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HomeMy WebLinkAbout2005 Jan - DecPLANNING & ZONING BOARD MEETING MINUTES DECEMBER 14, 2005 A Regular Meeting of the Planning & Zoning Board was held on December 14, 2005, 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 OTHERS PRESENT Susan Chapman Todd Peetz Kate Latorre Robert Hoog Jim Morgan Leo Nicholas Todd Morley Jeff Ratliff NEW BUSINESS: Chairperson Vice Chairperson 1 st Alternate Board Secretary City Planner Assistant City Attorney Mayor Pro Tem Council Member Council Member Building Official Public Works Representative 1. Approval of Meeting Minutes: November 30, 2005. Motion by Lamar Russell, seconded by Bea McNeely to approve the meeting minutes of November 30, 2005, as corrected. Vote on the motion carried unanimously. 2. Recommendation to the City Council: Utility Easement Agreement - Villa Campania - Jeff Ratliff, Public Works Representative. Jeff Ratliff, Public Works representative, gave an overview of the 25 ft. utility easement for a City sewer line, which would connect to the existing easement on Holman Road. Ray Osborne, citizen, questioned if the development was already approved. Todd Peetz, City Planner, responded that the site plan was under staff review. He explained that the sewer line will be on private property that services that particular project, and would not impact the neighboring properties. Motion by Lamar Russell, seconded by Bea McNeely to recommend approval of the utility easement to City Council. Vote on the motion carried unanimously. 3. Recommendation to the Board of Adiustment: Special Exception Request No. 05-14 to Allow Residential Use in the Commercial Zoning District, Section 14, Township 24 South, Range 37 East, Part of Lots A & B, also known as 24-37-14- 28-00000.000OA.10. A.25, A.26, and A.27 - Teutons Subdivision - (Oak Lane) - Craig and Mary Stewart, Petitioners. Planning & Zoning Board Meeting Minutes December 14, 2005 Page 2 Todd Peetz, City Planner, gave an overview of the special exception request. He advised that the proposed project is located on the south side of Oak Lane, behind the Circle K; the property has an existing special exception for a single family residence and the applicant was proposing a new special exception for ten residential units; the property abuts the Ocean Gardens subdivision to the north, commercial to the east, vacant commercial to the north and west. Mr. Peetz verified that he prepared the check list and it was correct. The Board members reviewed the submittal packet. Discussion followed regarding: access, zoning, density, zoning uses, and affordable housing. Craig Stewart, Petitioner, testified that his family plans changed since the previous special exception was granted; he also owns property on Ocean Garden Lane; he plans to construct lower than the maximum density allowed by the city code; the townhouse units and lots will be similar to the Ocean Gardens and Lindsey Court subdivisions; he confirmed the road is only semi -paved and he has a signed statement from the Mayor that the road will be paved in 2006; he verified that the city owns the road; he was proposing to build ten townhouse units; each property will sell for approximately $400,000. Brief discussion followed. The Board members verified that this property is not affected by the existing moratorium. Todd Peetz, City Planner, depicted properties that currently have residential uses around this property, and advised that Mr. Stewart was proposing less than ten units per acre, which is consistent with the average throughout the city. Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of Special Exception Request No. 05-14 to the Board of Adjustment. Vote on the motion carried unanimously. 4. Recommendation to the City Council: Site Plan for Canaveral Bulk Terminal - Randy May, Applicant. Todd Peetz, City Planner, advised that at the Board's request, the site plan was updated. He advised that the Fire department reviewed the site plan and did not have any comments; and the Unity of Title Agreement was submitted by the applicant and forwarded to the City Attorney. He gave an overview of the submitted landscape plan. The Board members reviewed the updated site plan. Mr. Campbell, citizen, asked why a site plan was required. Todd Peetz, City Planner, responded that a site plan is required for structures over 850 square feet. He explained that the conveyor system will be significantly impacting the property and existing aggregate piles. Randy May, applicant, advised that the aggregate piles consisted of pumice, granite, and lime rock. Mr. Campbell, citizen, voiced his concern that the granted special exceptions were granting more than just storage of aggregate. He stated that the intent of the special exception was storage of aggregate as a subordinate use of the property, but the storage has instead become the principal use of the property. He read an excerpt from a Canaveral Port Authority magazine regarding the project. He voiced his opinion that this business operation was actually a bulk terminal. Mr. Campbell discussed the special exceptions that were granted to this property in 2002. Planning and Zoning Board Meeting Minutes December 14, 2005 Page 3 Mr. Campbell read excerpts of city meeting minutes, various letters to and from the Canaveral Port Authority, and a letter of findings by the city Building Official regarding the granted special exceptions. Mr. Campbell questioned if all property owners within a 500 ft. radius were notified of the special exception requests back in 2002. Mr. Campbell read various city code sections pertaining to zoning. He submitted photographs for the Board members regarding similar operations in England and California. He voiced his opinion that the city erred in granting the special exceptions. Discussion followed. Kate Latorre, Assistant City Attorney, advised that the decisions to grant the special exceptions were based on competent substantial evidence; Mr. Campbell's concerns were not germane to the site plan before the Board; and any code violations would be handled through code enforcement. Todd Morley, Building Official, verified that all the special exceptions were reviewed. He noted that there was a portion of one piece of land that was being used for aggregate storage that did not have an existing special exception. He advised that the use has subsequently stopped. Mr. May, property owner, verified the hours of operation. He explained that the amount of aggregate will increase with the conveyor system and the conveyor will reduce the existing trucking operations. He verified that the aggregate piles are continuously sprinkled. Motion by Lamar Russell, seconded by John Fredrickson, to recommend approval of the site plan to City Council. Vote on the motion carried unanimously. 5. Recommendation to the City Council: Site Plan for Sea Shell Cay Townhomes - James E. Morgan, Applicant. Todd Peetz, City Planner, gave an overview of the project. He advised that the four unit townhouse project was located on the west side of Harbor Heights. He read comments from city staff. James Morgan, applicant, responded to the staff comments. The Board members reviewed the submitted site plan. Discussion followed. Motion by Lamar Russell, seconded by John Fredrickson to recommend approval of the site plan to City Council with the following conditions: 1. Add an easement to the final plat for access to lot 3 to N. Atlantic Ave. 2. Meet the condition of the Public Works Director for sewer connection. 3. Provide a St. Johns River Water Management District permittexemption for drainage. 4. Have the City Engineer review the storm water calculations. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes December 14, 2005 Page 4 At 10:00 p.m., by consensus of the Board members, the meeting time was extended to 10:20 p.m. 6. Discussion Re: Density Study Report - Todd Peetz, City Planner. Todd Peetz, City Planner provided a brief outline of information regarding existing density. The Board members and audience reviewed various maps. Mr. Peetz explained that the information was produced by Brevard County property appraiser's office and GIS mapping department. He advised that the overall city density was seven units per acre. He noted that 90% of the city has been developed. Following discussion, the Board members suggested to have a workshop with City Council to discuss the density further. 7. Discussion Re: Moratorium Study - Todd Peetz, City Planner. Due to the late hour and the need to conduct the Local Planning Agency meeting, this agenda item was not discussed. The meeting was adjourned at 10:20 p.m. ea McNeely, Chairperson iV L• Susan L. C apman, Secretary LOCAL PLANNING AGENCY MEETING MINUTES DECEMBER 14, 2005 A Local Planning Agency Meeting was held on December 14, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 10:21 p.m. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson OTHERS PRESENT Susan Chapman Todd Peetz Kate Latorre NEW BUSINESS: Chairperson Vice Chairperson 1st Alternate Board Secretary City Planner Assistant City Attorney Approval of Meeting Minutes: May 25, 2005 Motion by Mr. Nicholas, seconded by Mr. Dunn to approve the meeting minutes of May 25, 2005. Vote on the motion carried unanimously. NEW BUSINESS: 1. Approval of Meeting Minutes: June 8, 2005. Motion by John Fredrickson, seconded by Lamar Russell to approve the meeting minutes of June 8, 2005. Vote on the motion carried unanimously. 2. Discussion Re: Department of Community Affairs - Obiectives, Policies, and Comments Report Dated November 21. 2005 - Todd Peetz, City Planner. Todd Peetz, City Planner, gave on overview of the objections and recommendations from the Department of Community Affairs. He explained that the State of Florida does not want to increase density or intensity in the Cape Canaveral area. Following discussion, the Board members agreed that the policy should be clarified to meet the city's intent. Discussion was held regarding adopting more stringent building code standards, and consider decreasing density and/or square footage than what is currently allowed. Todd Peetz, City Planner, advised that the next meeting will be scheduled on January 11, 2006 for recommendation to City Council. He advised that he would prepare a response that would clarify the policy and provide those changes to both the Local Planning Agency and City Council at the same time. He advised that the policy would need to be adopted by the city no later than January 20, 2006 to meet statutory deadline. Local Planning Agency Meeting Minutes December 14, 2005 Page 2 There being no further business for the Board to consider, the meeting was adjourned at 10:35 p.m. Bea McNeely, Chairperson Susan L. oard ecretary PLANNING & ZONING BOARD MEETING MINUTES NOVEMBER 30, 2005 A Regular Meeting of the Planning & Zoning Board was held on November 30, 2005, 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 John Fredrickson Donald Dunn Alice Filteau MEMBERS ABSENT Lamar Russell Shawn Schaffner OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Robert Hoog Bennett Boucher Todd Morley NEW BUSINESS: Chairperson Vice Chairperson 1 st Alternate Board Secretary City Planner City Attorney Mayor Pro Tem City Manager Building Official Approval of Meeting Minutes: October 26 and November 9, 2005. Motion by Donald Dunn, seconded by John Fredrickson to approve the meeting minutes of October 26, 2005. Vote on the motion carried unanimously. Motion by John Fredrickson, seconded by Donald Dunn to approve the meeting minutes of November 9, 2005. Vote on the motion carried unanimously. 2. Recommendation to City Council: Interview with Prospective Board Member - Harry Pearson. Anthony Garganese, City Attorney, interviewed Harry Pearson, a prospective Board member. Mr. Pearson verified that all information on the application was accurate; he is a retired civil engineer after 40 years; has lived in Cape Canaveral for 15 years; he currently serves on the Library Board and Construction Board of Adjustments and Appeals; he has no noted conflicts; he believed the City has a good balance of residential, commercial, and industrial uses; and the meeting dates and time would not be a conflict. Motion by John Fredrickson, seconded by Alice Filteau to recommend that Harry Pearson be appointed to the Board. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes November 30, 2005 Page 2 3. Recommendation to City Council: General Easement Agreement - Residence Inn - Ed Gardulski, Public Works Director. Ed Gardulski, Public Works Director, advised that this was a general easement agreement that runs along the west side of the A1A corridor that services the Residence Inn. Brief discussion followed. Motion by John Fredrickson, seconded by Alice Filteau, to recommend approval of the General Easement Agreement for Residence Inn. Vote on the motion carried unanimously. 4. Recommendation to City Council: Utility Easement Agreement - Residence Inn - Ed Gardulski. Public Works Director. Ed Gardulski, Public Works Director, advised that this utility easement links to other properties that do not have a contiguous utility easement. He explained that this utility easement will make the sewer line contiguous; the sewer line will supply Country Inn & Suites and eliminate their private lift station. Motion by Donald Dunn, seconded by John Fredrickson, to recommend approval of the Utility Easement Agreement for Residence Inn. Vote on the motion carried unanimously. 5. Recommendation to City Council: Utility Easement Agreement - Villas at the Port - Ed Gardulski, Public Works Director. Ed Gardulski, Public Works Director, advised that the utility easement runs along N. Atlantic Avenue and connects to an existing utility easement. Motion by Donald Dunn, seconded by Alice Filteau, to recommend approval of the Utility Easement Agreement for Villas at the Port. Vote on the motion carried unanimously. 6. Recommendation to City Council: Final Replat - Chadwick Townhomes - Section 23, Township 24 South, Rage 37 East, Block 16, Replat of Lots 12 & W 112 of Lot 13. Avon by the Sea Subdivision - Katherine Chadwick, Applicant. Todd Peetz, City Planner, explained that the property was located on the North side of Madison Avenue. He advised that all minimum requirements have been met; and City staff reviewed the final replat and recommended approval. The Board members reviewed the final replat. Brief discussion followed regarding capacity of the sewer and water supply. Motion by John Fredrickson, seconded by Donald Dunn, to recommend approval of the Final Replat of Chadwick Townhomes to City Council. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes November 30, 2005 Page 3 7. Recommendation to City Council: Preliminary Replat - Beroia Palms - Section 23, Township 24 South, Range 37 East, Block 70, Replat of Lot 7, Avon by the Sea Subdivision - Ron Wallen, Applicant. Todd Peetz, City Planner, explained that the proposed two -unit townhouse project is located on the South side of Lincoln Avenue. He advised that City staff reviewed the preliminary replat and recommended approval. The Board members reviewed the preliminary replat. Discussion followed regarding stormwater. Todd Peetz verified that the Public Works Director reviewed the plat and had no concerns. Motion by Donald Dunn, seconded by Alice Filteau, to recommend approval of the Preliminary Replat of Beroja Palms to City Council. Vote on the motion carried unanimously. -- 8:- - -Recommendation -to City -Council: - Site -Plan Approval--for--Canaveral Bulk Terminal - Randy May, Applicant. Todd Peetz, City Planner, advised that the Special Exception was approved for the project. He explained that the site plan corresponded with the construction of the conveyor system. He noted that no review comments had been received from the fire department and the Public Works Director had commented that stockpile 'C' needed to be identified. Randy May, Applicant, verified that he complied with the Public Works Director's request. He advised that someone had addressed the City Council at their last meeting and stated that the project is bigger than what he brought to the Board. He explained that the project is actually smaller, being slightly over 3,000 linear feet. The Board members reviewed a schematic drawing of the property, showing the placement of the conveyor system, and parcels with existing special exceptions granted for piles of aggregate. Mr. May pointed -out the sections of properties located within the City limits. Discussion followed regarding identifying property boundaries, ponds and landscaping berm. Mr. May confirmed that the landscaping berm will be completed around the middle of January. He noted that the well water is used for irrigation; the drainage ditch is constantly kept clean and maintained; the conveyor is 30 ft. high and drops down to 5 ft. high; the height limit of the aggregate piles is 38 ft., as per the granted special exceptions; the top of the sprinkler heads are 45 ft. high. Discussion followed regarding the Unity of Title not being submitted; there were no comments received from the fire department; sheet 2 needed to be corrected, as per the Public Work's Director's comment; more information needed to be provided on the landscape plan to include: types of species, the amount of trees, sizes, and locations; the applicant needed to provide a written timeline when the landscaping will be completed; the site plan need to reflect the geographic boundaries of the approved special exceptions; and the elevations around the property boundary needs to be clearly identified. Bennett Boucher, City Manager, advised that the Unity of Title Agreement should denote all lots and all lot lines, and note the special exceptions that are applicable to each lot. The Board members agreed. Planning & Zoning Board Meeting Minutes November 30, 2005 Page 4 Patrick Campbell, resident, 300 Surf Drive, advised that he spoke with the City Council at the November 15th meeting. He read a portion of the article from the Port Canaveral Newsletter, March 2005 edition, regarding Mr. May's property. He advised that there may be coming concerns from St. John River Water Management District. He questioned how special exceptions and variances work, and believed that Mr. May's operation was far outside the intent of outside storage in that it was not subordinate to the principal use; that it had become the principal use. He questioned visual barrier requirements. He read City code Section 110-466, Performance Standards and --- - questioned -if --the- County -standards -prevail Anthony Garganese, City --Attorney, -- ------- responded that he could not give Mr. Campbell legal advice. He explained that any argument Mr. Campbell wished to make about a special exception granted in 2002 should have been made in 2002. He advised that the City has a municipal ordinance which prevails over the County's code. He further advised that the Board was only looking at a site plan for a conveyor belt system this evening. Todd Morley, Building Official, advised that upon investigation of City records regarding the special exceptions granted to Mr. May, he found that Mr. May is in compliance with the conditions of all the special exception with one exception. He explained that it appeared that a portion of the property currently used for the storage of aggregate is not approved for that use. He explained that more specifically, a special exception granted in 2000 allowed storage of aggregate on an entire parcel. This special exception was subsequently expired with the approval of a special exception granted in 2002. The special exception granted in 2002 allows storage of aggregate on a different portion of the same parcel. Mr. Morley further advised that trees had been planted as per the Code Enforcement Board's requirements. However, some of the Oaks were damaged from the storms. Mr. May commented that he planted almost 1,500 inches of trees, and he is trying to work with the developer next door to further buffer the property. Motion by Donald Dunn, seconded by Bea McNeely, to postpone recommendation on this site plan until the applicant comes back with a revised site plan. Vote on the motion carried unanimously. 