Loading...
HomeMy WebLinkAbout2004 Jan - Dec MinutesPLANNING & ZONING BOARD MEETING MINUTES DECEMBER 8, 2004 A Regular Meeting of the Planning & Zoning Board was held on December 8, 2004 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson f� 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 Alice Filteau 1 st Alternate Donald Dunn 2nd Alternate MEMBERS ABSENT John Fredrickson 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: October 13 2004 Motion by Mr. Nicholas, seconded by Mr. Russell to approve the meeting minutes of October 13, 2004. Vote on the motion carried unanimously. DISCUSSION: 2. Discussion Re: Section 110-556 - Vehicle Rental Facilities Providing for Exemptions - Anthony Garganese. City Attorney The Board members reviewed the proposed ordinance. Todd Peetz, City Planner reviewed the proposed changes. Discussion was held regarding prohibiting rentals of all terrain vehicles (ATV's); limit the number of outside display; limiting horsepower and vehicles lengths; eliminating buffering/distance requirements from like establishments; and reducing the minimum building size. Following discussion, the Board requested that the City Planner research information on horsepower, dimensions, and engine displacements for two wheel vehicles and present the information at the next meeting. PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 13, 2004 A Regular Meeting of the Planning & Zoning Board was held on October 13, 2004 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 Walter Schoenfeld Alice Filteau Donald Dunn OTHERS PRESENT Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro -Tem Todd Morley Building Official Duree Alexander Code Enforcement Officer All persons giving testimony were sworn in by City Attorney Garganese. Chairperson McNeely introduced Alice Filteau and welcomed her to the Board. NEW BUSINESS: AAgproval of Meeting Minutes: September 22, 2004 Motion by Mr. Nicholas, seconded by Mr. Russell to approve the meeting minutes of September 22, 2004. Vote on the motion carried unanimously. 2. Recommendation to Board of Adjustments Re: Variance Request No. 04-02 to Allow an Existing Pool Screen Enclosure to Remain in the Required 8 ft. Side Setback by 3.61 ft. on the East Side, Section 14, Township 24 South, Range 37 East, Lot 4. Atlantis Subdivision - Ronald and Patricia Scott, Petitioners. Mr. Peetz, City Planner, advised that this was a request to allow a pool screen enclosure that was constructed within the east side setback 3.61 ft. He advised that a structure can only be built up to 8 ft. from the property line. He advised that the permit was never issued by the Building department because the survey submitted by the contractor showed the structure within the setback. Mr. Peetz reviewed the exhibits contained in the submittal packet and briefed the Board on the plan review permitting process. Mr. Peetz clarified that they did not need a Variance on the west side because of the zero lot line at the point where the units are attached. He verified that the pool was located 8 ft. from the side setbacks; the screen enclosure on the west side was not in violation; the screen enclosure on the east side was 3.61 ft. encroaching within in the required 8 ft. setback in violation. Planning & Zoning Board Meeting Minutes October 19, 2004 Page 2 Ms. Duree Alexander, Code Enforcement Officer, advised that contractor Greg Oates applied for a permit on March 20, 2002; there were issues regarding the setbacks of the survey; several attempts were made by the Building department to obtain a correct survey from the contractor; there is nothing in writing that the Building department gave verbal approval; the building permit had expired and was turned over to code enforcement because the screen enclosure was erected without the required permit. Mrs. Scott testified that the house was built in 1990; the pool was built by the previous property owners in 1999; they purchased the property in 2001; the survey that was done by Phoenix Surveying is incorrect; the survey from Beach Mapping & Surveying is the correct survey and was entered into the record (Exhibit A). She advised that the contractor installed the enclosure on March 24, 2002. She noted that the variance process is the only way a property owner can correct a situation created by mistakes made by the City and the contractor. Mr. Scott testified that they received letters of support from all the owners of the Atlantis Subdivision; and they had verbal approval by Mr. Bubb. Karen Oates, representative for Affordable Screening advised that she was assured by the Building Official at that time that a permit would be issued; she received verbal approval from Tom Bubb on March 20, 2002; she was told that the permit was not ready yet on March 25, 2002; and the first notification of the requirement that a new survey was required was on April 5, 2002; she had made several attempts to obtain the permit. She advised that the contractor would not jeopardize their license or reputation to do any work without the required permits. Ms. Oates advised that she did not correspond with the property owner regarding the issuance of the permit. Mr. LaVore, 303 Lindsey Court advised that he lives adjacent to the Scott's, he has an 8 year old son and he likes the extra security around the pool from a safety standpoint. The Board reviewed and held a lengthy discussion regarding the procedures and criteria for variances, Code Section 110-62. Motion by Mr. Fredrickson, seconded by Mr. Russell to recommend approval of Variance Request No. 04-02 based on the following criteria: • The applicant acted in good faith that the contractor had a building permit. The contractor repeatedly asked for the building permit and the Building department assured the contractor that the building permit would be issued. The contractor proceeded to build in good faith thinking the building permit would be forth- coming, although it was never issued. The Building code would require removal of the enclosure. Other landowners would not be wronged or effected because this applicant relied on a contractor who also relied/acted on Building department assurances. 0 Circumstances did not result from actions of the applicant. Planning & Zoning Board Meeting Minutes October 19, 2004 Page 3 • The applicants petition addresses a grievance caused by miscommunications between the contractor and Building department. Other property owners were not faced with this set of circumstances and, therefore, no special privilege is conferred upon the applicant. The property owner had no knowledge of the code violation. • Reasons set forth justify variance is minimum possible encroachment which leaves the structure useable. • Leaving the structure unaltered would better serve the neighborhood if left unaltered and thus presents a more compatible appearance. _Vote on_ the _motion carried_ unanimously,___ 3. Motion Re: Time Extension for Special Exception No. 03-02 - Portside Villas - Richard Biery, V.P.. Larcon Corporation. City Planner Todd Peetz advised that the project is currently under construction. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend a one-year extension of Special Exception No. 03-02. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Marie Ann Villas - Final Plat - Norman Boucher, Applicant. The Board members reviewed the final plat. Mr. Peetz, City Planner advised that staff reviewed the plat and recommends approval. He noted that the property was located west of Poinsetta Avenue, between Madison and Monroe Avenues. Motion by Mr. Fredrickson, seconded by Mr. Schoenfeld to recommend approval of the Final Plat of Marie Ann Villas. Vote on the motion carried unanimously. 5. Motion Re: First Addition to Beachside Townhomes - Preliminary Plat - John Johanson, Applicant. The Board members reviewed the preliminary plat. Mr. Peetz, City Planner advised that staff reviewed the plat and recommends approval and noted that this was a plat for a two unit townhouse and all setbacks comply. Motion by Mr. Nicholas, seconded by Mr. Russell to approve the Preliminary Plat of the First Addition to Beachside Townhomes. Vote on the motion carried unanimously. 6. Recommendation to City Council Re: Beachside Townhomes - Final Plat - John Johanson, Applicant. The Board members reviewed the final plat. Mr. Peetz, City Planner advised that staff reviewed the plat and recommends approval. He noted that all setbacks comply. Motion by Mr. Schoenfeld, seconded by Mr. Russell to recommend approval of the Final Plat of Beachside Townhomes. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes October 13, 2004 Page 4 7. Motion Re: Marbella Townhomes - Phase Two - Preliminary Plat - James Morgan, Agent, All Shores Construction The Board members reviewed the preliminary plat. Mr. Peetz, City Planner advised that staff reviewed the plat and recommends approval and noted that all setbacks comply. Motion by Mr. Russell, seconded by Mr. Nicholas to approve the Preliminary Plat of Marbella Townhomes - Phase Two. Vote on the motion carried unanimously. 8. Motion to Adopt: Board Supplemental Rules - Resolution 2004-1 The Board members briefly reviewed the Resolution. Motion by Ms. McNeely, seconded by Mr. Russell to adopt Resolution 2004-1. Vote on the motion carried unanimously. DISCUSSION 1. Presentation by Martin Greene Re: Mixed Planned Unit Development. Mr. Greene gave a presentation. Discussion was held regarding the proposed MPUD Ordinance. Mr. Peetz, City Planner advised that all mixed use occupancy has to be within the C-1 zoning district; R-1, R-2 and R-3 zones need to remain residential. Chairperson McNeely advised that the city is looking for community friendly type businesses. Ron and Mindy Schwab, project architects; and Tim Pickles, Attorney representing Mr. Greene, and Louis Felder, business owner in Cocoa Village; answered various Board members questions. He advised that his property was located behind Budget Rent -a -Car on Thurm Boulevard and A1A, approximately 11.5 acres. Following discussion, Mr. Greene asked the Board members for a motion to move forward with the MPUD concept. The Board members were not willing to make an obligation on whether or not Mr. Greene should move forward with his MPUD concept. 2. Recreational Motor Vehicles. Staff requested postponing this item until the next meeting. There being no further business for the Board to consider the meeting was adjourned at 11:18 P.M. J)l - t&) keA. _ __ ) Bea McNeely, Chairperson Susan L. ate; Board Secretary h'LANNINU & LUNINU tSUAKU MEETING MINUTES SEPTEMBER 22, 2004 A Regular Meeting of the Planning & Zoning Board was held on September 22, 2004 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 -- Walter Schoenfeld Donald Dunn MEMBERS ABSENT Alice Filteau OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Robert Hoog Chairperson Vice Chairperson 2nd Alternate 1 st Alternate Board Secretary City Planner City Attorney Mayor Pro -Tem All persons giving testimony were sworn in by City Attorney Garganese. Chairperson McNeely introduced the new Board members. NEW BUSINESS: 1. Approval of Meeting Minutes: August 25, 2004 Motion by Mr. Nicholas, seconded by Mr. Fredrickson to approve the meeting minutes of August 25, 2004. Vote on the motion carried unanimously. OLD BUSINESS: Review and Motion Re: Oak Park Condominiums Site Plan, Township 24, Range 37, Section 14, Tracts A & B - Steven Morgan, Applicant. Mr. Peetz, City Planner, advised that on the Board voiced concerns and questions regarding setbacks, access, and traffic flow. He noted that nothing has been received from the applicant since the last meeting. Mr. Braselton, developer, advised that this was the 3rd time before the Board and requested a motion for approval. He submitted an affidavit that he contacted and spoke with representatives from Towne Realty and Coastal Fuels regarding Shorewood Drive roadway access (Exhibit A). Planning & Zoning Board Meeting Minutes September 22, 2004 Page 2 Attorney McLennan, representing the developer, advised the Board that it is beyond the capacity of his client to perform the request of the Board. He commented that the Board is not authorized under the City's ordinances to require additional access. Mr. Nicholas responded that traffic flow is a concern of this Board in an effort to protect the safety of the citizens, including children, throughout the community. Mr. Russell responded that the Board is allowed to make any reasonable inquiry to protect health, safety and _ _welfare. „ Mr.-Braseitgn_resVonded= that the .conditions_ of the -Board -are inequitable=_ __ because there is a list of multiple parties into the negations and the request is increasingly difficult. City Attorney Garganese responded that the Board can impose reasonable conditions, this project begs another ingress/egress point but the developer does not have approval which creates a dilemma. He read a portion of the city code regarding the site plan process relating to safe ingress and egress. Discussion was held regarding installing an emergency break -through gate up to the pavement of Shorewood Drive; future developments on N. Atlantic Avenue; and traffic flow. Mr. Braselton responded that he has a retaining wall and would need to build a bridge to construct any kind of emergency access. Mr. Gardulski, Director of Public Works Director, advised that the city can request a 20 ft. right of way easement for traffic improvements. Mr. Braselton advised that he could not accommodate that request because his development was at the maximum for water retention requirements; and could not remove units from the project because the cost would be prohibited. Mr. Roviaro, Director of Transportation Planning for Luke Transportation, advised that he has witnessed how close the accesses are at Villages, Shorewood, and this proposed development; the distances do not meet D.O.T. minimum distance requirements; N. Atlantic Avenue is not a residential roadway and Luke Transportation has recommended N. Atlantic Avenue as a last recommendation for access, and only with a right turn only. Mr. Braselton responded that Villages North road is for emergency only access, not a permanent access, and is only being used temporarily. Mr. Russell commented that in order to make the area safe, north -in and north -out must be on both sides of N. Atlantic Avenue. Mr. Gardulski, Director of Public Works showed the Board a map, designed by Allen Engineering showing the road improvements on N. Atlantic Avenue of what is designed and what is currently under construction which was entered into the record (Exhibit B). The Board members reviewed the proposed landscape and sidewalk plan. Mr. Braselton advised that a vegetative buffer will be installed within the 15 ft. rear setback. Discussion followed. Motion by Mr. Russell, seconded by Chairperson McNeely to approve the Site Plan of Oak Park Condominiums with the condition that the access be right-in/right-out only. Motion carried by a (3) to (2) majority with members voting as follows: Mr. Fredrickson, against; Ms. McNeely, for; Mr. Nicholas, against; Mr. Russell, for; Mr. Schoenfeld, for. Planning & Zoning Board Meeting Minutes September 22, 2004 Page 3 Chairperson McNeely called for a five minutes recess at 8:45 p.m. The meeting reconvened at 8:50 p.m. NEW BUSINESS - CONTINUED: Special=Exception's Request `No-� 04=03" to'°Allow` Rental:"Sales,"and`- Outsider-" " Display of Scooters, (6103 N. Atlantic Avenue, Suite F) - Section 26, Township 24 South, Range 37 East, Parcels 22 & 23, Banana River Estates Subdivision - Norman Weaver. Designated Agent. The Board members reviewed the application packet. Mr. Peetz, City Planner, gave an overview of the request. He noted that the outside display should be limited to only one space, located in front of Unit F, because parking was limited at the Coral Shoppes. Mr. Weaver, applicant, explained that he moved his business from across the street to the Coral Shoppes because the previous location was too far back to be noticeable. Mr. Weaver gave an overview of the various models of scooters. He advised that the City issued him an occupational license for rentals and sales, and later informed him that he was required to obtain a special exception. He explained that the rental scooters are fueled and stored in the garage facility, located behind the main building. He verified that there would be no noise that would impact neighboring businesses. Mr. Peetz clarified that the scooters are classified as motor vehicles. Discussion was held regarding distance requirements for motor vehicles. Motion by Mr. Fredrickson, seconded by Mr. Russell to recommend approval of Special Exception Request No. 04-03 with the condition that the outside display of scooters be limited to one automotive parking space; and the hours of operation be limited from 8:00 a.m. to 6:00 p.m. Vote on the motion carried unanimously, as amended. 