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Home My WebLink About2001 March - Dec MinutesCity of Cape Canaveral Planning & Zoning Board December 12, 2001 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on December 12, 2001 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice Chairperson Leo Nicholas John Fredrickson Andrea Shea -King OTHERS PRESENT Morris Reid Building Official Kohn Bennett City Attorney Susan Chapman Board Secretary NEW BUSINESS: 1. Approval of Meeting Minutes: November 28, 2001. Motion by Mr. Russell, seconded by Ms. Shea -King to approve the meeting minutes of November 28, 2001. Vote on the motion carried unanimously. 2. Motion Re: Site Plan of Tyler Gardens - Norm Boucher, Property Owner. Mr. Reid, Building Official, reported that staff reviewed the site plan and everything was in compliance with applicable codes. He clarified that the site plan met minimum square footage requirements. He noted that the Community Appearance Board had approved the architectural and landscaping plans. Mr. Boucher, Property Owner, explained that the floor plan was similar to the townhomes he had constructed on Jackson Avenue; the site plan consisted of two buildings with two units in each. Vice Chairperon Russell questioned if there was ever a parking problem. Mr. Boucher responded that the site plan met the city parking requirements, his past buyers did not have children and therefore, parking was not a problem. Vice Chairperson Russell questioned why the units could not be larger by constructing only one building, pulling the two middle units together, with a zero lot line, making the units larger. Mr. Boucher explained that owners preferred to have windows rather than solid walls. He reiterated that the units were approximately 1,600 square feet. He questioned what was wrong with his product that the city did not like. Attorney Bennett responded that Mr. Russell's idea would violate the code for storm water retention requirements. An ensuing discussion followed regarding possibly changing the code to allow less density and larger units. Mr. Reid pointed out that these lots were non- conforming lots of record and that this site plan met code. Motion by Ms. Shea -King, seconded by Mr. Nicholas to approve the site plan of Tyler Gardens as presented. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes December 12, 2001 Page 2 DISCUSSION Mr. Fredrickson questioned if the previous discussion regarding single family condominiums was ever resolved. Mr. Reid responded that single family condominiums did not meet the requirements of the Standard Building Code. Mr. Russell questioned Mr. Reid's interpretation. Mr. Russell stated that he was disgusted with potential developers getting wrong information. Attorney Bennett explained that condominiums are defined in the city code as multi -family and would have to meet the R-2 zoning requirements. Attorney Bennett questioned if the proposed project Mr. Russell was questioning met the requirements for a residential planned unit development, i.e. Ocean Woods. Mr. Reid responded that the project did not have the required acreage for an RPUD and had exceeded the maximum 500 ft. requirement for a dead end road. Ms. Shea -King voiced her concern that she didn't know what these projects looked like. Mr. Reid updated the Board regarding on-going construction projects and the proposed hotel North of RaceTrac. The Board Secretary reminded the Board members that they receive agendas and minutes of the Community Appearance Board meetings. Mr. Reid added that the Board members were welcome to attend the meetings or to stop by the Building Department to look at the architectural plans of the projects. Mr. Russell questioned the status of the Villages of Seaport project. Mr. Reid responded that one of the buildings was moved an additional 20 feet into the required setback which shifted another three of the buildings. He advised that no Certificates of Occupancy would be issued until a revised site plan is reviewed by staff and approved by the Board. The Board concurred. There being no further business, the meeting was adjourned at 8:17 P.M. Approved on this q ` day of Odnvary , 2002. *Beatrice McNeely, Chairperson Susan L. Chapman, -Secretary City of Cape Canaveral Planning & Zoning Board November 28, 2001 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on November 28, 2001 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Lamar Russell Leo Nicholas John Fredrickson Andrea Shea -King OTHERS PRESENT Morris Reid Mark McQuagge Susan Chapman Todd Peetz NEW BUSINESS: Chairperson Vice Chairperson Building Official Assistant City Attorney Board Secretary City Planner 1. Approval Re: Preliminary Plat - Adams Villas, Phase II - Thomas H. Quinn, Q & W Construction, Property Owner. Mr. Reid, Building Official, reported that staff had reviewed the plat and recommended approval. Mr. Quinn, Property Owner, advised that this replat was the 3rd phase of Adams Villas. He advised that the buffer along Al A would be heavily landscaped as per the approved special exception. Motion by Ms. Shea -King, seconded by Mr. Russell to approve that preliminary plat of Adams Villas, Phase II. Vote on the motion carried unanimously. 2. Approval Re: Preliminary Plat - Gabriel by the Sea - Jim Houston and Joy Gabriel, Property Owners. Mr. Reid, Building Official, reported that staff had reviewed the plat and recommended approval. Mr. Houston, Property Owner, advised that he was replatting the property to construct a two -unit townhouse. Motion by Mr. Russell, seonded by Ms. Shea -King to approve the preliminary plat as submitted. