a workshop with Coastal Fuels and other fuel merchants with the City to further outline the affect that this ordinance may have. He stated for the record that he was an employee of Coastal Fuels. A resident of the City questioned the Coastal Fuels representative as to why the facility has not complied with EPA regulations. Chairperson McNeely advised that the question was not part of what the Board was considering at this time but, it would be addressed. Evelyn "Annie" Tennenbaum commented that the reason why they are here is because Coastal Fuels is adjacent to their property and there is a conflict. She suggested that they find other places to expand. Discussion followed. Lamar Russell explained that in 1991 when the special exception was granted to Coastal Fuels for an expansion the Board thought that liquid and liquefied were both the same. Mark Morrison, 8931 Lake Drive, thanked the Board and Building Official. He reiterated what Lamar Russell had already said that the City code does not allow Coastal Fuels to expand. He advised that Coastal Fuels or anyone has a right to request a change in the City code. He stated that if Coastal Fuels does that the Board will see all of the residents again. He commented that the ordinance was exceptionally well done. Motion by Lamar Russell, seconded by Donald Dunn, that the Board make no recommendation at this time. That the Board will reconsider the proposed ordinance amending Section 110-354 (c) (6) at a later meeting after the City Attorney's office and City staff work together to redefine liquefied petroleum storage with clear unified appropriate definitions; define fire district(s) and where they should be applied; apply buffers and safety factors; and City staff identify the quantity, placement and buffering of existing liquefied petroleum tanks currently located within the City. Vote on the motion carried unanimously. 4. Review and Recommendation to City Council Re: Proposed Ordinance Clarifying Non -Conforming Uses and Structures - Section 191-201 of the Cape Canaveral Code of Ordinances - Anthony Garganese, City Attorney. Kate Latorre, Assistant City Attorney, advised that the proposed ordinance was a result of several workshops and all of the recommendations are incorporated into this ordinance. The Board members reviewed the proposed ordinance. Discussion followed. Motion by Donald Dunn, seconded by Lamar Russell, to recommend approval of the proposed ordinance to City Council with the amendment that the wording "special permit" be changed to "special building permit". Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes September 13, 2006 Page 6 5. Discussion Re: Chapter 2006-88, Amending Florida Statute 166.033 - Written Notice Requirements for Denial of a Development Permit - Anthony Garganese City Attorney. Kate Latorre, Assistant City Attorney, advised that this amendment will go into effect starting on October 1st, and affects several of the City Boards. She explained that the legislature amended Florida Statute 166.033 to require that when any request is denied, the denial must refer to the specific code or law in which the denial is based. Discussion followed regarding implementing the written criteria and findings to meet the requirement. Following discussion, Kate Latorre offered to work with the Building department in generating a check list to comply with the new code requirement. Motion by Bea McNeely, seconded by Harry Pearson to direct the City Attorney's office to work with the Building Official in creating a check list for compliance. Vote on the motion carried unanimously. There being no further business the meeting was adjourned at 9:30 p.m. Bea McNeely, Chairpers Susan L. Chap cretary PLANNING & ZONING BOARD MEETING MINUTES AUGUST 23, 2006 A Regular Meeting of the Planning & Zoning Board was held on August 23, 2006, at the i Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Board 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 OTHERS PRESENT Susan Chapman Secretary Todd Peetz City Planner Anthony Garganese City Attorney Rocky Randels Mayor Robert Hoog Mayor Pro Tem Todd Morley Building Official Jeffrey Ratliff Public Works David Sargeant Fire Chief Thomas Young Sheriffs Department Chairperson McNeely advised the audience of the rules of the meeting. She announced that the meeting will adjourn no later than 10:00 p.m. NEW BUSINESS: Approval of Meeting Minutes: July 12, 2006. Motion by Harry Pearson, seconded by Lamar Russell, to approve the meeting minutes of July 12, 2006. Vote on the motion carried unanimously. 2. Discussion Re: Storage of Liquefied Petroleum Products. Todd Peetz, City Planner, gave an overview of the agenda item. He explained that the agenda item was a result of an application submitted for an expansion of an existing use allowed under City code Section 10-354 (C) (6). He advised that buffering and setbacks are considered in reviewing this type of request. He noted that fire districts and liquid petroleum products are not defined in the City code. Anthony Garganese, City Attorney, explained that this agenda item is an open discussion. He advised that it was within the Board's purview to make recommendations regarding the zoning code to City Council. Planning & Zoning Board Meeting Minutes August 23, 2006 Page 2 Todd Morley, Building Official, reminded the Board that the City Council asked the Board to consider changing the code. He advised that there was currently no application. He suggested that the Board may want to explore adding a definition of liquefied petroleum products. Chief David Sargeant, CCVFD, advised that the City should clarify and define liquefied petroleum products, which he noted are propane and butane as stated in the City code. He noted that if the City so desires to create a fire district, then buffer zones will need to be established that are not covered by the National Fire Protection Association (NFPA) when it comes to distances. He explained that the fire codes work with the zoning and building codes. He advised that the definitions needed to be clarified. He explained that a liquefied petroleum product is made into liquid only when under pressure, it is not gasoline, diesel, or asphalt and that is what is being stored. He recalled that back in 1991 there were no condominiums abutting this property. He noted that this community has changed since the tank farm was constructed, and the population has increased. He commented that the publics concerns should be addressed. He reported that there are currently security plans in place from the Brevard County's Sheriffs office and there are plans in place from the Canaveral Fire department. He reviewed the existing plans for evacuation. He explained that tanks typically burn for long periods of time and they can release toxic and noxious fumes. He noted that tanks do not typically explode, they are vented, and every tank out there is currently protected with a foam system with the exception of the asphalt tank. He commented that terrorists can attack any where at any time. He questioned if the City wants to add more hazard to this community. He commented that adding gasoline or diesel is a hazard or it would not be regulated by a code. Lt. Thomas Young, Sheriffs Office Representative, advised that Coastal Fuels has gone over and above what is required and is moving forward with added security measures. He noted that safety issues can always be improved. Jeffrey Ratliff, Public Works Representative, advised that there is soil and ground water contamination at the site, the latest sampling revealed that it is contained on the site. He explained that a remedial action plan has been approved by Brevard County and the County is expecting the remediation to begin within a year. Lamar Russell, Vice Chairperson, advised that he was on the Board in 1991, when the Board created the language in the code. He noted that at that time the Board was advised by the Building Official that LP products were being stored on the site, however the Board knew they were liquid. The Board was also advised in 1991 that a fire district was established and defined at that time. He stated that these issues will be addressed, in the future, if they need to be. Planning & Zoning Board Meeting Minutes August 23, 2006 Page 3 Ruth Anders, representative and resident of Solana Lakes, advised that the City received 439 petitions from residents against the special exception. She asked the Board to consider recommending an immediate moratorium. John Bond, representative and resident of Solana Lakes, requested that any type of liquefied petroleum product storage be eliminated. He spoke of adverse impacts to the citizens and requested the Board recommend an immediate moratorium. Mr. Bond read the City's Mission Statement. Mark Morrison, representative and resident of Solana Lakes, spoke of security concerns. He advised that any proposal to add more capacity has the potential to adversely affect the City. He explained that Coastal Fuels threats and security problems came into existence before terrorism changed the world on 911. He advised that no mitigation exists to remove the inherent threats of the tank farm's physical layout. Mr. Morrison gave an overview of his expert credentials. He showed a slide of the physical layout of the Coastal Fuels take farm which he explained showed inadequate security from a deliberate terrorist attack. He showed another slide showing a diagram of the tank farm's most dangerous vulnerabilities and access points. He explained that adjacent to George King Boulevard on the tank farm's north side, there are no adequate standoff space exists between live pipelines and active storage tanks to prevent a penetration. He showed other slides of photographs he took on July 4th from outside the facility, and highlighted various security concerns. In closing, Mr. Morrison commented that the facility was built to minimize cost, not to maximize security. He further commented that times have changed, and the City cannot afford to put security second to any other consideration. Rick Evans, representative and resident of Solana Lakes, spoke of fire safety issues. Mr. Evans gave an overview of his expert credentials. He advised that Florida Statute, Section 187.201, requires the City to protect lives and property by preventing activities which could cause natural and manmade disasters. He pointed -out that Section 38.4 of the City code applies prohibitions to gasoline storage in residential areas of the City. He read the definition of a special exception which states that "a use that would not be appropriate generally, or without restriction, throughout the zoning division or district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare". Mr. Evans showed slides of various tank farm fires. He pointed -out that each of the facilities at the time of the fire was determined to be in compliance with state and federal requirements. He commented that regulations avoid controllable risks, but some risks are not controllable. In closing, Mr. Evans stated that fire and explosion are devastating, fire and explosion are possible, and a sufficient boundary of safety must exist. Planning & Zoning Board Meeting Minutes August 23, 2006 Page 4 Mary Ann Brokus, representative and resident of Solana Lakes, read a speech for Gail Duncan, another resident of Solana Lakes, regarding aesthetics. Ms. Brokus gave an overview of Mrs. Duncan's expert credentials. She advised that their homes have a buffer of approximately 800 feet from the existing tanks. If the current special exception allowing liquefied petroleum tanks in the M-1 zoning district is allowed to continue, the likely placement of tanks would be even closer and would change everything about their quiet, peaceful, and view of the property. She commented that what was now a group of neighborhoods with a predominant high value of between $300K and $700K would become property blighted with external obsolescence, which would dramatically affect the current value. She advised that according to a local property appraiser, there is no place where fuel tanks are next to residential properties in the entire county of Brevard, and probably the whole state. She pointed -out that Section 110-39 of the City code, says that it must be considered whether a special exception would have an adverse impact on views and vistas, prices, neighborhood quality, traffic -generating characteristics, compatibility, and harmony with adjacent land uses. Additionally, it further states that a special exception should not adversely impact land use activities in the immediate vicinity. She then gave examples of numerous negative impacts. She advised that the present tank farm was first built in the early 1950's, before there was any residential development there. She explained that in 1990, two additional tanks were approved by special exception. At that time, there were approximately 100 acres of vacant land to the east, south, and north of the property. Ms. Brokus showed a schematic of Coastal Fuels and surrounding existing properties and gave examples of how Coastal Fuels was negatively impacting the residential properties. In closing, she asked that the City maintain the integrity of the neighborhood and your constituents' property values by repealing the special exception for M-1 zoning. She voiced the concern that more tanks would not fit in with the profile of a residential, resort neighborhood and would constitute an illogical and incompatible adjacency. Evelyn "Annie" Tennenbaum, representative and resident of Solana Lakes, spoke regarding environmental concerns. She spoke as a concerned resident who has a strong interest in her community. She advised that for many years she taught in an area in New York where a statistically significant number of children suffer from asthma, and one of her co-workers died from emphysema which she did not believe that this was a coincidence. She explained how the air quality index is monitored. She advised that the air increasingly reeks with the stench of pollutants from the vapors that are discharged when the storage tanks are filling. She explained that small amounts of gasoline vapors affect the nervous system and can cause breathing difficulties. She further explained that the noxious odors