2. Motion Re: Site Plan Approval for Villas at the Port (aka Sea Spray Townhomes), Lot A29, Tuten's Subdivision, Section 14, Township 24 South, Range 37 East - Martin Greene, Applicant. Mr. Peetz, City Planner, read his report of the overall project and advised that this property has a granted special exception for residential use. He noted that the landscape plan was revised to meet the 3" dbh requirements of the code. The Board members voiced opinions that the units are small and the architecture is the same throughout. Mr. Gibson, representative for the developer responded that the windows have various shapes and sizes; an easement was vacated to the City in good faith; he designed the plan and it has been copied five times in other places; all staff comments have been satisfactorily addressed. Motion by Mr. Russell, seconded by Mr. Schoenfeld to approve the Site Plan of Villas at the Port aka Sea Spray Townhomes as submitted. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes September 22, 2004 Page 4 3. Motion Re: Site Plan Approval for Central Canaveral Condominiums 8591-8597 Canaveral Boulevard, Lot 12, Block 3, Cape Canaveral Beach Gardens Subdivision, Unit 2, Section 14, Township 24 South, Range 37 East - Martin Greene. Applicant. _Mr. Peetz,._City ,Planner,«read_his report of_rth��;o►rerall,projecthar�d__advised_ thatzth,. a_ _ _.,_,__. applicant desires to use the property for four residential condominium units in the R-2 zoning district; the property is located on the southwest corner of Central and Canaveral Boulevards. Mr. Gibson, representative for the developer advised that the landscaping exceeded the minimum requirements, and the privacy wall noted on the site plan was actually a fence. The Board members reviewed the site plan. Discussion followed. Motion by Mr. Russell, seconded by Mr. Schoenfeld to approve the site plan of Central Canaveral Condominiums. Vote on the motion carried unanimously. DISCUSSION: 1. Traffic lights on N. Atlantic Avenue - Leo Nicholas. The Board held discussion regarding the need for a traffic development plan for N. Atlantic Avenue. Motion by Mr. Russell, seconded by Mr. Nicholas for city staff to perform and compile a study of existing traffic conditions on N. Atlantic Avenue and create a traffic improvement plan, with the aim of future improvements and comments from the public. Discussion followed. Mr. Peetz, City Planner advised that the funding would need to be approved by the City Manager. Vote on the motion carried unanimously. There being no further business for the Board to consider the meeting was adjourned at 10:12 p.m. tea Mc -Neely, Chairperson/ Susan L. an, Board Secretary rl.tU NINIINU M c,viv1110 J .DUALr ij MEETING MINUTES AUGUST 25, 2004 A Regular Meeting of the Planning & Zoning Board was held on August 25, 2004 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 Walter Schoenfeld 1st Alternate MEMBERS ABSENT Lamar Russell OTHERSPRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Bennett Boucher City Manager Todd Morley Chief Building Official John Cunningham Assistant Fire Chief Robert Hoog Mayor Pro -Tem All persons giving testimony were sworn in by City Attorney Garganese. NEW BUSINESS: Approval of Meeting Minutes: August 11, 2004 Motion by Mr. Nicholas, seconded by Mr. Schoenfeld to approve the meeting minutes of August 11, 2004. Vote on the motion carried unanimously. 2. Interview with Prospective Board Members: Shawn Schaffner. Donald Dunn, and Alice Filteau. Chairperson McNeely advised that the Board needed to fill two alternate member vacancies. She noted that Alice Filteau submitted a letter to the Board outlining her qualifications and explaining why she would not be available to attend the meeting. Mr. Nicholas informed the Board that there is an immediate need to fill the vacancies and requested that the two applicants in attendance be interviewed. The other Board members agreed. Shawn Schaffner was interviewed by City Attorney Garganese. Mr. Schaffner advised that he wanted to be involved in the growth of the City; he possessed no planning and zoning experience; he is not related to anyone employed by the City; he has no conflicts of interest; all the answers on the application are correct to the best of his knowledge; he possess a bachelor's degree and is a computer sales person. Chairperson McNeely reviewed the attendance of meetings requirements. Mr. Nicholas commented that he was enthusiastic that Mr. Schaffner was interested in serving on the Board. Planning & Zoning Board Meeting Minutes August 25, 2004 Page 2 Donald Dunn was interviewed by City Attorney Garganese. Mr. Dunn advised that he currently is a Board member of the Construction Board of Adjustments and Appeals, but would resign if he was appointed to this Board, his first choice. He verified that he possesses a background in electronic engineering; has no conflicts of interest; has no relatives employed by the City; he is currently Secretary of the Ocean Woods Home Owners Association; and advised that he can attend the Planning & Zoning Board meetings on a regular basis. Mr. Nicholas commented that he has observed Mr. Dunn attending the P & Z and City Council meetings. Chairperson McNeely asked if the Board members wished to move forward with the appointment recommendations or table recommendations until the next meeting. Following brief discussion, the Board members agreed that because of the immediate need to fill the vacancies they would move forward with the recommendation. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend City Council appoint Shawn Scaffner as 1st Alternate, and Donald Dunn as 2nd Alternate. Vote on the motion carried unanimously. OLD BUSINESS: 1. Review and Motion Re: Oak Park Condominiums Site Plan, Township 24S, Range 37E, Section 14, Tracts A & B - Steven Morgan, Applicant. Todd Peetz, City Planner verified that the developer provided a picture of the rear elevation and updated the site plan to show the widths of the roadway and sidewalks. He outlined the City's roadway improvement plan, depicting the access points of this proposed project and existing surrounding access points. He pointed out the dimensions of the distances between the aprons of this project, Villages of Seaport, and Shorewood Drive. Mr. Peetz noted that there was a typo in the Building Department Quarterly Report and clarified that Oak Lane had a special exception and not Oak Park. The typo has been corrected. Mr. Peetz provided aerials showing the street and roadway points from Central Boulevard to the Port, along N. Atlantic Avenue. He explained the contents of the Public Works 1st Quarter Traffic Report and verified that according to the report, N. Atlantic Avenue will not be at capacity even after this project is completed. Mr. Peetz commented that all throughout the site plan review staff asked that they work with Towne Realty and Villages of Seaport for access. Bennett Boucher, City Manager testified that he spoke with Kohn Bennett, representative for Towne Realty. Mr. Bennett advised that Towne Realty has not been contacted by any Oak Park representative; two parties own Shorewood Drive, Towne Realty, and Coastal Fuels. Towne Realty relayed concerns regarding property owners from this project making u -turns on Shorewood Drive to go South on N. Atlantic. Mr. Boucher advised that there would not be a traffic light installed at Shorewood Drive. Todd Morley, Chief Building Official testified that he also spoke with Maath Bennett, representative for Towne Realty who informed him that he had not been contacted by any representative of this project. Planning & Zoning Board Meeting Minutes August 25, 2004 Page 3 Mr. David Langstrom, President of two Villages of Seaport Home Owners Associations and resident of 432 Beach Park Lane, verified that to the best of his knowledge, no representative from this project has contacted the Villages. He explained that Villages would need 100% of the ownerships votes to grant shared access, which would be impossible. Dude Braselton, Vice President of Oak Park, Inc., provided the rear elevation drawings requested by the Board at the last meeting. He explained that the buildings would be Key West style; the architect drawings, colors, and landscaping were unanimously approved by the Community Appearance Board. The Board members reviewed the rear elevation drawing and landscape plan. Mr. Braselton verified that where possible, the existing vegetation would be preserved. Mr. Braselton submitted the City's site plan overview (Exhibit A) and copy of the Brevard County Roadway Permit (Exhibit B). Mr. Braselton advised that the driveway will be painted with double -lines indicating right-in/right-out only. Mr. Braselton testified that he could not give names and times of who he spoke with at Towne Realty, but he did speak with Tom Downs, developer of Villages of Seaport; and Craig Smith, representative for Coastal Fuels. They were not interested in negotiating shared access. Mr. Nicholas commented that the access was a dangerous safety concern and needed to be addressed. Todd Peetz, City Planner outlined the suggestions from the transportation report, dated June 2, 2004, from Luke Transportation Engineering Consultants. Bennett Boucher, City Manager commented that the developer had since June 2, 2004 to contact adjacent property owners to negotiate access. He added that Luke Transportation suggested the right turn only off N. Atlantic Avenue as a last resort. Dude Braselton responded that he followed every recommendation from Luke Transportation. Mr. Boucher reiterated that he spoke with Towne Realty and they are interested in negotiating. Steven Lasey, Attorney for Oak Park, Inc. commented that the discussions were fruitless. He advised that Coastal Fuels has flat-out refused to work with the developer. Mr. Lasey cited various case law and advised that the City would fall into a taking of the property by denial of access. He noted that the County has approved and issued the permit for roadway access and therefore, the Board could not deny the site plan based on traffic conditions on N. Atlantic Avenue. Mr. Braselton reiterated that all his contact with adjacent property owners has been verbal. Chairperson McNeely announced that the applicant has the right to appeal to the City Council if they do not agree with the Planning & Zoning Board's approval. Craig Stevenson, future resident of this project spoke in favor of the site plan. Bill Hartnett, Board member of Shorewood Association advised that residents of Shorewood and Solana Lakes are concerned. Planning & Zoning Board Meeting Minutes August 25, 2004 Page 4 City Attorney Garganese gave the Board direction as to voting options. He noted that there is case law where the property owner is not entitled to the easiest way of access. City Attorney Garganese asked Attorney Lasey if his client would be willing negotiate with adjacent owners for access and bring the request back to the Board in two weeks. Dude Braselton responded no because he has attempted to contact the adjacent property owners. Motion by Mr. Nicholas, seconded by Ms. McNeely to table this item for two weeks to give the developer time to negotiate with the property owners of Shorewood Drive. Mr. Braselton requested that the Board make a motion to approve the site plan. Vote on the motion carried unanimously. There being no further business for the Board to consider the meeting was adjourned at 9:07 p.m. Bea McNeely, Chairperson PLANNING & ZONING BOARD MEETING MINUTES AUGUST 11, 2004 A Regular Meeting of the Planning & Zoning Board was held on August 11, 2004 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 Walter Schoenfeld OTHERS PRESENT Susan Chapman Ed Gardulski Todd Peetz Anthony Garganese NEW BUSINESS: Chairperson Vice Chairperson (late) 1 st Alternate Board Secretary Public Works Director City Planner City Attorney 1. Approval of Meeting Minutes: July 14, 2004 Motion by Mr. Fredrickson, seconded by Mr. Schoenfeld to approve the meeting minutes of July 14, 2004. Vote on the motion carried unanimously. 2. Review and Motion Re: Oak Park Condominiums Site Plan Township 24S Range 37E, Section 14, Tracts A & B - Steven Morgan, Applicant. Todd Peetz, City Planner, advised that this was a site plan to construct 40 condominium units, on 4.15 acres, in the R-2 zoning district. He added that the project was located between Shorewood Drive and Villages of Seaport. Todd Peetz, noted that staff had a concern regarding the traffic circulation. He explained that there is a proposed roadway widening project on N. Atlantic to accommodate proposed traffic lights at the entrance of the Villages of Seaport and at the entrance of Shorewood Drive. He explained that this would leave a right turn deceleration lane, a north bound through traffic lane, and a south bound left turn lane before a driver could get to a south bound through lane. He voiced his concern that this type of turning movement would create safety concerns. Public Works Director, Ed Gardulski, gave an status update of the roadway widening project relating to relocation of utilities. Steve Morgan, project engineer, advised that he met with city staff, several times, and all comments had been satisfactorily address; a driveway permit has been issued by the County for the property access; trees would be preserved where possible; Towne Realty has no interest in providing access on Shorewood Drive for this project; and a six ft. high wood fence will be installed along the property line between Villages of Seaport and this project. Planning & Zoning Board Meeting Minutes August 11, 2004 17 Page 2 The Board members held discussion regarding traffic circulation, the sidewalk on Shorewood Drive being 15 ft. from the rear setback of the building; there were no dimensions of the roadway width or sidewalk width depicted on the submitted site plan; restricted ingress and egress; a traffic light that wa Id service this project and Shorewood Drive; an emergency access road located at the north end of Villages of Seaport that was never approved by the Board; traffic flow congestion. Residents of Villages of Seaport, Shorewood Condominiums, and Solana Lakes, voiced concerns and comments about the project. David Langstrom, President of two Villages of Seaport Home Owners Associations, advised that the north access road is required by their residents. He further advised that they agreed that the access road will be for right turn, and exit only, as requested by the Public Works Director. Motion by Lamar Russell, seconded by Leo Nicholas, to postpone action on this agenda item until the next meeting, for additional information, to be provided by the developer and staff as follows: • Developer to provide a picture of the rear elevations. • Show a clear dimension of the roadway and sidewalk widths on the site plan. • Provide a copy of the city's roadway improvement plan. • Clarify the Building department's quarterly report regarding Oak Park having an extended special exception. • Copy of the city code depicting roadway separation requirements. • Staff to provide a drawing showing to scale, all ingress and egress points from Central Blvd. to the north end of N. Atlantic Avenue; and Todd Peetz to certify peak trips of these access points. Vote on the motion carried unanimously. Chairperson McNeely called for a five minutes recess at 9:30 p.m. The meeting was called back to order at 9:35 p.m. 3. Review and Recommendation to City Council Re: Easement Vacation Agreement, E-6 Official Record Book 782, Pages 143 - 148 - Ed Gardulski Public Works Director. Public Works Director, Ed Gardulski, advised that he reviewed the easement, which is 1,255 ft. long, and 12 ft. wide, and located under the United Space Alliance structure. A record search did not reveal any vacation of the subject easement. Although such vacation of the easement may or may not exist, it is not being utilized by the City. Brief discussion followed. Motion by Lamar Russell, seconded by Leo Nicholas to recommend approval. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes August 11, 2004 Page 3 4. Review and Recommendation to City Council Re: Changes to Definitions, Specifically: Structures, Accessory Use; and Yard Accessories, Pursuant to Section 110-1. Todd Peetz, City Planner, advised that the Todd Morley, Building Official, reviewed the proposed ordinance and commented that the last sentence in the definition of a "Structure" be stricken, because one could argue that a structure is being used for something other than a business or living quarters, and therefore, by this definition, as written, would be allowed. Discussion followed regarding the definition of "Yard Accessories". The Board concluded to recommend the definition of a "Structure", as written; and to add "play equipment' to the definition of Yard Accessories. Motion by Bea McNeely, seconded by Lamar Russell, to recommend approval of the Definitions with noted changes. 5. Review and Recommend to City Council Re: Planning Board Procedures Supplementing the Uniform Board Rules and Procedures adopted by City Council Pursuant to Section 2-171 (i). The Board members reviewed the proposed draft ordinance regarding Planning Board Procedures. Bea McNeely, Board Chairperson, noted that the procedures did not address ex -officio members, and advised that it needed to be added. Anthony Garganese, City Attorney, responded that he has presented the ordinance to the City Manager to place on an upcoming City Council agenda. The Board members agreed that the ordinance should read that the "Meetings shall be held at the Cape Canaveral City Hall Annex, or any other location deemed necessary by the Board." Motion by Bea McNeely, seconded by Lamar Russell to recommend approval of the proposed ordinance establishing Board procedures with the noted changes. Due to the late hour, Chairperson McNeely polled the Board members. It was agreed that the meeting time would be extended another 15 minutes. DISCUSSION Discussion Re: Eaves, Canopies and Overhangs Section 110-538 Encroachments Todd Peetz, City Planner, read a memo from Todd Morley, Building Official, regarding a request for the Board to clarify the definition a "canopy" to differentiate it from "roof overhang" or "eaves". Following discussion, the Board agreed that "canopies" should be defined as a flexible, and fabric like structure. Planning & Zoning Board Meeting Minutes August 11, 2004 Page 4 There being no further business for the Board to consider the meeting was adjourned at 10:15 p.m. 1 `Bea McNeely, Chairpers Susan L. Uhip-iffian, 140ard Secretary PLANNING & ZONING BOARD MEETING MINUTES JULY 14, 2004 A Regular Meeting of the Planning & Zoning Board was held on July 14, 2004 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 Andrea Shea King MEMBERS ABSENT Walter Schoenfeld Dennis Jenkins OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Robert Hoog Ed Gardulski NEW BUSINESS: Chairperson Vice Chairperson I st Alternate 2nd Alternate (late) Board Secretary City Planner City Attorney Vice Mayor Public Works Director 1. Approval of Meeting Minutes: June 23, 2004 Motion by Mr. Fredrickson, seconded by Mr. Russell to approve the meeting minutes of June 23, 2004, with the request of the City Attorney that the 3rd sentence on page 2 be stricken because it could be mis-interpretated. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Easement Agreement along the West -Side N. Atlantic Avenue - Ed Gardulski, Public Works Director. Mr. Gardulski, Public Works Director, explained that throughout the year the City is required to obtain easements from property owners to perform City projects such as installations of sidewalks, sewer lines, stormwater lines and landscaping. The Board members reviewed an Easement Agreement from Green International Development Corporation. Mr. Gardulski advised that this was a 20 foot wide easement located along the west side of N. Atlantic Avenue; the easement is needed for the relocation of the sidewalk as the result of the addition of a turn lane to be added to N. Atlantic Avenue; FPL and other utilities will be able to relocate their lines underground within the easement area in the future. He noted that after recommendation by the Board, this Easement Agreement will be presented to the City Council. Brief discussion followed. Planning & Zoning Board Meeting Minutes July 14, 2004 Page 2 Motion by Mr. Fredrickson, seconded by Ms. Shea -King to recommend approval of the Easement Agreement to City Council. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: Harbor Heights Subdivision - 2nd Addition Easement Agreements - Ed Gardulski, Public Works Director. Mr. Gardulski, Public Works Director, advised that the contiguous agreements contained in the Board packet was for a 20 foot wide easement along the south side of the Harbor Heights Subdivision, 2nd Addition. He explained that the 20 foot parcel between Harbor Heights and Ocean Woods that is now part of Harbor Heights shall be retained as a utility easement; the easement is needed to remove any clouds that may be present in regards to the existing utilities in place; this easement agreement will vacation the 10 foot wide easement noted for lots 12, 13, 14, 16, 17, 19, 20, 21, 22 and 24 of the Harbor Heights 2nd Addition recorded plat. He noted that the Public Works Director supports the vacation of this original 10 foot easement for the stated lots only. He advised that the property owners of Lots 18 and 23 did not agree with this Easement Agreement. He noted that after recommendation by the Board, this Easement Agreement will be presented to the City Council. Brief discussion followed. Motion by Mr. Russell, seconded by Ms. Shea -King to recommend approval of the Easement Agreements to City Council. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Easement Agreements as the Result of Pending Vacation of Road Right -of -Way for Patrick T. Lee and David & Michaelyn E-ppley - Ed Gardulski, Public Works Director. Mr. Gardulski, Public Works Director, advised that the two contiguous agreements contained in the Board packet is a 20 foot wide easement divided equally between the Petitioning property owners David and Rhonda Lee and David and Michaelyn Eppley. He explained that this Easement Agreement was the result of a pending vacation of a portion of Ridgewood Avenue (Harbor Drive), Harbor Heights Subdivision - 3rd Addition; On May 4, 2004, the City Council considered at first reading (Ordinance No. 10-2004) the vacation of a portion of Harbor Drive (Ridgewood Avenue) between Lots 19 and 100. He noted that after recommendation by the Board, this easement agreement will be presented to the City Council. Brief discussion followed. Motion by Mr. Russell, seconded by Mr. Fredrickson to recommend approval of the Easement Agreements to City Council. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes July 14, 2004 Page 3 DISCUSSION Discussion Re: Temporary Structures The Board members reviewed and held discussion regarding definitions from other cities, provided by Todd Peetz, City Planner. Following discussion, the Board concluded to request City Attorney Garganese draft a proposed ordinance establishing definitions of the following: Yard Accessories (Cocoa Beach), Accessory Use (Winter Springs) and Structure (Winter Springs). The Board suggested that the definitions of Building and Principal Use of Structure remain the same. Motion by Ms. Shea -King, seconded by Mr. Russell to agenda the proposed ordinance for consideration at the next meeting. Vote on the motion carried unanimously. 2. Discussion Re: LoweringDensity Todd Peetz, City Planner, advised that the County residential density in Avon by the Sea is 15 to 30 units per acre, the residential density in Cocoa Beach is 10 dwelling units per acre and Satellite Beach is 11 units on the Ocean, 10 dwelling units everywhere else. Discussion followed. (No further direction was given.) There being no further business for the Board to consider the meeting was adjourned at 9:05 p.m. /Z'0� U L-te�' Bea McNeely, Chairperson Susan L. Chapm , oar Secretary PLANNING & ZONING BOARD MEETING MINUTES JUNE 23, 2004 A Regular Meeting of the Planning & Zoning Board was held on June 23, 2004 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 Andrea Shea King Walter Schoenfeld 1 st Alternate MEMBERS ABSENT Dennis Jenkins 2nd Alternate OTHERSPRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Vice Mayor Todd Morley Chief Building Official NEW BUSINESS: 1. Approval of Meeting Minutes: June 9, 2004 Motion by Ms. Shea -King, seconded by Ms. McNeely to approve the meeting minutes of June 9, 2004, with the following noted clarification. Vote on the motion carried unanimously. On page 3, Discussion Item #1, MPUD, a sentence should read as follows: "Discussion followed regarding: special exceptions; establishing maximum acreage; the city does not have a down -town district; most cities that have MPUDs are older; MPUD would create a walking environment; universal standards would need to be created i1a every zening ; eliminating townhomes; and lowering density. DISCUSSION: 1. Discussion Re: Temporary Structures. The Board members reviewed and held discussion regarding Section 110-538 and photographs of temporary carports. Todd Morley, Building Official, advised that the city code definitions are not defined. The Board members voiced concerns regarding wind up -lift and placement of these temporary structures in the required setbacks. Following discussion, the Board concluded that the City code definitions should be redefined for the following: structure, temporary structure, accessory structure, accessory use, and building. Also, Todd Peetz will submit various definitions from other cities to present to the Board for review and consideration at the next meeting. Planning & Zoning Board Meeting Minutes June 23, 2004 Page 2 2. Discussion Re: Lowering Density. Ms. Shea -King voiced her opinion that allowing 15 units per acre was too much. - - Discussion followed. City Attorney Garganese explained that the City would need to create legitimate rationale to change the density. -U :-� of the Q&s ward e-density--ean--not-be-changed-adrninistr-atiwly. Following discussion, the Board concluded that Todd Peetz will research what the densities are in other local beachside communities for discussion at the next meeting. OTHER DISCUSSION: Todd Peetz, City Planner advised that with the assistance of the City Attorney, he will evaluate and critique a draft MPUD when it is submitted by the developer. There being no further business for the Board to consider the meeting was adjourned at 9:10 P.M. /66A_ 12 i�_ )Wxq� Bea McNeely, Chairperson Susan L. Chapman, Board Secretary PLANNING & ZONING BOARD MEETING MINUTES JUNE 9, 2004 A Regular Meeting of the Planning & Zoning Board was held on June 9, 2004 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 Andrea Shea King Walter Schoenfeld 1 st Alternate MEMBERS ABSENT Lamar Russell Dennis Jenkins 2nd Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Steve Miller Council Member NEW BUSINESS: 1. Approval of Meeting Minutes: May 26, 2004 Motion by Mr. Nicholas, seconded by Mr. Fredrickson to approve the meeting minutes of May 26, 2004, as corrected. Vote on the motion carried unanimously. 2. Review and Motion to Approve: Revised Site Plan for Puerto Del Rio, Phase III - Stottler, Stagg & Associates, Project Engineers. Todd Peetz, City Planner advised that this item was postponed at the last meeting due to discrepancies and inconsistencies throughout the submitted site plan. He verified that the setbacks and numbering of the buildings were corrected. Jason Schaeffer, representative for the project engineer, testified that the original site plan was approved last August and at the request of the fire department the pump house was removed. The Board members reviewed the revised site plan. Mr. Schaeffer verified that the building setbacks were correct. Discussion was held regarding the submitted landscape plan. Chairperson McNeely advised that according to city code, Buttonwood Trees, is considered a small tree. Mr. Schaeffer responded that there exists ample landscaping along Puerto Del Rio Drive and Central Boulevard. Chairperson McNeely voiced her opinion that the landscaping is sparse. Discussion continued regarding building setbacks. Planning & Zoning Board Meeting Minutes June 9, 2004 Page 2 Todd Peetz, City Planner, advised that he reviewed the Community Appearance Board project file. His research revealed that the Phase I site plan and Phase I landscape plan was submitted for Phase III, with a letter that stated that landscaping in Phase III would be similar. Discussion followed. Mr. Schaeffer advised that small vegetation would be added in addition to what is shown on the submitted landscape plan. Chairperson McNeely, stated for the record that the Community Appearance Board did not review this landscape plan. Mr. Nicholas stated that the City Engineers are also the project engineers and it is apparent that they have maximized the density and minimized what they could. Mr. Schoenfeld voiced his opinion that, again, the plans do not show what they plan on doing. Discussion continued regarding the changes. City Attorney Garganese advised that this was a minor change and this is not the time to make them go through the entire site plan process. Motion by Leo Nicholas, seconded by Andrea Shea -King to approve the revised site plan for Puerto Del Rio, Phase III. Vote on the motion carried by a (4) to (1) majority vote with members voting as follows: John Fredrickson, for; Bea McNeely, against; Leo Nicholas, for; Andrea Shea -King, for; and Walter Schoenfeld, for. 2. Review and Motion Re: Radisson Fabric Structure Parking Lot Improvements Site Plan - Bob Bau hg_ er_Applicant. Todd Peetz, City Planner, advised that a good portion of the parking lot was approved when the Fabric Structure was approved, the remainder of the parking lot was improved so he could add additional seating. The Board members reviewed the submitted site plan. Dave Menzel, project engineer, advised that this parking lot was existing; the parking lot will be resealed; islands and landscaping will be added; the irrigation will remain the same; the parking lot did not drain and the asphalt was deteriorated; the parking lot was upgraded to allow sufficient drainage; the parking spaces were shifted away from the fabric structure; now they have positive drainage; the parking lot is much larger than what was shown on the approved Fabric Structure Site Plan; there is more green space around the fabric structure which allowed for more pervious area and additional landscaping; and the parking lot improvements brought the parking lot up to current code. Discussion followed. Bob Baugher, property owner, advised that there is a sidewalk around the Fabric Structure; the land to the south was excluded from the Fabric Structure Site Plan; he pledged to install the sidewalk at the same time the developer to the west installs their sidewalk to match the grades. He advised that he has already staked the property where the sidewalk will be installed. The sidewalk will be on the City's property except at the right of way in front of the Fabric Structure; he is negotiating with the Public Works Director regarding giving the City an easement where the sidewalk needs to go in the area where there is a merging lane. He verified that as a citizen and business owner he will install the sidewalk, but not as part of this site plan. Planning & Zoning Board Meeting Minutes June 9, 2004 Page 3 Motion by Andrea Shea -King, seconded by Walter Schoenfeld to approve the Radisson Resort Fabric Structure