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes November 28, 2001 Page 2 3. Approval Re: Preliminary Plat - Tyler Gardens - Norm Boucher, Property Owner. Mr. Reid, Building Official, reported that staff had reviewed the plat and recommended approval. Mr. Boucher, property owner, advised he was replatting two lots into four lots to construct four townhouse units. Brief discussion followed regarding easement and setback requirements between the two buildings. Motion by Mr. Russell, seconded by Ms. Shea -King to approve the plat as submitted. Vote on the motion carried unanimously. LOCAL PLANNING AGENCY Chairperson McNeely called the Local Planning Agency Meeting to Order at 7:40 p.m. The Secretary called the roll. All Board members were present. All persons giving testimony were sworn in by Attorney McQuagge. Recommendation to City Council Re: Comprehensive Plan Amendment CPA -01-1, Proposed Ordinance No. 05-01. Mr. Peetz, City Planner, explained that the initial review of the site plan for the Puerto Del Rio project required the property owner to acquire additional land to accommodate meeting the culd-a-sac and drainage requirements. The additional land was purchased and the site plan was approved, however, the additional property was located in the C-1 zoning district, which was not known at the time of site plan approval. Mr. Nicholas inquired why a special exception was not requested. Mr. Peetz explained that the density and height of the buildings did not meet the R-2 zoning code for density and building height. Therefore, a rezoning was required. The rezoning request was considered large scale because of the density requirement. Mr. Peetz clarified that this zoning change would count as one of the two allowed annually by the Department of Community Affairs. Motion by Chairperson McNeely, seconded by Mr. Russell to recommend City Council approved Comprehensive Plan Amendment CPA -01-1, Proposed Ordinance No. 05-01. Vote on the motion carried unanimously. The Local Planning Agency meeting was adjourned and the Planning & Zoning Board reconvened at 7:47 p.m. Planning & Zoning Board Meeting Minutes November 28, 2001 Page 3 PLANNING & ZONING BOARD 4. Recommendation to City Council Re: Rezoning of Certain Property from C-1 to R-3 as Described in Exhibit "A" (Puerto Del Rio) - Proposed Ordinance No. 07-01. Mr. Peetz, City Planner, testified that the R-3 zoning change would be consistent with the Comprehensive Plan Amendment. Motion by Mr. Russell, seconded by Mr. Fredrickson to recommend to City Council approval of Proposed Ordinance No. 07-01. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 7:50 P.M. Approved on this la day of lECember 12001. eatrice McNeely, Chairperson Susan L. Chapman, Secretary Planning & Zoning Board November 14, 2001 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on November 14, 2001 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Lamar Russell Leo Nicholas John Fredrickson Andrea Shea -King OTHERS PRESENT Morris Reid Mark McQuagge Susan Chapman Chairperson Vice Chairperson Building Official Assistant City Attorney Board Secretary Motion by Mr. Nicholas, seconded by Mr. Russell to add an agenda item to approve the meeting minutes of October 24, 2001. Vote on the motion carried unanimously. Motion by Ms. Shea -King, seconded by Mr. Nicholas to approve the meeting minutes of October 24, 2001 as submitted. Vote on the motion carried unanimously. DISCUSSION 1. Discussion Re: Villages of Seaport - Morris Reid, Building Official. Morris Reid, Building Official, explained that building 37 was moved an additional 20 ft., which subsequently moved the the remainder of the buildings so that the 20 ft. distance requirement was maintained. Therefore, the distance between buildings 37 and 41 was now 40 ft. The distance on the approved site plan was 20 ft. between the buildings. He explained that a former job superintendent and project surveyor had moved building 37. He explained that the 20 ft. requirement was for fire access. He advised that when this change was brought to his attention, he requested that the City Planner review the revision to see if the change required any zoning violations; the Fire Marshall to review the plan to verify adequate fire access; and the City Engineer review the revisions to see if it made any impact on retention or any other applicable requirements. All the staff members had reported that the revisions did not have any impact on fire, P&Z issues, violations, or drainage. He further explained that when building 37 was moved an additional 20 ft., it was moved over an existing sewer line, which had to be capped -off and relocated. Mr. Reid could not verify why the building was moved. He clarified that the buildings were Phase IV of the new construction. He was under the opinion that 20 ft. was a significant change, but did not create any violations or impact on the overall project. Meeting Minutes November 14, 2001 Page 2 Mr. Reid asked for guidance from the Board. Discussion followed. Mr. Reid advised that the legal descriptions were not changed because these were condominiums. Vice Chairperson Russell explained the preliminary and final plat process. He explained that a final plat is considered an as -built of the final project. Mr. Reid