which emanate from the storage of asphalt acts as a respiratory irritant that can trigger asthma attacks. She pointed -out that there are currently 2,150 residences within a one -mile radius of the current tank farm. She voiced her opinion that the increasing activity and growth of Coastal Fuels will surely affect the health and quality of life of everyone within that one mile radius and the surrounding community. She explained that with approximately 23% if Brevard's population age 60 and older and that percentage expected to increase during the next five to ten years, social service agencies and local governments will be challenged to address a broad range of age related issues. She advised that trees provide a natural barrier; they act as a filter for pollutants, and are a principal source of oxygen. She explained how destroying trees and other vegetation would affect the environment, and how ground water contamination affects the environment. Planning & Zoning Board Meeting Minutes August 23, 2006 Page 5 In closing, Ms. Tennenbaum suggested that the City should consider creating a conservation easement in this area to protect the environment and property values. This will be more cost effective in the long run since taxpayer dollars account for 74% of the cost to clean up the site, and Coastal Fuels only 26%. Ruth Anders, representative and resident of Solana Lakes, gave an overview of her expert credentials. She requested that Section 110-354 (C) (6) of the City code allowing a special exception for liquefied petroleum tanks be repealed. She advised that she has written petitions from many residents in the City to support the request. She stated the reasons for their appeal request. She stated that the first reason was the serious safety hazards, health hazards, and property damages new tanks would create; second reason was that this special exception does not promote the public health, safety, welfare, comfort, convenience, appearance, or prosperity but instead does just the opposite; the third reason is that it would provide a permanent solution as no company, including Coastal Terminals LLC, could come back in two or three years and put the residents through this again; the fourth reason was that in the residents view, the present requirements are virtually standard less and are thus arbitrary and capricious and constitute the creation of a public nuisance. She explained that the special exception allows the storage of liquefied petroleum products without any distance requirement from residents or standards for safety, environmental, aesthetic, air, light, view, and noise or pollution purposes. She noted that there are no special standards to be met other than the fire prevention code; petroleum products in excess of 3,000 gallons should be in an established fire district. The City is far too developed to allow this situation to continue. She pointed -out that the existing tank farm was first implemented about 50 years ago and the last request for a special exception to construct more tanks was granted in 1991. At that time, Coastal Fuels was told no further expansion would be allowed. However, the City did not address this issue in its zoning code in the interim 16 years. She noted that none of the condominiums, townhomes, the Cape Caribe Resort, or other residential homes was in existence in 1990. She questioned how the City could allow these high rise density residential uses be developed so close to existing tanks. She commented about the notification process that was sent to the residents regarding the special exception request. In closing, she stated that the residents ask that the City to repeal the special exception for liquid petroleum tanks in light industrial zones; and the citizens request that the City put a moratorium on any new tank special exception requests in the interim. She advised that the residents would appreciate notice of the City's decision as soon as they have the opportunity to consider it. John Grandlich, Representative for Cape Caribe Resort, commended the City's efforts for listening to the residents' issues and concerns. He believed the code does need clarification, at a minimum, and a repeal of the special exception would be preferred. He agreed that, in the past, the location of the storage tanks were okay, however, now it just does not fit into the City's plans. He advised that Cape Caribe Resort supports the efforts of the City and the public trying to repeal the special exception. Shannon Roberts, resident of Solana Shores, recognized and acknowledge the number of residents present at the meeting from Solana Shores who are at the meeting to support the issues that have been represented at this meeting. Planning & Zoning Board Meeting Minutes August 23, 2006 Page 6 Lee Ann Mann, resident of Port Canaveral Trailer Park, advised that she has seen suspicious things going on and has called the police. She voiced her concern for her health due to the outside and inside of her mobile home is covered with black soot. Anthony Garganese, City Attorney, explained to the Board their options to proceed. He advised that the Board should consider compelling testimony, and decide if the use should continue to be allowed in the M-1 zoning district, and should it be allowed any where near a residential area. He suggested that at a minimum, the City should impose more safeguards. He advised that the Board can make a recommendation at this meeting to the City Council. He explained that they can use the moratorium rule to give the City additional time to study the issue. Chairperson McNeely asked for the Board members comments at this time. Harry Pearson commented that the issue is liquefied petroleum products. If the Board repeals that section of the code, someone may want to store propane tanks, and there is nothing in the code that prevents that. He asked if special exception should be repealed. Donald Dunn commented that the issue is distance and compatibility during an extensive population growth period of residential. He questioned if the existing tank farm or expansion is compatible with residential. John Johanson commented that a tank farm is an extreme use in the M-1 zoning district and the City may need a transitional use between the existing tank farm and the residential areas. He further commented that the special exception request is not a public or City request, it is a private request. John Fredrickson commented that he would like the Board to hear a response from Coastal Fuels. Lamar Russell commented that the City Council should repeal the special exception use from the code. He advised that if the use is not allowed, then it is prohibited. Brief discussion was held regarding requesting the City Attorney to draft a proposed ordinance for the next agenda repealing the special exception. Alan Galbreath, resident of Solana Lakes, questioned if the existing tank farm would be affected. Anthony Garganese, City Attorney, responded that the existing use would become non -conforming. Brief discussion followed. Motion by Lamar Russell, seconded by Harry Pearson, to request that the City Attorney draft an ordinance to repeal the special exception for review and make recommendation at the next meeting. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes August 23, 2006 Page 7 There being no further business the meeting was adjourned at 9:30 p.m. �-- Bea McNeely, Chairperson S an ,Se retary PLANNING & ZONING BOARD MEETING MINUTES JULY 12, 2006 A Regular Meeting of the Planning & Zoning Board was held on July 12, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson OTHERS PRESENT Susan Chapman Todd Peetz Kate Latorre Rocky Randels Robert Hoog Todd Morley Chairperson Vice Chairperson 1 st Alternate Secretary City Planner Assistant City Attorney Mayor Mayor Pro Tem Building Official John Johanson declared a conflict of interest on the last two agenda items. NEW BUSINESS: 1. Approval of Meeting Minutes: June 14, 2006. Motion by Harry Pearson, seconded by John Fredrickson, to approve the meeting minutes of June 14, 2006. Vote on the motion carried unanimously. 2. Recommendation to the Board of Adjustment Re: Special Exception Request No. 06-05 to Allow Storage of Liquefied Petroleum Products in the M-1 Zoning District Sections 11 & 14 Township 24 South, Range 37 East, Parcels 15 & 271, (8817 N Atlantic Avenue) - Craig E. Smith, Designated Agent for Coastal Terminals, LLC, Petitioner. Chairperson McNeely read the agenda item for the record. Todd Peetz, City Planner, advised that the applicant withdrew the request from the agenda. Chairperson McNeely voiced her opinion that the property owners should be re -notified. Brief discussion followed. Motion by John Fredrickson, seconded by Donald Dunn, to require the applicant to re - notify the property owners. Discussion followed. Kate Latorre, Assistant City Attorney, advised that she needed to research whether the Board has a legal authority to require the applicant to re -notify the property owners. Motion by Donald Dunn, seconded by Lamar Russell, to withdraw the motion. By consensus, the Board members agreed. Discussion followed. Todd Peetz, City Planner, explained the notification process. Planning & Zoning Board Meeting Minutes July 12, 2006 Page 2 Lamar Russell questioned if the applicant gave a good reason to postpone the request. He voiced his opinion that it may be a tactic played by the applicant to confuse the residents. City staff advised that there was no reason received by the applicant. Kate Latorre, Assistant City Attorney, advised that technically a motion to postpone is not required. She advised that she will research the notification requirement and report back to staff. Discussion continued. Mark Morris, resident of Solana Lakes, advised that over half of the Solana Lakes residents are not in the area this time of year. He advised that the proposed expansion would be within 150 feet of his front door. He advised that only owners within 300 feet received notification. Todd Morley, Building Official, advised that the notification requirement is 500 feet. Discussion followed. Todd Peetz, City Planner, advised that the names and addresses were provided by the Brevard County Property Appraiser's office. The Board members reviewed the submitted map of properties and verified that the map included all property owners within 500 feet. Discussion continued. Kate Latorre, Assistant City Attorney, advised that the City can only make the applicant pay for what the code requires, unless the applicant voluntarily agrees. She verified that the public has the right to speak at any public meeting. Discussion continued regarding the notification process and requirements. The Honorable Mayor Randels advised that the City staff notified over 100 people that this agenda item was withdrawn from the agenda. Motion by Lamar Russell, seconded by Donald Dunn, that item #2 be removed from the agenda; and the applicant be required to re -apply and re -notify all the adjacent property owners, including all owners of common properties. Discussion followed. By consensus, the Board agreed that the motion be withdrawn. Discussion followed. Motion by Lamar Russell, seconded by Harry Pearson, to place a discussion item on the next agenda on how to proceed on the legal points of notification and re-application for this item. Discussion followed. Todd Morley, Building Official, advised that he spoke with Craig Smith last Friday and he said that he is willing to re -notify the property owners. A citizen voiced his opinion that if the applicant did not follow protocol, then he should be required to start the process over. Vote on the motion carried unanimously. After all the other agenda items were heard and acted on Kate Latorre, Assistant City Attorney, advised that additional information was provided to her by staff and she had the opportunity to research the notification requirements. Since it was 10:00, by consensus, the Board members agreed to extend the meeting time until 10:15. Kate Latorre, Assistant City Attorney explained that the notification to the property owners is a courtesy notice by code, and the City can not require the applicant to re -notify the owners. She further explained that the applicant can willingly re -notify the property owners and pay for the legal advertisement. Susan Chapman, Board Secretary, advised that in an effort to notify the property owners of the applicant's request, notices were placed in the City Hall lobby, City Hall Annex, on the City web -site, and a legal ad posted in the newspaper, that was published this meeting date, advising the public that this item was withdrawn from the agenda by the applicant and rescheduled for August 9th. Discussion followed. Kate Latorre, Assistant City Attorney, requested that the Board agree to allow staff to continue encouraging the applicant to re -notify the property owners and hear the request on August 9th. Planning & Zoning Board Meeting Minutes July 12, 2006 Page 3 Motion by Lamar Russell, seconded by Donald Dunn, to withdraw the previous motion and remove the discussion item from the next meeting agenda. Vote on the motion carried by a (4) to (1) majority vote, with members voting as follows: Donald Dunn, for; John Fredrickson, against; Bea McNeely, for; Harry Pearson, for; and Lamar Russell, for. 3. Recommendation to the Board of Adiustment Re: Special Exception Reauest No. 06-04 to Allow Outside Storage of Recreational Vehicles, Trailers and Trailerable Items in the C-2 Zoning District, Section 15, Township 24 South, Rance 37 East, West Portion of Parcel 760, (200 W. Central Boulevard) - Ahmad and Abulghasem Nasaipour, Petitioners. Todd Peetz, City Planner, advised that this agenda item was postponed at the last meeting, for additional information. He described the property location, and verified that the additional information requested by the Board was received. He read the checklist for the record. The Board members reviewed the submitted landscape and screening plan. Chairperson McNeely commented that some of the existing outside storage facilities in the City were unsightly. She requested the applicant provide a list of how many plants would be planted, what kind of plants, and how many. John Fredrickson questioned if the City planned to