Parking Lot site plan improvements as presented. Vote on the motion carried unanimously. DISCUSSION 1. Discussion Re: Mixed Planned Unit Development(s) - Todd Peetz City Planner. Todd Peetz, City Planner advised that the Board members raised concerns at the last meeting regarding his involvement with the developer; this developer was paying him to present the concept to the Board; at the City's request, he will no longer be involved with the developer; the developer will need to hire his own attorney and planner to present his request for a MPUD to the Board. Mr. Nicholas advised that he was ready to contact the Commission on Ethics as to Todd Peetz's involvement with this developer. Mr. Nicholas advised that he was glad that Mr. Peetz will no longer be involved with the developer as he was hired by the City to be the City Planner. Todd Peetz, City Planner advised that as discussed at the last meeting, some questions were raised as to where a Mixed Planned Unit Development (MPUD) could be located. Also, how would MPUDs be approved, by whom and what would the general approval process be. He provided a map showing vacant areas in the City. He pointed out that using the map, the number of vacant five acre parcels was very limited. In addition, where MPUDs would make sense are also limited and depicted the potential locations. He advised that a couple of the parcels have been approved as residential special exceptions; one location would be a redevelopment project, but from a pedestrian friendly and town center perspective, it may be another candidate (long term). He advised that there are pro's and con's with each of the depicted areas. Some would make sense and others may not. He voiced his opinion that some location criteria should be established so that it further directs where these types of use should go. The other portion of his task was how the general approval procedure would be accomplished. He advised that as of today's date, he has not been able to coordinate with the City Attorney's office. The Board members reviewed the city map of existing vacant parcels. Councilman Miller asked the Board to consider what types of uses in a MPUD would be desirable and limit types of businesses; and consider an MPUD on a case-by-case basis. Attorney Garganese advised there are no vested rights to a property that does not have an approved site plan. City Planner Todd Peetz advised that the parcel of property that developer Martin Greene wishes to develop as an MPUD would require a Comprehensive Plan amendment. Attorney Garganese verified that the Comprehensive Plan does not specifically address MPUD. Discussion followed regarding: special exceptions; establishing maximum acreage; the city does not have a down -town district; most cities that have MPUDs are older; MPUD would create a walking environment; universal standards would need to be created in every zoning district; eliminating townhomes; and lowering density. Following discussion, the Board requested that there be a discussion item on the next meeting Agenda regarding lowering density. Planning & Zoning Board Meeting Minutes June 9, 2004 Page 4 2. Discussion Re: Encroachments in the Setbacks - Leo Nicholas Mr. Nicholas advised that he was concerned with temporary and portable canopies that are located in front yards and in the setbacks. He advised that he does not understand why the Building Official is allowing them. He believed that the code seems to be specific, but is not being enforced, and obviously, there is a difference of opinion. Discussion was held regarding temporary awnings, canopies, umbrellas and free-standing structures. The Board concluded to request the Building Official to be present at the next meeting to explain why these temporary structures are being allowed. There being no further business for the Board to consider the meeting was adjourned at 9:40 p.m. Bea McNeely, Chairperson Susan L. Chapman, Board Secretary PLANNING & ZONING BOARD MEETING MINUTES May 26, 2004 A Regular Meeting of the Planning & Zoning Board was held on May 26, 2004 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 (late) John Fredrickson Vice Mayor Walter Schoenfeld 1st Alternate MEMBERS ABSENT Andrea Shea King Dennis Jenkins 2nd Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Vice Mayor NEW BUSINESS: 1. Approval of Meeting Minutes: May 12, 2004 Motion by Mr. Schoenfeld, seconded by Mrs. McNeely to approve the meeting minutes of May 12, 2004, as corrected. Vote on the motion carried unanimously. 2. Review and Motion to Approve: Revised Site Plan for Puerto Del Rio, Phase III - Stottler, Stagg & Associates, Project Engineers. Todd Peetz, City Planner advised that city staff had reviewed the revised site plan and recommended approval; he did not included a staff report with the Board packet because the letter of Stottler, Stagg & Associates explained the revisions. Mr. Jason Schaeffer, representative for Stottler, Stagg & Associates advised that the pump house was removed at the request of the fire department and added a new fire main along Astronaut Blvd.; the underground water line was relocated. Mr. Schaeffer noted that wetland mitigation delayed the start of the project construction. Mr. Peetz advised that he spoke with the Building Official regarding minor or insignificant site plan changes and they thought perhaps these types of changes could be • administratively approved. Discussion followed. The Board members agreed that the Board should review revisions to approved site plans. Chairperson McNeely advised that Puerto Del Rio was a big project and any changes should be reviewed by the Board. Planning & Zoning Board Meeting Minutes May 26, 2004 Page 2 - - The Board -members reviewed the submitted site plan. Discussion followed regarding the building setbacks not being shown on the site plan to be in compliance with City code; the building numbers were inconsistent; types of trees; the submitted landscape plan being approved by the Community Appearance Board; and shared entrances Mr. Nicholas stated for the record that this project engineer Stottler Stagg & Associates was our City Engineers and they knew better than to make these mistakes. The Board was concerned because the City Engineers make recommendation to the Board for approval of all projects requiring site plans. Motion by Mr. Schoenfeld, seconded by Mr. Nicholas to postpone this agenda item until the next meeting to give the applicant time to correct the discrepancies and inconsistencies. Vote on the motion carried unanimously. OLD BUSINESS: 1. Review and Motion Re: Radisson Fabric Structure Parking Lot Improvements Site Plan - Bob Baugher, Applicant (Recommend Tabling,). Motion by Mr. Nicholas, seconded by Mr. Schoenfeld to table this agenda item until the Secretary confirms with the applicant that he can be present at the meeting. Vote on the motion carried unanimously. DISCUSSION 1. Discussion Re: Mixed Planned Unit Development(s) - Todd Peetz, City Planner. Todd Peetz, City Planner advised that this idea was in the conceptual stages. He presented a slide presentation regarding mix use of residential and commercial development in other areas such as downtown Winter park, Celebration, and Baldwin Park. Mr. Peetz pointed -out on the city map potential sites where this type of concept could work. He advised that the City Council had requested that the City planner present a mixed MPUD (Mixed Planned Unit Development) concept to the P & Z Board for consideration. The Board questioned why our City Planner was doing this work for a developer. Mr. Peetz responded that the developer will pay him for the work through the City. He explained that he was representing the City on this concept. Mr. Russell advised that the city has established zoning and it works well for the citizens; the city has a RPUD (Residential Planned Unit Development) ordinance and special exceptions to allow residential uses in commercial zoning district; this plan would impact existing zoning by overlaying and mixing the uses; the Comprehensive Plan would need to be changes before changing zoning; the City would need to advertise, have public hearings, and notify all property owners throughout the city before making a change. Discussion followed. Following discussion, the Board agreed that they would need the consensus of the community. Mr. Peetz advised that the next step would be to draft an amended ordinance to expand on general concepts of a mixed planned unit development. Planning & Zoning Board Meeting Minutes May 26, 2004 Page 3 Mr. Fredrickson questioned why the City should take the lead on this through a member of city staff and not from a developer requesting the MPUD. Mr. Greene, a developer, advised that this concept would be a benefit to the city and its residents. The Board members voiced their individual opinions. Mr. Peetz advised that he needed direction from the Board to move forward. Following discussion, the Board agreed that at the next meeting they could look at areas within the City where this concept might work; and requested that Mr. Peetz report back to the Board if the Comprehensive Plan would need to be changed. 2. Discussion Re: Encroachments in the Setbacks - Leo Nicholas Mr. Nicholas advised that he noticed tent like structures around the City. He brought it to the attention of the Building Official who advised him that these were not considered encroachments into the setback and permits were not required for these types of structures. Mr. Nicholas disagreed and voiced his opinion that they could be hazardous projectiles and they obstruct visibility. He suggested that perhaps the aesthetic ordinance could prohibit portable structures. The Board members reviewed the city code. Chairperson McNeely advised that the code could be amended to say that they must be attached to the building. City Attorney Garganese advised that he would bring something back to the Board for consideration. Due to the late hour the Board concluded to adjourn the meeting and place this discussion on the next agenda. There being no further business for the Board to consider the meeting was adjourned at 10:00 P.M. Bea McNeely, Chairperson Susan L. Chapman, Board Secretary PLANNING & ZONING BOARD MEETING MINUTES May 12, 2004 A Regular Meeting of the Planning & Zoning Board was held on May 12, 2004 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 John Fredrickson Andrea Shea King Walter Schoenfeld 1 st Alternate Dennis Jenkins 2nd Alternate MEMBERS ABSENT Leo Nicholas Lamar Russell OTHERS PRESENT Duree Alexander Todd Peetz Anthony Garganese Rocky Randels Robert Hoog NEW BUSINESS: Vice Chairperson Acting Board Secretary City Planner City Attorney Mayor Vice Mayor 1. Approval of Meeting Minutes: April 28, 2004 Motion by Dr. Fredrickson, seconded by Mr. Schoenfeld to approve the meeting minutes of April 28, 2004, as submitted. Vote on the motion carried unanimously. 2. Review and Motion Re: Country Inn & Suites Site Plan, Township 24,Range 37 Section 15, Tracts A & B — Neil Weber, Applicant Todd Peetz addressed the board and explained this was a request to build a one hundred and fifty-four (154) room hotel. The current zoning was C-1, Commercial Zoning District. They have provided three hundred and four (304) parking spaces with an out parcel restaurant, but have sufficient parking for both. A traffic concurrency report was completed and reviewed with no problems. This parcel has no endangered species and sufficient water and sewage capabilities. This is a commercial piece of property with no population impacts. Neil Weber, Architect -Project Manger addressed the board and stated the Country Suites was a upper middle class hotel with limited services and no conference facilities, which could serve up to five hundred (500) people. He also stated the hotel would have a Florida style building with a stucco type exterior. Planning & Zoning Board Meeting Minutes May 12, 2004 Page 2 Chairperson McNeely addressed concerns regarding traffic flow on site and traffic ingress and egress. Mr. Weber stated that they had worked with the Department of Transportation and had met all requirements for ingress and egress of the property. There was discussion regarding the on site flow of traffic and Chairperson McN, requested that the traffic flow arrows be painted on staff feels that is a positive step they would comply. There was a brief discussion regarding the landscaping and Mr. Weber stated they would work with staff regarding the type and placement of vegetation. A motion was made by Ms. Shea -King to accept the site plan with the condition that adequate traffic markings be delineated on the surface of the parking lot. Dr. Fredrickson seconded the motion. Vote on the motion carried unanimously. 3. Review and Motion Re: Sunrise Villas Town homes Final Plat, Township 24, Range 37, Section 14, Parcel 507 — James E. Morgan, Applicant. Todd Peetz informed the Board that this was a final replat to create three new lots out of one. The applicant is replatting and has built three (3) residential units. The subject property itself is still under construction nearing completion. Mr. Morgan provided the address of site and stated that the easements and utilities met all City Codes. A motion was made by Dr. Fredrickson to approve the final plat. Ms. Shea -King seconded the motion. Vote on the motion carried unanimously. 4. Review and Recommend Re: Recommend to City Council Planning oard Procedures Supplementing the Uniform Board Rules and Procedures adopted by City Council pursuant to Section 2-171. Chairperson McNeely referred to page (1), Section (2), (1), Regular Meeting and stated that the Board had discussed this section and as part of the meeting times they wanted added at the end of the sentence "shall hold regular meetings at 7:30 pm on the second and fourth Wednesday of each month of the year" would end at 10:00 pm unless a majority vote wanted to extend the time. Mr. Garganese agreed to add this request. Chairperson McNeely referred to Page (2), item number (3), ex -officio members being appointed by the City Council to this Board and ex -officio members from this Board being appointed the Board of Adjustment. Mr. Garganese stated that it was discussed and agreed that this section would be removed and would be brought to City Council to adopt in an Ordinance. Planning & Zoning Board Meeting Minutes May 12, 2004 Page 3 There was discussion by the Board regarding placing items on the agenda. It was suggested that the items be submitted a week and a day before the meeting. The Board agreed not to make any changes in this section. A motion was made OLD BUSINESS: Dr. Fredrickson to >te on the motion ca Resolution 2004-1. Ms. Y. 1. Review and Motion Re: Radisson Fabric Structure, Parking Lot Improvements Site Plan — Bob Baugher, Applicant (Recommend Tabling) Chairperson McNeely stated that this item has been recommended for tabling. Todd Peetz explained that there was a misunderstanding regarding the previous meeting dates, however, Mr. Baugher was in attendance and would like to provide an over view. Mr. Baugher stated that this revision of the site plan happened because they completed the resurfacing of the old parking lot. There was also a seating issue that Mr. Morley brought up with the capacity of the tent. They have expanded what was submitted in the first site plan with the same landscaping plan too include island throughout the parking lot. The parking lot was brought up to City Code, which left the retention the same and installed all new lighting throughout the lot. Bob stated that the City had requested that he install a sidewalk that was not on the site plan, however he has agreed to comply within thirty (30) days, when the development to the West of his property installs their sidewalk. A motion was made by Ms. King to table the item to the May 26, 2004 meeting. Dr. Fredrickson seconded the motion. Vote on the motion carried unanimously. DISCUSSION 1. Discussion Re: Mixed Planned Unit Development sl — Todd Peetz, City Planner. Todd Peetz presented a slide presentation regarding mix use of residential and commercial development in other areas such as Downtown Winter Park, Celebration, Baldwin Park. He stated that the mix use worked well together in other Cities. He stated is could be accomplished by placing residential over commercial. He pointed out that these developments provided pedestrian focal points such as landscaping, play grounds, water fountains and many natural amenities. Martin Greene, Developer addressed the Board and regarding potential sites within the City of Cape Canaveral to develop mix use. There was discussion regarding changing the Ordinance to allow the mixed use, the underling architectural theme of the project and the impact on the surrounding areas. Planning & Zoning Board Meeting Minutes May 12, 2004 Page 4 Todd Peetz suggested that he present a brief over view at the next Planning and Zoning meeting so that all the Board members could provide feedback regarding the proposal. The board agreed. There being no further business for the Board to consider the meetiniz was adiourned at 8:57 p.m. (7Duree Bea McNeely, Chairper nII1zz4-zk-/ ZI�O� Alexander, Acting Secretary PLANNING & ZONING BOARD MEETING MINUTES APRIL 28, 2004 A Regular Meeting of the Planning & Zoning Board was held on April 28, 2004 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 1 st Alternate MEMBERS ABSENT Andrea Shea King Dennis Jenkins 2nd Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Vice Mayor NEW BUSINESS: 1. Approval of Meeting Minutes: April 14, 2004 Motion by Mr. Russell, seconded by Mr. Fredrickson to approve the meeting minutes of April 14, 2004 as submitted. Vote on the motion carried unanimously. 