explained that the developer had two additional buildings to construct in this Phase and he would not issue the permits until this matter is resolved. Discussion followed regarding why the building was moved. Mr. Reid could not verify why the superintendent moved the building. He verified that the superintendent had moved the building an additional 20 ft. without informing the builder, architect or contractor. He advised that the assistant of the field superintendent had signed a document to move the building 20 feet. Mr. Reid verified that this information was given to him verbally by Pat Salamone. Mr. Reid verified that he had not seen the document. An ensuing discussion continued. Following discussion, the Board concluded that a revised site plan should be submitted. Mr. Reid questioned what a revised site plan would accomplish and how would it effect the building, besides holding up the project. Mr. Reid voiced his opinion that a revised site plan was not necessary, only red -lined drawings which reflect the changes. Discussion continued. Since it was not clear as to why the building was moved or what impact, if any, the change made on the approved site plan, the Board concluded to have the developer come in with a revised site plan and the city staff keep a close watch on the development. The Board further agreed that the city should allow the developer to proceed with the construction. Discussion continued. Mr. Russell clarified that the developer needs to submitt a revised site plan that shows any changes to the buildings, sewer lines, drainage, fire, and/or garbage collection, and anything else affected by the change for approval by the Board. Discussion continued. Mr. Reid clarified that no additional Certificates of Occupancy would be issued until the revised site plan is approved. City Attorney McQuagge suggested that the developer provide a general release of claim to the City for any independent actions that they may bring for the City signing off on the changes, which should include an indemnification clause to protect the city should there be independent claims. Mr. Reid assured the Board that the revised site plan would not be brought before them for approval until all city staff comments are satisfactorily addressed. He clarified that the developer would not go past Phase V without the front entrance being fixed. There being no further business, the meeting was adjourned at 8:20 P.M. Approved on this R gid day ofJ a.nuo�r , 2002. �. Beatrice McNeely, Chairperson Susan L. Chapman, gecretary City of Cape Canaveral Planning & Zoning Board October 24, 2001 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on October 24, 2001 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Leo Nicholas John Fredrickson Andrea Shea -King MEMBERS ABSENT Lamar Russell OTHERS PRESENT Morris Reid Mark McQuagge Kim McIntire Todd Peetz NEW BUSINESS: Chairperson Vice Chairperson Building Official Assistant City Attorney Substitute Secretary City Planner Approval of Meetinq Minutes: Auqust 22, 2001. Motion by Mr. Nicholas, seconded by Ms. Shea -King to approve the meeting minutes of August 28, 2001. Vote on the motion carried unanimously. Motion by Mr. Nicholas, seconded by Ms. Shea -King to approve the meeting minutes of September 26, 2001. Vote on the motion carried unanimously. 2. Site Plan Approval - Wendy's Office Building, Joyce Gumpher, Allen Engineering, Proiect Engineer. The Board members reviewed the submitted site plan. Building Official Reid noted that the landscape plan called for min. of 2" trees, this needs to be corrected to reflect min. 3" trees. Joyce Gumpher, Allen Engineering, summarized the proposed one-story, 2,400 square ft. office building; all utilities were in place except for water; and there was extra parking for the office building beyond the city parking requirement; and a visual barrier would be installed along the east portion of the property. Motion by Ms. Shea -King, seconded by Mr. Fredrickson to approve the site plan for Wendy's office building with the condition that 2" caliper trees be changed to reflect 3" calipers. Motion carried unanimously. Planning & Zoning Board Meeting Minutes October 24, 2001 Page 2 2. Preliminary Replat Approval - Jefferson Villas, Thomas Quinn. Q & W Construction, Developer. Building Official Reid advised that all staff comments had been satisfactorily addressed. Mr. Quinn noted that there were only three trees on the property which will be saved and relocated. Motion by Chairperson McNeely, seconded by Ms. Shea -King to approve the preliminary plat for Jefferson Villas. Motion carried unanimously. DISCUSSION 1. Discussion Re: Land Clearing and Landscaping - Proposed Ordinance. Mr. Todd Peetz, City Planner, gave an overview of the proposed ordinance. He advised that the current landscaping ordinance did not affect residential; he had been requested to work with Brevard County; the Brevard County plan utilizes 480 point system per acre, which applies to each acre; the developer is rewarded for preserving trees; In merging the city's current ordinance into the County's, he proposed 640 points, however, the city may choose to utilize the County's number; the County code states that palms count for 5 points and trees count for 10 points. Mr. Peetz noted that it is very difficult to relocate trees from the mainland to beachside and difficult to get plants that are already planted in a salt environment. Mr. Peetz explained that new trees would be worth 10 points; preserved trees worth 15, 30, 45 and 60 points, based on quality and size of the trees. Brief discussion was held on different types of sod. The Board members reviewed the proposed ordinance and continued discussion. Following discussion, the Board concluded to have Mr. Peetz contact other beachside communities for their input and would report back to the Board. 