install sidewalks along the property. The Honorable Mayor Randels responded that the area was not part of the planned sidewalks. He commented that the boat storage facility would not be placed in the setback anyhow. Vice Chairperson Russell pointed out that outside storage facilities have buffering requirements all the way around the area (on all sides). Todd Peetz, City Planner, read the buffering requirements for the record, and noted that the fence along the road right of way could not exceed 4 ft. in height. Mr. Nasajpour, the Petitioner, commented that there is a need for boat storage. He advised that a 6 ft. high chain link fence will be installed on the east side, and a 4 ft. high chain link fence on the road frontage and along the sides that are within the 25 ft. setback; and two drive thru gates would also be installed. The Board members reviewed and discussed the placement of the two proposed gates. Mr. Botts, the potential lessee, outlined from a resubmitted drawing, the various areas where Oak and Palm Trees would be planted; the lighting plan; placement of the gates and fencing; number of parking spaces and how they would be marked; and access points. Mr. Botts verified that there would be 54 or 55 parking spaces, no on site maintenance, and no fish cleaning. Discussion followed. Kate Latorre, Assistant City Attorney, verified that there is sufficient representation of the property area for this request. Planning & Zoning Board Meeting Minutes July 12, 2006 Page 4 Motion by Lamar Russell, seconded by Harry Pearson, to recommend approval of the Special Exception Request No. 06-04 to the Board of Adjustment, with the following conditions: • Security fence on all sides. • Screening on all sides composed of greenery on the outside of the fence. • All boats shall be on licensed movable trailers. • Lighting shall meet all code requirements. • All parking places shall be designated with lasting markers. • The number of parking spaces is limited to 54 and must meet all code requirements. • Maintenance and repair is prohibited. Discussion followed. By consensus, the Board members agreed to all the recommended conditions. Discussion followed. Vote on the motion carried unanimously. Vice Chairperson Russell reiterated the conditions to the applicant, and explained that if any of the conditions are violated the special exception may be revoked. 4. Recommendation to City Council Re: Site Plan Approval for an Office Buildinq and Mini -Storage Building, 400 Imperial Blvd - Arthur Berger, Applicant. Todd Peetz, City Planner, gave an overview of the proposed site plan. He advised that staff reviewed the site plan and recommended approval. The Board members reviewed the site plan and landscape plan. Arthur Berger, applicant, advised that he would meet all code requirements. Discussion was held regarding the types of trees selected and the City code requirements. Discussion was held regarding stormwater retention and run off. Arthur Berger advised that the property owner has agreed to work with the City on stormwater improvements along the Canaveral River which abuts the property. Mr. Berger noted that the site plan approval included a future building footprint and stated that the property owner is aware that he will need to come in with a new site plan for the future building and site. Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of the site plan. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes July 12, 2006 Page 5 5. Recommendation to City Council Re: Final Replat of Villaaio Townhomes Replat of Lots 1, 2 and 3. Block 1 Avon by the Sea Subdivision - (Washington Avenue) - Ron Wallen, Applicant. Todd Peetz, City Planner, advised that the project was previously named Casa Bonita. Mr. Peetz gave an overview of the final replat, and noted that the project was almost completed. He advised that staff had reviewed the final replat and had no comments. David Welsch, property owner, answered the Board members various questions. Motion by Lamar Russell, seconded by Donald Dunn, to recommend approval of the final replat. Vote on the motion carried unanimously. 6. Recommendation to City Council Re: Preliminary Replat of Laws Townhomes - Lot 5. Block 69. Avon by the Sea. (Lincoln Avenue) - James E Morgan Applicant. Todd Peetz, City Planner, gave an overview of the preliminary replat. He advised that Todd Morley, Building Official, spoke with the applicant about the project prior to the moratorium, and since the project is considered a work in progress, the applicant can go forward with the project without being effected by the moratorium. He noted that the property has been utilized as residential. Discussion was held regarding the comment from the Public Works Director regarding easements. Todd Peetz verified that all the easements are shown on the preliminary replat. Motion by Lamar Russell, seconded by John Fredrickson, to recommend approval of the preliminary replat. Vote on the motion carried unanimously. There being no further business the meeting was adjourned at 10:12 p.m. Bea McNeely, Chairperson ' Susan L. Chapman, Secretary PLANNING & ZONING BOARD MEETING MINUTES JUNE 14, 2006 A Regular Meeting of the Planning & Zoning Board was held on June 14, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. MEMBERS PRESENT Bea McNeely Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1 st Alternate MEMBERS ABSENT Lamar Russell Vice Chairperson OTHERS PRESENT Susan Chapman Secretary Todd Peetz City Planner Kate Latorre Assistant City Attorney Robert Hoog Mayor Pro Tem Leo Nicholas Council Member NEW BUSINESS: 1. Approval of Meeting Minutes: May 24, 2006. Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes of May 24, 2006. Discussion followed. Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes of May 24, 2006, as corrected. Vote on the amendment carried unanimously. Vote on the main motion, as amended, carried unanimously. 2. Recommendation to Board of Adjustment Re: Special Exception Request No 06 -64 -.-to Allow Outside Storage of Recreational Vehicles. Trailers and Trailerable Items in the C-2 Zoning District, Section 15, Township 24 South Range 37 East West Portion of Parcel 760. (200 W. Central Boulevard) - Ahmad and Abulghasem Nasaipour, Petitioners. Todd Peetz, City Planner, advised that the property was located on the north side of Central Boulevard, east of the canal, and west of a lumber yard. He noted that the property to the west of the canal has an existing special exception for outside storage. Mr. Peetz reviewed and read comments from the City staff. He suggested that appropriate landscape be placed as a condition in the Board's recommendation. He noted that the fire department requests a minimum 20 ft. of unobstructed access, and an additional fire hydrant. Mr. Peetz reviewed the special exception worksheet. Planning & Zoning Board Meeting Minutes June 14, 2006 Page 2 Jess Cooley, owner of TowBoat US Port Canaveral, testified that he and John Potts, owner of East Coast Marine, needed to expand their existing boat storage facilities that are located in the Port. He explained that this area is a heavy boating community and there is no additional vacant property available in the Port that allows this type of use. He noted that most condominiums in the area do not allow parking and storage of boats and RVs. He verified that his request included the storage of boats, boat trailers, and RVs. Mr. Cooley further testified that there is an existing fire hydrant across the street from the gate on the South side of Central Boulevard. He submitted an updated site plan. The Board members reviewed and compared the original site plan with the updated plan. Discussion followed. Mr. Cooley advised that he would be happy to add screening; the average boat size would be 40 ft; the spaces would be marked, and the fenced area would comply with the 20 ft. of unobstructed roadway access; there could be some traffic impact on days of fishing tournaments; security lighting would be added; there would be no office; the boat owners would have a key or swipe pad, and have 24 hour access; the perimeter fence is chain link and 6 ft. high, a white mesh screen would be added the entire width of the fence along Canaveral Boulevard; some of the boats may be on jack stands and strapped to meet all OSHA requirements, and he owns a hydraulic trailer that can move any equipment if needed. Ahmad Nasajpour, property owner, agreed to move the fence back from the right-of-way and plant heavy landscaping on the outside of the fence. Mr. Cooley noted that there would be no hazmat or big jobs, just minor general maintenance. He advised that the outside storage area would be limited to 55 spaces. He noted that the area would remain grassed. Todd Peetz read City code Section 110- 551 (2) (E) and (F) regarding property maintenance. Mr. Cooley agreed to keep the area maintained. John Fredrickson voiced his opinion that he did not think this request would be an asset to the city unless it is heavily screened from view on the South and West sides. John Johanson explained that the property should have a dumpster to avoid boaters from piling trash bags along the road. Mr. Nasajpour agreed to place a dumpster on the property. Bill Barnes, property owner to the West of this property, st at ed -that he did not have a problem with this request. The Board members held discussion regarding the submitted site plans not accurately reflecting what was planned, such as: type of fence screening, type of landscape screening, the entrance, the 20 ft. of unobstructed access, the existing fire hydrant, the placement of proposed lighting, the placement of the dumpster, the maximum number of parking spaces, or an explanation of how the spaces would be marked. Discussion followed regarding some of the Board members not having enough information to make a recommendation. Planning & Zoning Board Meeting Minutes June 14, 2006 Page 3 Motion by Bea McNeely, seconded by John Fredrickson, to table this request until the next meeting. Vote on the motion carried by a (3) to (2) majority vote, with members voting as follows: Donald Dunn, against; John Fredrickson, for; John Johanson, against; Bea McNeely, for; and Harry Pearson, for. Todd Peetz advised that he would need the information submitted no later than next Wednesday for this item to be scheduled on the next agenda. John Johanson voiced his opinion that the Board could have made recommendation to the Board of Adjustment with a written list of requested additional information. OPEN DISCUSSION The Board Secretary reminded the Board members to submit their Financial Disclosure Statements to the City Clerk's office as soon as possible. There being no further business the meeting was adjourned at 8:20 p.m Bea McNeely, Chairperson Susan 7pmii , Sec re ary PLANNING & ZONING BOARD MEETING MINUTES MAY 24, 2006 A Regular Meeting of the Planning & Zoning Board was held on May 24, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. All persons giving testimony were sworn in by Anthony Garganese, City Attorney. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1st Alternate OTHERS PRESENT Susan Chapman Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro Tem NEW BUSINESS: Approval of Meeting Minutes: May 10, 2006. Motion by Harry Pearson, seconded by Donald Dunn, to approve the meeting minutes of May 10, 2006. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Final Replat of Beroia Palms Townhomes - Replat of Lot 7. Block 70. Avon by the Sea Subdivision - (223 & 225 Lincoln Avenue) - Ron Wallen, Applicant. John Johanson declared a conflict of interest. Todd Peetz, City Planner, gave an overview of the Final Replat and verified all requirements were met. He verified that the lots were conforming townhouse lots in the R-2 zoning district. Discussion was held regarding: minimum lot widths, setbacks, easements, firewalls, stormwater, and building color. Ron Wallen, Applicant, advised that the project was 98% completed. Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of the Final Replat of Beroja Palms Townhomes. Vote on the motion carried unanimously. OPEN DISCUSSION Lamar Russell advised that he was not at the last meeting and asked for clarification of the proposed changes to the hotel/motel code. Anthony Garganese, City Attorney, explained the changes and read Section 110-122. Discussion followed regarding the Certificate of Occupancy that was issued to the Residence Inn. Lamar Russell explained the intent of the code section. He used the example that if a hotel had 300 units, the initial certificate of occupancy would need to be issued for a minimum of 150 units. Planning & Zoning Board Meeting Minutes May 24, 2006 Page 2 There being no further business, the meeting was adjourned at 8:00 p.m. "Yea McNeely, Chairperg'ofi L_ Susan L. Chapman, Secretary PLANNING & ZONING BOARD MEETING MINUTES APRIL 26, 2006 A Regular Meeting of the Planning & Zoning Board was held on April 26, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:33 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson OTHERS PRESENT Duree Alexander Todd Peetz Anthony Garganese Robert Hoog Leo Nicholas Chairperson Vice Chairperson 1st Alternate Acting Recording Secretary City Planner City Attorney Mayor Pro Tem Council Member All persons giving testimony were sworn in by Anthony Garganese, City Attorney. NEW BUSINESS: Approval of Meeting Minutes: April 12 2006 Motion by Donald Dunn, seconded by Lamar Russell, to approve the meeting minutes of April 12, 2006, as presented. Vote on the motion carried unanimously. John Johanson informed the Board that he had submitted a form 813, Memorandum of Voting Conflict with the City Clerk regarding agenda item #4, recommendation to City Council regarding request for extension of Beachside Townhomes. 