2. Site Plan Approval - Radisson Resort Parking Lot Revision - Radisson Fabric Structure, Radisson Resort - Robert A. Bau hg er, Applicant. Mr. Russell moved to change the order of the Agenda because there was no representative present at the meeting. Following discussion and recommendation of agenda item #3 the Board members returned to this item. Mr. Peetz, City Planner advised that the Radisson Fabric Structure refurbishing and restriping the parking lot would allow for additional seats. Mr. Garganese, City Attorney noted that a sidewalk was required and questioned why the sidewalk was not shown on the site plan. Chairperson McNeely questioned the landscape plan. Mr. Nicholas questioned why an irrigation plan was not included on the site plan. Discussion followed. The Board concluded that no decisions could be made on this agenda item until the Board speaks to the applicant. Motion by Mr. Nicholas, seconded by Mr. Russell to postpone this agenda item until the next meeting. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes April 28, 2004 Page 2 3. Discussion Re: Rules and Procedures for the Planning & Zoning Board in Relation to City Code Section 2-171, Boards, and Committees & Commissions. Chairperson McNeely explained that the City enacted an ordinance establishing uniform procedures of City Boards and Committees. City Attorney Garganese advised that the City Council allows supplemental rules and procedures of Boards. Discussion was held regarding the role of ex -officio members. Chairperson McNeely advised that she was an ex -officio member to the Board of Adjustments. She noted that she provides assistance to the Board but does not vote. The Board members reviewed their adopted Rules and Procedures in conjunction with Section 2-171 of the City Code. Following discussion, City Attorney Garganese advised that based on the Board's discussion, he would draft a Resolution of the Board Procedures for review and recommendation to City Council for consideration at the next meeting. DISCUSSION Mr. Nicholas requested a discussion item be placed on the next meeting agenda regarding encroachment into setbacks, Section 110-538 and asked that the Building Official attend the meeting. There being no further business for the Board to consider the meeting was adjourned at 8:57 p.m. &- .et— ),-2 Zd Bea McNeely, Chairperson Susan L. Chapman, Board Secretary PLANNING & ZONING BOARD MEETING MINUTES --- APRIL 14, 2004 A Regular Meeting of the Planning & Zoning Board was held on April 14, 2004 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 MEMBERS ABSENT Andrea Shea King Lamar Russell Walter Schoenfeld 1 st Alternate Dennis Jenkins 2nd Alternate OTHERSPRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Todd Morley Building Official All persons giving testimony were sworn in by City Attorney Garganese. OLD BUSINESS: 1. Approval of Meeting Minutes: April 14, 2004 Motion by Mr. Fredrickson, seconded by Ms. McNeely to approve the meeting minutes of April 14, 2004 as written. Mr. Fredrickson complimented the Board Secretary for a great job on the clarity of the minutes of a very complicated meeting. Vote on the motion carried unanimously. 2. Discussion Re: Amending Chapter 94, Signs - Article III, Size Location and Construction: Division 2, Types of Signs, Section (B)(1) - Establishing Rationale on the Amount of Allowable Signage on Areas Under Development. City Attorney, Anthony Garganese, gave an overview of the recommendations suggested by City Council to change and establish rationale of the proposed ordinance regarding temporary signs. Following a lengthy discussion the Board concluded recommended that the proposed ordinance be updated to include the following: allow sub -contractors to post a sign during construction; to allow a maximum of three signs per residential lot not to exceed 6 sq. ft. per sign; all non-residential signs shall be allowed for 60 days once per year per event; and to update the sign chart to include every type of sign in the new ordinance and to add a column regarding time limitations. Planning & Zoning Board Meeting Minutes April 14, 2004 Page 2 Motion by Ms. McNeely, seconded by Mr. Fredrickson to direct the City Attorney to make the changes to the proposed sign ordinance and send it directly to City Council. Vote on the motion carried unanimously. 3. Presentation and Discussion Re: Special Exceptions. Motion by Mr. Fredrickson, seconded by Ms. McNeely to add this item to the agenda. Vote on the motion carried unanimously. City Attorney, Anthony Garganese advised that he wrote a correspondence following Monday night's Board of Adjustment meeting for a legal opinion regarding consideration and approval or denial of applications for special exception under the City's zoning code. He explained that a special exception is a legislatively established use of property, not specifically permitted by right in a particular zoning classification, but which maybe appropriate under certain conditions and safeguards. To be entitled to a special exception an applicant must show that the proposed use is recognized as potentially appropriate under the zoning classification; that the criteria for the exception would be met; and that public interest would not be adversely affected. Therefore, a property owner requesting an exception must show that it has met each of the criteria.. If these conditions have been met, an application cannot be denied unless there is substantial and competent evidence to show that the criteria has not been met, such as the requested exception is adverse to the public interest. He further explained that a special exception is not equivalent to a rezoning, but merely allows the board to exercise discretion whether it is reasonable based on legislative criteria to permit a unique use within a particular zoning district. He advised that the burden of proof in special exception proceedings is upon the applicant. Mr. Garganese outlined that Planning & Zoning Board's role and Board of Adjustment's role in considering special exceptions; the standard of reviews; and imposition of conditions and safeguards on approved special exceptions. Mr. Garganese concluded that special exception applications must be approved by the Board of Adjustment if the applicant demonstrates by competent substantial evidence that the application complies with the standard of review criteria for special exceptions. The Board of Adjustment may expressly and clearly impose reasonable conditions and safeguards on a special exception permit. However, a special exception application may be denied if the application fails to comply with the standard of review criteria for special exceptions, is not in compliance with the comprehensive plan, or is adverse to the public interest. Discussion followed. Note: A copy of The City Attorney's correspondence shall be attached to these minutes for future reference. There being no further business the meeting was adjourned at 10:00 p.m. ) Bea McNeely, Chairpers L Susan L. Chap am n, oard Secretary BROWN, SALZMAN, WEISS & GARGAN__ESE, P.A. Attorneys at Lase Usher L. Brown' Suzanne D'Agresta° Anthony A. Garganese° Gary S. Salzman° John H. Ward • Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer °Board Certified Business Litigation Lawyer °Board Certified City, County & Local Government Law Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher Cocoa & Viera Joseph E. Blitch Jeffrey P. Buak° John U. Biedenham, Jr. Lisa Fletcher -Kemp Douglas lambert Katherine Latorre Michelle A. Reddin Kimberly F. Whitfield April 14, 2004 The Honorable Chair and Members of the Board of Adjustment City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Re: Special Exceptions - Procedures and Criteria City of Cape Canaveral - Building Code Enforcement Our File No.: 513-008 Dear Honorable Chair and Members of the Board of Adjustment: Erin J. O'Leary Of Counsel This correspondence is written following a request by the Board of Adjustment for a legal opinion regarding consideration and approval or denial of applications for special exceptions under the City's zoning code. Generally A special exception is a legislatively established use of property, not specifically permitted by right in a particular zoning classification, but which maybe appropriate under certain conditions and safeguards.' To be entitled to a special exception an applicant must show: (1) that the proposed use is recognized as potentially appropriate under the zoning classification; 'A special exception is not equivalent to a rezoning. A rezoning completely changes the property's zoning classification (e.g. from R-1 low density residential to C-1 low density commercial). A special exception does not change the zoning, but merely allows the board to exercise discretion whether it is reasonable based on legislative criteria to permit a unique use within a particular zoning district. 225 East Robinson Street, Suite 660 • P.O. Box 2873.Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 - Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.odandolaw.net • Email: firm@orlandolaw.net The Honorable Chair and Members of the Board of Adjustment April 14, 2004 Page 2 (2) that the criteria for the exception would be met; and (3) that public interest would not be adversely affected.Z Initially, the burden of proof in special exception proceedings is upon the applicant. Therefore, a property owner requesting an exception must show that it has met each of the criteria provided above. If these conditions have been met, an application cannot be denied unless there is substantial and competent evidence (presented by the City or a third party) to show that the criteria has not been met, such as the requested exception is adverse to the public interest.3 The procedures to be implemented and the criteria to be considered by the Board of Adjustment and Planning and Zoning Board forthe City of Cape Canaveral are provided in sections 110-46 through 110-48 of the City Code. The process begins with an application for special exception, which shall indicate the section of Chapter 110 for which the special exception is requested and the grounds upon which it is sought and requested. Planning and Zoning Board's Role In Cape Canaveral, the Planning and Zoning Board is charged with review of any application for special exception and for written recommendations to the Board of Adjustment. Such recommendation may be for approval as submitted, approval with conditions or denial. There is no requirement in the City Code or under current Florida law that such recommendation be in the form of formal findings and conclusions of law, however, such may helpful to the Board of Adjustment in its consideration of the recommendation. Any such recommendation should by based upon consideration of applicable special exception criteria. Board of Adjustment's Role In Cape Canaveral, the Board of Adjustment is given the final decision making authority, subsequent to review and recommendation of the Planning and Zoning Board, to approve special exceptions. Any approval granted by the Board of Adjustment may be subject to conditions and safeguards that are reasonably necessary and appropriate under Chapter 110 of the City Code or other applicable City Ordinances. Alternatively, the Board of Adjustment can deny a special exception application where the special exception does not comply with applicable special exception criteria. 2 AT&T Wireless Services of Florida, Inc. v. Orange County, 23 F. Supp. 2d 1355,1359 (M.D. Fla. 1998). 3 Florida Power & Light Company v. City of Dania, 761 So. 2d 1089 (Fla. 2000); Jesus Fellowship, Inc. v. Miami -Dade County, 752 So. 2d 708, 709 (Fla. 3rd DCA, 2000). The Honorable Chair and Members -- of the Board of Adjustment April 14, 2004 Page 3 The Board of Adjustment, after consideration of the Planning and Zoning Board recommendation and testimony and evidence submitted at the public hearing, shall make formal written findings and conclusions of law based upon the considerations provided below. Any interested party may appeal (by certiorari review) the decision of the Board of Adjustment to the circuit court. See e.g., Footnote 3 Standard of Review Each application for special exception should be considered and reviewed against the following criteria to determine whether: (1) such request is in conformance with the City's Comprehensive Plan; (2) such exception is permitted under the applicable zoning category; (3) the request is in compliance with specific rules governing individual special exceptions (i.e. distance requirements between uses which sell or dispense alcoholic beverages); (4) In accordance with section 110-47, City Code, satisfactory provisions and/or arrangements have been made concerning: (a) Adequate ingress and egress to and from the property, including automotive, pedestrian, and emergency access; (b) Adequate off-street parking and loading to avoid creating undue noise, glare, odor, or other detrimental effects; (c) Adequate and properly located utilities are available or reasonably provided; (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties; (e) Signs and proposed exterior lighting arranged to promote traffic safety and minimize undue glare and incompatibility or disharmony with adjacent properties; (f) Adequate refuse and service areas; (g) Required setbacks and other open space; (h) Height; The Honorable Chair and Members -of the Board of Adjustment April 14, 2004 Page 4 (i) Landscaping; 0) Renewal and/or termination dates; and (k) The use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic, the building size and setbacks, its relationship to land values and other facts used to measure compatibility. and (5) Such exception is any way adversely effects the public interest. In consideration of the above criteria, the boards shall examine the application, which should be of sufficient detail that it addresses the criteria provided above. The board should also consider the testimony and evidence provided by the applicant or other interested parties relative to the application. The boards may question the applicant and interested parties relative to the application in order to flush out any other evidence deemed relevant by the boards to determine whether or not the applicant satisfies the special exception criteria. The board should also follow other applicable quasi-judicial rules including an applicant's right to cross-examine adverse witnesses and accepting expert testimony only from duly qualified experts. Although not specifically required by the code, the Planning and Zoning Board has required applicants to submit a conceptual plan so that the Board could adequately apply