2. Discussion Re: Window Obstructions - Retail Businesses. Chairperson McNeely advised that some convenience stores had signs in their windows. Building Official Reid advised that the Code Enforcement Board requested that the Board discuss the sign ordinance (Section 94-4 (11)) pertaining to store windows being obstructed causing a safety concern. He distributed Florida Statute (F.S.) 812.173 to the Board members. He noted that signage could not obstruct the cash register. He asked the Board for their input on the city's current ordinance. He noted that the F.S. only applied to convenience stores and the city ordinance addresses signage in any business, state statute was more stringent. Discussion followed regarding the city code allowing Venetian blinds (Sec. 94-4); various types of businesses; paint on windows. Assistant City Attorney McQuagge voiced his opinion that a proposed ordinance should be as close to F.S. 812.173 as possible. He advised that the city needed to look at both the type and hours of operation. Mr. Reid noted that the city allows 25% of any glazed window area to have signage without a permit. Planning & Zoning Board Meeting Minutes October 24, 2001 Page 3 Discussion followed regarding code enforcement involvement. Mr. McQuagge advised that procedurally, a proposed working draft should be presented to city council for consideration. Mr. McQuagge requested that a letter be submitted to him directing him to seek direction from council regarding window obstructions on behalf of the Board. The Board members briefly reviewed that Traffic Concurrency Report prepared by the Public Works Department. Mr. Reid advised that the report would be distributed to the Board on a quarterly basis. There being no further business, the meeting was adjourned at 9:03 P.M. Approved on this j t day of I V i'11,rl 1m kp (- 12001. Beatrice McNeely, Chairperson Susan L. Chapman, gecretary City of Cape Canaveral Planning & Zoning Board September 26, 2001 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on September 26, 2001 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Lamar Russell Leo Nicholas MEMBERS ABSENT John Fredrickson Andrea Shea -King OTHERS PRESENT Morris Reid Mark McQuagge Susan Chapman Todd Peetz NEW BUSINESS: Chairperson Vice Chairperson Building Official Assistant City Attorney Board Secretary City Planner Approval of Meeting Minutes: August 29, 2001. Motion by Mr. Russell, seconded by Mr. Nicholas to approve the meeting minutes of August 26, 2001. Vote on the motion carried unanimously. 2. Discussion Re: Concurrency Management System, 2001 Transportation Conditions Update - Tony Luke, City Traffic Engineer. Mr. Luke's explained that the city's traffic study was updated in the spring, 2001; the city's peak season was in June, the traffic conditions were counted on multiple days, Florida Department of Transportation takes counts on state roadways statewide throughout the year and updates the average volume annually, Easter weekend was the annual peak for Al A. Mr. Luke's further explained the three types of L.O.S. modules, with the "site specific" road capacity module being the most accurate. The program software is called "Art Plan". Mr. Luke suggested that the city perform a "site specific" study on N. Atlantic Avenue to determine the actual traffic counts and recommended an annual study be performed on the city's main roadways. Planning & Zoning Board Meeting Minutes September 26, 2001 Page 2 3. Election: Chairperson and Vice Chairperson Mr. Russell nominated Ms. McNeely as Chairperson for another term. Mr. Nicholas seconded the nomination. Ms. McNeely accepted the nomination. Vote carried unanimously. Ms. McNeely nominated Mr. Russell as Vice Chairperson for another term. Mr. Nicholas seconded the nomination. Mr. Russell accepted the nomination. Vote carried unanimously. DISCUSSION Building Official Reid gave the Board members a draft ordinance regarding landscaping and land clearing. The Board members asked that a discussion item be placed on the October 24th agenda for discussion regarding same. Vice Chairperson Russell announced that the Code Enforcement Board requested that the Board discuss the sign ordinance (Section 94-4 (11)) pertaining to store windows being obstructed causing a safety concern. City Attorney McQuagge advised that he would research Florida Statutes regarding this issue. The Board concluded to have a discussion item on the October 24th agenda. Attorney McQuagge gave an overview of his opinion regarding single family condominiums. There being no further business, the meeting was adjourned at 9:10 P.M. Approved on this day of ()Obef ' 12001. Beatrice McNeely, Chairperson Susan L. apman, Secretary City of Cape Canaveral Planning & Zoning Board August 28, 2001 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on August 28, 2001 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Lamar Russell Andrea Shea -King Leo Nicholas MEMBERS ABSENT John Fredrickson OTHERS PRESENT Morris Reid Mark McQuagge Susan Chapman Todd Peetz OLD