2. Recommendation to the Board of Adiustment Re: Special Exception Request No. 06-03 to Allow Outside Storage in the M-1 Zoning District (400 Imperial Boulevard), Section 15, Townshio 24S. Range 37E Parcel 814 - Arthur Berger Designated Agent. Todd Peetz, City Planner, gave an overview of the request. He testified that the applicant was requesting a Special Exception to allow outside storage of boats, RV's and trailers in the (M-1), Light Manufacturing and Research & Development District and that the use was consistent and compatible with the adjacent properties. He pointed out to the board on the concept drawing where the outside storage would be located and explained that there would be eleven RV parking spaces with thirty-two vehicle parking spaces; there is a proposed office building; proposed mini storage facility and another building, the use of which is to be determine at a later date. He stated that the board was only considering the request for the Special Exception. He outlined the current existing surrounding uses, and noted that the proposed concept plan appears to sufficiently buffer the residential uses from the subject site and that the buffering will be Planning & Zoning Board Meeting Minutes April 26, 2006 Page 2 further evaluated during site plan review. In addition, the proposed Special Exception would not appear to create additional noise, light, vibration, traffic, utility requirements, or storm water runoff that would adversely impact the adjacent residential homes. Brief discussion followed regarding the location of the property and access to the property. Arthur Berger, Designated Agent, stated that a larger site plan is available with a tree overlay and numerous photos of the property. Chairperson McNeely questioned which document showed the storage. Mr. Berger explained that the conceptual drawing and the new site plan displayed the two-story, 30,000 square -foot office facility; the long slender building was the two-story mini storage building and identified where the outside storage would be located. The board members informed the applicant that the official record must be accurately marked showing the outside storage. Todd Peetz, City Planner informed the board that with the inclusion of the future building facilities, the total number of vehicle parking spaces would be increased to fifty-two spaces arid eleven RV parking spaces. The board members agreed that this should be reflected on future plans. Chairperson McNeely expressed concerns regarding outside storage and requested a specific list of the items that would be stored on the property. She suggested the following conditions: 1. Parking spaces shall be clearly marked, 2. Outside storage shall be limited to licensed vehicles only, (i.e. RV's, boats, camper, trailers) 3. No maintenance of the vehicles shall be allowed on property, and 4. All requirements of the zoning district shall be met and shown on the site plan Mr. Berger stated that the building will have 24-hour security and storage will be restricted to licensed vehicles; there will be no storage of construction debris, miscellaneous items, or other materials. A discussion was held regarding screening of the outside storage. The applicant informed the board that there would be a chain link fence with a vegetative buffer. The board members stated concerns regarding the application, which seemed to address requests with existing structures located on the property and this particular request was for vacant property. The board reviewed each item on the application with the applicant. The board members stated concerns regarding item #2 on the application which referred to numerous small tanks of propane being stored on the property. Chairperson McNeely stated that the fire department had addressed this issue in a staff memo provided and indicated that there were no comments at this time. Vice Chairperson Russell stated that this issue should be re -directed back to the fire department with the board's concerns 2 Planning & Zoning Board Meeting Minutes April 26, 2006 Page 2 regarding the storage of hazardous materials. Motion by John Fredrickson, seconded by Donald Dunn to recommend approval of the Special Exception request with the following conditions: 1. Parking spaces shall be clearly marked, 2. Outside storage shall be limited to licensed vehicles only, (i.e. RV's, boats, camper, trailers) 3. No maintenance of the vehicles shall be allowed on property, and 4. All requirements of the zoning district shall be met and shown on site plan. Vote on the motion carried unanimously. 3. Recommendation to the City Council Re: Site Plan Approval for the City Maintenance Building, 601 Thurm Boulevard - Ed Gardulski Public Works Director. Todd Peetz, City Planner, gave an overview of the request. He advised that this request was for two maintenance buildings, which will be replacing five storage sheds at the Public Works facility. The sheds being removed total approximately 1,100 square feet, The new buildings will total 11,000 square feet of storage area. The buildings will be constructed in two phases. Phase I proposes to construct a 9,600 square foot maintenance building. Phase II proposes to construct a 1,500 square foot maintenance building. The purpose of the maintenance buildings is for storage. The proposed development will enhance the Public Works facility and will have no significant negative impact on public services. Ed Gardulski, Public Works Director, testified that this is a project they have been working on for a number of years. There are numerous items that are presently being stored outside, which need to be placed in an enclosed storage building. He stated that the structures would meet all City codes on placement and wind load requirements. He invited the board members to the Public Works open house, which will be held the third week of May. Chairperson McNeely questioned whether the buildings would be located in the storm water drainage area. Mr. Gardulski responded that the water is routed through a storm water treatment device which cleans up the water before it reaches the pond. This is part of a pilot program which, with sufficient rain fall, some of the storm water is diverted through the treatment facility to generate more re -use water. Motion by John Fredrickson, seconded by Donald Dunn to recommend approval of the City maintenance buildings. Vote on the motion carried unanimously. i<1 Planning & Zoning Board Meeting Minutes April 26, 2006 Page 2 4. Recommendation to the City Council Re: Reguest for Extension of Beachside Townhomes, 2nd Addition, Preliminary Replat, Replat of Lot 13 Block 5 Avon by the Sea Subdivision - Preliminary Replat - John Johanson Applicant Todd Peetz, City Planner, gave an.overview of the request. He testified that Beachside Townhomes received a preliminary plan approval from the City Council on November 15th, 2005 and this request was a for a six-month extension. John Johanson testified that he is currently expecting to receive the Certificates of Occupancy for the townhomes next door and that the hurricane season delayed the - progress of his current project. He respectfully requested _ _ - -- -- - replat on lot 13, Block 5, Avon by the Sea. Motion by John Fredrickson, seconded by Donald Dunn to approve the request for a six- month extension of the Preliminary Replat for Beachside Townhomes. Vote on the motion carried unanimously. 5. Recommendation to the City Council Re: Proposed Ordinance Regarding Preliminary Plat Approval through City Council - Anthony Garganese, City Attorney. City Attorney Garganese stated that this ordinance is a proposed change to the land development code Section 98-46 and 98-47. This change provides for a specific time- line of when the preliminary replat recommendations from the Planning and Zoning Board are to be presented to City Council. Motion by Donald Dunn, seconded by Lamar Russell to recommend approval of the proposed ordinance regarding preliminary plat approval through City Council. Vote on the motion carried unanimously. OPEN DISCUSSION None ADJOURNMENT There being no further business, the meeting was adjourned at 8:30 p.m. ea McN ely, hairpers uhee Ale nder for Susan L. Chapman, Secretary 4 PLANNING & ZONING BOARD MEETING MINUTES APRIL 12, 2006 A Regular Meeting of the Planning & Zoning Board was held on April 12, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. All persons giving testimony were sworn in by Anthony Garganese, City Attorney. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1 st Alternate OTHERS PRESENT Duree Alexander Recording Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoag Mayor Pro Tem Leo Nicholas Council Member NEW BUSINESS: 1. Approval of Meeting Minutes: March 8, 2006. Motion by Harry Pearson, seconded by Donald Dunn, to approve the meeting minutes of March 8, 2006, as corrected. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Site Plan Approval for Atlantic Animal Clinic Block 36 Lots 1 2 9 & 10 Avon by the Sea Subdivision, (Property located between Tyler and Harrison Avenues) - Allen Engineering, Applicant. Todd Peetz, City Planner, gave an overview of the request. He advised that the business is relocating one block north of its current location, between Tyler and Harrison Avenues on A1A. He outlined the current existing surrounding uses, and noted that this project was recently granted a special exception. Discussion followed regarding the location of an existing specimen tree. He explained that the project was short one required parking space. If they are allowed to remove the specimen tree, they will have sufficient parking. The Board members reviewed and discussed the submitted landscape plan. Mr. Peetz commented that the property owner has displayed an excellent effort to save the existing trees. John Allen, Applicant, and Kristine Storts, Property Owner, answered the Board members questions regarding the proposed drainage filtration system, and pick-up of hazardous waste. Chairperson McNeely commented that this project will be an asset to the community. Motion by Lamar Russell, seconded by John Fredrickson, to recommend approval of the site plan for Atlantic Animal Clinic. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes April 12, 2006 Page 2 3. Discussion Re: Coastal High Hazard Committee Final Report - Todd Peetz. Ci Planner. Todd Peetz, City Planner, gave a thorough overview of the Coastal High Hazard Committee Final Report. Discussion followed. OPEN DISCUSSION Discussion was held regarding ex -parte communications. He cautioned the Board members regarding trespassing on private property, speaking with applicants and property owner, and receiving information outside the public meeting. There being no further business, the meeting was adjourned at 8:30 p.m. Bea McNeely, Chairperson Susan L. C , Secr tary FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS CAST NAME -FIRST NAME -MIDDLE NAME] NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE TOkwK o_ -L �al7 p/e-✓t.Aj .2n -7J1 Fpr, rC1 MAILING ADDRESS THE BOARD. COUNCIL; COMMISSION, AUTHORITY OR COmmrr EE ON 3 10 y r da r•� S. WHICH I SERVE IS A UNIT OF: CITY COUNTY CITY 0 COUNTY O OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: �� � ifa f if -1 Y�� r F� DATE ON ICH VO OCCURRED MY POSITION IS: q1 a O O 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 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 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 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 to 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 officer' ,-- mother-in-law, son4n-law, and daughter-in-law. A "business associate" means any personInr-carg4ng-or h%w enterprise with the officer as a partner, joint venturer, coowner of property, or corporatE P P 11 P de w4vilimorpolm-- are not listed on any national or regional stock exchange).- ELECTED xchange). 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. f • t • ! • 4 R • • f 4 • R 4 f 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: I You must complete and file this foul (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incoroorate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 112000 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 6 hereby disclose that on 19 (1:',r �c , 20 0,6-: (a) A measure came or will come before my agency which (check one) inured 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 _, which 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: New lrferu # q Re c 0 MOA 40ti n Ct,. a •^ d C.` � � G c+v/t �/ ,!ter cid e en - ---'-f `k ,-,f ,Z b Lo6 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 88 - EFF. 112000 PAGE 2 PLANNING & ZONING BOARD MEETING MINUTES MARCH 8, 2006 A Regular Meeting of the Planning & Zoning Board was held on March 8, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. All persons giving testimony were sworn in by Anthony Garganese, City Attorney. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1 st Alternate OTHERS PRESENT Susan Chapman Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro Tem NEW BUSINESS: 1. Approval of Meeting Minutes: February 22, 2006. Motion by Harry Pearson, seconded by Donald Dunn to approve the meeting minutes of February 22, 2006, as corrected. Vote on the motion carried unanimously. 