the special exception criteria. We believe requiring a conceptual plan is a valuable tool and necessary competent substantial evidence in considering the current special exception criteria. However, the City may wish to consider amending the Code such that the conceptual plan is legislatively imposed by the City Council. In City of Naples v. Central Plaza of Naples, Inc., 303 So. 2d 423, 425 (Fla. 2' DCA 1974), the court found that the only criteria which may be considered are those which are set forth in the Ordinance itself. Imposition of Conditions and Safeguards on Approved Special Exceptions The Board of Adjustment has the discretion, on a case-by-case basis, to impose reasonable safeguards and conditions on the approval of any special exception. It is our view that such reasonable conditions must tend to reduce any adverse impact which the special exception use may have upon the community or upon its neighbors. Further, the conditions must bear a relation to the standards set forth in the ordinance, cannot be arbitrary or discriminatory, and must be supported and necessitated by competent and substantial evidence. See Board of County Commissioners v. Snyder, 627 So. 2d 469 (Fla. 1993). The Honorable Chair and Members of the Board of Adjustment April 14, 2004 Page 5 Importantly, any conditions and safeguards must be expressly and clearly made a part of the special exception approval to be valid and enforceable. In re Kostenblatt, 640 A. 2d 39 (Vt. 1994) is instructive on the importance of this point. In Kostenblatt, the Vermont Supreme Court ruled that a property ownerwas not bound byhis representations at a zoning board special exception hearing, but only by the conditions imposed on the face of the permit. Particularly, the owner represented that a proposed firing range would have a maximum of five people at a time and would only allow 625 gun shots per day. The board approved the special exception on only the express conditions relative to the days and months of operation of the firing range. Afterthe firing range commenced operations, the neighbors complained that the property owner was violating the special exception permit conditions because the use was exceeding the representations that the property owner made at the special exception hearing. The property owner was, however, complying with the express conditions imposed by the board on days and months of operation. Because the property ownerwas in compliance with the express conditions, the court held that the property owner was not in violation of the permit as argued by the neighbors. Conclusion Special exception applications must be approved by the Board of Adjustment if the applicant demonstrates by competent substantial evidence that the application complies with the standard of review criteria for special exceptions. The Board of Adjustment may expressly and clearly impose reasonable conditions and safeguards on a special exception permit. However, a special exception application may be denied if the application fails to comply with the standard of review criteria for special exceptions, is not in compliance with the comprehensive plan, or is adverse to the public interest. We hope the foregoing is helpful and responsive to your inquiry. If you have any questions please feel free to call our offices Ve r yours, Anthony A. Garganese City Attorney AAG/Ig cc: City Council City Manager Planning & Zoning Board Todd Peetz, City Planner PLANNING & ZONING BOARD MEETING MINUTES MARCH 24, 2004 A Regular Meeting of the Planning & Zoning Board was held on March 24, 2004 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 Andrea Shea King Walter Schoenfeld 1 st Alternate MEMBERS ABSENT Dennis Jenkins 2nd Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese Robert Hoog City Attorney Vice Mayor James Morgan Council Member All persons giving testimony were sworn in by City Attorney Garganese. OLD BUSINESS: 1. Approval of Meeting Minutes: February 25, 2004 Motion by Mr. Russell, seconded by Mr. Fredrickson to approve the meeting minutes of February 25, 2004 as submitted. Vote on the motion carried unanimously. 2. Special Exception Request No. 03-07 to Allow Multi -Family Residential Use in the C-1 Zoning District (Holman Road), Section 26, Township 24 South, Range 37 East Lots 26 & 27 - James M. Jr. and Elizabeth C. Venable, Petitioners. Planning & Zoning Board Meeting Minutes March 24, 2004 Page 2 Mr. Todd Peetz, City Planner gave a recap of the issues that were raised at the previous meetings regarding the official zoning boundary. He explained that the minutes from the July 7, 1980, Board of Adjustment, Yolanda Curtis petitioned the Board of Adjustment to make an interpretation of the commercial zoning boundary; a survey was prepared by John Campbell and recommended by Briley, Wild & Associates (the City Engineers) to be the correct boundary, 361' feet being commercial from the west A 1 A right of way; The Board of Adjustment recommended to City Council to accept the survey with the depth of 361' feet on July 7, 1980; the City Council discussed the issue during their July 22, 1980 meeting; on August 6, 1980, the City Manager wrote a letter to Yolanda Curtis that "the official zoning map will be corrected to conform to this legal in the near future". Mr. Peetz further explained that the Department of Community Affairs (DCA) is requiring the City to submit a comprehensive plan amendment showing the property depth at 361 ft. as commercial (C-1) property in order to fix the City maps. Mr. Peetz added that DCA told him that as long as they had previously seen a depth 350' ft. of commercial property that they would recognize that depth. He verified that the depth of the 1996 future land use map did show a depth of 350' ft. Discussion followed. Mr. Peetz verified that the special exception request is for 350' ft. and therefore, the Board could move forward with its recommendation to the Board of Adjustments; he verified that the special exception fits within the 350' ft.; the petitioner owns the parcel in which the special exception is sought; and the property is 156' ft. X 183' ft.; he advised that staff reviewed the request and advised that any concerns would be addressed during the site plan review process. Mr. Venable, Petitioner respectfully requested that the Board consider changing the request to allow six townhouse units rather than eight condominiums. He advised that townhomes would look nicer. He advised that he was glad the zoning matter has been straightened out. He noted that the additional 11' ft. of property was owned by Mr. Wilson who would need to seek a special exception to include the property in which he is planning to building a single family home because the property is zoned commercial. He explained that the property abuts commercial and single family residential; he was proposing to construct low-density residential which is more desirable than any commercial use. Mr. Kern, project engineer, showed a concept plan of the property depicting the proposed site plan layout for the eight condominiums. Mr. Venable verified that the units and parking would be facing east. He noted that most of the units will have 2 -car garages, a few would have a 1 -car garage. The Board members verified that the property was surrounded by C-1 to the south, east and north, and residential to the west. Discussion followed regarding requiring adequate buffering between abutting commercial properties. Discussion continued. City Attorney, Anthony Garganese explained that the issue before the Board is to determine if the City wants to allow residential in the commercial zoning district and if so, does the City want to impose conditions. He advised that the Board could allow the special exception for townhomes or condominiums and limit the number of units. Ms. McNeely commented that she likes the idea of fewer units because it would be to the advantage of the City. Discussion continued. Planning & Zoning Board Meeting Minutes March 24, 2004 Page 3 Motion by Mr. Nicholas, seconded by Mr. Russell to recommend approval of Special Exception Request No. 03-07 to the Board of Adjustment, as submitted, with the following condition: adequate buffering is required where the property abuts commercial properties. Vote on the motion carried by a (3) to (2) majority vote with members voting as follows: Mr. Fredrickson, for; Ms. McNeely, against; Mr. Nicholas, for; Mr. Russell, for; and Ms. Shea -King, against. 2. Special Exception Request No. 04-01 to Allow Outside Storage of Recreational Vehicles and Boats in the C-1 Zoning District, Section 14, Township 24 South, Range 37 East, West 70 ft. of Parcels C & D, Tutens Subdivision - Howard and Betty Gould, Petitioners. Mr. Todd Peetz, City Planner advised that the request for Special Exception appears to meet the land development code requirements. He commented that the request is only for the western 70' ft. of the property; no mobile homes should be stored in the western 70' ft.; the access, especially to Central Boulevard, should be paved to the requirements of the fire department; landscaping should be added to meet the requirements in Sections 110-334, 110-566 and 110-567; consideration should be given to access a city sewer and drainage easement as requested by the public works department. Mr. Peetz verified that the parcel of property belongs to the Goulds, but does not belong to the trailer park; and this is not a request to expand the existing trailer park. Mrs. Gould verified that the trailers are being parked and stored and are unoccupied. Mr. Russell commented that the trailer park can not expand the number of lots or hook-ups and did not believe that parking and storing RV's is an expansion of the trailer park. Mr. Nicholas voiced his concerns regarding appearance. She planned to install Oleander's because they were pretty and would provide good screening when in bloom. Mrs. McNeely advised that she objects the request. She commented that these are vehicles that are not going to move, you can not mow around them; oil, grease, and gasoline leak onto the grass which runs off into the ditch and then into the river; they encourage vermin; and nothing was noted in the request that they planned to pave; Oleanders are the only screening proposed. Mr. and Mrs. Gould handed photographs to the Board members. They testified that they have motor homes, boats on trailers; and a derelict truck they are asking the owner to remove. Mr. Gould advised that he could not install a hedge close to the area because the rigs need to have room to move; some rigs are 13 ft. tall and 40 ft. long. Mrs. Gould testified that most people are their own tenants that live in the parks and the storage area alleviates safety concerns within the park; there are no repairs of the vehicles allowed and they are not allowed to wash the vehicles; they have no intensions to use the field or expand the use; and they have been providing this service to the residents of the City for 30 years. Mrs. Gould advised that she has a mowing company mow and weed whack around the vehicles. Discussion was held regarding providing adequate screening along Central Boulevard. Ms. McNeely voiced her concern that the Gould's may sell the property, and maybe the new owner will not maintain the area. Mr. Russell commented Planning & Zoning Board Meeting Minutes March 24, 2004 Page 4 that property maintenance is enforced by City code enforcement. Mrs. Gould verified that no one is allowed to occupy the units. Motion by Mr. Russell, seconded by Ms. Shea -King to recommend approval of Special Exception Request No. 04-01 to the Board of Adjustments with the following condition: a hedge shall be provided as depicted in Exhibit A; and parking shall only be allowed north of the dumpster. Vote on the motion carried by a (4) to (1) majority vote with members voting as follows: Mr. Fredrickson, for; Ms. McNeely, against; Mr. Nicholas, for; Mr. Russell, for; and Ms. Shea -King, for. NEW BUSINESS: 1. Preliminary Replat Approval - Beachside Townhomes, Replat of Lot 15, Block 5, Avon by the Sea Subdivision, (5 10 & 512 Adams Avenue) - John Johanson, Applicant. The Board members reviewed the preliminary replat. Mr. Peetz, City Planner advised that staff reviewed the plat and recommends approval. Mr. Johanson, confirmed that he already cleared the property and the adjacent property. He advised that he intends to replat and build on all three lots. He noted that this is a replat of the eastern most lot. Motion by Mr. Russell, seconded by Ms. Shea -King to approve the Preliminary Replat of Beachside Townhomes. Vote on the motion carried unanimously. 2. Preliminary Replat Approval - J.M. Jr. Townhomes, Replat of Lot 49, Ocean Gardens Wave Four, (131 & 133 Ocean Garden Lane) - James Morgan, Applicant. The Board members reviewed the preliminary replat. Mr. Peetz, City Planner advised that staff reviewed the plat and recommends approval. He noted that the property was located in the Ocean Gardens subdivision across the street from the entrance of Harbor Heights and just south of Circle K. Mr. Morgan, applicant noted that the townhouse will be similar to the others within the Ocean Gardens subdivision. He would be seeking the approval of the home owners association once the city has approved the replat. Motion by Mr. Russell, seconded by Ms. Shea -King to approve the Preliminary Replat of Ocean Gardens Wave Four. Vote on the motion carried unanimously. DISCUSSION 1. Discussion Re: Establishing Distance Requirements for Storage and Sales of Fireworks. City Attorney Garganese advised that the City Council requested that the Planning & Zoning Board establish distance requirements from residential areas as a further restriction. Following discussion, the Board agreed that for safety reasons the distance requirement should be 1,000' ft. from any residential use, measured from property line to property line. Planning & Zoning Board Meeting Minutes March 24, 2004 Page 5 Motion by Ms. McNeely, seconded by Ms. Shea -King to request the City Attorney draft an ordinance based on the Board's discussion and submit it to City Council. Vote on the motion carried unanimously. Due to the late hour the meeting was adjourned at 0:07 p.m. ea McNeely, Chairperson C� u� Susan L. oar Secretary PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 11, 2004 A Regular Meeting of the Planning & Zoning Board was held on February 11, 2004 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 Leo Nicholas John Fredrickson Andrea Shea -King Walter Schoenfeld MEMBERS ABSENT Dennis Jenkins OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Robert Hoog Marilyn Rigerman NEW BUSINESS: Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Board Secretary City Planner City Attorney Council Member Board of Adjustment, Chairperson 1. Approval of Meeting Minutes: January 28, 2004 Motion by Ms. Shea -King, seconded by Mr. Russell to approve the meeting minutes of January 28, 2004, as submitted. Vote on the motion carried unanimously. 2. Review and Recommendation to City Council Re: Final Reglat Approval for Casa Del Vista, (7051, 7061 and 7071 Ridgewood Avenue), Block 67, Lot 15, Avon by the Sea Subdivision - T.O.F. Development, Applicant. Mr. Peetz, City Planner gave an overview of the three unit townhomes project located on the corner of Lincoln and Ridgewood Avenues. The Board members reviewed the submittal packet and final replat. Discussion followed. Mr. Garganese pointed out that the words "water and sewer" needed to be added under notes. Mr. Peetz responded that he would contact the applicant to make the change prior to forwarding the final replat to City Council. Motion by Ms. Shea -King, seconded by Mr. Russell to recommend approval of the final ' replat for Casa Del Vista with the change requested by the City Attorney. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes February 11, 200,4 Page 2 3. Review and Recommendation to City Council Re: Proposed Ordinance Regulating Slot Machines and/or Devices - Anthony Garganese, City Attorney. Mr. Garganese, City Attorney advised that some business establishments are opening that have slot machines defined as gambling devices per the Florida Statutes. He noted that the City could consider allowing these types of establishments by special exception in certain zoning districts. Discussion followed. Motion by Mr. Russell, seconded by Mr. Nicholas to recommend approval of the proposed ordinance regulating slot machines to the City Council. Vote on the motion carried unanimously, DISCUSSION The members asked City Attorney Garganese for clarification regarding the granting of special exceptions. Mr. Garganesc clarified that granted special exceptions run with the property and they must be granted for the use at a certain location and not to a pet -soil. Mr. Peet: advised that lie would update the special exception application to remove the words "grant to the owner". Brief discussion was held regarding abandoning eascillents. There being no further business for the Board to consider the meeting was adjourned at 8:37 prn. irperson BA'McNecly, Cha' Susan L. 0—iapm–aii,'Bo'ard Secretary PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 25, 2004 A Regular Meeting of the Planning & Zoning Board was held on February 25, 2004 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 1st Alternate MEMBERS ABSENT Andrea Shea King Dennis Jenkins 2nd Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Council Member All persons giving testimony were sworn in by City Attorney Garganese. NEW BUSINESS: 1. Approval of Meeting Minutes: February 11, 2004 Motion by Mr. Fredrickson, seconded by Mr. Russell to approve the meeting minutes of February 11, 2004 as submitted. Vote on the motion carried unanimously. 2. Special Exception Request No. 03-07 to Allow Multi -Family Residential Use in the C-1 Zoniniz District, (Holman Road), Section 26, Township 24 South, Range 37 East, Lots 26 & 27 - James M. Jr. and Elizabeth C. Venable, Petitioners. Mr. Todd Peetz, City Planner gave a recap of the issues that were raised at the previous meeting regarding the official zoning boundary. The Board members reviewed and discussed Exhibit 2 of the submittal packet Ordinance 81-64-E establishing the C-1 zoning district. Mr. Peetz gave an overview of the exhibits and explained how the distance was measured establishing the property lines and zoning line. Discussion followed. The Board agreed that the special exception request would need to stay on hold until the problem is resolved and the property is surveyed to determine where the line is located. City Attorney Garganese agreed that the city needed to determine if the subject property is located within the C-1 zoning district. Planning & Zoning Board Meeting Minutes February 25, 2004 Page 2 Mr. James Venable, Petitioner testified that in 2000 there was a question regarding the property line. He hired Mr. Robert Salmon, Professional Surveyor from Allen Engineering to survey his property. A letter from Todd Peetz, City Planner dated December 11, 2000 advised that the depth was 350 ft. Mr. Venable voiced his opinion that to tell him now the information he received from the City was incorrect was an injustice. He noted that he had the property surveyed by Allen Engineering prior to purchasing the property. Mr. Richard Kern, project engineer, asked if he could address any issues regarding the special exception request. Vice Chairperson Russell advised that the special exception is not what the Board should be considering until after the City figures out the definitive zoning boundary. Mr. Peetz, City Planner advised that the City's official zoning map and future land use map were not consistent. Mr. Earl McMillin, 397 Holman Road, stated that he had no problem with Mr. Venable utilizing the property as allowed by City code. He advised that 25 years ago the Building Official had wrote a memorandum to the Board of Adjustment stating that it is essential that the zoning on Holman Road between C-1 and R-1 be firmly established by legal description. Mr. McMillin advised that he spoke with Mr. Salmon from Allen Engineering who advised him that he had never surveyed the property to establish the boundary. Mr. McMillin agreed with Mr. Peetz recommendation for a small scale amendment. Mr. Venable, Petitioner, responded that he has a survey with Mr. Salmon's name on it certifying the information. The survey depicts the property line and the C-1 zoning line. Mr. Charles Hartley, 399 Holman Road, advised that he had no objections for Mr. Venable to use his property pursuant to the established rules and regulations of the City. He explained that a surveyor relies on the best information available to him. He commented that it is important that property owners, that may be affected by the zoning line, be allowed to have input if a small comprehensive plan amendment is in order. Mr. Doug Wilson, 366 Jack Drive, advised that he owns property adjacent to Mr. Venable. He had a survey of his property done by John Campbell which survey revealed that the property line stakes matched exactly to Mr. Venable's property line stakes. He questioned how a zoning line is established. Mr. Russell responded that the Board makes recommendation to the City Council to establish and define zoning lines. Mr. Venable advised that he purchased his property for a certain use and has relied on the property survey and city maps. Ms. Mary Nail, 116 Ocean Garden Lane, voiced her opinion that she wants the city to look residential rather than commercial, and she fully supported Mr. Venable's request. Mr. Craig Stewart, 300 Columbia Drive, advised that when he recently surveyed his property it was off 25 ft. He suggested that maybe the entire City needed to be surveyed. Mr. Russell responded that all the boundary lines throughout the City should be identified. Planning & Zoning Board Meeting Minutes February 25, 2004 Page 3 City Attorney Garganese gave his recommendation that based on the testimony presented, a new zoning map would supersede a prior zoning maps which may correct drafting or other errors, per Section 110-247 from the previous map but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment. He explained that City Council could examine the issue and if there is a Scribner's error they could correct the error by adopting a resolution. The comprehensive plan takes precedence. The City Council needs to determine where the correct lines are based on historical documents that are currently affected. This may require a survey be done to determine where the lines are accurately located. City Council clearly has the right to administratively rezone designations. Additionally, the applicant has the option to file with the City a request a change to the zoning designation. He recommended that a survey be conducted of the property. Motion by Mr. Russell, seconded by Mr. Fredrickson to table Special Exception Request No. 03-07 until such time as the City Council clarifies the zoning status and future land use map of the subject property. Vote on the motion carried unanimously. Mr. Venable, Petitioner, stated that he applied for the special exception in the middle of December and was delayed for thirty days as a result of some administrative problems in the City. It was put off again thirty days ago and being put off again indefinitely. He stated for the record that he is being deprived of the use of his property, he applied in the proper manner, he relied on the information the City gave him in good faith, Allen Engineering relied on the information that said the property is 350 ft., he purchased the property based on it being 350 ft. of commercial property, and this is unfair. He commented that the city is responsible and he relied on the information the City gave him. Motion by Mr. Russell, seconded by Mr. Nicholas to ask the City Council to authorize a survey of the property to determine the C-1 zoning boundary associated with Section 81-61-E. Vote on the motion carried unanimously. Motion by Mr. Russell, seconded by Mr. Nicholas to request the City Attorney, with the City Planner, provide a background memo to City Council. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes February 25, 2004 Page 4 3. Special Exception Request No. 04-01 to Allow Outside Storage of Recreational Vehicles and Boats in the C-1 Zoning District, Section 14, Township 24 South, Range 37 East, West 70 ft. of Parcels C & D. Tutens Subdivision. The Board members reviewed the submittal. It was noted that the petitioners were not present at the meeting. Chairperson McNeely asked the polled the audience for comments. Margaret O'Brien, 136 Ocean Garden Lane, advised that she was upset about this request because this use is going to be an eyesore. Rick Morley, 8718 Banyan Way, questioned where the outside storage was located. Mr. Peetz responded that the outside storage is already existing. He explained that they have a trailer park and allow their tenants to store their recreational vehicles. They have expanded beyond their tenants and now rent to the general public. Mr. Russell commented that RV parking is allowed under a special exception. Mr. Craig Stewart, Code Enforcement Board member, advised that based on the testimony at the last Code Enforcement Board meeting, it is his understanding that the Gould's are trying to correct a problem that they did not know they had until they were cited for a code enforcement violation for the outside storage. Based on the information provided at the Code Enforcement Board meeting the Gould's are aware that they need to enclose the area and block from view. Don Evans, 8752 Banyan Way, voiced his opinion that granting this request would set a precedence for outside storage. He testified that this would be an eyesore on Central Boulevard and requested that the Board reject the request. Mary Nail, 116 Ocean Garden Lane, voiced her opinion that the use would down scale the residential neighborhoods; the land is too valuable for this type of use; and she is opposed to this request. Richard Myers, resident, advised that this property has existing disabled and untagged vehicles and looks trashy. Evelyn Fitch, 137 Ocean Garden Lane, voiced her opinion that it would be a shame to expand what is already an eyesore. Discussion was held regarding the area where the petitioners wanted the outside storage. Following discussion, the Board determined that the application was not clear. Mr. Peetz, City Planner noted that there were currently recreational vehicles being stored outside the 70 ft. area depicted and highlighted on a survey included in the data packet. Planning & Zoning Board Meeting Minutes February 25, 2004 Page 5 Brief discussion was held regarding the applicants not being present at the meeting. The Board Secretary confirmed that the property notices had been mailed. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to postpone Special Exception Request No. 04-01 until the next meeting. Vote on the motion carried unanimously. DISCUSSION Brief discussion was held regarding annexing the unincorporated Brevard County area located just south of the City limits. City Attorney Garganese explained the if the property is commercial then no referendum is required however, there is a specific procedure for residential properties. There being no further business for the Board to consider the meeting was adjourned at 10:00 P.M. 4Mapman, Bea McNeely, Chairperson Susan Board Secretary PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 11, 2004 A Regular Meeting of the Planning & Zoning Board was held on February 11, 2004 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 Leo Nicholas John Fredrickson Andrea Shea -King Walter Schoenfeld MEMBERS ABSENT Dennis Jenkins OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Robert Hoog Marilyn Rigerman NEW BUSINESS: Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Board Secretary City Planner City Attorney Council Member Board of Adjustment, Chairperson 1. Approval of Meeting Minutes: January 28, 2004 Motion by Ms. Shea -King, seconded by Mr. Russell to approve the meeting minutes of January 28, 2004, as submitted. Vote on the motion carried unanimously. 2. Review and Recommendation to City Council Re: Final Replat Approval for Casa Del Vista, (7051, 7061 and 7071 Ridgewood Avenue), Block 67 Lot 15 Avon by the Sea Subdivision - T.O.F. Development Applicant Mr. Peetz, City Planner gave an overview of the three unit townhomes project located on the corner of Lincoln and Ridgewood Avenues. The Board members reviewed the submittal packet and final replat. Discussion followed. Mr. Garganese pointed out that the words "water and sewer" needed to be added under notes. Mr. Peetz responded that he would contact the applicant to make the change prior to forwarding the final replat to City Council. Motion by Ms. Shea -King, seconded by Mr. Russell to recommend approval of the final replat for Casa Del Vista with the change requested by the City Attorney. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes February 11, 2004 Page 2 3. Review and Recommendation to City Council Re: Proposed Ordinance Regulating Slot Machines and/or Devices - Anthony Garganese Cily Attorney. Mr. Garganese, City Attorney advised that some business establishments are opening that have slot machines defined as gambling devices per the Florida Statutes. He noted that the City could consider allowing these types of establishments by special exception in certain zoning districts. Discussion followed. Motion by Mr. Russell, seconded by Mr. Nicholas to recommend approval of the proposed ordinance regulating slot machines to the City Council. Vote on the motion carried unanimously. DISCUSSION The members asked City Attorney Garganese for clarification regarding the granting of special exceptions. Mr. Garganese clarified that granted special exceptions run with the property and they must be granted for the use at a certain location and not to a person. Mr. Peetz advised that he would update the special exception application to remove the words "grant to the owner". Brief discussion was held regarding abandoning easements. There being no further business for the Board to consider the meeting was adjourned at 8:37 p.m. ! i �&YUA" Bea McNeely, Chairperson Susan apman, Board Secretary PLANNING & ZONING BOARD MEETING MINUTES JANUARY 28, 2004 A Regular Meeting of the Planning & Zoning Board was held on January 28, 2004 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson Leo Nicholas John Fredrickson Andrea Shea -King Walter Schoenfeld 1 st Alternate MEMBERS ABSENT Dennis Jenkins 2nd Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Council Member Bennett Boucher City Manager NEW BUSINESS: 1. Approval of Meeting Minutes: January 14 2004 Motion by Ms. McNeely, seconded by Mr. Fredrickson to approve the meeting minutes of January 14, 2004, as submitted. Vote on the motion carried unanimously. 2. Special Exception Request No 03-06 to Allow a Sin le Family Residence in the C 1 Zoning District, Oak Lane Section 14 Townshi 24 South Range 37 East Lot A.10 Teutons Subdivision - Craig Stanley and M try C. Stewart Petitioners. Todd Peetz, City Planner testified that this was a request to construct a single family residence in the C-1 Zoning district; the property was located behind the Circle K across the street from the Harbor Heights Subdivision; existing residential uses to the north, south and west; commercial use to the immediate east; and the property size is 1.05 acres. The Board members reviewed the submittal packet and verified that surrounding zoning and uses. Discussion was held regarding landscape buffering requirements. Mr. Craig Stewart, Petitioner testified that he and his wife have three -sons that in the future may want to build homes on portions of the 1.05 acres as allowed by city code for minimum lot sizes for single family residences. Chairperson McNeely noted that Oak Lane is a City road. Various property owners residing in the Ocean Garden subdivision adjacent to this property spoke in favor of the request. Mr. Donald Haynes, property owner, advised that he owned vacant property at the end of Oak Lane and was in favor of the request. Planning & Zoning Board Meeting Minutes January 28, 2004 Page 2 Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend approval of Special Exception Request No. 03-06 to the Board of Adjustments. Vote on the motion carried unanimously. 