9. Discussion Re: Update on Short -Term Rentals. Bennett Boucher, City Manager, explained that Brevard County is involved in a takings lawsuit with regard to their short-term rental ordinance. He further explained that Florida League of Cities newsletter provided some additional information that the City Manager and City Attorney are researching. He recommended that the City take a wait and see approach with the County's lawsuit. Planning & Zoning Board Meeting Minutes November 30, 2005 Page 5 10. Discussion Re: Overview of 2005 Brevard County Growth Management Legislation. Todd Peetz, City Planner, advised that he provided the Board members a brief overview of the legislative changes that will most likely result in changes to the City's Comprehensive Plan. He summarized the changes and explained that the timelines are such that the first action items are one year to three years away. 11. Discussion Re: Code of Conduct for Board Members. Anthony Garganese, City Attorney, outlined the adopted Resolution. He advised that the Board members need to read it and ensure compliance. -He requested that the Board members treat applicants with respect and follow the codof conduct. He advised that all Board members are required to sign it. There being no further business for the Board to consider the meeting was adjourned at 9:47 p.m. 102aa ea cNeely, Chairperso Susan apman, Secretary PLANNING & ZONING BOARD MEETING MINUTES NOVEMBER 9, 2005 A Regular Meeting of the Planning & Zoning Board was held on November 9, 2005, 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 oll: MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell John Fredrickson Donald Dunn MEMBERS ABSENT Alice Filteau Shawn Schaffner 1 st Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro Tem Todd Morley Building Official NEW BUSINESS: 1. Approval of Meeting Minutes: October 26, 2005. Todd Peetz, City Planner, advised that due to the Board Secretary being ill this agenda item would need to be postponed until the next meeting. 2. Recommendation to the City Council - Preliminary Replat of Villa Cielo Townhomes - Preliminary Replat of Lots 7 and 8, Block 15, Avon by the Sea Subdivision - Jim Morgan, Applicant. Todd Peetz, City Planner, gave an overview of the request. He advised that this was a Preliminary Replat for four townhouse units on the corner of Magnolia and Jefferson Avenues on .28 acres. Jim Morgan, Applicant, advised that this was a re -development of an existing tri-plex. He explained that he was not involved in the design. Chairperson McNeely read City Code Section 90-132 regarding stormwater runoff, and commented that she wanted to ensure that -there would hot be additional -water -run off that would affect other properties. Jim Morgan replied that stormwater runoff would be addressed during the site plan review. The Board members reviewed the Preliminary Replat. Mr. Morgan advised that there would not be a homeowners association. Discussion followed. Planning & Zoning Board Meeting Minutes November 9, 2005 Page 2 Motion by John Fredrickson, seconded by Donald Dunn to recommend approval of the Preliminary Replat of Villa Cielo. Vote on the motion carried unanimously. Discussion followed regarding the drainage easement shown on Lot 1, and who was responsible for the maintenance of the drainage easement. City Attorney Garganese voiced his concerns that the Preliminary Plat did not show lots 2, 3 & 4 having clear rights to the drainage easement shown on Lot 1; the plat did not clearly depict the drainage easement on Lot 1; and all references to common areas, and homeowners association needed to be stricken. Discussion continued. Motion by Lamar Russell, seconded by Donald Dunn to add two conditions to the recommended approval as follows: 1. The Final Replat needs to depict a drainage easement over the retention area on Lot 1. 2. The Dedication shall indicate that all easements be maintained for the benefit of the owners of Lots 1, 2, 3 & 4. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: Site Plan for Villa Cielo at 377 Jefferson Avenue, Avon by the Sea Subdivision - Jim Morgan, Applicant. Todd Peetz, City Planner, gave an overview of the site plan. He explained that the City engineer did not meet the established deadline for review comments. He read the letter received from the City Engineer for the record. He advised that the City Engineer recommended a conditional approval, based on the drainage calculation for the stormwater management system being submitted prior to the City Council meeting. Chairperson McNeely questioned if this project received approval from the Community Appearance Board. She explained that it was a matter of policy that projects receive approval from the Community Appearance Board prior to site plan approval. Todd Morley, Building Official, later confirmed that this project had received approval from the Community Appearance Board. Discussion was held regarding the drainage easement shown on the site plan matching the preliminary replat. The Board members reviewed the submitted landscape plan. Todd Peetz advised that the landscape plan exceeds the minimum requirement. He noted that there were 15 Oak trees on 114 acre of property. The Board members continued to review the site plan. Discussion continued. Motion by John Fredrickson, seconded by Donald Dunn to recommend approval of the site plan for Villa Cielo with the condition that the approval of the Community Appearance Board be verified. Discussion followed. Vote on the motion carried unanimously. Motion by Donald Dunn, seconded by Bea McNeely that all comments from the City Engineer be satisfactorily addressed. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes November 9, 2005 Page 3 4. Discussion Re: Moratorium Memorandum Concerninq Residential Special Exceptions Within C-1 Commercial Zoning District along the A1A Corridor Only - Todd Peetz City Planner. Todd Peetz, City Planner, advised that on November 1, 2005, City Council imposed a (90) day moratorium; the City Council has requested that the Planning & Zoning Board conduct a comprehensive review of City Code Section 110-334 (10). He explained that there have been concerns expressed that the City may be losing its commercial base to residential areas. He advised that there are concerns that residential located traditionally in non-residential areas has created some compatibility problems that were not anticipated. He advised that the moratorium is to study the issue and make recommendations about the use of residential special exceptions along the A1A corridor. Discussion followed regarding the commercial corridor along A1A. Vice Chairperson Russell voiced his concern that the city has, against the law, rezoned by special exception. He suggested that the city decide where it wants commercial, and where it wants residential, then rezone if necessary, and do away with special exceptions. Todd Peetz advised that he would bring back more data and maps at the December 14, 2005 meeting for further review and discussion. OPEN DISCUSSION Todd Morley, Building Official, explained that he was asked by the City Manager to speak with the Board members regarding receiving lap top computers to use for the Board packets in an effort to save trees. Most members responded that they did not mind trying it. Mr. Fredrickson advised that he was adamantly against the idea and requested he continue to receive paper copies. Mr. Morley advised that he would report the Board's wishes to the City Manager. There being no further business for the Board to consider the meeting was adjourned at 9:35 p.m. 2 Bea McNeely, Chairperso I Susan L. Chapman, Secretary PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 26, 2005 A Regular Meeting of the Planning & Zoning Board was held on October 26, 2005, 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 John Fredrickson Donald Dunn 1st Alternate Shawn Schaffner 2nd Alternate MEMBERS ABSENT Alice Filteau OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro Tem NEW BUSINESS: 1. Approval of Meeting Minutes: October 12, 2005. Motion by John Fredrickson, seconded by Donald Dunn to approve the meeting minutes of October 12, 2005. Vote on the motion carried unanimously. 2. Recommendation to the Board of Adiustment - Special Exception Reauest No. 05-07 to Allow Outside Storage of Automotive Vehicles, Camping Equipment, Boats, Trailers, and Recreational Eguipment: and 24 Hour On -Site Security at (8708 Commerce Street), Section 15, Township 24 South, Range 37 East, Parcel 764.0 - Kurt Ronstrom, Petitioner. Todd Peetz, City Planner, verified that 24 hour on-site security is permitted in the M-1 zoning district; the property is zoned M-1; the request was for outside storage and 24 hour on-site security; an on-site trailer utilized as a living facility is limited to 800 sq. ft., with an annual review; no children would be allowed to live on the premises; the Building Official would rather have a permanent structure for the living facility, than a temporary trailer; the area for outside storage is not required to be paved, but must be maintained; and -vehicles are required to have a current tag and be operable. Planning & Zoning Board Meeting Minutes October 26, 2005 i Page 2 Kurt Ronstrom, Petitioner, testified that he was not aware that he needed a special exception for the 24 hour security until he was visited by City code enforcement; he has actively been cleaning up the property and has recently removed four boats from the site and he has two RVs that will be disposed of; he is asking for a 24 hour living facility for security purposes due to vandalism. He explained that the living quarters is a fifth wheel trailer that can be towed out at any time. He advised that he has had outside storage for 20 years. He further explained that the property was previously used as a paint and body shop; the building has two bathrooms, and is currently a machine and welding shop, plus it has two offices. He noted that there are 24 parking spaces, and two - 20 ft. wide drive gates for property access. He advised that he could modify an area of the building to allow living quarters. The Board members reviewed the submitted property survey. Discussion followed regarding considering the request for outside storage in the M-1 zone; and other options to provide security. Motion by Lamar Russell, seconded by John Fredrickson to recommend approval to the Board of Adjustment for outside storage, with the condition that the City code enforcement officer be allowed on the premises, at any time, to inspect for inoperable vehicles. Vote on the motion was as follows: Donald Dunn, abstained; John Fredrickson, for; Bea McNeely, against; Lamar Russell, against; and Shawn Schaffner, against. Discussion followed. Motion by Shawn Schaffner, seconded by Lamar Russell to recommend the request for living quarters to provide 24 hour on-site security be denied by the Board of Adjustment. Vote on the motion was as follows: Donald Dunn, abstained; John Fredrickson, against; Bea McNeely, for; Lamar Russell, for; and Shawn Schaffner, for. 3. Recommendation to the City Council - Preliminary Replat of Beachside Townhomes - 2nd Addition, Replat of Lot 13, Block 5. Avon by the Sea Subdivision - John Johanson, Applicant_ The Board members reviewed the preliminary replat. Discussion followed. Anthony Garganese, City Attorney, clarified that all dates and signatures will be required on the final replat. Todd Peetz, City Planner, verified that City staff had reviewed the preliminary replat and recommended approval. John Johanson, applicant, advised that the 1st addition of Beachside Townhomes was nearing completion. Motion by Lamar Russell, seconded by Shawn Schaffner to recommend approval of the Preliminary Replat of Beachside Townhomes - 2nd Addition to the City Council. Vote on the motion carried unanimously. Planning & Zoning Board —Meeting-Minutes -- --- - - -- --- - - - October 26, 2005 Page 3 4. Recommendation to the Board of Adjustment - Variance Request No. 05-11 to Allow Two Signs of Approximately 128 square feet on Each End of the 468 foot Building Front at (8959 Astronaut Boulevard), Section 15, Township 24 South, Range 37 East, Parcel 25.0 - Roger Dobson, AM Acquisition Group Ltd., LLP, Representing Residence Inn, Petitioner. Todd Peetz, City Planner, reviewed the submitted documents. He explained that per City code, the property is allowed two wall signs; or one ground sign, and one wall sign. He voiced his opinion, as the representative for City staff, that this request is a self- imposed hardship. Roger Dobson, Petitioner, voiced his opinion that the hotel consists of three separate buildings that are connected; he was requesting a sign on each end of the building, to be placed parallel to Astronaut Blvd., which will assist customers finding the facility. He cited various City code sections. He voiced his opinion that the facility is not like any other in the City. He advised that he had a letter from his contractor stating that they have three separate buildings. He explained that a ground sign would be located outside the center building facing A1A. The ground sign is 30 ft. high and 14.9 ft. wide, and illuminated. He noted that all the signs would be illuminated. He advised that he had no idea where the Country Inn & Suites signs would be located. He noted that if the request is denied they will have only one ground sign and one wall sign, which could create a hazardous situation for customers looking for the facility. He advised that D.O.T. denied the request from the City to lower the speed limit along A1A. Discussion was held regarding whether or not the building(s) should be considered one building connected or three separate buildings. The Board members reviewed a rendering of the building(s). Anthony Garganese, City Attorney, explained that the City code does not address a Variance from the sign code. He explained that a Variance only applies to the Zoning code. He explained that the Building Official needs to approve or deny the request for the signs, and make a decision whether there are three buildings or one building. He further explained that if the applicant does not agree with the Building Official's decision, he could then apply to the Construction Board of Adjustments and Appeals. No further action was taken regarding this request. The applicant was instructed to meet with the Building Official and seek his interpretation of the sign code and determine how many buildings there are to conclude how many signs are allowed. Planning & Zoning Board Meeting_Minutes—_____--- October 26, 2005 Page 4 5. Recommendation to the Board of Adiustment - Special Exception Reauest No. 05-12 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Range 37 East. All of Parcels 29, 33, and Part of 2, 3. 31, and 35 - Randy May, Petitioner. Todd Peetz, City Planner, verified that the City code was changed recently to allow this -- use by special exception. Randy May, Petitioner, advised that the project was moving forward. Motion by Donald Dunn, seconded by Lamar Russell to recommend approval of Special Exception Request No. 05-12 to the Board of Adjustment. Vote on the motion carried unanimously. 6. Recommendation to the Board of Adiustment - Variance Reauest No. 05-06 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Range 37 East, All of Parcels 29, 33, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. Motion by Lamar Russell, seconded by Shawn Schaffner to recommend Variance Request No. 05-06 be denied by the Board of Adjustment. Vote on the motion carried unanimously. 7. Recommendation to the Board of Adiustment - Special Exception Request No. 05-13 to Allow Residential Use in the Commercial Zoning District at (8705 N. Atlantic Avenue), Section 14, Township 24 South, Range 37 East, Parcels 28, D.01, D.03, and C.01, Teutons Subdivision - Kevin D. Markey, Seaboard Constructors, LLC, Designated Agent for Howard and Betty Gould, Petitioners. Todd Peetz, City Planner, gave an overview of the proposed project. He advised that the property was currently a trailer park, and is surrounded by C-1 and C-2 uses. He noted that this property location was not part of the moratorium currently in effect. He explained that the Petitioner is requesting a special exception to construct 122 multi- family units. He noted that a Unity of Title or Replat will be required to incorporate all four parcels. Discussion was held regarding notifications to surrounding property owners. The Board Secretary verified that the Ocean Woods Homeowners Association was mailed a certified notice of this request. Planning & Zoning Board Meeting Minutes October 26, 2005 Chairperson McNeely questioned if they were requesting rezoning by special exception. She pointed out that N. Atlantic Avenue has mostly changed from C-1 to residential. Kevin Markey, Attorney for the Petitioners, advised that the property already has an existing residential use. Todd Peetz, City Planner, noted that the trailer park existed prior to the commercial zoning district being created. Kevin Markey verified that all the trailers would be removed. Vice Chairperson, Lamar Russell, asked if they could take out some of the coverage and add some green area. Kevin Markey responded that he was not in the position to change the size of the buildings or number of units. He verified --that the request included all four parcels of property, and advised that the property would --- be surveyed and the legal description will be clarified: Anthony Garganese, City Attorney, advised that the City will require a Unity of Title. The Board members reviewed the submitted conceptual plan. Discussion followed regarding distance requirements between curb cuts. Chairperson Russell asked if the units could front Central Blvd. so that the units would look attractive to pedestrians traveling down the road, rather than looking at the backs of the units. Todd Peetz suggested that the buildings be turned to front Central Blvd. and a frontage road be constructed in front of the buildings. Motion by John Fredrickson, seconded by Lamar Russell to recommend approval of Special Exception Request No. 05-13 to the Board of Adjustment. Vote on the motion carried unanimously. 8. Recommendation to the City Council Re: Proposed Ordinance for Land Clearing for Three Dwelling Units or Less - Anthony Garganese, City Attorney. Anthony Garganese, City Attorney, advised that he made the changes as requested by the Board at the last meeting. The Board members reviewed the draft ordinance. Brief discussion followed. Motion by Donald Dunn, seconded by Shawn Schaffner to recommend approval of the draft ordinance to the City Council. Vote on the motion carried unanimously. OPEN DISCUSSION John Fredrickson asked for clarification on some of the decisions made this evening. _- There being no further business for the Board to consider the meeting was adjourned at 10:07 p.m. (C� Bea McNeely, Chairperson CA ck� Susan L. ary PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 12, 2005 A Regular Meeting of the Planning & Zoning Board was held on October 12, 2005, 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 John Fredrickson Alice Filteau Donald Dunn 1 st Alternate Shawn Schaffner 2nd Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney NEW BUSINESS: Approval of Meeting Minutes: September 14, 2005. Motion by John Fredrickson, seconded by Bea McNeely to approve the meeting minutes of September 14, 2005. Vote on the motion carried unanimously. NEW BUSINESS: Motion to Recommend to City Council: Revised Site Plan for Bayside Condominiums (Removal of Sidewalks) - William M. Youna, Applicant. Todd Peetz, City Planner, pointed -out the areas where Mr. Young was requesting the sidewalks be removed. He advised that sidewalks are required in the front of the units, along the parking areas, areas providing access to the multi -story building, and community swimming pool. He noted that the only sidewalk that could be removed was the sidewalk around the N. side of the retention pond. He advised that the Public Works Director had requested that the sidewalks along the full length of the pool area remain and extended to the street. He advised that the City Engineer recommended that the eastern crosswalk to the pool area should remain, along with the sidewalk segment adjacent to parking areas, as per the original site plan. Mr. Young explained reasons why he was requesting some of the sidewalks not be installed. He noted that the retention pond is sloped and 9 ft. deep in the middle, with ducks and a fountain. He noted that a sidewalk around the retention area would be an attractive nuisance and safety concern. He entered a highlighted exhibit of the site and noted the sidewalks that existed; the proposed sidewalks to omit; and what sidewalks should be installed. Discussion followed. Motion by Lamar Russell, seconded by Alice Filteau, to recommend the sidewalks highlighted in Orange on Exhibit A be installed, and the other sidewalks highlighted in yellow be omitted. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes October 12, 2005 Page 2 2. Motion to Recommend to City Council: Proposed Ordinance Regarding Land Clearing for Three Dwellinq Units or Less - Anthony Garganese City Attorney. Anthony Garganese, City Attorney, gave an overview of the proposed ordinance. The Board members made various recommendations to make the verbiage of the proposed ordinance for three units or less more consistent with the existing landscape code for four or more units. Following discussion, the City Attorney agreed to make the recommended changes and to bring the proposed ordinance back to the Board for further consideration. 