2. Recommendation to the Board of Adiustment: Special Exception Reauest No. 06-01 to Allow Residential Use in the C-1 Zoning District, Section 14, Township 24 South Range 37 East, Lot D. Part of Lots A & C and Part of Tract A. CM Weston Subdivision. (8817 N. Atlantic Avenue) - Allen Engineering Inc.. Designated Agent for Don W. Applegate, Petitioner. Todd Peetz, City Planner, advised that the property is the existing South Gate Mobile Home Park, which is located South of Portside Villas, North of Sea Spray Condominiums, and industrial to the West; there are 93 to 95 existing mobile homes on the site; the Petitioner is proposing to construct 102 condominium units; and the property is zoned C-1. He advised that a traffic study will be required. Anthony Garganese, City Attorney, questioned the applicant if the owner had notified the residents of the mobile home park, per Florida Statute requirements. He noted a recent Florida Supreme Court Case and asked if the Board would consider tabling the item until he could read the Florida Statute and court case regarding the notification requirement. Scott Wiederman, the Petitioner's Attorney, responded that he did not believe notification was required at this point of the process. He assured that the required notices would be mailed to the residents at the appropriate time. Motion by Lamar Russell, seconded by Harry Pearson, to table this Special Exception Request temporarily. Vote on the motion carried unanimously. The Board went on to the next agenda item. Planning & Zoning Board Meeting Minutes March 8, 2006 Page 2 After the Board completed the action on the next agenda item a motion was made by Lamar Russell, seconded by Bea McNeely, to remove Special Exception Request No. 06-01 from the table. Vote on the motion carried unanimously. Anthony Garganese, City Attorney, advised that it was appropriate for the Board to proceed with the Special Exception request at this time. He verified that notification requirements are not required at this point in the process for change of property use. Donald Dunn advised that he was not satisfied with the answers made by the applicant on the submitted application. He voiced his concern regarding the proposed ingress and egress on Anchorage Avenue and the traffic going onto N. Atlantic Avenue; there is also no deceleration lane or any turning lane proposed for those who turn right going south. He further voiced his concern that none of the residents were invited to voice their views regarding the request to change the use of the property from a trailer park to multi -family condominiums. John Allen, Designated Agent, responded that all the answers to the questions on the application are "yes". He advised that the use of the road is needed to reduce the traffic on N. Atlantic Avenue, and there is an agreement to use the road. Harry Pearson commented that the applicant should not refer to the submitted drawings to answer the questions on the special exception worksheet. John Johanson questioned if the fire department's comments were addressed. John Allen responded that they will loop two of the streets to meet the fire department's requirement. He advised that they realize that there are many hurdles after the use is approved. He affirmed that every concern on the submitted preliminary site plan would be addressed during the site plan review process. He submitted a proposed site plan layout (Exhibit A). Discussion followed. Shannon Roberts, Business and Cultural Development Board member, stated for the record, that the Planning & Zoning Board should not recommend granting this request in the spirit of research being performed by the Business and Cultural Development Board, along with their recommendation that special exceptions for residential use in commercial be denied. She added that the existing trailer parks are a part of the City's heritage. David Langstrom, Villages of Seaport, questioned if this project would increase the existing traffic congestion on N. Atlantic Avenue. Todd Peetz, City Planner, responded that there would be 10 to 12 additional units. Discussion followed regarding the increase of traffic on N. Atlantic and Anchorage Avenues. John Allen advised that as soon as the power poles are moved, N. Atlantic Avenue was scheduled to be widened to accommodate the existing traffic congestion. Discussion continued. Motion by John Fredrickson, seconded by Bea McNeely, to recommend approval of Special Exception Request No. 06-01. Vote on the motion was as follows: Donald Dunn, against; John Fredrickson, for; Bea McNeely, for; Harry Pearson, against; Lamar Russell, against. John Allen asked the Board members for the rationale of the negative vote. Planning & Zoning Board Meeting Minutes March 8, 2006 Page 3 Donald Dunn advised that his reasons to vote against this request were as follows: Many questions on the application were not answered; he has some doubts regarding the ingress and egress on Anchorage Avenue, and the residents getting out onto N. Atlantic Avenue; and none of the residents were invited to voice their views about this request to change the use of the property from a trailer park to multi -family condominiums. Lamar Russell advised that his reasons to vote against this request were as follows: Waiting on this development would give the City a chance to get ahead of the traffic increase by reconstructing N. Atlantic Avenue; the City needs to address the constant uncertainty of whether or not a residential special exception will be granted (a speculation, not a vested right) by eliminating the residential special exception in the commercial zone, this constant flow of special exception requests would then stop. If different zoning is desired, then the applicant would then be requesting a straight forward zoning change. Harry Pearson commented that he agreed. He added that residential would be a good use for this property, but should go through the rezoning process. Bea McNeely advised that her reasons to vote for this request were as follows: The property already has an existing residential use and the request would add only a few additional units; the requested residential use is compatible with the surrounding residential area; the Petitioner presented a well thought out concept; the property already has access to N. Atlantic Avenue; the access concern by fire trucks were addressed by adding a looped road. She questioned why the applicant should do a time consuming and expensive rezoning process when the mechanism for a special exception is allowed by the City code for the same thing. John Johanson, alternate Board member, commented that the residential use already exists; the Petitioner is not asking to increase only a small number of units than what is existing; the project engineer is trying to minimize traffic on N. Atlantic Avenue by utilizing Anchorage Avenue. He questioned if the members who voted against this request would approve the use by the applicant rezoning the property, then why do they not consider this a good project today; special exceptions for residential use in the commercial zone has been allowed by the'City Code for 20 years. John Fredrickson inquired if the Special Exception to construct condominiums to replace the existing Oak Manor Trailer Park was approved. Todd Peetz, City Planner, responded that the request was approved approximately five months ago. Lamar Russell stated that he has stopped granting special exceptions for residential use. Discussion followed regarding traffic on N. Atlantic Avenue. John Allen reiterated that N. Atlantic Avenue will be widened when the power poles are moved. Councilman Hoog advised that City Council approved a $95,000 engineering study from George King Boulevard to Central Boulevard. Planning & Zoning Board Meeting Minutes March 8, 2005 Page 4 3. Recommendation to the Board of Adiustment: Special Exception Request No. 06-02 to Allow Residential Use in the C-1 Zoning District, Section 23, Township 24 South, Range 37 East, Lots 4-8, Block 1, Avon by the Sea Subdivision - (Washington Avenue) - Ken Wilson, Designated Agent for L. Joyce Carlton, Petitioner. Todd Peetz, City Planner, gave an overview of the request. He advised that the property is located on the southwest corner of Poinsetta and Washington Avenues, and surrounded by residential. He explained that the Petitioner was proposing to construct eight townhouse units in one building, but the length of the building exceeds the maximum length allowed by code, therefore, only seven units could be constructed. The Board members reviewed the submitted preliminary site plan. Ken Wilson, Designated Agent for the Petitioner, discussed the setback requirements. He stated that he was not aware of the 185 ft. maximum length requirement. Todd Peetz explained that he needs to reduce the length by 31 ft. He advised that the project is compatible with surrounding uses; the property will be nicely landscaped; commercial would not be compatible with the surrounding uses; he has performed a tree survey; the property has one 27 Oak tree that may need to be removed; the project will have a Homeowners Association; the project is townhomes, not condominiums. He verified that he wants the Special Exception to run with the property. Bea McNeely, Chairperson, suggested that the front entrances be placed closer to the street to make the project look nicer. Shannon Roberts, Business and Cultural Development Board Member, questioned if the surrounding residents were notified of this Request. The Board Secretary verified that proper notices were sent in compliance with the City Code. Ms. Roberts asked if the City is still approving Special Exceptions in the C-1 zoning district. Lamar Russell clarified that this request is for residential use in the C-1 zoning district. He stated that it is time to stop granting Special Exceptions for residential in commercial. He advised that if a property wants residential in commercial then they should rezone. Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of Special Exception Request No. 06-02 to the Board of Adjustment. Vote on the Motion was as follows: Donald Dunn, for; John Fredrickson, for, Bea McNeely, for; Harry Pearson, for; and Lamar Russell, against. Motion passed 4 to 1 vote. 4. Discussion Re: Evaluation and Appraisal Resort Process - Todd Peetz. City Planner. Todd Peetz, City Planner, provided a time line and proposed process for community involvement for the Evaluation and Appraisal Report (EAR). Planning & Zoning Board Meeting Minutes March 8, 2006 Page 5 The timeline outlined three workshops that would have an informal set-up. The key plan elements would be set-up and arranged in different parts of the room. It would be an open door format from 5:00 to 8:00 p.m. where people could provide input at each station. They would be asked to provide three to five things they like about the issue at hand and three to five things they least liked about the issue. Then they would move on to the next topic and provide input. The various volunteer City Boards were encouraged to be made aware of the meetings so they could provide input and have questions that they would like to get feedback on. The schedule discussed was as follows: 1st workshop - May 2006 - Community Information Gathering 2nd workshop - September/October 2006 - Provide then and now data (1999- 2006) 3rd workshop - January/February 2007 - Provide draft of proposed changes for public comment and feedback. March/April 2007 - P & Z approval June/July 2007 - City Council approval August 2007 - EAR due to DCA There being no further business, the meeting was adjourned at 9:57p.m. I Bea McNeely, Chairperson L Susan L. Chap ecre ary SUSAN, THE REASONS THAT I VOTED AGAINST SPECIAL EXCEPTION 06-01 ARE: 1. MANY QUESTIONS ON THE APPLICANT'S FORMS WERE NOT ANSWERED. 2. I HAVE SOME DOUBTS REGARDING THE INGRESS AND EGRESS ON THE ROAD THAT LEADS TO NORTH ATLANTIC. 3. NONE OF THE RESIDENTS WERE INVITED TO VOICE THEIR VIEWS ABOUT THIS REQUEST TO CHANGE THE USE OF THE PROPERTY FROM A TRAILER PARK TO MULTIFAMILY CONDOS. HILDA WILL BRING THE ZIP DRIVE TO YOUR OFFICE TOMORROW. DON D s u s A- /\/ MA - ^d THIS IS A REVISION! ! THIS IS A REVISION! ! SUSAN, THE REASONS THAT I VOTED AGAINST SPECIAL EXCEPTION 06-01 ARE: 1. MANY QUESTIONS ON THE APPLICANT'S FORMS WERE NOT ANSWERED. REFERRING TO A DRAWING IS NOT AN ANSWER TO A QUESTION. 2. I HAVE SOME DOUBTS REGARDING THE INGRESS AND EGRESS ON THE ROAD THAT LEADS TO NORTH ATLANTIC. ALSO OF CONCERN IS GETTING OUT ON TO NORTH ATLANTIC. THERE IS NO DECELERATION LANE NOR IS THERE ANY RUN UP LANE FOR THOSE WHO TURN RIGHT GOING SOUTH. THE APPLICANT DID NOT PROVIDE ANY EVIDENCE THAT THERE IS ANY AGREEMENT FOR THE USE OF THE SIDE ROAD. 3. NONE OF THE RESIDENTS WERE INVITED TO VOICE THEIR VIEWS ABOUT THIS REQUEST TO CHANGE THE USE OF THE PROPERTY FROM A TRAILER PARK TO MULTIFAMILY CONDOS. HILDA WILL BRING THE ZIP DRIVE TO YOUR OFFICE TOMORROW. REGARDING THE MINUTES OF 22 FEB 06: PAGE 3 ITEM 6 AFTER THE THIRD PARAGRAPHED THE FOLLOWING: "BOARD MEMBER DONALD DUNN STATED HIS POSITION THAT ALL SPECIAL EXCEPTIONS FOR A RESIDENTIAL USE CHANGE IN A COMMERCIAL ZONED PARCEL LOCATED ON A I A SHOULD BE ELIMINATED. FURTHER ANY APPLICANT DESIRING TO BUILD A RESIDENCE DWELLING OR DWELLINGS OF ANY TYPE SHOULD HAVE TO GO THROUGH THE REZONING PROCESS." DON D ,/, , ,,,u D,4",j Pagel of 2 Susan Chapman From: Planning4u2@aol.com Sent: Wednesday, March 08, 2006 11:59 PM To: morley-cape@cfl.rr.com; chapman-cape@cfl.rr.com Subject: P&Z Meeting March 8, 2006 Review Team, The following actions were taken at the March 8th 2006 P&Z meeting 1. Approval of meeting minutes 2/22/06 - approved with minor changes. 2. Special Exception request 06-01 Residential in Commercial Southgate Condominiums - There was preliminary discussion, being a mobile home park there was concern that the P&Z Board may not be able to take action in light of a recent court case. The item was tabled until the attorney could review the recent case. After the discussion on special exception 06-02, the discussion resumed on special exception 06-01. The attorney determined the P&Z board could act on the item that evening. There was a great deal of discussion over the proposed concept plan. Several concerns were raised by the way the applicant answered their questions on the application. Traffic, access, notification, not completely satisfied with answers provided on their application and the desire for rezoning versus special exceptions were listed as reasons to deny the application. The special exception was denied 3-2 with McNeely and Fredrickson voting in favor citing compatibility with properties north and south. 3. Special Exception request 06-02 Residential in Commercial Ken Wilson on Washington Ave. The special ,nom exception was approved there was a discrepancy on the concept drawing portraying 8 units with a building 216 l feet wide. The code allows a maximum building length of 185 feet. The special exception was approved 4-1 with Russell voting against citing that he believed all future special exceptions for residential should be a rezoning. 4. Discussion the EAR process Mr. Peetz provided a time line and proposed process for community involvement for the EAR. The timeline outlined 3 workshops that would have an informal setup. Key plan elements would be setup and arranged in different parts of the room. An open door format from 5-8 pm where people could provide input at each station. They would be asked to provide 3-5 things they like about the issue at hand and 3-5 things they Ieast liked about the issue. They would move onto the next topic and provide input. The various volunteer boards should also be made aware of the meetings and provide input or have questions they would like to get some feedback on. I will provide more detail in a future memo. The schedule that was discussed was the following: 1st workshop in May 2006 Community Info gathering 2nd workshop in Spetmeber/October'06 provide then and now data 1999-2006. 