BUSINESS: Chairperson Vice Chairperson Building Official Assistant City Attorney Board Secretary City Planner 1. Motion Re: Site Plan for Puerto Del Rio - Dan Ringdahl. Developer. (Tabled at previous meeting for needed clarification from City Planner, Todd Peetz regarding Level -of -Service -Standards on Al A). Motion by Mr. Nicholas, seconded by Mr. Russell to remove this item from the table. Motion carried unanimously by a voice vote. Attorney McQuagge cautioned the Board members to limit discussion specifically to this site plan. Mr. Peetz, City Planner apologized for the confusion of his staff report. He clarified that this project met the level -of -service (L.O.S.) standards for traffic requirements. He explained that he was only bringing to the Board's attention that the L.O.S. on A1A may almost be at capacity. He advised that he was not the city's traffic engineer. He explained that the City could continue to approve new developments up to 110% of the adopted L.O.S. standards. Discussion followed regarding various traffic studies and traffic study computer modules. The Board agreed that the City should only use one type of module. Mr. Peetz commented that he was confident that this site plan was under the maximum L.O.S. standard. He commented that the Department of Community Affairs was changing the classification on Al from rural to urban. This would allow more vehicles to travel along Al A. The Board concluded to have a discussion item scheduled for the next meeting with the city's traffic engineer to explain to the Board where the city actually is with L.O.S. Mr. Nicholas thanked Mr. Ringdahl for his patience. Mr. Russell thanked Mr. Peetz for bringing the L.O.S. to the Board's attention. Planning & Zoning Board Meeting Minutes August 28, 2001 Page 2 Motion by Mr. Nicholas, seconded by Mr. Russell to approve the site plan for Puerto Del Rio. Motion carried unanimously. There being no further bugness, 'R f - Approved on this Rii da, Susan L. Chapman, Secretary the meetMwajourned at 8:27 P.M. of , 2001. jeatrice McNeely, Chairperson City of Cape Canaveral Planning & Zoning Board August 22, 2001 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on August 22, 2001 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Lamar Russell John Fredrickson Andrea Shea -King Leo Nicholas OTHERS PRESENT Morris Reid Mark McQuagge Susan Chapman NEW BUSINESS: Chairperson Vice Chairperson Building Official Assistant City Attorney Board Secretary Approval of Meeting Minutes: July 25, 2001. Motion by Ms. Shea -King, seconded by Mr. Fredrickson to approve the meeting minutes of July 25, 2001 as presented. Vote on the motion carried unanimously. 2. Motion Re: Site Plan for Puerto Del Rio - Dan Ringdahl, Developer. Morris Reid, Building Official advised that staff had reviewed the site plan submittal and recommended approval. The Board members reviewed the staff report from Todd Peetz, City Planner. The Building Official clarified that the City Planner recommended approval of this site plan however, he was bringing to the Board's attention that the Level of Service Standards on A1A was almost at a level "F". Discussion followed regarding Level of Service Standards (L.O.S.). Vice Chairperson Russell read the definitions of L.O.S. from the adopted Comprehensive Plan. An ensuing discussion continued. The Board members voiced concerns regarding L.O.S. on A1A and questioned what impact this project may have on the existing L.O.S. Dan Ringdahl, Developer, explained that there would be a total of 164 dwelling units at build -out; the roadway met all city requirements; he would construct a city roadway that would run along Manatee Park for general public use; the site plan met all city requirements; the project would be a gated community; mangroves would be preserved and maintained. Phase I would consist of the infrastructure and buildings 2 & 3 as depicted on the site plan. An ensuing discussion continued regarding L.O.S. on A1A. The Board members requested interpretation and clarification from City Planner Peetz prior to approval of this site plan. Planning & Zoning Board Meeting Minutes August 22, 2001 Page 2 Discussion followed regarding scheduling a special meeting to discuss and clarify the staff report by Mr. Peetz. Motion by Mr. Russell, seconded by Ms. Shea -King to table the site plan until Wednesday, August 29th @ 7:30 p.m. Motion carried unanimously, as amended. 3. Motion Re: Preliminary Plat for Adams Villas - Section 23 Township 24 South, Range 37 East, Block 7, East 25 ft. of Lot 3 and All of Lot 4 Avon by the Sea Subdivision - Thomas H. Quinn. Developer. The Board members reviewed the submittal packet. Discussion was held regarding existing oak trees. Mr. Reid explained that if a tree was within the footprint of a building, it can be removed per city code. Mr. Quinn, developer, explained that the 50 ft. wide buffer on N. Atlantic Avenue would be heavily landscaped as per the approved special exception; no oak trees on Jefferson Avenue would need to be removed; the palm trees would be replanted; the replat of the eastern lots had the most trees that could not be saved. Discussion was held regarding replacement of trees not within 10 ft. from the footprint of the building. Mr. Reid, Building Official, read Section 110-568, Preservation of trees in all districts of the city code. Discussion followed. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to approve the Preliminary Plat for Adams Villas. Vote on the motion carried unanimously. DISCUSSION Clarification Re: Single Family Condominiums. Ms. Holly Myers introduced herself. Mr. Nicholas questioned why the Board was entertaining such a discussion item when the Building Official had already given his interpretation. Mr. Russell, Ms. Shea -King and Ms. McNeely stated for the record that they had previously spoke with Ms. Myers. Ms. Myers explained that the owner of a piece of property located on the corner of Shorewood Drive and N. Atlantic Avenue was interested in developing the property as single family condominiums, similar to the Ocean Woods Residential Planned Unit Development. She questioned the Building Official's interpretation of why a single family condominium was not allowed. Planning & Zoning Board Meeting Minutes August 22, 2001 Page 3 Mr. Reid responded that single family condominiums did not exist, single family and condominiums did not mix. He read the definition of "condominium" from the Webster dictionary. He further explained that condominiums were classified as multi -family dwellings. This project could not be an RPUD because it did not meet the minimum 10 acres. Mr. Reid pointed out that this development could not have a driveway longer than 200 ft. or a dead-end street as depicted on the rendering. The Board concluded to direct the City Attorney to perform research and report back to the Board regarding if a single family residence was permitted to have condominium ownership. Assistant City Attorney McQuagge responded that he would need approval from the City Manager prior to researching the matter. There being no further business, the meeting was adjourned at 9:35 P.M. Approved on this ofL4 day of vY-� j�z r , 2001. Beatrice McNeely, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral Planning & Zoning Board July 25, 2001 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on July 25, 2001 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely John Fredrickson Andrea Shea -King Leo Nicholas MEMBERS ABSENT Lamar Russell OTHERS PRESENT Morris Reid Todd Peetz Mark McQuagge Susan Chapman NEW BUSINESS: Chairperson Vice Chairperson Building Official City Planner Assistant City Attorney Board Secretary 1. Approval of Meeting Minutes: June 27, 2001. Motion by Ms. Shea -King, seconded by Mr. Nicholas to approve the meeting minutes of June 27, 2001 as presented. Vote on the motion carried unanimously. 2. Motion Re: Revised Site Plan for Cape Gardens - Craig Hessee, Applicant. The Board members reviewed the submitted data. Morris Reid, Building Official advised that all comments from city staff were satisfactorily addressed. Mr. Craig Hessee, developer, explained that he revised the site plan to accommodate potential buyers by adding a master bedroom on the first floor. This revision extended the rear floor plan of the building an additional 20 feet. He noted that there was no change to the front elevation. Building Official Reid verified that this revision did not exceed the maximum allowable lot coverage. An ensuing discussion following regarding lot coverage. The Board members requested a discussion item be placed on a forthcoming meeting agenda to further discuss lot coverage. Motion by Ms. Shea King, seconded by Mr. Fredrickson to approve the Revised Site Plan for Cape Gardens as submitted. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes July 25, 2001 Page 2 3. Recommendation Re: Special Exception Request No. 01-02 to Allow Outside Storage of Aggregate in the M-1 Zoning District, Section 15, Township 24 South, Range 37 East, a Portion of Gov't Lot 2. Parcel 251 - Petitioner is George Hamlin, Designated Agent for Slice. Inc.. Property Owner. All persons giving testimony were sworn in by Attorney McQuagge. Building Official Reid advised that staff had reviewed the request, the fire department did not have any concerns at this time. Mr. Peetz, City Planner, explained that his comments contained in the submittal packet were related to the site plan review and he did not have any comments pertaining to this special exception. Lutfi Mized and David Pugh, Project Engineers, testified that their client was requesting a special exception for outside storage of slag material; the processing plant would be located on the Port side of the property; there would be no problem with dust; EPA and DEP permits were applied for; no buildings would be located within the city limits; landscaping would be provided; the property does not abut any residential properties; a mill located on the Port side of the property would crush the product through a filtration system which was regulated by EPA; the product would be shipped from various steel mills; the slag material would be transported by trucks to concrete companies and would be used domestically; none of the slag product was toxic; the conveyor system would be located on Marlin Street and would cross over George King Boulevard and turn southwest along the property line; The Port Authority would not issue any permits until all other regulatory agencies have issued their required permits; there would be only minimal noise; the lot coverage would comply with code requirements; the slag piles would be approximately 55 ft. in diameter, in a semi- circle, and approximately 35 ft. high; the on-site pond would be large enough to accommodate 2 hours of continuous rainfall as required in the city's Comprehensive Plan, the drainage ditch