3. Election of Vice Chairperson. Bea McNeely nominated John Fredrickson. Alice Filteau and Shawn Schaffner nominated Lamar Russell. Discussion followed. Motion by Donald Dunn, seconded by John Fredrickson to elect Lamar Russell as Vice Chairperson. Vote on the motion carried unanimously. OPEN DISCUSSION John Fredrickson distributed an advertisement for short-term stays at Royal Mansions. He voiced his concern that the ad was misleading because the ad did not stipulate a minimum length of stay. He advised that there was a wedding reception at one of the short-term rental units previously identified in earlier meetings. The reception was loud and noisy. A few other Board members knew which party he was referring too. Additional discussion followed regarding some Board members being uncomfortable with notifying the sheriff for fear of retaliation. There being no further business for the Board to consider the meeting was adjourned at 8:45 p.m. /4Bea McNeely, Chairperson Susan L. Chapman, Secre ary PLANNING & ZONING BOARD MEETING MINUTES SEPTEMBER 28, 2005 A Regular Meeting of the Planning & Zoning Board was held on September 28, 2005, 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 John Fredrickson Donald Dunn 1 st Alternate Shawn Schaffner 2nd Alternate MEMBERS ABSENT Alice Filteau OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Bennett Boucher City Manager Todd Morley Building Official Robert Hoog Mayor Pro Tem All persons giving testimony were sworn in by City Attorney, Anthony Garganese NEW BUSINESS: 1. Approval of Meeting Minutes: September 14, 2005. A motion by John Fredrickson, seconded by Bea McNeely to approve the meeting minutes of September 14, 2005. Vote on the motion carried unanimously. NEW BUSINESS: 1. Motion to Recommend: Special Exception Request No. 05-07 to Allow 24 Hour On -Site Security and Outside Storage at (8708 Commerce Street - K.M.D. Ship Repair) - Section 15, Township 24 South, Range 37 East, Parcel 764.0 - Kurt Ronstrom, Petitioner, Lars Holfve, Designated Agent. Todd Peetz, City Planner, advised that because of a coordination issue with staff, a concept plan was not received from the applicant; and the staff report from the fire department was not submitted. He recommended that the request be tabled until the additional information is received. He explained that the petitioner needed 24-hour, on- site security because of past vandalism. Todd Morley, Building Official, advised that this request is a result of code enforcement action. He explained that the property has been found in compliance because the property owner applied for the required special exception. He did not know if someone was still living on-site. Lamar Russell suggested that the Board members read the City code provision(s) for on-site security, and noted other properties that have been approved for on-site security. Planning & Zoning Board Meeting Minutes September 28, 2005 Page 2 Lars Holfve, designated agent, verified that currently no one was living on-site. He noted that there has been vandalism since the on-site security stopped. He added that the property is not located around any residential. Motion by Lamar Russell, seconded by Donald Dunn to postpone Special Exception Request No. 05-07 until the October 26, 2005 meeting. Vote on the motion carried unanimously. 3. Motion to Recommend: Soecial Exception Request No. 05-08 to Allow a Veterinary Clinic in the C-1 Zoning District, Section 23, Township 24 South, Range 37 East, Lots 1, 2, 9 & 10, Block 36, Avon by the Sea Subdivision - Christine Storts, Petitioner. Todd Peetz, City Planner, gave an overview of the request. He advised that the property was located on a vacant lot; the project should meet all the development codes; and a traffic study would be required at the time of site plan submittal. Lamar Russell noted that the special exception at the current location would expire if the property is not utilized for the same use within 12 months. Dr. Christine Storts, Petitioner, testified that she has been a veterinarian for over 10 years in the community; the business now has extended hours and is open six days a week to keep up with the demand; the facility needs to be expanded to accommodate the community's needs; the property is located just north of the current location. She verified that there will not be a boarding facility. Jason Schaeffer, a friend of Dr. Storts, answered various questions regarding the submitted conceptual plan. Discussion was held regarding the heavily wooded lot. Mr. Schaeffer responded that the site design saves as many Oak trees as possible; and he anticipated that there will be no problems with curb cuts. Motion by Lamar Russell, seconded by Shawn Schaffner to recommend approval of Special Exception Request No. 05-08 to the Board of Adjustment. Vote on the motion carried unanimously. 4. Motion to Recommend: Special Exception Request No. 05-09 to Allow a Restaurant to Serve Beer & Wine at (7802 N. Atlantic Avenue - La Fiesta Restaurant), Section 23, Township 24 South, Range 37 East, Lots 9, 10 & 11, Block 25, Avon by the Sea Subdivision - Alice Fusillo, Petitioner. Todd Peetz, City Planner gave an overview of the request, and verified that this request met all City requirements. He testified that the previous special exception had expired in May, 2005, and the new restaurant owner would like to re-establish the use; the restaurant has 96 seats, and adequate parking. He depicted properties that have liquor licenses from a City map. Alice Fusillo, Petitioner, testified that she had no intentions to serve full liquor at this time; everything inside the building is the same, only minor cosmetic upgrades. Chairperson McNeely reviewed the criteria worksheet. Brief discussion followed. Motion by Donald Dunn, seconded by Lamar Russell, to recommend approval of Special Exception Request No. 05-09 to the Board of Adjustment. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes September 28, 2005 Page 3 5. Motion to Recommend: Special Exception Request No. 05-10 to Allow a Vehicle Rental Facility in the C-1 Zoning District, (Property is Located Just North of Residence Inn and South of Country Inn), Sec. 15, Twp. 24S, Rge. 37E, Part of Parcel 25.0 - William Stephenson, Petitioner. Todd Peetz, City Planner, advised that the property was located on an out -parcel from the Residence Inn, and gave an overview of the request. He testified that the project would have shared access with Residence Inn; and reviewed the required criteria for this type of special exception. Kevin Looney, employee of the Petitioner, testified that the car rental facility may have a car wash, and if so, it would be located within the 600 square foot prep area as shown on the submitted conceptual plan. Victor Watson, employee of the Petitioner, testified that the use is compatible with the surrounding areas, and designed to meet all code requirements. He noted that the property will be owned and leased long-term. Motion by Lamar Russell, seconded by Donald Dunn to recommend approval of Special Exception Request No. 05-10 to the Board of Adjustment. Vote on the motion carried unanimously. OPEN DISCUSSION Todd Peetz, City Planner, gave an update on the City Council meeting's discussion regarding short-term rentals. He advised that City Council is not taking any action until the County makes its final decision. He noted that 36 properties are licensed for rentals in the City. Bennett Boucher, City Manager, advised that he was having a difficult time with the State trying to identify vacation rentals. He noted that less than 10 are identified throughout the County. Todd Peetz, City Planner, advised that City Council passed the 1st reading of a moratorium ordinance. He advised that the moratorium would delay new applications. He explained that the proposed moratorium would be for 90 days, with a 60 day extension if needed. He advised that over 300 parcels have granted special exceptions for residential use in the commercial zoning district, and identified some of them from a City zoning map. Bennett Boucher, City Manager, added that City Council was looking at preserving commercial areas on A1A, and properties along A1A would be the only properties affected. There being no further business for the Board to consider the meeting was adjourned at 8:35 p.m. Bea McNeely, Chairperso 4L.0 s1Susaecr taWlry PLANNING & ZONING BOARD MEETING MINUTES SEPTEMBER 14, 2005 A Regular Meeting of the Planning & Zoning Board was held on September 14, 2005, 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 Leo Nicholas Vice Chairperson Lamar Russell City Attorney John Fredrickson Mayor Donald Dunn 1 st Alternate Shawn Schaffner 2nd Alternate MEMBERS ABSENT Alice Filteau OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Rocky Randels Mayor Robert Hoog Mayor Pro Tem Todd Morley Building Official NEW BUSINESS: Approval of Meeting Minutes: August 10, 2005. A motion by Donald Dunn, seconded by John Fredrickson to approve the meeting minutes of August 10, 2005, as presented. Vote on the motion carried unanimously. OLD BUSINESS: Recommendation to Citv Council Re: Establishinq Time Limit(s) for Length of Stay - Amending Ordinance No. 06-2005, Amending Chapter 110, Zoning, Clarifying the Intent of the R-1, R-2, and R-3 Residential Zoning Districts, Prohibiting Transient Commercial Uses Such as Bed and Breakfasts, Hostels Hotels, Inns, Lodgings, Motels, or Resorts in Residential Dwelling Units for Periods of Less Than Seven (7) Consecutive Calendar Days - Anthonv Garganese, City Attorney. Todd Peetz, City Planner, advised that staff was still working on establishing performance standards and restrictions. He noted that the City was waiting to see what the County adopts. The Board members reviewed the City's draft ordinance. The Board asked the Secretary to look back in previous meeting minutes to determine if the Board already made its recommendation for length of stays. John Fredrickson inquired why the City Manager did not forward any information to the Board regarding number of complaints received and the number of rentals throughout the City. Leo Nicholas commented that the City is being influenced by what others are doing. The City needs to evaluate and decide how they want to restrict rentals. He noted that the Board should look at the severity of complaints and not be influenced by the number. Planning & Zoning Board Meeting Minutes September 14, 2005 Page 2 Chairperson McNeely advised that the City has a very strong and enforceable hotel ordinance. She voiced her opinion that the City does not want "mom and pop" type rentals. Donald Dunn commented that the City should stay a residential community. He believed that existing rental establishments should be grandfathered and new rentals should be more than thirty days. Lamar Russell advised that the City needs to enforce its enforcement standards. He commented that he would rather see people not rent in residential neighborhoods. He questioned how the City can enforce length of stay. He advised that if the City changes the length of stay, then an amortization schedule would need to be established but, he prefers grandfathering existing rentals. Shawn Schaffner agreed with grandfathering existing rentals. He voiced his opinion that he does not want the City to turn into a transient community. He commented that rental stays should be 30 days minimum. Tom Williamson, A1A Requisition Group, spoke on behalf of the Residence Inn and stated that he was asked to speak on behalf of the Radisson Resort, advised that it was disconcerting that the Board is considering changing the 60 day minimum. He further advised that when he checked with the City regarding building a hotel, he was told that he could only build a hotel in the C-1 zoning district on a minimum of five acres, and the City did not mention that you could have the same type of rentals in the R-3 zoning district. He noted that King Rentals, Royal Mansions, and Cape Winds are all advertising three day rentals. Todd Morley, Building Official, responded that Cape Winds, and Royal Mansions were sent Notices of Violation and came into compliance. He noted that the City now has weekend code enforcement twice a month. Bea McNeely commented that it seemed that code enforcement is not proactive, but rather reactive because it only responds when a complaint is received. Leo Nicholas suggested a rental tax be imposed to pay for an additional code enforcement officer. John Fredrickson advised that he wanted a report of all rentals in the City. Pat Rooney, General Manager of Residence Inn, advised that he had a feasibility study performed about two years ago, which revealed that there are approximately 6,000 condominiums, and over 3,000 of them are rented on a transient basis. John Trudeau, owner of three rentals in the City, outlined types of rentals vacationers are looking for. He commented that the City has a bigger problem with long-term rentals than short-term; grandfathering would save the City from any monitoring problems; and rentals are a decreasing trend because of increasing property values. Bob Hoog, Councilman, asked the Board to consider that when a property is sold, the grandfathering ceases for that property. He advised that all rentals should have a license. He commented that allowing single family to rent on the beach is allowing commercial on the beach which changes the use by commercialization on the ocean. Lamar Russell pointed -out that the City has always protected its waterways with solely residential. Leo Nicholas commented that allowing mixed-use in the City invites tourism. Lamar Russell commented that mixed-use would erode the residential use that the City has always protected along the waterways. John Anderson, resident, advised that his property is surrounded by rentals. Some have continuous problems, some do not. He advised that the City needs clear, enforceable standards with sizable penalties. He voiced his opinion that renting is a business and it should be registered, licensed, and taxed accordingly. Planning & Zoning Board Meeting Minutes September 14, 2005 Page 3 Following discussion, the Board agreed that there was a lot more work to do before making any decisions or recommendations. They made a list of concerns, as follows: Length of stay per residential category (research to see if a definite number of days were previously approved); enforcement & performance standards, number of staff to enforce; licensing (all owners of rentals need to be found and notified); penalty provisions; cost of enforcement (salary to provide staff); daily tax and collection; tracking property sales with sundown provision(s) or grandfathering; grandfather existing rental arrangements; define number of occupants allowed; parking, littering, and noise provisions; placard inside the unit outlining standards of acceptable behavior, and a placard posted outside the unit stating the name of manager, emergency phone number(s), and 24 hour contact(s); register with the City; and owner's responsibility to maintain harmony in the neighborhood. The Board asked Todd Peetz to work with the list of concerns and recommendations. He advised that he would be attending the next City Council meeting and would update them regarding the status of this issue. Motion by Bea McNeely, seconded by Leo Nicholas, to instruct Todd Peetz, City Planner, to convey the Board's concerns to City Council at their next meeting and for the Board to continue this discussion at the next meeting. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Special Exception Criteria for Conveyor Systems and Encroachments for Conveyor Systems - Todd Peetz, City Planner. Todd Peetz, City Planner, gave an overview of the draft ordinance. Brief discussion followed. Motion by Lamar Russell, seconded by Donald Dunn to recommend approval of the ordinance to City Council. Vote on the motion carried unanimously. 3. Recommendation to the Board of Adjustment Re: Variance Request No. 05-06 to Allow a Conveyor Belt to be Located Within the Required Setbacks - 245 Challenger Road) - Randy May, Designated Agent for Ambassador Services, Inc.. Petitioner. Todd Peetz, City Planner advised that the Board could deny the Variance request contingent upon the ordinance being adopted by the City or the applicant could withdraw the request. Discussion followed regarding when the draft ordinance would be presented to City Council and the earliest the Petitioner could request a Special Exception. Motion by Leo Nicholas, seconded by Donald Dunn to postpone this agenda item until October 26, 2005. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes September 14, 2005 Page 4 There being no further business for the Board to consider the meeting was adjourned at 9:42 p.m. /J Bea McNeely, Chairperso Dee Alexander, Rec6rding Secretary PLANNING & ZONING BOARD MEETING MINUTES AUGUST 24, 2005 A Regular Meeting of the Planning & Zoning Board was held on August 24, 2005, 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 Leo Nicholas John Fredrickson Donald Dunn Alice Filteau MEMBERS ABSENT Lamar Russell Shawn Schaffner OTHERS PRESENT Susan Chapman Todd Peetz Kate Latorre Rocky Randels Robert Hoog Todd Morley NEW BUSINESS: Chairperson Vice Chairperson 1 st Alternate 2"d Alternate Board Secretary City Planner Assistant City Attorney Mayor Mayor Pro Tem Building Official 1. Approval of Meeting Minutes: August 10, 2005. Motion by Donald Dunn, seconded by John Fredrickson, to approve the meeting minutes of August 10, 2005, as presented. Vote on the motion carried unanimously. 2. Discussion Re: Pad -Mounted Generators — Anthony Garganese, City Attorney. Todd Morley, Building Official, gave an overview of the proposed ordinance. Discussion was held regarding: fuel storage; measuring noise decibels; types of acceptable pads; exhaust; vents; carbon monoxide sensors; distance of encroachment into the required setback; placement of a generator from any structure, fence, or property line; and location of piping and wiring. The Board members made numerous changes to the draft ordinance. Motion by John Fredrickson, seconded by Leo Nicholas, to recommend approval of the draft ordinance with the changes as discussed. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes August 24, 2005 Page 2 3. Discussion Re: Transportation Access Management Proposals — Todd Peetz City Planner. Todd Peetz, City Planner, advised that he intended to attach the Luke Transportation Study, however, he did not know this item was on the agenda. He gave an overview of the draft Cape Canaveral State Road A1A and N. Atlantic Avenue Access Management Plan, dated August 2005, prepared by Miller Legg. He commented that the draft was provided to City staff for comments and was prematurely placed on the agenda. The Board directed City staff to work with the Attorney's office to have proposed recommendations converted into ordinance language. 3. Recommendation to City Council Re: Amending Section 110-538. Relating to Encroachments — Anthony Garganese, City Attorney. Kate Latorre, Assistant City Attorney, gave an overview of the draft ordinance. She advised that research could be performed for additional criteria, if needed. The Board members reviewed the draft ordinance. Randy May, designated agent for Ambassador Services, explained that the conveyor system would be constructed to cross over only the front property setback through the air; the structure would be 20 feet high and would reduce down to 5 feet at the base; the purpose of the structure was to reduce the amount of truck traffic on George King Blvd.; currently, it take four days to unload a ship by truck, and would only take 24 hours using the conveyor system; the operation was twice a month now, and once a week starting in October; and approximately 64,000 tons of rock is unloaded from a ship. Mr. May presented schematics of the property relating to the property lines, location of the conveyor system, and the location of the easement. Discussion followed. Following discussion, the Board agreed that restrictive criteria should be added to City Code Section 110-354, regarding size, number and distance. Todd Peetz, City Planner, advised that he would have a draft ready for the Board's review regarding the criteria at the next meeting. Motion by John Fredrickson, seconded by Leo Nicholas, to recommend approval of the proposed draft, with the wording "conveyor belt" being changed to "conveyor system". Vote on the motion carried unanimously. There being no further business for the Board to consider the meeting was adjourned at 10:05 P.M. ea McNeely, Chairperson l�. Susan Chapman, oar Secretary PLANNING & ZONING BOARD MEETING MINUTES August 10, 2005 A Regular Meeting of the Planning & Zoning Board was held on August 10, 2005, 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 Leo Nicholas Vice Chairperson Lamar Russell City Attorney John Fredrickson Mayor Donald Dunn 1 st Alternate Alice Filteau City Manager Shawn Schaffner 2"d Alternate OTHERS PRESENT Duree Alexander Recording Secretary Todd Peetz City Planner Anthony Garganese City Attorney Rocky Randels Mayor Robert Hoog Mayor Pro Tem Bennett Boucher City Manager Todd Morley Building Official NEW BUSINESS: 1. Approval of Meeting Minutes: July 27, 2005. A motion by John Fredrickson, seconded by Leo Nicholas to approve the meeting minutes of July 27, 2005, as presented. Vote on the motion carried unanimously. NEW BUSINESS: Recommendation to the Board of Adjustment Re: Special Exception Request No. 05-04 to Allow On Premise Consumption of Alcoholic Beverages in the C-1 Zoning District (105 Lincoln Avenue) - Tracy Rac, Commander. Designated ated Aaent for American Leaion Post 348, Inc.. Petitioner. City Planner, Todd Peetz, gave an overview of the request to allow on -premise consumption of alcoholic beverages in the C-1 zoning district. Tracy Rac, Commander of the American Legion, addressed the Board and stated that the American Legion Post was previously located at 8169 Canaveral Blvd. She stated that the new location has sufficient parking and their hours of operation are from 10 am until 11 p.m. Board member, Shawn Schaffner, asked if the organization was currently serving alcoholic beverages. Ms. Rac responded that they are currently serving alcoholic beverages on a donation basis. Planning & Zoning Board Meeting Minutes August 10, 2005 Page 2 Motion by Alice Filteau, seconded by Lamar Russell, to recommend approval of the Special Exception. Vote on the motion carried unanimously. 