3. Special Exception Request No 03-07 to Allow Multi Family Residential Use in the C-1 Zoning District (Holman Roadl Section 26 Township 24 South Range 37 East Lots 26 & 27 - James M. Jr. and Elizabeth C. Venable Petitioners. Todd Peetz, City Planner testified that this request was to construct eight residential units; the zoning to the north, south and east is C-1; and to the west R-1; the uses to the north, south and west are residential; and to the east is commercial. Mr. Earl McMillin, resident property owner on Holman Road and Vice Chairperson of the Board of Adjustment provided documentation to the Board which indicated that a portion of the property may be located in the R-1 Zoning district. He apologized for the lateness of submitting the information. The Board members reviewed Mr. McMillan's information. Mr. McMillin made it clear that he was not opposed to this request but cautioned that the City needed to verify the correct zoning of the entire property prior to proceeding because if the City grants a special exception for residential use and the R-1 zoning district then a precedence will be established for future similar requests. Discussion followed regarding if any of this property was part of an existing special exception granted to Hertz Rent -a -Car. Mr. Peetz read the conditions of the approved granted special exception for Hertz Rent -a -Car. He verified that none of theroe in this request was a part of the granted special exception. Discussion followed regarding 31.55 ft. of right-of-way on North Atlantic Avenue. Mr. James Venable, Petitioner stated that he has waited 45 days to get this request scheduled on an agenda and Mr. McMillin gives additional information the day of the meeting which does not give the Board enough time to review. Mr. Richard Curran, project engineer testified that the request is for eight condominium units; a commercial building will be allowed under the existing zoning up to 45 ft. high; required buffering will be provided; the request is compatible with surrounding uses; and the survey of the property was prepared by Allen Engineering. Mr. Doug Wilson, resident advised that he owns property to the south of this land and his C-1 property ended where highlighted in red on Mr. McMillan's hand-out. He did not speak for or against the request. He asked that Mr. Venable not remove the big birch tree. Planning & Zoning Board Meeting Minutes January 28, 2004 Page 3 Mr. Charles Hartley, 399 Holman Road advised that he reviewed copies of old city zoning maps which verified Mr. McMillan's findings. He noted that approving a request for multi -family in R-1 would adversely affect the surrounding property. He advised that since the city approved Hertz Rent-A-Car the traffic on Holman Road has tripled. Mr. Peter Scabarozi, 225 Holman Road explained that his father lives at the residence on Holman Road. He advised that there is a problem with odor and garbage from a 5 ft. storm drain because it is never cleaned by the city. He noted that stormwater, garbage and runoff from AIA is going into the river through his father's property through the 5 ft. drain. There is also an existing raccoon problem. He voiced his opinion that the city has ruined his father's river front property because no one from the city cleans up the mess. Mrs. Tammy Marino, 401 Holman Road reiterated that there definitely is a traffic problem on Holman Road, the road needs to be cleaned -up by the city, and the trash and sewer issues need to be addressed. Discussion was held regarding the zoning boundary. Following discussion, the Board agreed that the city needed to verify the zoning before proceeding with this request. Mr. Peetz advised that he would research this issue and provide verification of his findings. Motion by Mr. Russell, seconded by Mr. Nicholas postpone recommendation on Special Exception Request No. 03-07 until the second Planning & Zoning Board meeting in February. Vote on the motion carried unanimously. 4. Review and Recommendation to Ci 1 Council Re: Ordinance No. 21-2003 - Amendments to the Sign Code - AnthonyGarganese, City Attorney. City Attorney Garganese outlined the proposed draft amendments to the sign code. Motion by Chairperson McNeely, seconded by Mr. Nicholas to recommend approval of Ordinance No. 21-2003. Vote on the motion carried unanimously. 5. Review and Recommendation 1 1 Council Re: POD Stora e Anthon Garganese City Att_ omen_ City Attorney Garganese reviewed the draft ordinance regulating temporary storage units. He advised that this code would be enforced by city code enforcement. Discussion was held regarding establishing fines and whether or not to cite the property owner(s) or the POD suppliers. Following discussion, the Board agreed that this code should be enforced on the property owner(s) and not the supplier. Councilmember Robert Hoog suggested that following a natural disaster, construction or rebuilding of a home that the permit for a temporary container should not expire until after the construction is completed. He further suggested that containers should not be placed within the required setbacks. Discussion continued. Planning & Zoning Board Meeting Minutes January 28, 2004 Page 4 Motion by Mr. Nicholas, seconded by Ms. McNeely to recommend approval. Vote on the motion carried unanimously. 6. Review and Recommendation to Citv Council Re: Regulatin - Retail Sales of Fireworks - AnthonvGar ane Attorne . City Attorney Garganese advised that late last week Brevard County revised its ordinance regulating the retail sales of fireworks. The Board members reviewed the proposed draft ordinance. He pointed out that the ordinance restricts the sale of fireworks to the M-1 zoning district. Discussion was held regarding the definitions. City Manager Boucher noted that the definitions were identical to the Brevard County code and reviewed by the State Attorney's office. Motion by Mr. Russell, seconded by Ms. Shea -King to recommend approval. Vote on the motion carried by a majority 3 to 2 vote with members voting as follows: Mr. Fredrickson, for; Ms. McNeely, for; Mr. Nicholas, against; Mr. Russell, for; and Ms. Shea -King, against. There being no further business for the Board to consider the meeting was adjourned at 10:12 p.m. 4. Susan L. apman, Board Secretary Bea Mc eely, Chairperson PLANNING & ZONING BOARD MEETING MINUTES JANUARY 14, 2004 l A Regular Meeting of the Planning & Zoning Board was held on January 14, 2004 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson Leo Nicholas John Fredrickson Walter Schoenfeld 1st Alternate MEMBERS ABSENT Andrea Shea -King Dennis Jenkins 2nd Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Council Member Bennett Boucher City Manager Ed Gardulski Public Works Director NEW BUSINESS: Approval of Meeting Minutes: November 12, 2003 Motion by Ms. McNeely, seconded by Mr. Fredrickson to approve the meeting minutes of November 12, 2003, as submitted. Vote on the motion carried unanimously. 2. Special Exception Request No. 03-03 to Allow Construction of a Single Family Residence in the C-1 Zoning District, Block 69, Lot 8, Avon by the Sea Subdivision, Section 23, Township 24 South, Range 37 East - Stephen and Chel1X Harkness, Petitioners. (Request Tabled at Previous Meeting) Motion by Chairperson McNeely, seconded by Mr. Nicholas to take this request from the table and place it on the agenda. Motion carried unanimously. Mr. Peetz, City Planner gave an overview of why this request was tabled at the last meeting. He explained that the code did not allow a single family residence to be constructed on a non -conforming lot. Since the last meeting, the City Council approved an ordinance allowing single family dwellings to be erected, expanded or altered where such lot fails to meet the minimum area, width or depth criteria for the zoning district. Mr. and Mrs. Harkness, Petitioners testified that no changes were made to the original submittal. Planning & Zoning Board Meeting Minutes January 14, 2004 Page 2 Motion by Mr. Fredrickson, seconded by Mr. Nicholas to recommend approval of Special Exception Request No. 03-03. Vote on the motion carried unanimously. 3. Special Exception Request No. 03-05 to Allow Storage of Alcoholic Beverages in the C-2 Zoning District, 0 66 Center Street), Parcel E, Loma Linda University Subdivision, Section 23, Township 24 South, Range 37 East - Robert A. Eckhart dba Cruise Creations, Petitioner. Mr. Peetz, City Planner gave an overview of the request. The Board members reviewed the submittal with exhibits. Discussion followed regarding parking, location of the building, and the size of the unit being rented by the Petitioner l OX 12. Mr. Peetz explained that the use is to create and deliver gift baskets to the cruise ships; only one parking space is required for this type of use. Discussion followed regarding the type of alcoholic beverage license (2APS) as indicated on the request. Mr. Garganese, City Attorney verified that a (ZAPS) is a license for package beer and wine not to be sold on premises. Discussion followed. Chairperson McNeely requested that the parking area be clarified on the submitted survey prior to presentation to the Board of Adjustments. Mr. Eckhart, Petitioner testified that he only delivers the gift baskets to the cruise ships. Following discussion, the Board members verified that the (2APS) license would allow the applicant to deliver gift baskets anywhere if the applicant wished to expand his business. Mr. Eckhart responded that he only delivers to the cruise ships; the beer and wine deliveries were made in the rear of the building; and he operates his business by fax orders only. He presented photographs of the parking lot, building, and rental unit (Entered as Exhibit A, 1-6). Mr. Peetz stated that this request meets the code requirements and verified that there were no churches, playgrounds, schools, or like establishments within a 300 ft. radius of the property. Motion by Mr. Nicholas, seconded by Mr. Russell to recommend approval of Special Exception Request No. 03-05 with the following condition: that the special exception be granted for a 2APS license in the name of Robert A. Eckhart dba Cruise Creations, conducting business at 166 Center Street. Vote on the motion carried unanimously. 4. Recommendation to City Council to Vacate Easements Along the West Side of N. Atlantic Avenue - Section 14, Township 24 South, Range 37 East, Parcels 251 and 258: and Weston's Subdivision, Lot A - Ed Gardulski, Public Works Director. Chairperson McNeely corrected the agenda item to read: "Recommendation to Approve Easement Agreements along the West Side of ....". Mr. Gardulski, Public Works Director advised that he needed a recommendation by the Planning & Zoning Board before presenting the request to City Council. He explained that the three easements were located on N. Atlantic Avenue on the west side of the road. He advised the Florida Power & Light agreed to bury power lines, the sidewalk would be repaired and landscaping would be added. Mr. Garganese, City Attorney stated for the record that he needed to get with the Public Works Director to verify the signatures on the agreements. Planning & Zoning Board Meeting Minutes January 14, 2004 Page 3 Motion by Mr. Russell, seconded by Mr. Schoenfeld to recommend approval to City Council. Vote on the motion carried unanimously. 5. Recommendation to City Council to Vacate an Easement for the Solana on the River Development - Sections 22 & 23, Township 24 South, Range 37 East, Parcels I & J, Lot 1 - Ed Gardulski, Public Works Director. Chairperson McNeely corrected the agenda item to read: "Recommendation to Approve an Easement for ......". Mr. Gardulski, Public Works Director advised that the sewer easement was suppose to go out to Center Street but they could not go through or around an existing old wet well so additional sewer line needed to be run to a different manhole and in order to do that the City needs an easement. He clarified that the wet well was located in the middle of the street. He advised that the sewer line accommodates the Solana on the River development on the north side of Center Street. Brief discussion followed. Motion by Mr. Russell, seconded by Mr. Nicholas to recommend approval to City Council. Vote on the motion carried unanimously. 6. Recommendation to City Council Re: Ordinance No. 21-2003 - Amendments to the Sign Code - Jeff Buak, Assistant City Attorney. Mr. Garganese, City Attorney explained that the Board had considered this agenda item a few times in 2003 and the last time the Board asked for changes and an outline depicting the proposed changes from the City Attorney. Mr. Garganese noted that the City should treat all temporary signs in a similar matter. He reviewed his recommended changes. Mr. Russell clarified the logic of the existing definitions. Discussion continued. Following discussion, the Board concluded to look at the draft ordinance again with noted changes per the Board's discussion at the next meeting. DISCUSSION 1. Discussion Re: A -Typical Buildings - Jeff Buak, Assistant City Attorney. The Board held discussion regarding the City allowing temporary type buildings. Mr. Garganese, City Attorney explained that the City could regulate these types of buildings by the looks, aesthetics and appearance; and define the types of materials that can be used through the Community Appearance Board on a case-by-case basis. Mr. Boucher, City Manager suggested that a memo be drafted to the Community Appearance Board (CAB) from the Planning & Zoning Board to prohibit the approval of these types of structures. Mr. Garganese responded that he would formulate a recommendation for consideration at the next meeting. Planning & Zoning Board Meeting Minutes January 14, 2004 Page 4 2. Discussion Re: Adult Arcade Amusement Centers - Jeff Buak, Assistant Citv Attorney. Mr. Garganese, City Attorney explained that in Florida if arcade games are of chance than they are unlawful, if games are of skill they are legal. He suggested that the city pass an ordinance requiring any adult arcade business wanting to open this type of business in the City to be required to have a granted special exception. Following discussion the Board concluded to request the City Attorney draft a proposed ordinance for consideration at an upcoming meeting. 3. Discussion Re: POD Storage - Jeff Buak, Assistant Cily Attorney. Mr. Garganese, City Attorney distributed draft language at the meeting and read the text to the Board members regarding regulating onsite storage containers. Since the Board members did not have an opportunity to review the draft ordinance prior to the meeting the Board asked that it be placed on the next meeting agenda for discussion and recommendation. 4. Discussion Re: Regglating Retail Sales of Fireworks - Todd Peetz City Planner. Mr. Peetz, City Planner advised that their existed a Fireworks Committee in Brevard County, which the City Manager was a member, that had met several times this summer to express purpose of reviewing statistics, current law, national and local support and enforcement procedures, and will continue to work with County staff. The Board held discussion regarding regulating fireworks. Following discussion the Board concluded to limit the sales of fireworks to only in the M-1 zoning district. The Board directed the City Attorney to draft language similar to Brevard County for consideration at the next meeting. 5. Election of Chairperson and Vice Chairperson. Board Member Bea McNeely was re-elected as Chairperson and Board Member Leo Nicholas was elected as Vice Chairperson. ADDITIONAL DISCUSSION Discussion was held regarding future growth and accessibility on Astronaut Boulevard. Mr. Boucher, City Manager explained that there has been discussion regarding shared alternate access West of Astronaut Boulevard perhaps directing traffic onto Central Boulevard to the light instead of direct access on Astronaut Boulevard. Planning & Zoning Board Meeting Minutes January 14, 2004 Page 5 There being no further business for the Board to consider the meeting was adjourned at 10:17 p.m. %De�, A -) ? /,&- �i Izei--cill Bea McNeel , Chairperson Susan.n, oard Secretary