3rd workshop in January/ February '07 Provide draft of proposed changes for public comment/feedback. March/April'07 P&Z approval June/July '07 Council approval August 2007 EAR Due to DCA The meeting adjourned at 9:55 pm '"These are only rough notes and are not to be construed as the official minutes of the meeting. 03/09/2006 Page 2 of 2 If you have any questions, let me know. Sincerely, Todd Peetz City Planner -*Todd or Susan please distribute to the rest of the review team, my home computer doesn't have the full list that I normally send to, thank you for your help. 03/09/2006 PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 22, 2006 A Regular Meeting of the Planning & Zoning Board was held on February 22, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. John Johanson stated for the record that he submitted a form to the Board Secretary declaring a conflict of interest on agended items 2 and 7. He advised that he would not participate in discussion or motions regarding those items. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson OTHERS PRESENT Susan Chapman Todd Peetz Kate Latorre Robert Hoog NEW BUSINESS: Chairperson Vice Chairperson 1 st Alternate Secretary City Planner Assistant City Attorney Mayor Pro Tem 1. Approval of Meeting Minutes: February 8, 2006. Motion by Lamar Russell, seconded by Donald Dunn to approve the meeting minutes of February 8, 2006, as corrected. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Preliminary Replat of Villagio Del Mar - Block 6 Lots 1 & 2, Avon by the Sea. (Washington Avenue) - Ronald Wallen, Applicant. Todd Peetz, City Planner, made a few corrections to his written report. He advised that this request was for a preliminary replat; the property is located on the south side of Washington Avenue, on .3 acres; the developer is proposing to replat two existing lots into three townhouse lots; the property is surrounded by multi -family residential; the property is zoned R-3. He gave an overview of the lot dimensions. He noted that the Public Works Director has requested all existing easements to be vacated. David Welsch, Developer, advised that the development will be developed similar to the surrounding structures; he also owns the vacant lot to the south, but not the lot to the east; he is proposing to construct three townhouse units on lots 1 & 2. Ronald Wallen, Applicant, verified that there are no existing easements. He referred to note #7 on the submitted plat. Brief discussion followed. Planning & Zoning Board Meeting Minutes February 22, 2006 Page 2 Motion by Chairperson McNeely, seconded by Harry Pearson, to recommend approval of the Preliminary Replat of Villagio Del Mar. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: C-1 Moratorium Ordinance for Residential Special Exceptions (R-2) on Al - Kate Latorre, Assistant City Attorney. Kate Latorre, Assistant City Attorney, advised that this proposed ordinance extends the current moratorium date to September 30, 2006. Lamar Russell, Vice Chairperson, advised that this time extension allows the Business and Cultural Development Board to perform their study. Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of the proposed Ordinance to extend the time of the moratorium, as presented. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Transportation Access Management Ordinance - Todd Peetz, City Planner. Todd Peetz, City Planner, advised that this Ordinance was a result of the Transportation Access Study Report. The Board members reviewed the draft Ordinance. Todd Peetz read and explained new code Sections 110-600 through 110-604. Discussion was held regarding: service connection roads, and the maintenance responsibility of them. Lamar Russell, Vice Chairperson, suggested that maintenance standards be established and added to the proposed Ordinance. The Board further discussed creating distance requirements from the main roads. Review and discussion continued regarding deceleration lanes and turning lanes. The Board further suggested that enforcement provisions be established. Todd Peetz offered to research other City's codes as to how they enforce similar ordinances. Motion by Lamar Russell, seconded by Donald Dunn, to postpone this agenda item until the next meeting to allow staff and the Board time to work on the proposed Ordinance. Vote on the motion carried unanimously. 5. Recommendation to City Council Re: Changes to Chapter 110, Sections 87-108 - Todd Peetz, City Planner. Kate Latorre, Assistant City Attorney, gave an overview of the proposed Ordinance. She advised that the Ordinance is a verbatim of the language provided by the Building Official. Brief discussion followed. Motion by Lamar Russell, seconded by John Fredrickson to recommend approval of the proposed Ordinance, as presented. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes February 22, 2006 Page 3 6. Discussion Re: Residential Use in the C-1 Zoning District - Todd Peetz, City Planner. Todd Peetz, City Planner, advised that this agenda item is a result of a City Council workshop held on January 31, 2006. He explained that if the City were to discontinue special exceptions in commercial, there are a number of properties that will be impacted; the idea of the conversation with City Council is to understand some of those impacts and how the City should address them; some of the comments were to administratively rezone existing residential uses in the C-1 zoning district to residential; and to look at a mixed-use district along the presidential streets where residential may be appropriate. Chairperson McNeely explained that if the applicant met certain criteria then they were entitled to the special exception. She suggested that additional criteria be added, such as: maximum 10 units per acre, increase square footage, and increase minimum lot sizes. She reviewed suggestions for added criteria that were suggested by Todd Peetz. Vice Chairperson Russell advised that the definition of mixed-use would need to be redefined. Discussion was held regarding density; possibility of creating a new zoning district; and rezoning certain properties where there currently exist residential uses in the C-1 zoning district. The Board members reviewed City maps provided by Todd Peetz depicting the existing uses. Donald Dunn voiced his opinion the special exceptions for residential use along A1A should be eliminated. He advised that if a property owner wants to develop his property from commercial to residential then he should need to go through the rezoning process. John Fredrickson commented that there are some deep lots zoned C-1 that are not conducive to commercial use. Further discussion was held regarding the character of N. Atlantic Avenue being changed as a result of granted special exceptions for residential use and therefore, N. Atlantic Avenue is no longer considered a commercial district; defining more restrictive criteria for compatibility and transition zones; extend buffering and setback criteria between commercial and residential adjacent uses; allowing residential in commercial not by special exception but, as a permissible use by meeting certain criteria. Councilman Robert Hoog advised that the problem is not criteria. He advised that the City allows R-2 in C-1 by special exception. He pointed out that some developments are built 5 to 6 units per acre. He voiced his opinion that the problem is that residents do not like the commercial uses next door to where they live because, the commercial uses are infringing on their privacy. He advised that if someone wants to build residential and the commercial zone, they should need to go through the rezoning and a Comprehensive Plan change. He commented that special exceptions are not good for the City and should not be allowed. He explained that if a business is allowed in the C-1 zone, they have every right to be there. He voiced his opinion that the City is wrong in allowing residential next to commercial. He suggested that there should be a 300 ft. setback requirement on Al before allowing residential. Following discussion, by consensus of the Board members, this agenda item should not be placed on the next agenda. The Board may revisit this issue in the future. Planning & Zoning Board Meeting Minutes February 22, 2006 Page 4 7. Discussion Re: Changing C-1 Zoning to R-1 Zoning on Lots 2 & 3. Harbor Heights West Subdivision - Todd Peetz, City Planner. Todd Peetz, City Planner, gave an overview of the Board of Adjustment meeting where the Board postponed the Special Exception request until March 13th to allow the property owner time to work with the City to possibly allow the City to purchase the property. Joe Ross, 227 Coral Drive, advised that City code Section 110-331, is intended for commercial uses to be located on major arterial streets. He commented that Sea Shell Lane did not meet that requirement. He read portions of the Planning & Zoning Board Minutes of May 22, 2002, regarding Special Exception Request No. 02-07; and Planning & Zoning Board Minutes of January 26, 2006, regarding Special Exception Request No. 05-15. He noted that 12 residents spoke to the Board about their concerns. He read the Board's motion recommending denial of the Special Exception. He gave his 50 year vision of the City, where the South end and North end of the City would be parking lots with busses running in between them to pick up and drop off residents because of the traffic situation. Judith Lau, 211 Coral Drive, advised that the property was in litigation for 10 years. She questioned if multi -family belongs in a single family residential neighborhood. She suggested that the City do what's right and rezone the property to R-1. She commented that some residents choose not to live in a multi -family neighborhood. Following discussion, the Board determined that the Board of Adjustment and City Council should first make their decisions to work with the property owner. Motion by Chairperson McNeely, seconded by Donald Dunn, that this item not be placed on the next agenda because the Board has already made its recommendation regarding this property. Vote on the motion carried unanimously. OPEN DISCUSSION John Fredrickson asked what happened with the issue on short-term rentals. Kate Latorre, Assistant City Attorney, responded that the City Attorney is working on a draft Ordinance. Donald Dunn inquired as to the status of a new City Hall. Councilman Hoog responded that the City Manager was directed by City Council to make an offer on the Stottler Stagg building for the Sheriff to move into. Then the Annex building could be renovated for the new City Hall. There being no further business, the meeting was adjourned at 10:00 p.m. `Bea McNeely, Chairper n ex— Susan L. Chapma cre ry FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME -FIRST NAME—MSI DFE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMnIEE J olita I RST �+ `Joh•, �vf e,✓ia s F'I'c�wa �.n o.si d 2a✓�•.�c pear MAILING ADDRESS THE BOARD. COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON l c) hil-1 a wl s A V WHICH I SERVE IS A UNIT OR CITY O COUNTY O osP Gq.�or tl er.a �f . CITY COUNTY e Q v ----,r CS NAME OF POLITICAL SUBDNISEON: ON ICH VOTY OCCURRED 72 DES MY POSITION IS: O 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 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 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 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 to 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 officer's 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 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 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 SB - EFF. 112000 PAGE 7 APPOINTED OFFICERS (continued) • 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 L JD 4 "*— -J D u42 rt X0 hereby disclose that on �2 -;:z F�eb- 20 0 : (a) A measure came or will come before my agency which (check one) inured 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 whom I am retained; or by inured to the special gain or loss of which 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: �eW l�v�� VSs +r.4N 4:k ;2,l Re�lf� i3fa�� b, My 5 -55—A . V y --� dl Date Filed eka? er+r m&4.J..t e.'-. S1909ture 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 8B - EFF. 112000 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS J4ST N ME -FIRST NAME -MIDDLE NAME E OF BOARD, COUNCIL, COMMISSION. ALAIHORITY, OR COMMITTEE �a YA -a Jl tf,/t MAILING ADDRESS n THE BOARD, COU L, COMMISSION, AUTHORITY OR COMMITTEE ON 3 1 b g s�^ S �7 I✓ e. WHICH 1 SERVE IS A UNIT OF: CRY O COUNTY 0 OTHER LOCAL AGENCY CITY Ce,xpe eaµo&,e'r4cJ �' COU r ✓ f NAME OF POLITICAL SUBDIVISION: DATE ON ICH VO OCCURRED j MY POS MON IS: O ELECTIVE APPOINTIVE WHO MUST FILE FORM 88 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 tyres to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- ;ure 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 to 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 officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son4n-law, and daughter4n-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 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 any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. .0 YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE 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) • 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 hereby disclose that on ;2 2 � 20 d6 ; (a))AA measure came or will come before my agency which (check one) y inured 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 1 am retained; or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. RN (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: New (`3,� 5 ` vt e S s .�� e d'. 