2. Recommendation to the Board of Adjustment Re: Special Exception Request No. 05-05 to Allow Extension of Area to Serve Alcoholic Beverages (1000 Shorewood Drive, Cape Caribe) - Ron Jon Hospitality, Inc., Designated Agent for Cape Caribe Association, Inc., petitioner. City Planner, Todd Peetz, gave an overview of the request to expand the existing use to serve alcoholic beverages by the pool area. He stated that they would not be adding parking or increase the current seating. Jack Kirschenbaum, Attorney representing the applicant, addressed the Board on behalf of Ron Jon's. Mr. Kirschenbaum advised that Ron Jon's was the property owner's tenant. Mr. Kirshenbaum displayed a poster board explaining the boundaries of the property, the presently leased area, and a drawing of the proposed extension of the leased area. He continued by stating that the entire facility was fenced, and access was granted to the facilities with the use of a guest key. He further explained that the restaurant was open to the public, but patrons could not gain access to the pool area without a guest key. He stated that presently a guest, with the use of a guest key may purchase a drink and take it to the pool area to consume. Chairperson Bea McNeely asked if food would be included in this service. Mr. Kirschenbaum replied that it would. Board Member, Shawn Shaffner, asked if they had plans to provide live entertainment. Mr. O'Keefe, representative of Ron Jon Hospitality, Inc. replied that they currently provide live entertainment during the day; however there were no plans at this time to have live entertainment during the evening hours. There were comments from the audience regarding concerns about the noise coming from the pool area. A motion was made by Bea McNeely, seconded by Lamar Russell, to recommend approval to allow the expansion of the special exception to serve alcoholic beverages. Vote on the motion carried by a majority as follows: John Fredrickson, for; Bea McNeely, for; Leo Nicholas, for, Lamar Russell, for; Alice Filteau, against. 3. Recommendation to the Board of Adjustment Re: Variance Request No 05-06 to Allow a Conveyor Belt to be Located Within the Required Setbacks - (245 Challenger Road) - Randy May, Designated Agent for Ambassador Services, Inc.. Petitioner. City Planner, Todd Peetz, gave an overview of the request. He advised that the request is for a Variance to construct a conveyor belt from the Port Canaveral property to the Petitioner's property located in Cape Canaveral. He noted that the structure will be crossing several property lines, as well as, right-of-way easements. He explained that a property search revealed there were three different owners of the properties in question, and that staff has requested that there be some type of joining or Unity of Title of the properties to reduce the number of property lines to be crossed. Planning & Zoning Board Meeting Minutes August 10, 2005 Page 3 City Attorney, Anthony Garganese, addressed the applicant and requested that the applicant provide a visual diagram of the structure to identify the height and the property lines that would be traversed by this structure. Discussion followed regarding the construction of the structure; the area of the property the applicant was requesting the Variance for; actual height of the structure crossing the property line setback; if the structure was enclosed; and whether the structure will withstand hurricane force winds. Randy May, property owner, testified that the structure would be constructed to cross over only the front property setback through the air; the structure would be 20 feet high at the middle, and reduced to 5 feet at the base; the structure is designed to withstand 160 mile per hour winds; the purpose of the structure was to reduce the amount of the truck traffic on George King Blvd.; and the Port Authority had granted a permanent easement across the adjoining Port Canaveral property. City Attorney, Anthony Garganese, asked the applicant what type of easement the applicant has with Port Canaveral. Mr. Mays replied that he had a permanent 100 -foot easement at the boundary of the Port and the City of Cape Canaveral with perpetual use of the property. Mr. Garganese stated that this was a unique situation in that this may be a jurisdictional boundary issue and that the Board could consider these possibilities; one being that the Board could possibly grant or deny the Variance or consider a legislative change to Section 110-538, Encroachments. Lamar Russell voiced his opinion that this request was simply an encroachment of setbacks and the applicant needed a legislative change. Discussion followed regarding tabling the issue in favor of discussing a legislative change to Section110-538, Encroachments. Motion by Lamar Russell, seconded by Leo Nicholas, to table this agenda item. Vote on the motion carried unanimously. Motion by Lamar Russell, seconded by Leo Nicholas, to agenda this item for the next meeting, as an addendum to Setback Encroachment, Conveyor Belts. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Site Plan for Verizon Wireless Communication Tower (350 Imperial Boulevard) - Verizon Wireless, Inc.. Aoolicant. City Planner, Todd Peetz, advised that the Board had seen this Request before and that the Board of Adjustment approved the site plan at the July meeting, with three conditions: 1) Board of Adjustment waived City landscaping requirements. 2) Applicant must comply with all setback requirements. 3) Special exception is limited to the leased portion of the property as shown on the submitted site plan. Larabell Flowers, Representative for Verizon Wireless, addressed the Board stating that the only change was a 5 -foot error correction regarding the setback. Motion by Leo Nicholas, seconded by Lamar Russell, to approve the Site Plan for Verizon Wireless Communication Tower. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes August 10, 2005 Page 4 OLD BUSINESS Recommendation to City Council Re: Amending Ordinance No. 06-2005, Amending Chapter 110. Zoning, Clarifying the Intent of the R-1, R-2, and R-3 Residential Zoning Districts, Prohibiting Transient Commercial Uses Such as Bed and Breakfasts. Hostels, Hotels, Inns, Lodgings, Motels, or Resorts in Residential Dwelling Units for Periods of Less Than Sixty (60) Consecutive Calendar Days - Anthony Garganese, City Attorney. There was discussion regarding length of stays, unruly guests, number of guests in a residence, the licensing of the short-term rentals, and enforcement. City Manager, Bennett Boucher, suggested that the Board decide the number of allowable days and direct staff to provide criteria for the maximum occupancy, permitting fees, performance standards, enforcement procedures, and possibly amortization of those rentals that had been paying the bed tax and were properly licensed for the last two years for the Board to review before making a recommendation to the City Council. A motion was made by Lamar Russell for staff to compile the requested information for a recommendation to City Council, seconded by John Fredrickson. Vote on the motion carried unanimously. 2. Discussion Re: Pad -Mounted Generators - Anthony Garganese, City Attorney. Building Official, Todd Morley, briefly addressed the Board regarding the draft ordinance regarding pad -mounted generators. He stated that the ordinance was fairly straightforward although some items will need to be discussed: noise levels, encroachment into the setback and generators being located near service entrances. A motion was made by Leo Nicholas to table the item, seconded by Donald Dunn. Vote on the motion carried unanimously. OPEN DISCUSSION Chairperson Bea McNeely requested that all documents and information to be considered by the Board must be included in the meeting packets. All last minute items not included at the time the packets are processed will not be placed on the agenda or considered during the meeting. There being no further business for the Board to consider the meeting was adjourned at 10:20 p.m. Bea McNeely, Chairperson (4urje.eaAle�xanider,&4eec—oradinag Secretary PLANNING & ZONING BOARD MEETING MINUTES JULY 27, 2005 A Regular Meeting of the Planning & Zoning Board was held on July 27, 2005, 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 Leo Nicholas Vice Chairperson Lamar Russell John Fredrickson Donald Dunn 1 st Alternate MEMBERS ABSENT Alice Filteau Shawn Schaffner OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Rocky Randels Mayor Robert Hoog Mayor Pro Tem James Morgan Council Member Bennett Boucher City Manager Todd Morley Building Official NEW BUSINESS: 1. Approval of Meeting Minutes: July 13, 2005. Motion by John Fredrickson, seconded by Leo Nicholas to approve the meeting minutes of July 13, 2005, with the added language on page 2, that Mr. Hoog spoke concerning City liability to ensure proper installation of the generators. Vote on the motion carried unanimously. OLD BUSINESS: Recommendation to Citv Council Re: Amending Ordinance No. 06-2005 Amending Chapter 110, Zoninq, Clarifying the Intent of the R-1, R-2, and R-3 Residential Zoning Districts, Prohibiting Transient Commercial Uses Such as Bed and Breakfasts, Hostels, Hotels, Inns, Lodgings, Motels, or Resorts in Residential Dwelling Units for Periods of Less Than Seven (7) Consecutive Calendar Days - Anthony Garganese, City Attorney, Planning & Zoning Board Meeting Minutes July 27, 2005 Page 2 It was noted that the Agenda item should read ... Dwelling Units for a Period of Less Than Sixty (60) Consecutive Calendar Days. City Attorney, Anthony Garganese, advised that he made changes to the draft ordinance, as requested by the Board, and reviewed the changes. City Manager, Bennett Boucher, encouraged the Board to work on an ordinance that can be enforced, fast and effectively, through the City Citation Program, for infraction of performance standards that the Board recommends. Discussion followed regarding: Making the property owner(s) responsible; identifying that time limits may not be the problem, and recognizing that the problem may be an owner or renter behavior; establishing performance standards; enforcement of individual association rules and regulations; the City establishing a reasonable set of rules for short-term rentals; the City developing a permit or license for rental units; requiring a 24 hour local emergency contact for each rental unit; issuance of a civil citation to the property owner, or lien the property, for violations of noise, disturbances, and property maintenance; enforcement of violations; revocation of the rental permit or license after a number of unresolved complaints is established within a certain period of time. Comments from the audience followed. Following discussion, City Manager, Bennett Boucher, agreed that he would find out how many registered short-term rentals were in the City, and how many complaints have been documented through the Sheriffs Office. Mayor Randels advised that City Council will give a directive to the Sheriffs Office to file case reports when they respond to complaints at residential rental units. Motion by Leo Nicholas, seconded by Lamar Russell, to postpone any recommendation, and continue fact finding at the next meeting. Vote on the motion carried unanimously. 2. Discussion Re: Pad -Mounted Generators - Anthony Garganese, City Attorney. Building Official, Todd Morley, advised that there were conflicts between the draft ordinance and the adopted technical codes. He respectfully requested that the Board reschedule the agenda item, until the next meeting, to allow staff to identify and change the discrepancies. Motion by Mr. Russell, seconded by Mr. Dunn, to postpone this agenda item until the next meeting. Vote on the motion carried unanimously. NEW BUSINESS - CONTINUED Beachside Townhomes First Addition - Final Replat - (506 & 508 Adams Avenue) - Replat of Lot 14, Block 5, Avon by the Sea Subdivision, Section 23, Township 24 South, Ranae 37 East - John Johanson, Applicant. Planning & Zoning Board Meeting Minutes July 27, 2005 Page 3 The Board members reviewed the submitted Final Replat. James Morgan, the project general contractor, testified that he was authorized by the property owner to act on his behalf. Todd Peetz, City Planner, reported that staff reviewed the Final Replat and all requirements have been met. Mr. Morgan explained the location of the townhomes on Adams Avenue. The Board members pointed -out a few Scribner's, errors on the City Planner's report. Motion by Leo Nicholas, seconded by Lamar Russell, to recommend approval of the Beachside Townhomes First Addition Final Replat to City Council. Motion carried by majority, with Mr. Fredrickson not being present at the time of voting. 2. Sea Shell Cay Townhomes - Preliminary Replat - Replat of Lot 1, Harbor Heights Subdivision and Part of Lot A. Tueton's Subdivision, Section 14, Township 24 South, Range 37 East - James E. Morgan, Applicant. Todd Peetz, City Planner, read the conditions of the granted Special Exception for this project. He explained that the Board of Adjustments requested that the applicant come back to the Board for reconsideration of the condition regarding access on Sea Shell Lane. He advised that the applicant was not present at the Board of Adjustment meeting Monday night, however, the applicant can still move forward with the Replat. The Board members reviewed the Preliminary Replat. James Morgan, Applicant, testified that the project met all level -of -service standards for access on N. Atlantic Avenue. He noted that all the trees would be destroyed if the project was required to have all the access on Sea Shell Lane. Chairperson McNeely advised that recommendation of the Preliminary Replat does not excuse the applicant from all the conditions of the Special Exception. Motion by Lamar Russell, seconded by Leo Nicholas, to recommend approval of Sea Shell Cay Townhomes Preliminary Replat. Vote on the motion carried unanimously. There being no further business for the Board to consider the meeting was adjourned at 9:50 P.M. ABea�M�cN 4eely, Chairperson L . Susan L. ap n, oard Secretary PLANNING & ZONING BOARD MEETING MINUTES JULY 13, 2005 A Regular Meeting of the Planning & Zoning Board was held on July 13, 2005, 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 Leo Nicholas Vice Chairperson Lamar Russell John Fredrickson Alice Filteau Donald Dunn 1 st Alternate OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Robert Hoog Todd Morley David Sargeant NEW BUSINESS: Board Secretary City Planner City Attorney Mayor Pro Tem Building Official Fire Chief 1. Approval of Meeting Minutes: June 22, 2005. Motion by John Fredrickson, seconded by Leo Nicholas to approve the meeting minutes of June 22, 2005, as corrected with Council Member, Buzz Petsos, listed as Present at the meeting. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Revised Site Plan Approval for Residence Inn - Allen Engineering, Applicant. Todd Peetz, City Planner summarized the revisions to the site plan. He advised that the building was enlarged by 800 square feet; a pool equipment room was added; and wheel stops were added on a few of the parking spaces to avoid parking conflicts. John Allen, project engineer, explained that additionally, the pool and deck areas were modified; roof drains were added; a manhole was revised and sewer lines were reconfigured; the pavement area was extended on Al A and a deceleration lane was added at the entrance, per the Department of Transportation. The Board members reviewed the revised site plan. John Fredrickson advised that the Public Works Director's staff report was not included. in the packet. Todd Peetz, verified that the Public Works Director reviewed the revised site plan and did not have any concerns. Discussion was held regarding the need for revised site plans to come back to the Board. Todd Morley, Building Official, advised that he would like the authority to administratively approve minor site plan revisions, and asked the Board to consider suggested guidelines for the Building Official to follow. Discussion followed. The Board asked Mr. Morley to create suggested guidelines to bring back to the Board for consideration. Planning & Zoning Board Meeting Minutes July 13, 2005 Page 2 Motion by John Fredrickson, seconded by Leo Nicholas, to recommend approval of the Revised Site Plan for Residence Inn. Vote on the motion carried unanimously. 3. Discussion Re: Pad -Mounted Generators - Todd Peetz, City Planner. Todd Peetz, City Planner, summarized that as a result of last year's hurricanes, homeowners have been requesting pad -mounted generators as emergency back-up, in the event that power is lost. He explained that the problem is that unlike store bought generators, these generators are permanently mounted and connected to the house or unit. Typically, these generators will not be in use with the exception of weekly diagnostic/maintenance or during events when the power is lost from the utility provider. _T He__advised_that-the_.primary_-concerns_are_encroachmentin_the_setback_ and_ noise. Todd Morley, Building Official, explained that on June 21, 2005 the City Council requested that the Planning & Zoning Board develop an ordinance regarding setback encroachments for pad -mounted generators. He advised that he has been approached by members of the electrician community to request the City consider granting relief from setback restrictions for pad -mounted generators. He further explained that a pad - mounted generator is also known as an emergency standby generator, is an electricity - generating device that supplies power to a structure when the normal power delivery is interrupted. He noted that they operate at the noise level of an idling automobile, is normally installed near the electrical or gas meters; they are fueled by natural gas, propane gas, and diesel; and they are self-starting for diagnostic and maintenance purposes at regular intervals. He advised that a recurring problem is that the electrical and gas meters, for most residences, are on the side or rear of the building and the building wall is at or near the limit of the property setback, which leaves little or no room for the pad -mounted generator. He advised that Section 110-538, requires that every part of every required setback shall be open and unobstructed from the ground to the sky, with 14 exceptions, and that this request is to add a 15th exception to this section, enabling pad -mounted generators to encroach into a required setback. He asked that among other issues, the Board may consider: Defining a "pad -mounted generator" and/or "emergency standby generator"; allow encroachments in the rear yard, both side and rear yards, or none; maximum size (which is typically less than 15 sq. ft.); maximum electrical output; limited times -of -day for self-starting for diagnostic/maintenance purposes; decibel (noise) level at property line; and regulating non -emergency use. Bob Hoog, Council Member and licensed Electrician, provided a hand-out of different types of the generator units. He advised that they should be installed in the side of the yard near the electrical meter. He commented that the City should consider regulating these units for safety reasons. He suggested that the units be installed by licensed professionals. Planning & Zoning Board Meeting Minutes July 13, 2005 Page 3 David Sargeant, Fire Chief, agreed with Mr. Hoog that the units should be installed near the electrical meter so that during an emergency where the power meter may need to be pulled, his personnel would see the generator and shut it off preventing electrocution. Chief Sargeant advised that fire fighters normally need 4 ft. of unobstruction but would rather trip over a generator and know its there. He asked the City consider requiring the units be installed by licensed professionals. Discussion followed regarding proper ventilation of the exhaust. Following discussion, the Board directed the City Attorney to draft a proposed ordinance regulating emergency pad -mounted generators, allowing them to be installed in the setback closest to the power meter, and being installed by licensed professionals. 