located on the rear of the property that runs along Al A was owned by Randy May who granted this owner the use of the ditch for storm water runoff; there would be a recorded drainage easement; the slag material was porous and would be treated as impervious for permitting purposes; the slag material was an additive for concrete; the property would be fenced and gated with 24 hr. security; the design of the road met the requirements for 20 ft. of unobstructed area required by the fire department; the slag piles would stay below 45 ft. high; and there were no plans to raise the elevation of the property. The Board members reviewed a colored rendering of the proposed conveyor that t would cross over George King Blvd. Discussion followed regarding aesthetics and the possible detrimental effect the slag piles would have on citizens crossing over the new overpass on 528 and traveling along George King Blvd. Planning & Zoning Boar* Meeting Minutes July 25, 2001 Page 3 Mr. James Borris, developer of Cape Caribe, voiced his concerns regarding aesthetics and how it would negatively effect the main entrance road to his project. Mr. Donald Haynes, citizen, advised that he owned a 12 acre parcel directly to the South East of this property. He testified that his property was zoned C-1 however, he would be requesting a special exception for residential use in the near future. He voiced his concerns regarding the potential detrimental impact this request would have on how he wanted to develop his property. He noted that the city's adopted comprehensive plan projected less intensive uses (i.e. residential). He questioned if this request was considered high or low industrial use; if the 60 ft, drainage easement owned by the city would be effected by this operation; and if the conveyor was fully enclosed or just the portion that crossed over George King Boulevard. An ensuing discussion, followed regarding the Board members concerns regarding blighting effects, comments and/or concerns from other regulatory agencies, and notification and', input from neighboring property owners, Mr. Fredrickson made a motion to table this request until additional information was provided from the applicant. Mr. Pugh advised that his client was ready to move forward and submit the site plan. Brief discussion followed. Motion died for lack of a second. Motion by Chairperson McNeely, seconded by Mr. Nicholas to recommend disapproval of Request No, 01-02 with the following Findings of Facts: 1 Applicant needs to provide additional information from other agencies involved. 2) Adjacent property owners need to be notified of the request. 3) The proposed use will create a potential adverse impact (i.e. blighted effect) to adjacent properties. Vote on the motion carried unanimously. Chairperson McNeely called for a 5 minute Creak at 8:50 p.m. grmmnilp„—OUW 4. Recommendation Re: Cape Caribe - Dedication of Five Foot Public Easement - John Allen. Ap2licant. The Board members, reviewed the revised site plan depicting the proposed placement of the 5 ft, easement. Ms. Joyce Gumpher, Allen Engineering, advised that the Site Plan for Cape Caribe vias revised as per the Board's request to include a 5 ft. public easement. Mr. Borris advised that the easement would be installed and maintained by Towne Realty. Planning & Zoning Board Meeting Minutes July 25, 2001 Page 4 Mr. Nicholas voiced his concern that 5 ft. was not adequate. Mr. Reid responded that sidewalks along commercial property and all beach accesses were required to be 5 ft. per code. Mr. Peetz commented that the Comprehensive Plan does not reference minimum size requirements. He noted that the access needed to meet ADA requirements for handicap accessibility. Motion by Mr. Fredrickson, seconded by Ms. Shea -King to recommend acceptance of the proposed easement as presented with the understanding that Towne Realty will construct and maintain the easement. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 9:20 P.M. Approved on this 3c3 �' day of _ �Av�`, ust _'2001. C; Susan L. Chapman, Secretary Beatrice McNeely, Chairperson City of Cape Canaveral Planning & Zoning Board June 27, 2001 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on June 27, 2001 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Andrea Shea -King Leo Nicholas OTHERS PRESENT Richard Trevertcn Council Member Bennett Boucher City Manager Morris Reid Building Official Todd Peetz City Planner Karl Bohne Acting City Attorney Susan Chapman Board Secretary NEW BUSINESS: 1. Approval of Meeting Minutes: June 13, 2001. Motion by Mr. Fredrickson, seccnded by Mr. Russell to approve the meeting minutes of June 13, 2001 as amended. Vote on the motion carried unanimously. Motion by Ms. Shea -King, seconded by Mr. Russel to remove the Cape Caribe site plan from the table. Vote cry the motion carrietJ unanirn,ously. 2. Motion Re: Site Plan for Cage Caribe --Hc:-=Is and Timeshare Condominiums. Parcels ' 6. 7, 6. 11. 15 & 47. Section 14. Township 24 South, Range 37 East - James Sorris. Recrasentative for Towne Realty. Inc.. Property Oviner. Mr. Morris Reid, Building Officia: advised that the applicar t had resubmitted site plan sheets which addressed the setback problerns with the parking garage, swimming pool & deck. Correcz.ons were made tc meet the setback requirements. Screening between C-1 and R-3 zoning disTicts was now provided. Towne Realty has granted a pedway cr. the east side of Shorewood Drive. Mr. Reid pointed out the- the prrposal by Towne Realty, contained in the Board packet, to utilize Villages of Seaport for putiic beat.