47,1 Z v n: ^5q t�a^ y e Ha,cr�or 91A4 -r LTJ) �2 Date Filed Sign ure 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 8B - EFF. 112000 PAGE 2 PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 8, 2006 A Regular Meeting of the Planning & Zoning Board was held on February 8, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson OTHERS PRESENT Duree Alexander Todd Peetz Anthony Garganese Robert Hoog Leo Nicholas Bennett Boucher Earl McMillin Catherine Barnes Chairperson Vice Chairperson 1 st Alternate Recording Secretary City Planner City Attorney Mayor Pro Tem Council Member City Manager Board of Adjustment Chairperson Board of Adjustment Member Chairperson McNeely introduced and welcomed John Johanson to the Board as a new member. NEW BUSINESS: Approval of Meeting Minutes: January 25, 2006. The Board members complimented the Board Secretary on the writing of the minutes. Motion by John Fredrickson, seconded by Donald Dunn to approve the meeting minutes of January 25, 2006. Vote on the motion carried unanimously. 2. Discussion Re Changing C-1 Zoning to R-1 Zoning on Lots 2 & 3, Harbor Heights West Subdivision. Chairperson McNeely asked for competent substantial evidence as opposed to opinions. Todd Peetz, City Planner, explained that Lamar Russell had asked that this item be placed on the agenda regarding rezoning Lots 2 & 3, Harbor Heights West Subdivision. He advised that the special exception for this property was discussed at the last meeting. He gave an overview of the contents of the Board packet regarding this agenda item. He advised that since the last meeting, the property owner has met with the City staff regarding developing a four story, 45 ft. high office building, with approximately 11,000 sq. ft. of usable office space. Anthony Garganese, City Attorney, advised the under Florida law, Mr. Johanson was required to declare a voting conflict of interest because he was one of the property owners. He strongly suggested that Mr. Johanson also abstain from trying to influence the Board during discussion. Mr. Johanson stated for the record that he is partial owner of the property and agreed to abstain from voting and the discussion. Planning & Zoning Board Meeting Minutes February 8, 2006 Page 2 Chairperson McNeely gave an overview of the property. She questioned if the Board wished to move forward to recommend a Small Comprehensive Plan Amendment to rezone Lots 2 & 3 from C-1 (commercial) to R-1 (single family residential). Bennett Boucher, City Manager, advised that the City Council had held discussion at their last meeting regarding a concern about two specimen trees located on the Sea Shell Cay property. He noted that the Special Exception is being presented at the Board of Adjustment meeting next Monday night for the R-2 use on the Sea Shell Cay North property. Discussion was held regarding the City administratively rezoning the property. Vice Chairperson, Lamar Russell, commented that if the Board of Adjustment grants the request for R-2 use, than this issue is moot. He advised that the Board of Adjustment must consider commercial use of the property. He stated that the City should have rezoned these lots to R-1 many years ago. He voiced his opinion that it doesn't make any sense to place multi -family in between two single family homes. He further voiced his opinion that a 45 ft. tall building is incompatible with residential use. He stated that the City should fix this by rezoning the property to R-1. He advised that the City's Comprehensive Plan strongly encourages single family residential. Chairperson McNeely advised that she attended the site plan pre -application meeting for a proposed commercial building on the Sea Shell Cay North property. She noted that some concerns were raised at the meeting including: aerial fire truck access; proposed interior corridors causing more of a fire threat than exterior corridors; parking; and a tree survey being required to identify specimen trees. Discussion followed regarding the fire department's concerns; and general site plan requirements. Additional discussion was held regarding the Board of Adjustment having the final decision on the Special Exception request to build multi -family residential. Anthony Garganese, City Attorney, pointed -out that if the Special Exception request is denied, the property owner is ready to go forward with a commercial use. Discussion continued. City Planner, Todd Peetz, advised that if the property is developed commercial, a traffic study, and a tree survey will be required. He noted that buffering will also be required. Discussion was held regarding a Small Scale Comprehensive Plan Amendment and re- zoning. Vice Chairperson Russell suggested that the Board wait for the outcome of the Board of Adjustment meeting. He suggested that this agenda item be postponed until the next meeting. Motion by Lamar Russell, seconded by Donald Dunn to postpone this agenda item until the next meeting. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes February 8, 2006 Page 3 3. Discussion Re: Residential Use in the C-1 Zonina District. Todd Peetz, City Planner, gave an overview of the agenda item. Chairperson McNeely asked if the City was no longer going to all residential use along the A1A corridor, than what type of commercial use will be allowed? She commented that a business may come to the City that is not compatible. Discussion followed regarding establishing criteria such as: distance requirements, types of allowed businesses; and compatibility with surrounding uses. Further discussion was held regarding the City creating a 5 -year vision plan. The Board members voiced their opinions regarding the City continuing allowing special exceptions for residential use in the commercial zoning district along A1A & N. Atlantic Avenue. Discussion was held regarding identifying the remaining vacant lots. Bennett Boucher, City Manager, commented that the best thing the City can do is to have sufficient and compatible zoning districts. Todd Peetz, City Planner, gave an overview of requirements and criteria for both Small Scale and Large Scale Comprehensive Land Use Amendments. He suggested that this issue be placed on the next month's agenda for further discussion. OPEN DISCUSSION Bennett Boucher, City Manager, announced that on February 21, 2006, the City Council will continue to review Chapter 110. The meeting will begin at 5:00 p.m. There being no further business, the meeting was adjourned at 9:20 p.m. i I ea McNee y, Chairperson LID9t SusanL. ary IFORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE 7e , L . h a �2, .n til e WLQf Pf/a - ✓t .'.n o �/► i .-t �L' aJ' d MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON l e.0 �,p, �t f �,� a WHICH I SERVE IS A UNIT OF: CITY _ COUNTY / crry 0 COUNTY D OTHER LOCAL AGENCY C�• -8 . e U 4 s- NAME OF POLITICAL SUBDIVISION: G Q F Ca .�G v e ,�; P. DATE ON WHICH )VOTE O%CURRED MY POSITION Is: '� 9 _ / lo 6 'D ELECTIVE YAPPOINTIVE WHO MUST FILE FORM 8B 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 inures 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 pr Icy) by whom he or she is retained (including the parent organization or subsidiary of a corporate prir `nr 1 �� , C T to the special private gain or loss of a relative; or to the special private gain or loss of a business as: redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special t o w •--- �`� -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only mother-in-law, son-in-law, and daughter-in-law. A " enterprise with the officer as a partner, joint ventur are not listed on any national or regional stock exch ELECTED OFFICERS: /Y- A ihter, husband, wife, brother, sister, father-in-law, In or entity engaged in or carrying on a business shareholder (where the shares of the corporation 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 any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. &F 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 hereby disclose that on e r j �2006. (a) AA measure came or will come before my agency which (check one) n inured 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� which 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: -7:7 K s- T p L_-� ^ e.- G -f p J o P i y P -'5 G PR 73us:-k ess .24 -cat -t -It fir C l to f a4Z�k= 5 CUotV_L5 e Date Filed S' nature ..[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 8B - EFF. 112000 PAGE 2 PLANNING & ZONING BOARD MEETING MINUTES JANUARY 25, 2006 A Regular Meeting of the Planning & Zoning Board was held on January 25, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. All persons giving testimony were sworn in by City Attorney Garganese. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro Tem Leo Nicholas Council Member Bennett Boucher City Manager Todd Morley Building Official NEW BUSINESS: 1. Approval of Meeting Minutes: January 11, 2006. Motion by Lamar Russell, seconded by Donald Dunn to approve the meeting minutes of January 11, 2006. Vote on the motion carried unanimously. 2. Recommendation to the Citv Council Re: Site Plan for Villa Campania Condominiums - R.K. Engineering, Applicant. Todd Peetz, City Planner, advised that this was a project to construct five condominium units; the site is located on the South side of Holman Road; and the property has a special exception for residential use. He gave a staff overview of the project site. The Board members reviewed the submitted landscape plan. Todd Peetz noted that 27 new trees will be planted, one 24" Oak tree will be preserved; over 200 bushes will be planted; and the site will be irrigated with reclaimed water. The Board members reviewed the site plan. Todd Peetz verified that the plan complies with the 25 ft. front setback requirement. Gene Parlotto, Representative for Doug Wilson Enterprises, Developer, verified that five condominium units are proposed; they would preserve as many trees as possible, and add trees; the design is a traditional look and appealing to the neighborhood. Hans Saurenmann, 349 Coral Drive, requested a moratorium be placed on building. He voiced his opinion that it's time to reconsider the needs of the City. Lamar Russell, Vice Chairperson, pointed out that the special exception was approved for this project prior to the moratorium. Brief discussion followed. Planning & Zoning Board Meeting Minutes January 25, 2006 Page 2 Motion by Harry Pearson, seconded by Lamar Russell to recommend approval of the site plan for Villa Campania. Vote on the motion carried unanimously. 3. Recommendation to the Board of Adjustment - Special Exception Request No 05-15 to Allow Residential Use in the C-1 Zoning District (Harbor Heights West Subdivision) - Lot 3, Section 14, Township 24 South, Range 37 East - John Johanson. for Triple J Investments, LLC, Petitioners. Todd Peetz, City Planner, advised that the property is zoned commercial with an expired special exception for residential use. The petitioners were asking for a special exception for residential use to construct three units. Discussion was held regarding the previous granted special exception. He advised that the property is surrounded by multi -family residential to the north, single family to the east, a single family to the south, and commercial to the west. He verified that he completed the special exception worksheet. He advised that stormwater and drainage would be reviewed during the construction plan review. He noted that there was one shared driveway access proposed for the three units, which would be addressed during the staff review of the replat. Discussion followed. Mr. Peetz advised that the three proposed residential units were more compatible than if the property was used as commercial. Discussion was held regarding the previous special exception that was just recommended for approval by the Board which is located almost adjacent to this property. Discussion continued regarding compatibility. John Johanson, Petitioner, testified that he was proposing three residential units; 22-30% lot coverage, leaving as much open space as possible; R-2 allows for six units, only proposing three units; the property was purchased last October; he had no idea why the previous owner did not build. Judith Lowe, 211 Coral Drive, advised that this lot was located between two single family residences. She submitted photographs into the record. She noted that Harbor Heights is the only single family residential, low density neighborhood in Brevard County, that is next to the beach where the residents don't have to cross a main road. She advised that multi -family would take away from the single family residential character of the neighborhood. She advised that the property was listed for sale as a single family lot. Ms. Lowe commented that the developer was trying to cram three townhouse units on a 58 ft. wide lot. She advised that 73 neighborhood residents have signed a petition against the granting of this special exception. She noted that there is a very large Oak tree located in the middle of the lot that would be destroyed. She pointed -out that the lot was replatted for one single family home. She requested that the special exception be denied. (The audience applauded in support of her comments.) Karen Johnson, 346 Coral Drive, advised that she purchased her property in 1995 because it was in a unique neighborhood of all single family homes. She further advised that rodents have become a nuisance. She asked that the City keep the neighborhood single family, as it was meant to be. She voiced her opinion that the proposed project is incompatible. Planning & Zoning Board Meeting Minutes January 25, 2006 Page 3 David Lackstrom, 432 Beach Park Lane, advised that there is a 10 ft. easement between the Villages of Seaport and Harbor Heights that is not being maintained. He questioned if the traffic study for N. Atlantic Avenue has been completed. He noted that it is almost impossible to go out onto N. Atlantic Avenue with the existing traffic volume. Don Foley, 224 Coral Drive, advised that he lives within three to four houses from this site. He noted that the approval of this request would negatively affect the value of his home. He did not want commercial being built on the property, or multi -family, but would prefer a single family residence. Keith McCoy, 204 Coral Drive, advised that he owns the single family residence next door to this site. He noted that if this project is approved, a single family home will be surrounded by multi -family townhomes. He advised that the property drops seven feet from N. Atlantic Avenue and there exists a large drainage area on the