4. Recommendation to City Council Re: Amending Ordinance No. 06-2005. _ Amendinp_Chapter_11.0,_.Zonina, Clarifying -the- Intent- of the-R-1--i-R-2,- and -R -3 ---------- Residential Zoning Districts, Prohibiting Transient Commercial Uses Such as Bed and Breakfasts, Hostels, Hotels, Inns, Lodgings, Motels, or Resorts in Residential Dwelling Units for Periods of Less Than Seven -M Consecutive Calendar Days - Anthony Garganese, City Attorney. Anthony Garganese, City Attorney, stated that he did not have a chance to make the changes to the draft ordinance. He advised that he would have it ready for the next meeting. Discussion followed regarding establishing a transition period; and Brevard County's code on Performance Standards, including: noise, maintenance, on-site 24 hr. security, on-site 24 hr. management, and parking. Attorney Garganese commented that some of the items are already addressed in the code. Mr. Ron Aardeck, a Royal Mansions Board of Director, advised that Royal Mansions is located in the R-3 zoning district, they have 24 hr. on-site security, 24 hr. on-site management, amenities are closed at 10:00 p.m., none of the unit owners are residents, and Royal Mansions is a condominium ownership. Mr. Tom Williamson, a representative for Residence Inn, advised that a transient rental is just that. He made the comment that "if you are going to be a hotel, be one." He advised that hotels invest a lot, they are heavily regulated, in the City they have to be a minimum of 5 acres and have at least 150 rooms. He commented that the City should treat all transient rentals the same, and apply the rules to anyone engaged in a short-term rental business. He further commented that they should have adherence to all life safety and fire regulation, on-site 24 hr. hour management, parking regulations, be licensed and inspected by DBPR, comply with State lodging laws, pay proper taxes, and comply with all ADA regulations. Other citizens in the audience spoke both for and against short-term rentals. Mr. Bob Hoog, Council Member and Resident, suggested that multi -family, with a single ownership of a minimum number of units (6 units), in the R-3 zoning district should be allowed vacation rentals of 7 days, however, less than six units in any residential zoning district should not be allowed rentals of less than 60 days. Mr. Norm Boucher, Resident, agreed with Mr. Hoog and added that they should be required to have 24 hr. management and 24 hr. security. He commented that there should be no vacation rentals in R-1, R-2 & owners with less than six units in R-3 zoning districts for less than 60 days. He pointed -out that this is the fourth meeting he has attended regarding this ordinance and asked that the Board make its recommendation to have it move onto City Council. Chairperson McNeely responded that the Board wanted to see the draft ordinance before making recommendation. She advised that the review of the draft ordinance would be placed as the first item on the Board's next Agenda. Planning & Zoning Board Meeting Minutes July 13, 2005 Page 4 There being no further business for the Board to consider the meeting was adjourned at 10:20 P.M. Bea McNeely, Chairperson pj.,L.t_ Susan L. Chapman, Bo rd Secretary PLANNING & ZONING BOARD MEETING MINUTES JUNE 22, 2005 A Regular Meeting of the Planning & Zoning Board was held on June 22, 2005, 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 Leo Nicholas Vice Chairperson John Fredrickson Donald Dunn 1 st Alternate MEMBERS ABSENT Lamar Russell Alice Filteau Shawn Schaffner 2nd Alternate OTHERS PRESENT Susan Chapman Board Secretary Chris Keller Assistant City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro Tem Bennett Boucher City Manager Todd Morley Building Official NEW BUSINESS: 1. Approval of Meeting Minutes: May 25, 2005. Motion by Leo Nicholas, seconded by John Fredrickson to approve the meeting minutes of May 25, 2005. Vote on the motion carried unanimously. Chairperson McNeely explained the rules of conduct for the meeting. 2. Recommendation to Citv Council Re: Amending Ordinance No. 06-2005 Amending Chapter 110, Zoning, Clarifying the Intent of the R-1, R-2, and R-3 Residential Zoning Districts, Prohibiting Transient Commercial Uses Such as Bed and Breakfasts, Hostels, Hotels, Inns, Lodgings, Motels, or Resorts in Residential Dwelling Units for Periods of Less Than Seven (7) Consecutive Calendar Days - Anthony Garganese, City Attorney. City Attorney, Anthony Garganese, summarized the draft ordinance. Citizens in the audience spoke both for and against the ordinance. The Board members reviewed Brevard County's newly adopted short-term rentals ordinance. Discussion followed. City Manager, Bennett Boucher, advised that the City Council wishes to maintain the integrity of residential neighborhoods. Discussion continued. Planning & Zoning Board Meeting Minutes June 22, 2005 Page 2 Motion by Donald Dunn, seconded by Leo Nicholas, to recommend the City Attorney change the draft ordinance, and bring the requested changes back to the Board for review, prior to making recommendation to the City Council, as follows: Prohibit vacation rentals in any single family dwelling unit, in any zoning district; prohibit rentals of less than 60 days (consistent with Brevard County); and add Brevard County's performance standards. The City Attorney advised that he would also look into amortization provisions. Vote on the motion carried unanimously. Chairperson McNeely called for a five-minute recess. The meeting reconvened at 9:20 p.m. 3. Recommendation to Board of Adiustment Re: Special Exception Reauest No. 05-03 to Allow a Communication Tower in the M-1 Zoning District, (350 Imperial Blvd.) - Section 15, Township 24 South, Range 37 East, Part of Gov't Lot 2 & All of Parcel 816.0 - Sheryl Denan, Representative for Verizon Wireless, Designated Agent. Assistant City Planner, Chris Keller, gave an overview of the request. He advised that City staff reviewed and verified that all required criteria was met, except for the setback. He also advised that the applicant requests relaxation on landscaping. Verizon Representative, Laura Bellflower, testified that the tower would be moved 5 ft. to the east to meet the required setback; the base of the tower and surrounding compound would have adequate screening, with a chain link fence and privacy slats; the monopole was the least intrusive of the other two designs available; it is made of steel, would not need to be painted, and that the FAA and other regulatory agencies do not require a light on the top; the proposed site meets the zoning requirements; the pole would be lower than the Rinker stacks; and should it fail, the tower is designed to fall within 50 ft. of its base. She entered a letter into the record to confirm that the tower is in compliance with FAA regulations; and a letter from the structural engineer confirming that the tower will meet or exceed construction standards. At 10:00 p.m., Chairperson McNeely polled the Board members to extend the meeting time until the completion of the agenda. All the Board members agreed. Sheryl Denan, Applicant, advised that Rinker Materials and another concrete company were not interested in Verizon's request to place a tower on their property. She clarified that Rinker was not interested due to heightened security at the Port since 9/11. Discussion followed regarding requiring the proposals and responses to be in writing. Ms. Denan responded that her sworn testimony should be sufficient to meet the request. City Attorney, Anthony Garganese, noted that a special exception can be rescinded due to false sworn testimony. Discussion followed regarding landscaping requirements. Chris Keller advised that the closest residential district was approximately 650 ft. away from this site. Brief discussion followed. Motion by Leo Nicholas, seconded by John Fredrickson, to recommend approval of Special Exception Request No. 05-03 to the Board of Adjustments with the condition that the project comply with all setback requirements; and landscaping be addressed by the Board of Adjustment. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes June 22, 2005 Page 3 4. Recommendation to City Council Re: Site Plan of Casa Bonita - James E. Morgan, All Shores Construction & Development, Inc., Designated Agent. Assistant City Planner, Chris Keller, advised that the site plan was for a four unit townhouse; the project was located in the C-1 zoning district, with a granted special exception for residential use; staff reviewed the site plan and recommended approval. The Board members reviewed the site plan and tree survey. Brief discussion followed. Motion by Donald Dunn, seconded by Bea McNeely, to recommend approval of the Casa Bonita Site Plan to the City Council. Vote on the motion carried unanimously. There being no further business for the Board to consider the meeting was adjourned at 10:19 P.M. ea McNeely, ChairpersonU Susan'6.-C aapmae; Board Secretary LOCAL PLANNING AGENCY MEETING MINUTES JUNE 8, 2005 A Local Planning Agency Meeting was held on June 8, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to rr order at 7:30 p.m. She introduced and welcomed Shawn Schaffner as a new member. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Leo Nicholas Vice Chairperson Alice Filteau City Attorney John Fredrickson Mayor Pro Tem Donald Dunn 1 st Alternate Shawn Schaffner 2nd Alternate MEMBERS ABSENT Lamar Russell 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: May 25, 2005 Motion by Mr. Nicholas, seconded by Mr. Dunn to approve the meeting minutes of May 25, 2005. Vote on the motion carried unanimously. OLD BUSINESS: 1. Recommendation to City Council: Proposed Ordinance No. 08-2005 for Transmittal to the Department of Community Affairs of a Large Scale Comprehensive Plan Amendment LS -CPA -05-02, Providing for Adoption of the Future Land Use Map by Designating Certain Real Property Within the City_ Containing 7.58 Gross Acres More or Less. and Located Generally Southeast of Thurm Boulevard. from R-3 to C-1 - Rochelle Lawandales Designated Agent for Mermaid Key LLC. Chairperson McNeely explained that this is a petition brought by an applicant. She pointed -out that this request was not a code change. The Board is an advisory board which makes recommendations to the City Council. She outlined different types of motions. She advised that the Board will consider whether or not the request is consistent with the intent of the goals, objectives, and policies of the City's Comprehensive Plan. Local Planning Agency Meeting Minutes June 8, 2005 Page 2 Mr. Peetz, City Planner, outlined the proposed Comprehensive Plan Amendment request. He advised that according to the City's Land Use map the property is currently zoned R-3 multi -family residential. He explained that 113 residential units could be constructed on the property with the current zoning; the applicant desires to build a mixed use development; the property is currently surrounded by commercial retail to the North, vacant and residential to the South, commercial to the East, and single family residential to the West. He verified the level -of -service for parks and recreation, traffic, sanitary sewer, and solid waste. He noted that there are no known historical or archaeological resources on site. He advised that there is a small wetland on site and explained that the applicant would need to obtain a permit from St. Johns River Water Management to build in the wetlands area. He advised that the City does not know at this point what is proposed to be built on the property. He outlined some of the permitted uses in C-1 and advised that adult entertainment is not allowed in the C-1 zoning district. Mr. Pickles, Attorney representing the property owner, introduced Ms. Lawandales, the Designated Agent and Professional Planner for Mermaid Key LLC. He clarified his request to change -the order of the last meeting agenda. He explained that the City could consider the idea of mixed-use developments before considering changing a specific land use designation on a certain piece of property. He advised that the City staff has reviewed the submittal requests. He pointed out that the applicant is not asking for all properties in the City that are currently zoned R-3 to be changed; the land use designation would need to be changed to C-1; 113 residential units could be constructed if the property remains R-3. He explained that if the intent of this property owner was to simply rezone his property to C-1, they would have requested the rezoning two years ago. He clarified that his client is requesting a mixed-use for both commercial and residential. Ms. Lawandales spoke about the Comprehensive Plan and it being a working document. She reiterated that the property can be developed R-3; they are asking the City to consider a new look and economic opportunity. She advised that mixed-use land uses are becoming more popular with a diversity type lifestyle. She pointed out the existing land uses surrounding this property from the City's Future Land Use map. She noted that R-3 and C-1 zonings both have the same height limitations of 45 ft., and setbacks are more restrictive in the C-1 zoning district. She advised that the property is located along A1A and Thurm Boulevard and is 7.58 acres. She explained that three acres would remain R-3, and the current parcel zoned C-1 would remain C-1. Ms. Lawandales gave examples of existing mixed-use developments throughout the State. Mr. Nicholas explained that the issue is to consider changing the zoning from R-3 residential to C-1 commercial, and the Board needs to consider if C-1 is compatible. He voiced his concern that the applicant is trying to combine the two agenda items. He explained that the property is located next to waterfront property which would allow anyone along the ocean and the river to do the same thing. Mr. Garganese, City Attorney, explained that each request would need to be considered individually. He advised that the Board needs to look at and focus on this application and decide if it is compatible with the surrounding areas. He further advised that C-1 zoning under the code has a list of allowable uses. Chairperson McNeely pointed -out that the City has fought for years to keep its waterfront properties free of commercial uses. Local Planning Agency Meeting Minutes June 8, 2005 Page 3 Residents voiced their concerns about the City setting a precedent if this request is approved; traffic flow and congestion; safety; not being able to see what is proposed before making a recommendation; this property being located along a waterway; nothing preventing this property owner from building a hotel if the property is rezoned C-1; environmental impact; removal of Mangroves and hardwood trees; destroying wetlands rather than protecting them; and protecting what is in the best interest of the City and its residents. Discussion followed. Chairperson McNeely voiced her opinion that this request is not compatible with the area. Mr. Dunn voiced his opinion that commercial uses should not be located anywhere along the water and explained that he is not against mixed use, but it does not belong on this property. Mr. Nicholas asked the Board to consider what is most beneficial to the City and did not believe that this waterfront property being rezoned commercial is in the best interest of the City. Ms. Filteau did not feel comfortable with the City shutting the door on mixed use and believed that an R-3 development with 113 units will create a traffic problem. Mr. Schaeffner advised that he does not support changing the zoning from residential to commercial. Brief discussion followed. Motion by Mr. Dunn, seconded by Mr. Nicholas to recommend denial of Proposed Ordinance #08-2005. Vote on the motion carried unanimously. 2. Recommendation to City Council: Proposed Ordinance No 09-2005 for Transmittal to the Department of Community Affairs of Large Scale Comprehensive Plan Text Amendments Amending the Future Land Use Element, Obiectives LU -3 and LU -8 - Policies to Allow for Mixed -Use Development - Rochelle Lawandales, Designated Agent for Mermaid Key LLC: and the City of Cape Canaveral. Mr. Peetz, City Planner, advised that the City is requesting the amendment to Objective LU -3, and the applicant is requesting the text amendment to Objective LU -8. He explained that the request from the City is to amend Objective LU -3 by adding Policy LU - 3.4 to clarify consistency with the City's special exception application requirements. Motion by Chairperson McNeely, seconded by Mr. Nicholas to recommend approval of proposed Text Amendment LU -3. Vote on the motion carried unanimously. Mr. Peetz, City Planner, advised that this proposed Text Amendment to LU -8 was put forth by the applicant. Mr. Peetz read the proposed text changes. Mr. Fredrickson questioned why the agenda items were not reversed, as requested by the applicant, at the last meeting. Mr. Peetz responded that the rationale behind the order of the agenda was so that everyone within 500 ft. of the property would have time to speak. He advised that the applicant can withdraw their request up to the time of adoption. Mr. Nicholas advised that there are no mixed-use developments in the City, and this request, brought by the applicant, is to allow mixed-use in the City. The Board members reviewed and held discussion regarding the proposed text. Local Planning Agency Meeting Minutes June 8, 2005 Page 3 Due to the late hour, Chairperson McNeely asked for consensus of the Board members to continue the meeting past 10:00 p.m., which requires a unanimous vote. Mr. Fredrickson agreed, Mr. Nicholas disagreed. Motion by Ms. McNeely, seconded by Mr. Nicholas to deny Text Amendment LU -8. Vote did not carry with (3) members voting against and (2) voting for the motion with members voting as follows: Mr. Dunn, against, Ms. Filteau, for; Mr. Fredrickson, against; Ms. McNeely, for, Mr. Nicholas, for. Discussion followed regarding the agenda item. Mr. Nicholas left the meeting at 10:10 p.m due to another commitment. Attorney Garganese pointed -out that the Board only makes a recommendation and advised that the City Council has the authority to take the application away from the Board if recommendation on a request is delayed by the Board. Ms. Lawandales, applicant, advised that the conditions discussed by the Board were agreeable. Motion by Mr. Dunn, seconded by Mr. Schaffner to adjourn the meeting at 10:15 p.m. Vote on the motion carried unanimously. Ms. Filteau made a motion to recommend approval with certain conditions. The motion died for lack of a second vote. Discussion followed. Mr. Dunn suggested that the Applicant, and City Planner, clarify the words in the application. Mr. Pickles, Attorney for the applicant, responded that any more time delays would not be feasible for the Applicant. Discussion followed. Motion by Ms. Filteau, seconded by Chairperson McNeely, to recommend City Council consider amending the text to Future Land Use Element, Objective LU -8 with the following revisions: • Policy LU -8.2 (3) read as follows: All commercial must be contained within 1/4 mile or less of the adjacent arterial roadway, but not within 300 feet of the Banana River, or 2,500 ft. of the Atlantic Ocean shoreline. • Policy LU -8.2 (5) read as follows: The MUD shall be permitted by a special exception within the C-1 commercial zoning district contained within the City's land development regulations. • Policy LU -8.10 (h) read as follows: MUD's shall be required to submit a master development plan for all lands under common ownership to be included within the MUD, although it may be developed in phases; and the property shall be maintained by the owners associations. • The property must be a minimum of 7 1/2 acres. • There shall be a executed Development Agreement. • The property use shall be a maximum of 80%/20% split. Motion carried by a 3 to 2 majority vote as follows: Mr. Dunn, for; Ms. Filteau, for; Mr. Fredrickson, for; Ms. McNeely, against; Mr. Schaffner, against. Local Planning Agency Meeting Minutes' June 8, 2005 Page 4 The meeting ended at 10:26 p.m. Bea McNeely, Chairperson Su n L. ar Secretary PLANNING & ZONING BOARD MEETING MINUTES MARCH 9, 2005 A Regular Meeting of the Planning & Zoning Board was held on March 9, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:35 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Leo Nicholas Vice Chairperson John Fredrickson City Attorney Walter Schoenfeld Assistant City Attorney Alice Filteau 1 st Alternate Donald Dunn 2nd Alternate MEMBERS ABSENT Lamar Russell (Excused) OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Kate Latorre Assistant City Attorney Rocky Randels Mayor Robert Hoog Mayor Pro -Tem Todd Morley Building Official All persons giving testimony were sworn in by City Attorney Garganese. NEW BUSINESS: 1. Approval of Meeting Minutes: February 23 2005 (Workshop Meeting and Regular Meeting). Motion by Leo Nicholas, seconded by Bea McNeely to approve the meetings minutes of February 23, 2005. Vote on the motion carried unanimously. 2. Discussion Re: Requirements for Street Lighting - City Planner. Todd Peetz, City Planner, advised that the City currently does not have a code to regulate street lighting. He gave an overview of various cities street lighting ordinances. Brief discussion followed. The Board members agreed to consider regulating street lights during the review of Chapter 110. 3. Discussion Re: Submittal Requirements for Special Exceptions and Variances _- City Planner. Todd Peetz, City Planner, explained that a recent special exception application submittal was not sufficient to allow the Board to make a decision and additional exhibits were necessary. The additional information requested by the Board delayed the applicant. He suggested adding criteria to the submittal requirements which include: a detailed drawing of the property, building elevations, and photographs of the site. Anthony Garganese, City Attorney, advised that he was revamping the procedures to streamline the review process and will distribute the draft procedures by the next meeting. Planning & Zoning Board Meeting Minutes March 9, 2005 Page 2 The Board members requested that the Board of Adjustments be invited to the joint workshop meetings when the city begins reviewing Chapter 110. 4. Review and Recommendation to City Council Re: Proposed Ordinance to Change Site Plan Approval Procedures - City Attorney. Chairperson McNeely advised that she disagreed with this change. She voiced her concerns regarding: time lines involved between scheduled meetings; additional expenses to the City and developer; why this change?; Council members are sometimes also developers and contractors; and what could the City Council negotiate with the developers? Mr. Nicholas commented that he was concerned that City Council has so much on their plate that they may rush through these approvals, however, his main concern was that a technical decision by the Planning & Zoning Board may be overturned by a political decision by City Council. Chairperson McNeely agreed with Mr. Nicholas. Ms. Filteau voiced her concern that this change would delay the process for approval. Dr. Fredrickson had no comment but questioned the change. Mr. Schoenfeld voiced his concerns regarding time and expense. Mr. Dunn commented that he did not believe the process should be changed without an creditable reason; and did not believe that the City Council could have denied the Oak Park site plan. Mr. Peetz advised that the change would provide an alternative to a bad decision when the code does not address certain situations that are not good for the City. He questioned the turn around time that the developer would expect to be scheduled on the City Council agenda after recommendation by the Planning & Zoning Board. Mr. Roger Combs, citizen and developer, commented that additional time for approval is a consideration for the developer. He advised that development agreements are good for everyone. He suggested that the site plans be forwarded to City Council at the same time they are given to the Planning & Zoning Board. Discussion followed regarding time lines between scheduled meetings. Mr. Dunn suggested that City Council consider a sufficient amount of time between meetings for staff to prepare the necessary documentation. The Board members reviewed and discussed the draft ordinance. The Board suggested various changes throughout the ordinance. Attorney Garganese advised that he would make the changes as requested. Motion by Dr. Fredrickson to recommend approval of the ordinance. Motion died for lack of a second. Motion by Chairperson McNeely to deny the proposed ordinance. Motion died for lack of a second. Motion by Ms. Filteau, seconded by Dr. Fredrickson to recommend the ordinance with the noted changes during discussion, with consideration of an established timeline for scheduling a site plan after recommendation on an upcoming City Council agenda. Vote on the motion carried by a (4) to (1) majority, with members voting as follows: Ms. Filteau, for; Dr. Fredrickson, for; Ms. McNeely, against; Mr. Nicholas, for; Mr. Schoenfeld, for. Planning & Zoning Board Meeting Minutes March 9, 2005 Page 3 5. Discussion Re: Oak Park Condominiums - City Attorney. Kate Latorre, Assistant City Attorney gave a summary legal opinion in response to the Planning & Zoning Board's concerns regarding its site plan approval of the Oak Park Condominium project and the allegedly perjurious testimony of William "Dude" Braselton, Vice President of Oak Park of Brevard, Inc., at the September 22, 2004 Board meeting. She advised that there is no clear and convincing evidence showing whether or not Mr. Braselton's sworn testimony at the September 22, 2004 P & Z meeting constituted perjury. She explained that the City Attorney's recommendations include a joint planning agreement with Brevard County concerning the issuance of driveway permits. Another recommendation was to include new code language that would allow the City to temporarily suspend or revocation of site plans or other land use decisions based upon fraudulent or misleading statements. There being no further business for the Board to consider the meeting was adjourned at 9:30 P.M. Xa6,� Bea McNeely, Chairperson Susan oard Secretary PLANNING & ZONING BOARD WORKSHOP MEETING WITH CITY COUNCIL MEETING MINUTES MARCH 9, 2005 A Workshop Meeting of the Planning & Zoning Board was held on March 9, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 6:00 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Leo Nicholas Vice Chairperson Lamar Russell John Fredrickson Alice Filteau 1 st Alternate Donald Dunn 2nd Alternate MEMBERS ABSENT Lamar Russell (Excused) Walter Schoenfeld CITY COUNCIL MEMBERS PRESENT Rocky Randels Mayor Robert Hoog Vice Mayor James Morgan Buzz Petsos CITY COUNCIL MEMBERS ABSENT Steve Miller OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Kate Latorre Todd Morley DISCUSSION: Board Secretary City Planner City Attorney Assistant City Attorney Building Official 1. City Code Review - Chapter 102 - Landclearing. City Attorney, Anthony Garganese reviewed the draft landclearing ordinance, starting with Section 102-43. Discussion was held regarding creating a separate Section for single family residences. The Board members and City Council reviewed the draft ordinance up to Section 102-45. Planning & Zoning Board Workshop Meeting with City Council March 9, 2005 Page 2 The next workshop meeting was scheduled for 5:00 p.m. next Tuesday, March 15, 2005, before the regular City Council meeting. The workshop meeting was adjourned at 7:32 p.m. C Sea McNeely, Chairperso Susa and Secretary PLANNING & ZONING BOARD WORKSHOP MEETING WITH CITY COUNCIL MEETING MINUTES FEBRUARY 23, 2005 A Workshop Meeting of the Planning & Zoning Board was held on February 23, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 6:00 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Leo Nicholas Lamar Russell John Fredrickson Alice Filteau Donald Dunn MEMBERS ABSENT Walter Schoenfeld Chairperson Vice Chairperson 1 st Alternate 2nd Alternate CITY COUNCIL MEMBERS PRESENT Rocky Randels Mayor Robert Hoog Vice Mayor James Morgan Buzz Petsos CITY COUNCIL MEMBERS ABSENT Steve Miller OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Kate Latorre Todd Morley DISCUSSION: Board Secretary City Planner City Attorney Assistant City Attorney Building Official 1. City Code Review - Chapter 102 - Landclearing. City Manager, Bennett Boucher explained that City Attorney, Anthony Garganese started a working draft based on a prior City Council workshop and meeting with City staff. Mr. Boucher gave a brief overview of the Board packet information and advised that City Council adopted an ordinance placing a moratorium for land clearing permits for 60 days. Mayor Randels advised that this came about as a result of developers removing vegetation at new project sites. He explained that the code is outdated and should be updated to preserve existing vegetation. City Attorney Garganese explained that he provided an incomplete draft, amending Chapter 102, to encourage protection and preservation of the maximum number of viable trees, enhance vegetation, and create green area. Planning & Zoning Board Meeting Minutes February 23, 2005 Page 2 Lamar Russell commented that drainage facilities can result in the removal of a lot of trees. The Board members discussed the Ocean Woods development as an example for saving trees. Discussion followed regarding retention ponds, water retention, percolation, stormwater, common retention areas with adjoining properties, creating incentives for saving trees, requiring a tree survey with an overlay of what trees are existing and what improvements are proposed, reducing densities and increasing height. The Board members and City Council reviewed and discussed the proposed updated definitions, enforcement and penalties, mitigation, permits and application requirements, and permitting exceptions for emergency removal from permitting requirements. Followed were comments from the public followed. The Board members and City Council reviewed the ordinance draft through page 8. The next workshop meeting was scheduled for 5:00 p.m. next Tuesday, March 1, 2005, before the regular City Council meeting. The workshop meeting was adjourned at 7:55 p.m. 79 L. Susan L. an, Boa d Secretary Bea McNeely, Chairperson LOCAL PLANNING AGENCY MEETING MINUTES MAY 25, 2005 A Local Planning Agency Meeting was held on May 25, 2005, 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 Leo Nicholas Vice Chairperson Lamar Russell John Fredrickson Donald Dunn 1 st Alternate MEMBERS ABSENT Alice Filteau 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. She announced that the Planning & Zoning Board would meet immediately following this meeting. NEW BUSINESS: Recommendation to City Council: Proposed Ordinance No 07-2005 for Transmittal to the Department of Community Affairs of a Large Scale Comprehensive Plan Amendment LS -CPA -05-01 Providing for Adoption of the Future Land Use Map by Designating Certain Real Property Within the City, Containing 5.38 Gross Acres More or Less and Located Generally Along N Atlantic Avenue South of Cape Shores Drive and North of Holman Road from C- 1 to R-2 and R-3 - Roger D. Combs, Designated Agent for Banana River L.P. Todd Peetz, City Planner, explained the request. He described the surrounding zoning and uses; density; and traffic generation. He requested that the Board consider all 361 ft. of property depth to avoid leaving a small strip of commercial. Steve Porter, principal owner of the Corporation, noted that this was a family redevelopment project. He advised that they planned to preserve as many trees as possible. He noted that the project would enhance the community. The Board and audience reviewed architectural renderings of the proposed project. Mr. Porter explained that two-story buildings were proposed along A1A and five -story buildings along Holman Road. Ralph Shepard, resident of Cape Shores questioned the setbacks from Holman Road and requested that Cape Shores Drive not be used for construction equipment. Lorraine Stick, resident of Cape Shores voiced her concern regarding construction traffic. Mr. Russell advised that the developer would need permission from Cape Shores to use Local Planning Agency Meeting Minutes May 25, 2005 Page 2 Gail Gaul, resident of 209 Holman Road, opposed the request because a five -story building was proposed to be constructed just 15 ft. from her property, which would deprive her of privacy and depreciate her property value. Mary Jane Freeland, a land planner and expert witness for Ms. Gaul, advised that the concern is solely about building height from 25 ft. to 45 ft.. She advised that Ms. Gaul's property is located in the R-1 zoning district, and is located only 15 ft. from a proposed five -story building. She noted that a single family residence is not compatible with a five -story building. She requested that the southern portion of the proposed project be rezoned to R-2 because there is a transitional land use. John Porter, resident of 215 Holman Road and family member of the proposed project, advised that the height limit for commercial (C-1) is 45 ft. He explained that when Ms. Gaul purchased her property it was zoned R-3 and she built a single family residence. Mr. Porter advised that he and his family have always envisioned developing this property. He built his single family home to buffer between Holman Road and this project. He advised that he will install intensive landscaping to buffer this project. Ms. Freeland advised that it was impossible to buffer a 45 ft. building that is located within 15 ft. of another property. Anthony Garganese, City Attorney, explained that the issue was whether this requested land use designation was appropriate and compatible with surrounding properties. He pointed out that the property could be developed commercial (C-1), with a height limit of 45 ft. He advised that there is no question that compatibility will be an issue. Discussion was held regarding buffering, zoning, existing commercial uses, and compatibility. Mr. Russell advised that compatibility would be considered during the site plan review process. Mr. Dunn questioned if the developer would consider changing the entire property from C-1 to R-2. Roger Combs, Project Coordinator, responded that they looked at and evaluated that question, but concluded that it would not be cost effective to build all R-2. Motion by Lamar Russell, seconded by Bea McNeely to recommend approval to transmit proposed Comprehensive Plan Amendment LS -CPA -05-01, (195 ft.) from A1A, C-1 to R- 2; and the remaining portion (166 ft.) be designated from C-1 to R-3. Vote on the motion carried by a 3 to 2 vote with members voting as follows: Donald Dunn, against; John Fredrickson, against; Bea McNeely, for; Leo Nicholas, for; and Lamar Russell, for. Chairperson McNeely called for a five minute recess. The Meeting reconvened at 8:55 p.m. 2. Recommendation to City Council: Proposed Ordinance No 08-2005 for Transmittal to the Department of Community Affairs of a Large Scale Comprehensive Plan Amendment LS -CPA -05-02 Providing for Adoption of the Future Land Use Map by Designating Certain Real Property Within the City Containinq 7.58 Gross Acres More or Less and Located Generally Southeast of Thurm Boulevard, from R-3 to C-1 - Rochelle Lawandales Designated Agent nt for Mermaid Key LLC. Local Planning Agency Meeting Minutes May 25, 2005 Page 3 3. Recommendation to City Council: Proposed Ordinance No. 09-2005 for Transmittal to the Department of Community Affairs of Large Scale Comprehensive Plan Text Amendments, Amending the Future Land Use Element, Objectives LU -3 and LU -8 - Policies. to Allow for Mixed -Use Development - Rochelle Lawandales, Designated Agent for Mermaid Key LLC: and the City of Cape Canaveral. Tim Pickles, Attorney for the Applicant, requested that the agenda items be changed. He requested that agenda item 3 be considered before item 2 so that the mixed use development policies and objectives could be debated first. Discussion followed. Motion by Lamar Russell, seconded by Leo Nicholas to postpone items 2 and 3 until June 8, 2005 at 7:30 p.m. Vote on the motion carried unanimously. Attorney Pickles inquired if there was anything specific that would make it easier for the Board. He explained that he requested that the text amendments be considered first because if the City does not want mixed use then they would not need a comprehensive land use amendment to develop R-3. 4. Recommendation to City Council: Proposed Ordinance No. 10-2005 for Transmittal to the Department of Community Affairs of a Large Scale Comprehensive Plan Text Amendment. Relevant to the Coastal Management Element, Objective CM -4 to Require Florida Department of Environmental Protection Approval for New Development East of the Coastal Construction Control Line - City of Cape Canaveral, Applicant. Todd Peetz, City Planner advised that many of the pre-existing developments are located east of the coastal construction control line. The Board members reviewed the proposed ordinance. City Attorney, Anthony Garganese, gave an overview of the proposed changes. Discussion followed. Motion by Bea McNeely, seconded by Donald Dunn to recommend approval of proposed Ordinance No. 10-2005, with changes as discussed. Vote on the motion carried unanimously. There being no further business for the Board to consider the meeting was adjourned at 9:30 p.m. )_�U XU/IW PeaMcNeely, Chairperson Susan L. Chapman, Bo rd Secretary PLANNING & ZONING BOARD MEETING MINUTES MAY 25, 2005 A Regular Meeting of the Planning & Zoning Board was held on May 25, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 9:31 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Leo Nicholas Vice Chairperson Lamar Russell John Fredrickson Donald Dunn 1 st Alternate MEMBERS ABSENT Alice Filteau 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 NEW BUSINESS: 1. Approval of Meeting Minutes: May 11, 2005. Motion by John Fredrickson, seconded by Lamar Russell to approve the meeting minutes of May 11, 2005. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Amending Ordinance No 06-2005 Amending Chapter 110, Zoning. Clarifying the Intent of the R-1 R-2 and R-3 Residential Zoning Districts, Prohibiting Transient Commercial Uses Such as Bed and Breakfasts, Hostels, Hotels, Inns Lodgings Motels or Resorts in Residential Dwelling Units for Periods of Less Than Seven (7) Consecutive Calendar Days - Anthony Garganese, City Attorney. The Board members reviewed the proposed ordinance. City Attorney, Anthony Garganese, gave an overview of the proposed changes. Discussion followed. Leo Nicholas commented that the City should preserve the integrity of the single family residential neighborhood. Lamar Russell commented that transients are loud and less responsible. Citizens in the audience spoke both for and against the ordinance. City Manager, Bennett Boucher, advised that he would obtain a copy of Brevard County's new ordinance for the next Board meeting. Planning & Zoning Board Meeting Minutes May 25, 2005 Page 2 Motion by Leo Nicholas, seconded by Bea McNeely to postpone this agenda item until the next meeting. Vote on the motion carried unanimously. There being no further business for the Board to consider the meeting was adjourned at 10:20 p.m. Bea McNeely, Chairperson Lt Susan L. apman, Board Secretary PLANNING & ZONING BOARD MEETING MINUTES MAY 11, 2005 A Regular Meeting of the Planning & Zoning Board was held on May 11, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:35 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Leo Nicholas Vice Chairperson Lamar Russell John Fredrickson Alice Filteau Donald Dunn 1st Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney All persons giving testimony were sworn in by City Attorney Garganese. NEW BUSINESS: Approval of Meeting Minutes: April 13, 2005. Motion by Leo Nicholas, seconded by Bea McNeely to approve the meeting minutes of April 13, 2005. Vote on the motion carried unanimously. 2. Recommendation to the Board of Adiustment Re: Special Exception Reauest No. 05-02 to Allow Residential Use in the C-1 Zoning District - (Shady Villas) - Section 14, Township 24 South, Range 37 East, Lot 1, Harbor Heights West Subdivision, and Parcel A-16 (Corner of Seashell Lane and N. Atlantic Avenue) - All Shores Construction & Development, Inc./James E. Morgan, Petitioner. Todd Peetz, City Planner, gave an overview of the request and verified that the request was consistent with the Comprehensive Plan. The Board reviewed the special exception worksheet. Todd Peetz verified that he answered all the questions to the best of his knowledge. Lamar Russell discussed rezoning by special exception. Todd Peetz commented that the City has not rezoned, only allowed a different type of use. Anthony Garganese explained that if the applicant meets the criteria for a special exception, consistent with the Comprehensive Plan, then he is entitled to the special exception. He further explained that the City has historically granted residential use in the C-1 zoning district, which is considered a policy decision. Discussion followed. Anthony Garganese advised that it should be clarified in the Comprehensive Plan to allow residential in the C-1 zoning district. Lamar Russell pointed out that the zoning map and land use maps should be consistent. Planning & Zoning Board Meeting Minutes May 11, 2005 Page 2 James Morgan, Petitioner, testified that he could construct a three story commercial building however, he believed that residential would be a better use for the City and residents of the Harbor Heights subdivision. He advised that a granted special exception has expired on one part of the property. Leo Nicholas commented that one of the previous property owners replatted the property on Seashell Lane and there exists one single family residence located on the middle lot. He explained that now it is possible that commercial could be built adjacent to the single family home. He voiced his opinion that residential would be more compatible. The applicant noted that he has not received a road cut permit and would work with the City to obtain the best access. A resident at 211 Coral Drive made comments regarding: Properties on Seashell Lane that were being sold as three individual lots; tax increases; traffic congestion on N. Atlantic Avenue from all the new residential construction; concerned with the residences accessing on Harbor Drive rather than N. Atlantic Avenue; and questioned what the existing zone was on the three lots. Todd Peetz responded that the property is zoned C- 1, and the granted special exception for residential use has expired. Chairperson McNeely responded that the City, as well as the residents, is concerned with the traffic congestion. James Morgan advised that the code allows them to construct up to nine units instead of the four units, as proposed, and agreed to a condition that only up to four units would be developed. Motion by Lamar Russell, seconded by Leo Nicholas, to recommend approval of the Special Exception to the Board of Adjustments with the condition that not more than four units would be developed on the property. Vote on the motion carried unanimously. 