lot. He explained that if fill is brought in to raise it and a pad poured, the water would drain into his yard. He advised that there was already water runoff from the Villages of Seaport. He noted that there already exists a townhouse at the entrance of Harbor Heights that has a drainage problem from the new townhouse project adjacent to it that did not exist before. He advised that the lot did not have room for adequate landscaping. He voiced his opinion that townhomes are not compatible. Rita Perini, 247 Coral Drive, advised that Harbor Heights is the sole treasure of Cape Canaveral, and that building on this property would destroy the trees and wildlife that live in the area. Franklin Martin, 382 Coral Drive, advised that he has lived at his residence for 40 years. He noted that many years ago he was the Chairman of the Planning & Zoning Board. He advised that the Board worked very hard to maintain R-1 zoning. He voiced his opinion that the City should preserve the existing single family neighborhood, and it would be wrong for the Board to grant this special exception. Shannon Roberts, 703 Solana Shores Drive, advised that she supported the comments to preserve what the City has and the comments made by the residents regarding the increase of traffic on N. Atlantic Avenue. She complimented the residents for coming out and voicing their concerns. She advised that the residents of Shorewood, Solana Shores, and Solana Lakes are very concerned about the increased density in the area and the traffic congestion on N. Atlantic Avenue. Jim Graver, 358 Coral Drive, advised that the property was already platted as a single family lot. Coral Drive is not designed to take on extra traffic. He noted that there were already single family dwellings on either side of this property. He voiced his opinion that the City should preserve single family in this neighborhood. Planning & Zoning Board Meeting Minutes January 25, 2006 Page 4 Arlene Balestrieri, 204 Coral Drive, opposed the request as she lives next door. She advised that the request is totally incompatible with the neighborhood. She noted that the previous property owner had replatted the lots into three individual lots for three single family residences. She went around the neighborhood with a petition and received the signature of every one she approached, without hesitation. She advised that the school bus is late almost everyday because it can't get out onto N. Atlantic Avenue due to the traffic congestion. She noted that the lot was for a single family residence, and hoped that the City honors what the lot is supposed to be. Hans Saurenmann, 349 Coral Drive, advised that if the City grants this special use, then he will expect the same. He advised that he is the only resident in Harbor Heights that could profit from what the petitioner wants to build, because he is the only one in the neighborhood with a strip of land between Ocean Oaks and Harbor Heights, 2,633 ft. long and 20 ft. wide. He further advised that if the City approves this plan, he can build a three story building with at least four units on his property and sell it off. Chairperson McNeely summarized the audience comments. Vice Chairperson Russell summarized that multi -family use is approved at the corner and to the south, the area is zoned C-1 which needs to be rezoned R-1 to make it compatible with the neighborhood; the main issue is compatibility; multi -family use should not encroach any further into this established and unique single family neighborhood, with existing residence that purchased their home to live in this single family area. Donald Dunn, Board member, agreed with Vice Chairperson Russell. John Johanson, Petitioner, rebutted a few of the audience comments. He explained that 50% coverage of the site is allowed by code, he only proposed 22-23% coverage; the lot is zoned commercial, not R-1 single family; the units will be an average of 1,900 sq. ft. with an average selling price of $400,000, which would not detract from the neighborhood; the developer will install heavy landscaping; the code allows a density of 6 units, only proposing 3 units; the developer is not trying to negatively impact the neighborhood; it is not financially feasible to construct a single family residence on this lot; there is no plan to build commercial at this time because residential use would be the best option. Judith Lowe, 211 Coral Drive, commented that the property has been vacant and zoned commercial since the early 1960's; anyone who performs a demographic survey would see that commercial is not feasible at that location. She asked that the City rezone the property to R-1 single family residential, as it was intended to be, and make it compatible with the neighborhood and adjacent properties. (The audience applauded in agreement with her comments.) Planning & Zoning Board Meeting Minutes January 25, 2006 Page 5 Following discussion the Board members concluded that: 1. A special exception is not a vested right. It is a speculation on obtaining special use permission. 2. This is an established, unique neighborhood of single family, one story homes. 3. The main criteria for a special exception is neighboring compatibility. 4. This is not a compatible use. Motion by Lamar Russell, seconded by Donald Dunn to recommend denial of the special exception request because it is not compatible with the surrounding use. Vote on the motion carried unanimously. 4. Recommendation to the Board of Adjustment - Special Exception Request No. 05-16 to Allow On -Premise Consumption of Alcoholic Beverages - Section 15, Township 24 South, Range 37 East, Parcel 25. (8959 Astronaut Boulevard) - A1A Acquisition Group Ltd, LLP, Petitioners. Todd Peetz, City Planner, advised that a hotel is exempt from the 2,000 ft. distance requirement from other like establishments. Patrick Looney, representative for the Petitioner, testified that the alcoholic beverages would be served in the bar, restaurant, and patio area. He advised that the hotel will provide a complimentary breakfast; the restaurant would not be open for lunch or dinner; there will be a complimentary social hour for their guests with free drinks and horsd'oeuvres from 5:30-7:30 p.m. The Board members reviewed the submitted site plan depicting the areas where the alcoholic beverages will be served. Discussion followed. Todd Morley, Building Official, verified that the area where the alcoholic beverages would be provided consisted of a total of 18 seats. Todd Morley read a letter from John and Blanche Petrovic, residents, 8954 Puerto Del Rio Drive, opposing the request. Pat Looney, representative for the Petitioner, rebutted to the letter explaining that the bar is to primarily serve the hotel guests as an added amenity; there would be no advertising signage inside or outside the bar; and the use will keep hotel guests from driving to drink somewhere else. Brief discussion followed. Motion by Lamar Russell, seconded by Harry Pearson, to recommend approval of Special Exception Request No. 05-16 to the Board of Adjustment. Vote on the motion carried unanimously. 5. Discussion Re: Tourism in the C-1 Zoning District. Todd Peetz, City Planner, advised that a special workshop meeting has been scheduled with the City Council, Planning & Zoning Board, and Business Cultural and Development Board on January 31, 2005 at 5:30 p.m. to discuss this issue. Planning & Zoning Board Meeting Minutes January 25, 2006 Page 6 OPEN DISCUSSION Vice Chairperson Russell requested a discussion item be placed on the next agenda for a zoning ordinance change to rezone the three lots in the Harbor Heights West Subdivision on Sea Shell Lane from C-1 to R-1. John Fredrickson questioned a motion made at the last meeting regarding removing residential from N. Atlantic Avenue. Chairperson McNeely advised that residential already exists on N. Atlantic Avenue and had voted against that motion. Vice Chairperson Russell advised that there are large vacant parcels that are zoned commercial that can be built as residential if the City continues to allow special exceptions for residential use. He advised that additional residential will continue to add to the existing traffic congestion on N. Atlantic Avenue. Beth Foy, Board member of the Business and Cultural Development Board, announced that the Board unanimously agreed that all residential in commercial should be stopped. She advised that they were looking into hiring a consultant to review allowable uses in C-1, and make suggestions for the City to manage the commercial corridor. Discussion continued. There being no further business, the meeting was adjourned at 9:42 p.m. r ea McNeely, Chairpers Susan etary LOCAL PLANNING AGENCY MEETING MINUTES JANUARY 11, 2006 A Local Planning Agency Meeting was held on January 11, 2006, at the City Hall Annex, ,, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 9:35 p.m. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson Donald Dunn Harry Pearson MEMBERS ABSENT John Fredrickson OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro Tem Bennett Boucher City Manager Todd Morley Building Official Chairperson McNeely outlined the rules of the meeting. NEW BUSINESS: 1. Approval of Meeting Minutes: December 14, 2005 Motion by Mr. Pearson, seconded by Mr. Russell to approve the meeting minutes of December 14, 2005. Vote on the motion carried unanimously. 2. Discussion and Recommendation Re: Department of Community Affairs - Obiectives, Policies. and Comments Report Dated November 21, 2005 - Todd Peetz, City Planner. The Board members reviewed the proposed changes, based on the Department of Community Affairs comments, addressing the City Comprehensive Plan, Coastal Management Element, CM -4.3. Following discussion, the Board agreed that the gross square footage for a redevelopment or repaired structures shall not be increased. Motion by Bea McNeely, seconded by Lamar Russell, to recommend approval with changes and deletions as discussed. Vote on the motion carried unanimously. The meeting ended at 10:03 p.m. ieSusan oa Secretary 22�/�, Bea McNeely, Chairper n PLANNING & ZONING BOARD MEETING MINUTES JANUARY 11, 2006 A Regular Meeting of the Planning & Zoning Board was held on January 11, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson Donald Dunn Harry Pearson MEMBERS ABSENT John Fredrickson OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro Tem Leo Nicholas Council Member NEW BUSINESS: 1. Approval of Meetina Minutes: December 14, 2005. Motion by Donald Dunn, seconded by Lamar Russell to approve the meeting minutes of December 14, 2005. Vote on the motion carried unanimously. 2. Interview and Recommendation to the Citv Council: Prospective Board Member - John Johanson. John Johanson introduced himself to the Board. He verified that all the information on the application was correct. He advised that he is a residential contractor, and primarily builds in Cape Canaveral. He would declare a voting conflict when necessary. He did not anticipate more than three voting conflicts in this coming year. He commented that over the past five years he has seen positive changes, and would like to see more restaurants and businesses in the commercial zoning districts. He voiced his opinion that it is important that the City take care of the needs of the community and its residents over the tourism industry. Mr. Johanson did not have a problem regularly attending the meetings. Motion by Harry Pearson, seconded by Lamar Russell to recommend that John Johanson be appointed to the Board. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes January 11, 2006 Page 2 3. Discussion Re: Moratorium Study on C-1 Special Exceptions for Residential Use - Todd Peetz, City Planner. Todd Peetz, City Planner, gave an overview of his general findings of the moratorium study. He explained that the intent of the study was to determine what changes may be necessary to preserve the commercial district. Mr. Peetz explained that in 1999, the City had approximately 80 acres of developed commercial property, and approximately 9,100 people. The Board members viewed various maps showing existing uses and zoning. They held discussion regarding the areas affected by the moratorium along the A1A corridor. Lamar Russell, Vice Chairperson, voiced his opinion that the City needs to preserve the 167 acres of existing C-1 and C-2 zoning for commercial uses. Mr. Russell further voiced his opinion that the City should regulate tourist retail and surf shop type uses and businesses. Discussion followed. Bennett Boucher, City Manager, advised that the moratorium was extended until March 31, 2006. He advised that the City Council has scheduled a workshop on January 24, 2006, to discuss the moratorium. Lamar Russell stated that he is totally against residential in the commercial zoning district. Motion by Lamar Russell, seconded by Donald Dunn, that special exceptions for residential use be removed from the commercial zone on A1A. Brief discussion followed. Vote on the motion carried unanimously. Motion by Lamar Russell, seconded by Harry Pearson, that special exceptions for residential use be removed from the commercial zone on N. Atlantic Avenue. Discussion followed regarding impacts on the level -of -service standards for traffic and utilities on N. Atlantic Avenue. Members voted as follows: Donald Dunn, against; Bea McNeely, against; Harry Pearson, against; and Lamar Russell, for. Motion failed. Discussion was held regarding the City Planner providing a map of the commercial zones on A1A, and a count of actual C-1 and C-2 uses on A1A, to be presented at the next meeting. Brief discussion was held regarding tourist type businesses. The Board asked that a discussion item be placed on the next agenda for further discussion. 4. Election of Chairperson and Vice Chairperson. By consensus of the Board members, Bea McNeely was elected as Chairperson; and Lamar Russell was elected as Vice Chairperson. OPEN DISCUSSION Chairperson McNeely asked if the City Council could be lenient on Board members' attendance records that sit on Boards that meet more than once a month. Planning and Zoning Board Meeting Minutes January 11, 2006 Page 3 There being no further business, the meeting was adjourned at 9:35 p.m. Bea McNeely, Chairperson Sus n, S cretary