3. Recommendation to the Board of Adjustment Re: Special Exception Request No. 03-07 - (Six Residential Units on Holman Road) - Request for a twelve month time extension - Vinod Kalida, VK and MK Development, Inc. Petitioners. Todd Peetz, City Planner, explained that this was the special exception granted to Mr. Venable. He advised that the special exception was approved for six units, and the new property owners only want to build five units. He noted that in two weeks the developer on the north side of this property was requesting developing 100 residential units, and commented that this is a much smaller request. He advised that a site plan will need to be submitted. Discussion followed regarding Mr. Venable's request and the number of units that were proposed. Ms. Kalidas testified that they only want to build five condominium units on the property. Leo Nicholas commented that it appeared to be a reasonable request and the lower density is an asset to the City. Lamar Russell agreed. Motion by Leo Nicholas, seconded by Lamar Russell to recommend approval of the time extension request based on the new owners and new development design, with the understanding to build five units. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes May 11, 2005 Page 3 4. Recommendation to City Council Re: Draft Ordinance Amendina Chanter 110. Anthony Garganese, City Attorney, gave an overview of the proposed ordinance. He explained that the amendments will bring Chapter 110 up to date to comply with current legislation, case law, and clarify the quasi judicial sections of the code. The Board members reviewed the draft ordinance. Discussion followed and the Board made numerous recommended changes. Motion by Lamar Russell, seconded by John Fredrickson to recommend approval of the Ordinance amending Chapter 110. Vote on the motion carried unanimously. OPEN DISCUSSION The Board directed Todd Peetz to pursue the City administratively rezoning the northern lot (Lot 3) on Seashell Lane to R-1. There being no further business for the Board to consider the meeting was adjourned at 9:45 p.m. SAN Bea McNeely, Chairper-y--f �- Susan— L: Chapm n, goard Secretary PLANNING & ZONING BOARD MEETING MINUTES APRIL 13, 2005 A Regular Meeting of the Planning & Zoning Board was held on April 13, 2005, 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 Leo Nicholas Vice Chairperson Lamar Russell John Fredrickson Alice Filteau 1st Alternate Donald Dunn 2nd Alternate MEMBERS ABSENT Walter Schoenfeld OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney All persons giving testimony were sworn in by City Attorney Garganese. NEW BUSINESS: 1. Approval of Meeting Minutes: March 23, 2005. Motion by Lamar Russell, seconded by John Fredrickson to approve the meeting minutes of March 23, 2005. Vote on the motion carried unanimously. 2. Motion Re: First Addition to Beachside Townhomes - Preliminary Replat - Request for Time Extension - John Johanson, Applicant. Todd Peetz, City Planner, explained that Mr. Johanson has not obtained a building permit for the construction. Susan Chapman, Board Secretary, read code Section 98-47 regarding time limits. She advised that Mr. Johanson completed the first phase of this two phase project. She verified that Mr. Johanson has not obtained building permits for construction. She clarified that that the Board could grant a one six-month extension of time, for good cause, according to the code. John Johanson, Applicant, advised that this replat was for a two -unit townhouse and the hurricanes delayed his project. He respectfully requested that the Board grant him a six- month extension, even though he planned to begin construction within the next few months. Discussion followed. Motion by Lamar Russell, seconded by Mr. Nicholas to approve the request for a six- month extension of the Preliminary Replat for First Addition to Beachside Townhomes. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes April 13, 2005 Page 2 3. _Motion Re: Portside Villas - Revised Site Plan (Entry Gates) - John Wilt, Allen Enaineerina. Todd Peetz, City Planner, advised that the Board previously reviewed another revision to this project for the pool area however, the revision to the security gates at the entrance was not ready at that time. He advised that the City staff reviewed the revision to the entry gates and noted that the City Engineer's comment regarding the traffic pattern has been addressed. He verified that there are no problems with setbacks. Discussion followed regarding traffic backup on N. Atlantic Avenue at Villages of Seaport waiting for the owners to go through the entrance gate. John Wilt, representative for Allen Engineering, advised that a guardhouse was removed and gates added at the entrance. He explained that there will be two stacking areas. He verified that the project is being advertised as a gated community. Discussion followed regarding traffic congestion on N. Atlantic Avenue and how this revision to add gates could increase the current condition; and time frame for improvements on N. Atlantic Avenue. Mr. Russell noted that it was the best interest of the City to keep the flow of traffic moving. The Board inquired about the traffic study that should have been ready months ago. Todd Peetz responded that the first draft has been reviewed by City staff and the final draft should be ready by the next meeting. The Board also discussed placing a condition on the approval that the gates not be activated and kept open until the improvements are made on N. Atlantic Avenue. City Attorney Garganese advised that he could write a development agreement. Discussion followed regarding the Board making recommendations to the City Council. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend approval of the revised site plan with the proviso that the development agreement stipulate that the gates shall be kept open and not be activated until the road improvements are completed on N. Atlantic Avenue. Vote on the amendment carried unanimously. Vote on the main motion, as amended, carried unanimously. 4. Motion Re: Chadwick Townhomes - Preliminary Reolat - Charles and Katherine Chadwick, Property Owners. Todd Peetz, City Planner advised that this was a request for approval of a preliminary replat for a two -unit townhouse located on the north side of Madison Avenue. He further advised that city staff reviewed the preliminary replat and recommends approval. Charles Chadwick, property owner, testified that he lives at 411 Madison Avenue which is located directly across the street from this property. He advised that he will save as many trees as he can. Discussion followed regarding tree protection and the amended landscape code. City Attorney Garganese advised that the applicant would need to seek approval from City Council for tree removal. He pointed out a few typos in the dedication. Mr. Chadwick advised that he would have the surveyor make the corrections. IMI -, Planning & Zoning Board 00 Meeting Minutes April 13, 2005 Page 3 Motion by Lamar Russell, seconded by Alice Filteau to approve the preliminary replat for Chadwick Townhomes. Vote on the motion carried unanimously. DISCUSSION: Bea polled the Board members to add some discussion items. Lamar Russell questioned why there was no vote or discussion by City Council on the proposed scooter ordinance. He advised that he spoke with Councilman Hoog before this meeting who did not recall the issue on an agenda. He questioned if City Attorney Garganese inquired to the City Council why no action was taken, as requested by this Board, at the last meeting. Attorney Garganese responded that due to the late hour of the last council meeting, some of the items on the agenda were not even addressed. Mr. Russell requested a copy of the City Council meeting tape and a copy of the agenda and meeting minutes where the ordinance should have been addressed. Todd Peetz gave an update on the density issue. He advised that the issue will be on the next City Council agenda next Tuesday night. Todd Peetz asked if the Board would consider canceling the next meeting because there were no paying applicants for new business, the only item that could possibly be on the next agenda would be to review the proposed draft ordinance amending Chapter 110. Motion by Chairperson McNeely, seconded by Vice Chairperson Nicholas to cancel the next meeting. Vote on the motion carried by majority, with John Fredrickson voting against. Todd Peetz updated the Board members on two upcoming Comprehensive Plan amendments. Todd Peetz advised that the density study would be presented to City Council at their next meeting. There being no further business for the Board to consider the meeting was adjourned at 8:57 p.m. Bea McNeely, Chairperson L Susan L. Chapman, goard Secretary PLANNING & ZONING BOARD MEETING MINUTES MARCH 23, 2005 A Regular Meeting of the Planning & Zoning Board was held on March 23, 2005, 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 Leo Nicholas Lamar Russell John Fredrickson Alice Filteau Donald Dunn MEMBERS ABSENT _Walter_ Schoenfeld --- OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Board Secretary City Planner City Attorney All persons giving testimony were sworn in by City Attorney Garganese. NEW BUSINESS: 1. Approval of Meeting Minutes: March 9 2005 (Workshop Meeting and Regular Meeting). Motion by Alice Filteau, seconded by Leo Nicholas to approve the meeting minutes of March 9, 2005. Vote on the motion carried unanimously. 2. Preliminary Re -Plat Approval - (Casa Bonita) - Section 23 Township 24 South Range 37 East. Replat of the North 100 Feet of Lots 1 2 & 3 Block 1 Avon by the Sea Subdivision - Nancy Murray. Property Owner. Todd Peetz, City Planner, advised that this property is located on the S.E. corner of Washington and N. Atlantic Avenues and this is the same project that just received a granted special exception for four townhouse units. Ron Wollum, representative for the property owner, testified that this preliminary replat was for the four townhouse units. He advised that the oak trees that were discussed during the special exception proceedings should not need to be removed, however if it is necessary to remove them he would plant hardwood trees of the same dbh. The Board members reviewed the preliminary replat. Motion by Leo Nicholas, seconded by Lamar Russell to approve the preliminary replat for Casa Bonita. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes March 23, 2005 Page 2 3. Discussion Re: Density - Todd Peetz City Planner. Todd Peetz, City Planner provided a report of the density of approved projects within the past 3-4 years. He explained that the table showed a compilation of acreage, number of units, and density of recently approved site plans. The average density is 10.658; and a two -unit townhouse development has a density of 13.9 units per acre. He noted that the majority of the projects are between 8-12 units per acre. Lamar Russell gave a tutorial on Amendments 10 and 14 of the United States Constitution. Discussion followed regarding existing residential density and traffic congestion. Following a lengthy discussion, the Board concluded that they would be in favor of reducing residential density for the following reasons: traffic congestion; coastal high hazard; hurricane evacuation;_ impact on parks and- greenway; impact on sewer, water, and- drainage; and overcrowding schools. Motion by Bea McNeely, seconded by John Fredrickson, to recommend that City Council conduct a study to gather statistics and data for the purpose of modifying the Comprehensive Land Use Plan to lower the land use density. Vote on the motion carried unanimously. OPEN DISCUSSION 1. Discussion Re: The Recommended Approval of the Proposed Ordinance Re: Special Exception Requirements for Minimum Lot Sizes and Distances for Vehicle Rentals and Sales. Board Member, Donald Dunn, questioned why the City Council did not take a vote on the proposed ordinance. The Board questioned why it was disregarded after all their time and effort. They agreed that they deserve an explanation from City Council. The Board further questioned what happens now with the special exception request for outside display, sales, and rentals. The Board directed City Attorney, Anthony Garganese to look into it. 2. Discussion Re: Proposed Ordinance to Amend Chapter 102 City Attorney, Anthony Garganese briefed the Board on the updated changes. Following discussion, the Board concurred with the proposed ordinance for 1st reading at the next City Council meeting. There being no further business for the Board to consider the meeting was adjourned at 9:30 p.m. Bea McNeely, Chairperson Susan L. apman, Bo rd Secretary RESOLUTION 2004-1 A RESOLUTION OF THE CITY OF CAPE CANAVERAL PLANNING AND ZONING BOARD ADOPTING RULES AND PROCEDURES SUPPLEMENTAL TO THE UNIFORM BOARD RULES AND PROCEDURES ADOPTED BY THE CITY COUNCIL PURSUANT TO SECTION 2-171 OF THE CITY CODE; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR RULES, LIMITATIONS, AND PROCEDURES ADOPTED BY THE PLANNING AND ZONING BOARD, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 2-1710), City of Cape Canaveral Code, the Planning and Zoning Board is authorized to adopt additional rules and procedures necessary to conduct Board business providing the rules and procedures are supplemental to and not inconsistent with the rules and procedures adopted by the City Council for all boards and committees conducting business within the City of Cape Canaveral; and WHEREAS, the Planning and Zoning Board desires to adopt supplemental rules and procedures for conducting Planning and Zoning Board meetings; and WHEREAS, the Planning and Zoning Board deems that these supplemental rules and procedures are necessary to conduct efficient and orderly business. NOW, THEREFORE, BE IT DULY RESOLVED BY THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and hereby fully incorporated herein by reference. Section 2. Adoption of Supplemental Rules and Procedures. The following rules and procedures are hereby adopted by the Planning and Zoning Board: 1) Regular Meetings. The Planning and Zoning Board of the City of Cape Canaveral shall hold regular meetings at 7:30 p.m. on the second and fourth Wednesday of each month of the year. Meetings will end at 10:00 p.m. unless a majority of the Planning and Zoning Board votes to extend the meeting. Meetings shall be held at the Cape Canaveral City Hall Annex. Meetings may be cancelled by a majority vote of the Planning and Zoning Board at any official meeting. Meetings may also be cancelled by the City Manager if it is known prior to a regularly scheduled meeting that a quorum of the Planning and Zoning Board will not be present at the meeting or the City Manager determines that there is no business to present to the Board. 2) Special Meetings. Special meetings may be called by the Chairperson upon recommendation of any two Board members or the City Manager at any time. If the Board City of Cape Canaveral Planning and Zoning Board Resolution No. 2004-1 Page 1 of 4 determines that a site inspection is necessary or would be helpful to its deliberations a special meeting of the Board may be convened outside of the City Hall Annex. A minimum of 48 hours advance notice must be given to all Board members. 3) Emerkency Meetings. Emergency meetings may be called by the Chairperson or upon recommendation of any two Board members or the City Manager at any time. In case of an emergency, the 48-hour notice provided for special meetings may be waived. Such meetings shall be held at such locations deemed appropriate by the Board. 4) Agenda. The agenda for each regular or special meeting shall be posted in City Hall, a minimum of 48 hours before meeting time. Agenda for emergency meetings may be handed to Board members at the time of the meetings. The agenda shall be organized by the Chairperson. Items may be placed on the agenda by any Planning and Zoning Board member, or any City Council member, or the City Manager by calling the item to the attention of the Board Secretary at least one (1) week before any regular meeting or within the 48-hour notice requirement for special or emergency meetings. The agenda shall follow the following outline: I. Call to order. II. Roll call. III. Approval of minutes of previous meeting which have not been approved. IV. New business. V. Old business. VI. General discussion. VII. Adjourn S) Rules of Conduct at Planning & Zoning Meetings. The most current edition of Roberts Rules of Order shall be followed during any meeting of the Planning and Zoning Board. 6) Attendance. Members of the Planning and Zoning Board shall notify the Chairperson of the Board or the Board Secretary if they cannot attend a meeting. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 4. Repeal of Prior Rules and Procedures. Any previously adopted rules and procedures of the Planning and Zoning Board are hereby repealed in their entirety. It is the intent and purpose of this resolution to provide a completely new set of supplemental rules and procedures of the Planning and Zoning Board. This resolution shall be deemed supplemental to and in addition to any uniform rules and procedure adopted by the City Council of the City of Cape Canaveral. City of Cape Canaveral Planning and Zoning Board Resolution No. 20041 Page 2 of 4 Section 5. Conflicts. In the event any provision of this resolution conflicts with any rule adopted by the City Council or provided by law, the rule adopted by the Council or provided by law shall apply. Section 6. Limitations. The failure of the City of Cape Canaveral Planning and Zoning Board to abide by the policies in this resolution shall not have any adverse effect on any final decision made by a majority vote of the Planning and Zoning Board. Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption by the City of Cape Canaveral Planning and Zoning Board. Resolved by the City of Cape Canaveral, Planning and Zoning Board, in a regular meeting assembled on this 13 > day of oc4o 6,--(- , 2004. lgea- Beatrice McNeely, CHAIRPERS ATTEST: Susan Chapman, SE RETARY APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF CAP CANAVERAL ONLY: thony A. Targanese, CITY ATTORNEY City of Cape Canaveral Planning and Zoning Board Resolution No. 2004-1 Page 3 of 4 BROWN, GARGANESE, WEISS & UAGRES TA, P.A. 14ttomys at Law Usher L. Brown • Jeffrey P. Buak° Offices in Orlando, Kissimmee, Suzanne D'Agresta° Cocoa & Viera Debra S. Babb-Nutcher° Anthony A. Garganese° Joseph E. Blitch John H. Ward • Jeffrey S. Weiss John U. Biedenham, Jr. Victoria L. Cecil Lisa M. Fletcher Amy J. Goddard 'Board Certified Civil Trial Lawyer Katherine Latorre °Board Certified City, County & Local Government Lawi Erin J. O'Leary J. W. Taylor. Of Counsel September 29, 2004 VIA FACSIMILE and U.S. MAIL Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: P & Z Board Supplemental Rules Resolution 2004-01 City of Cape Canaveral - Resolution - P&Z Board Supplemental Rules Our File No.: 513-001 Dear Bennett: Please allow this correspondence to serve as a follow-up to City Council meeting held on September 21, 2004. In that regard, please find enclosed herewith a revised Planning and Zoning Board Supplemental Rules Resolution. Specifically, Section 2 regarding special meetings has been revised to allow site inspections by the Board where the Board determines the same would be necessary or helpful in its deliberations. If the proposed language is acceptable, we ask that you please place this item on the agenda for the Planning & Zoning Board's consideration and approval. Very truly yours, :rl! J rey P. Buak JPB/eah Assistant City Attorney Enclosure: Revised Resolution 2004-1 G:WocslClty of Cape Canaveral%CorrespondencO%BoucherlPlanningZoningB oard_SuppRules Ltr082904.wpd 225 East Robinson Street, Suite 660 • P.O. Box 2873.Ortando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 42-5-9566- Kissimmee (321) 402-0144 - Cocoa & Vlera (866) 425-9566 Website: www.oriandolaw.net • Email: fiffn@odandolaw.net PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 9, 2005 A Regular Meeting of the Planning & Zoning Board was held on February 9, 2005, 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 Leo Nicholas Vice Chairperson Lamar Russell John Fredrickson Walter Schoenfeld Alice Filteau 1 st Alternate Donald Dunn 2nd Alternate OTHERS PRESENT Duree Alexander Recording Secretary Anthony Garganese City Attorney Robert Hoog Mayor Pro -Tem Todd Morley Building Official All persons giving testimony were sworn in by City Attorney Garganese. NEW BUSINESS: Approval of Meeting Minutes: January 26, 2005. Motion by Mr. Nicholas, seconded by Ms. McNeely to approve the meeting minutes of January 26, 2005. Vote on the motion carried unanimously. 2. Recommendation Re: Special Exception Request No. 04-04 to Allow Outside Storage of Recreational Vehicles. Trailers, and Trailerable Items in the C-2 Zoning District. (192 Center Street) - Ron Abeles. Petitioner. Todd Morley, Building Official, advised that the City Planner would not be able to attend the meeting. The Board members reviewed comments from the City Planner contained in the Board packets. Ron Abeles, Petitioner, submitted photographs of his property for the Board's review (Exhibit A). He advised that the fire department did not have any concerns with access; the outside storage area would not be seen because of the surrounding properties; a wall would be installed by the developer of Solana on the River along the western boundary; there is an existing special exception on this site for outside storage of portable generators, scaffolding, and lumber; barrels are also being stored. The Board members reviewed the submitted photographs. Discussion followed regarding the size and location of the property, number of proposed parking spaces, access, landscaping, square footage of the buildings, number of existing parking spaces, and property lines. Planning & Zoning Board Meeting Minutes February 9, 2005 Page 2 Following discussion, the Board agreed that additional information needed to be submitted including an adequate survey showing the demographics of the area for special exception and a landscaping buffering plan. Todd Morley, Building Official, offered to assist the applicant with the additional information. Motion by John Fredrickson to recommend approval. Motion died for lack of a second. Motion by Lamar Russell to postpone recommendation until the next meeting. Motion was seconded by Mr. Nicholas. Vote on the motion carried unanimously. 3. Review & Motion Re: Draft Ordinance to Amend the Special Exception Requirements for Minimum Lot Sizes and Distances for Vehicle Rentals and Sales. Anthony Garganese, City Attorney, advised that the draft ordinance was sent to Todd Peetz but was not included in the Board packet. Motion by Lamar Russell, seconded by John Fredrickson to postpone this agenda item until the next meeting. Vote on the motion carried unanimously. 4. Review and Motion Re: Draft Ordinance to Amend Chapter 102• and Chaoter 110, Sections 110-566 thru 110-568. The Board members commented on a few specific items from the submitted Winter Springs Ordinance they would like to consider incorporating into the revised City Ordinance. Anthony Garganese, City Attorney, advised the Board that he would start working on a draft ordinance with the Board's suggestions and submit to staff for the scheduled workshop. It was determined by the Board that there was a need for special workshops to review the current tree preservation ordinance and the submitted example ordinances. Chairperson McNeely suggested that this be a joint effort with City Council. With City Manager approval the workshop dates were tentatively scheduled for joint meetings with City Council on February 15, 2005 at 5:00 p.m, and February 23, 2005 from 6:00 p.m. to 8:00 pm, with regular Planning Zoning meeting immediately following. There was a brief discussion regarding the verbatim minutes from the September 22, 2004 Planning and Zoning meeting. Planning & Zoning Board Meeting Minutes February 9, 2005 Page 3 Todd Morley, Building Official, advised that he was happy to report that he spoke with the developer of Flores Del Mar and the mulch has been removed from the site since the last meeting. There being no further business for the Board to consider the meeting was adjourned at 9:40 p.m. Susa4Lman, Board Secretary Bea McNeely, Chairperson PLANNING & ZONING BOARD MEETING MINUTES JANUARY 26, 2005 A Regular Meeting of the Planning & Zoning Board was held on January 26, 2005, 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 Leo Nicholas Vice Chairperson Walter Schoenfeld City Attorney Alice Filteau 1 st Alternate Donald Dunn 2nd Alternate MEMBERS ABSENT Lamar Russell John Fredrickson (Excused) OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro -Tem Todd Morley Building Official Bennett Boucher City Manager All persons giving testimony were sworn in by City Attorney Garganese. NEW BUSINESS: 1. Approval of Meeting Minutes: January 12, 2005. Motion by Mr. Nicholas, seconded by Mr. Dunn to approve the meeting minutes of January 12, 2005. Vote on the motion carried unanimously. 2. Election of Chairperson and Vice Chairperson. Leo Nicholas nominated Bea McNeely as Chairperson. Donald Dunn seconded the nomination. Bea McNeely accepted the nomination. Bea McNeely nominated Leo Nicholas as Vice Chairperson. Walter Schoenfeld seconded the nomination. Leo Nicholas accepted the nomination. Voice vote on the nominations carried unanimously. 3. Motion Re: Revised Site Plan Approval for Villages of Seaport - Village 7 - Bussen-Mayer Engineering, Project Engineer. The Board members reviewed the revised site plan for Villages of Seaport - Villages 7. Todd Peetz, City Planner gave an overview of the revised site plan to add bathroom facilities at the swimming pool area, at the request of Todd Morley, Building Official, to meet State code requirements. Planning & Zoning Board Meeting Minutes January 26, 2005 Page 2 Pat Salamone, property owner introduced himself to the Board members. He verified that the revision was to locate bathroom facilities closer to the pool area to meet code requirements. Brief discussion followed. Motion by Donald Dunn, seconded by Walter Schoenfeld to approve the Revised Site Plan for Villages of Seaport - Village 7. Vote on the motion carried unanimously. 4. Motion Re: Site Plan Approval for Residence Inn - Allen Engineering Project Engineer. The Board members reviewed the site plan and submittal packet for the Residence Inn. Todd Peetz, City Planner gave an overview of the project. He advised that the site plan consisted of a 150 unit hotel, with two out parcels for possible future restaurant/retail uses. He advised that the property was located on the west side of A1A at the City's north end, immediately south of Country Inn & Suites, and north of the RaceTrac service station. Anthony Garganese, City Attorney advised that since the project is located on two separate parcels of property they needed a completed execution of Unity of Title Agreement. Mr. Garganese gave a prepared Unity of Title Agreement to the property owner. Discussion was held regarding traffic safety concerns. John Allen, the project engineer advised that he met with the City traffic engineer, City Manager, and the Florida Department of Transportation (D.O.T.) at the onset of this project regarding traffic flow concerns. He testified that D.O.T. would not allow a traffic light. He advised that a center lane would be installed on AIA to running north and south from Country Inn and Suites, to the RaceTrac service station and marked according to D.O.T. specifications. He suggested that the best solution regarding the City's traffic concern would be to lower the speed limit on Astronaut Boulevard. He noted that the property owner to the north was helping with the cost of the center lane. He advised that the out -parcels may contain future retail type businesses. Patricia Tyson, project traffic engineer, verified that there was not enough traffic volume to warrant a traffic light. She advised that the distance between Country Inn and Residence Inn driveways is approximately 220 ft. Additional discussion followed regarding traffic flow, utilities, landscape, sidewalks, dumpster refuse area, and kitchen facilities. Tom Garbulski, a resident of Cape Canaveral voiced his concern with the existing traffic congestion at the RaceTrac service station, and explained how this project would compound traffic congestion in the center lane. He suggested a right tum only at Residence Inn. Discussion followed. Motion by Mr. Nicholas, seconded by Mr. Schoenfeld to approve the site plan for Residence Inn with the condition that a Unity of Title Agreement be executed. Discussion followed. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes January 26, 2005 Page 3 5. Review and Recommendation to City Council Re: Definitions of Structures Anthony Garganese, City Attorney. Anthony Garganese, City Attorney advised that he spoke with the Building Official since the last meeting. They are currently reviewing all the code sections that refer to a structure. They would need at least 30 days for this review. He would let the Board Secretary know when to reschedule this agenda item. DISCUSSION: 1. Discussion Re: Review of Special Exception Requirements for Minimum Lot Sizes and Distances for Vehicle Rentals and Sales - Todd Peetz City Planner. Anthony Garganese, City Attorney reviewed the draft ordinance even though he did not have it with him at the meeting. The Board agreed to agenda this item, under new business, at the next meeting, for recommendation to City Council. 2. Discussion Re: Review Chapter 102• and Chapter 110 Sections 110-566 thru 110-568: and Establishing Workshop Dates and Times. Anthony Garganese, City Attorney distributed a copy of the proposed Moratorium Ordinance. He outlined waiver provisions and exemptions from the moratorium requirements. He advised that the proposed ordinance would be presented for adoption at the next City Council meeting. He suggested that the Board should proceed by performing a self assessment of the City, and then decide what philosophy they wanted to use. Discussion followed regarding performing a tree survey of the City. Todd Morley, Building Official, advised that he is requiring a landscape overlay with every landscape plan submittal during the site plan review process. He gave an overview of a list of suggestions for consideration in amending Chapter 102 as follows: • The Building Official should have the authority to administratively waive up to 10% of any setback, in any zoning district, provided this does not create a conflict with any department or regulatory agency. • Provide flexibility for creative designs during the site plan process. • Hardwood trees should be replaced with hardwood trees, canopy for canopy, etc. • Penalties should be increased for removal of trees over a certain diameter. • A ratio greater than 1:1 should be used in tree mitigation. • Provide provisions for off-site mitigation. • Change exemption criteria by requiring mitigation for every tree to be removed even if within the footprint of a building. Planning & Zoning Board Meeting Minutes January 26, 2005 Page 4 Discussion followed. Bennett Boucher, City Manager advised that the City's main goal is to protect the existing trees. He advised that City staff would like the flexibility to work with developers during the site plan pre -application meetings and review process. Todd Peetz, City Planner advised that he would bring samples of other municipality's tree ordinances to the next meeting. Anthony Garganese, City Attorney, advised that he had sufficient information to bring back a draft ordinance, for the Board's consideration, at the next meeting. OTHER DISCUSSION: Leo Nicholas inquired about the large mulch pile at the Perlas Del Mar project. Todd Morley, Building Official responded that he would look into it and report back to the Board. Todd Morley, Building Official advised that Art Berger was in compliance with his granted special exception for outside storage. Brief discussion followed. Todd Morley, Building Official advised that at the Board's request, the Board Secretary researched the City records back to 1962 regarding Space Port Amoco having a special exception for outside storage. Research of the department records revealed that there were no special exceptions granted to Space Port Amoco. There being no further business for the Board to consider the meeting was adjourned at 9:40 p.m. n Bea McNeely, Chairperson L Susan L. n, Board Secretary PLANNING & ZONING BOARD MEETING MINUTES JANUARY 12, 2005 A Regular Meeting of the Planning & Zoning Board was held on January 12, 2005, 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 Leo Nicholas Vice Chairperson Lamar Russell City Attorney John Fredrickson Mayor Pro -Tem Walter Schoenfeld Building Official Alice Filteau 1 st Alternate Donald Dunn 2nd Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro -Tem Todd Morley Building Official All persons giving testimony were sworn in by City Attorney Garganese. NEW BUSINESS: Approval of Meeting Minutes: December 8, 2004 Motion by Mr. Nicholas, seconded by Mr. Russell to approve the meeting minutes of December 8, 2004. Vote on the motion carried unanimously. 2. Coastal Fuels - (Vapor Combustor) - Revised Site Plan Approval - Craig Smith Applicant. The Board members reviewed the submittal, and comments from City staff. Todd Peetz, City Planner gave an overview of the request to revise the site plan to replace a vapor combustor, for safety reasons. It was noted that the street name George King Boulevard needed to be changed to N. Atlantic Avenue, on the site plan. Discussion was held regarding the Public Works Director's comment to establish an easement for landscaping along N. Atlantic Avenue. Craig Smith, Applicant advised that he would work with the city on this issue. Craig Smith explained the operation of the vapor combustor. He advised that it would be located just north of the existing vapor combustor, and it will meet EPA requirements. He submitted a site plan depicting the overall layout of Coastal Fuels and the proposed location of the new vapor combustor (Exhibit A). He noted that the existing vapor combustor would be isolated and serve as a back-up to the upgraded equipment. Jim Duggan, V.P. of Coastal Fuels engineering department testified that the new equipment exceeded the requirements of the EPA Clean Air Act. He advised that all the equipment is tested by the EPA on a regular basis. He agreed to provide the City Engineer with copies of the FDEP environmental permits or any other regulatory permits required for this work, as requested in there staff report, dated December 2, 2004. Discussion followed. Planning & Zoning Board Meeting Minutes January 12, 2005 Page 2 Resident, Evelyn Tentabone questioned the location of this facility. Craig Smith explained the location. She questioned if there were plans to upgrade N. Atlantic Avenue. Craig Smith responded that this revision had no impact on traffic. Discussion was held regarding control and ownership of Shorewood Drive. Craig Smith advised that Coastal Fuels was not contacted or questioned by Dude Braselton about access on Shorewood Drive. He advised that Coastal Fuels owns the property which abuts Mr. Braselton's property and Coastal Fuels owns a portion of Shorewood Drive. Discussion followed. City Attorney Garganese advised that the City may have recourse regarding false testimony given by Mr. Braselton. The Board members requested City staff to provide a verbatim record of the Oak Park site plan proceedings. Motion by Lamar Russell, seconded by Mr. Nicholas to approve the revised site plan for Coastal Fuels with the following conditions: Exhibit A shall be part of this revised site plan. Provide City Engineer with reports from regulatory agencies, as requested. Cooperate with Public Works Director for landscaping improvements along N. Atlantic Avenue. Vote on the motion carried unanimously. 3. Recommendation Re: Soecial Exception Request No. 04-04 to Allow Outside Storage of Recreational Vehicles. Trailers, and Trailerable Items in the C-2 Zoning District 192 Center Street - Ron Abeles Petitioner. Todd Peetz, City Planner gave an overview of the request, and outlined the exhibits contained within the submittal. He advised that the City staff has concerns regarding access for emergency vehicles, and parking. Mr. Peetz requested that this item be postponed until additional information is received from the applicant regarding access, and parking. Discussion followed. Ron Abeles, Petitioner testified that he owned the property; all vehicles located on the property would be operable, licensed, and tagged; it would not be a junk yard; the property will serve the residents of the City to store recreational vehicles and boats; there will be no repairs of vehicles, only storage; the property is buffered on all sides, and zoned C-2; there is ample turning radius on the two acre parcel for emergency access; there exists three access points on this property. Mr. Abeles explained the property location from the exhibits, along with surrounding properties. Discussion followed. Following discussion, the Board requested a total layout of the property, including existing uses of surrounding properties. Evelyn Tentabone, owner at Solana on the River, commented that the proposed City park at the end of Center Street would have no boat ramps; Center Street will be landscaped; the City should encourage property owners to enhance their properties. Barbara Kennedy, owner at Solana on the River questioned where the RVs and boats would access the property. Mr. Abeles responded that the property would be accessed from Center Street. He noted that there are principal uses allowed in the C-2 zoning district that would have a much greater traffic impact. Leo Nicholas commented that the residents of Solana on the River are aware that their property is adjacent to commercial and industrial areas. Planning & Zoning Board Meeting Minutes January 12, 2005 Page 3 Motion by Mr. Russell, seconded by Mr. Nicholas to postpone this request until the first meeting in February to allow the applicant time to submit additional information, and to satisfy City staff concerns regarding parking and access. Vote on the motion carried unanimously. 4. Ocean Gardens - Wave Four, Section 14 Township 24 South Range 37 East Replat of Lot 49 of Ocean Gardens - Wave Three Subdivision - Final Replat Approval - James Morgan, Applicant. Todd Peetz, City Planner gave an overview of the request. He advised that City staff reviewed the final replat, and recommends approval. The Board members reviewed the final replat. City Attorney Garganese requested that the applicant amend the Dedication to include the City of Cape Canaveral, prior to approval by City Council. Brief discussion followed. Motion by Chairperson McNeely, seconded by Mr. Russell to recommend approval of the Final Replat for Ocean Gardens - Wave Four with the condition that the applicant amend the Dedication to include the City of Cape Canaveral, prior to approval by City Council. Vote on the motion carried unanimously. DISCUSSION Discussion Re: Definition of a Structure. Todd Morley, Building Official explained that there are certain structures that need to be defined in the Code. He explained the different types of structures; various types of uses of structures; temporary (casual) or permanent (non -temporary) structures. Discussion followed. Following discussion, the Board directed the City Attorney to prepare a draft ordinance for recommendation to City Council. 2. Scooters and Similar Rentals. Todd Peetz, City Planner read the definitions of a moped, and motorized scooter from the Florida Statutes, Uniform Traffic Control. Discussion followed. The Board agreed that a moped, motorized scooters, and motor bikes with or without a seat should be specifically defined in the Code. The Board further agreed to review the special exception requirements for exemption of distance and lot size requirements for establishments that rent and sell these types of vehicles. OTHER DISCUSSION Discussion was held regarding lowering the level -of -service standard along N. Atlantic Avenue. Discussion was held regarding the procedure for the Board to dispute sworn testimony. The Board requested a verbatim of the testimony given by Dude Braselton during consideration of the Oak Park site plan. Planning & Zoning Board Meeting Minutes January 12, 2005 Page 4 The Board members requested City staff to research the Space Port Amoco file for a granted Special Exception for outside storage. The Board requested that City staff review the conditions of the Special Exception for the outside storage area across from the Post Office. There being no further business for the Board to consider the meeting was adjourned at 10:18 p.m. Bea McNeely, Chairpers Susan L. Chapman, Bo rd Secretary