^ access was not part of this site plan for the Cape Cay=be project. Planning & Zoning Board Meeting Minutes June 27, 2001 Page 2 Mr. Todd Peetz, City Planner, advised that the Comprehensive Plan, Coastal Management Element, Section 9.3, includes Florida Statutes (F.S.) 163.3178 (2)(g), which provides that each coastal city is required to have a coastal management element. This requirement must include public beach access. He noted that the beach is renourished at the publics expense per this code requirement. Additionally, the Land Development Code states that R-3 zoning shall have beach crossovers. The Comprehensive Plan takes precedence over the Land Development Code per F.S. 163.3194. He explained that once the Comprehensive Plan was adopted, the land development regulations must be consistent with that Plan. He noted that the Comprehensive Plan was adopted January, 1999 and believed that Section 9.3 was included in the Comprehensive Plan that had been adopted in 1991. He pointed out that Policy 9.2 encourages public beach access at the time of development along the beach. Mr. Peetz explained that the words "shall enforce" means that the City shall enforce public beach access, and the definition of "public beach access" means to make access available to anyone who wishes to use the beach. Mr. James Borris, Representative for Towne Realty, advised that 4,000 residents would be living in the new developments who would have beach access. He had discussed with the City, public pedestrian access points with the cooperation of Villages of Seaport. One possibility for public beach access was at the end of Shorewood Drive. He depicted the proposed pedestrian pedway from a city map. Mr. Borris agreed to provide a public pedway through his developments. He reiterated that everyone from his property has access to the beach. He explained that the general public would need to go to the south side of Jetty Park or Harbor Heights to get to the beach. Chairperson McNeely pointed out that the only site plan being considered by the Board is Cape Caribe and at this time, there was no public beach access provided on the site plan. Mr. John Allen, project engineer, advised that there were five beach access points within the Solana developments for their residents. There would be no parking available if open to the public for access. The public would need to walk at least one mile to get to and from the beach. He voiced his opinion that the City had a vast number of beach accesses for the public and that they were meeting the requirements of the Comprehensive Plan by providing beach accesses for at least 4,000 people within their developments. Mr. Borris noted that beach access for Solana Shores and Solana Lakes serves both communities. Discussion followed regarding existing public beach accesses. Mr. Nicholas commented that nothing had been submitted from the last meeting that met the city's requirement for beach access. He commented that there would be 216 timeshare units sold in weekly increments and therefore, 11,234 people would be changing each week. Mr. Borris commented that if the beach access was open to the public, it would change the landscape of what they were trying to sell. Mr. Nicholas advised that the Board voiced their concern at the previous meeting, two weeks ago, about public beach access to meet the requirements of the Comprehensive Plan and nothing has been resolved. Vice Chairperson Russell commented that the Comprehensive Plan is a legal document that needs to be complied with. An ensuing discussion continued. Planning & Zoning Board Meeting Minutes June 27, 2001 Page 3 Mr. Nicholas commented that previously, the Board had discussed with this developer to set aside area as a park. Mr. Borris responded that a public park was not feasible within his developments however, he had made a commitment to the City Council to assist with the park along the Banana River. Richard Treverton, Councilman, advised that he had submitted a proposal to expand public beach accesses. His proposal included the south side of Shorewood to have public beach access and parking, expand beach access in Harbor Heights, a nature path from Ocean Oaks through Ocean Woods, City should acquire property for parking across the street from Royal Mansions through Canaveral Sands. He commented that perhaps this developer could assist the city elsewhere to acquired property for public beach access. He advised that he has not received any offers, co -offers, comments or questions regarding his proposal. Mr. Tom Downs, developer of Villages of Seaport; and Ms. Mel Sawyer, President of two Associations of Villages of Seaport, advised that there was information provided to them regarding the pedway but there had been no meeting of the minds or agreements made. He advised that an alternative was possible between Shorewood and Villages of Seaport to meet the requirements. The pedway issue is still an unknown. They needed guidance as to where the dune line is defined. The biggest concern is to have a pedway in front of the town homes where the general public could look in the residents windows. This proposed pedway would start at the southern boundary of Seaport Blvd. and extend to the north boundary of Harbor Heights. He noted that there is an existing gazebo owned by a private residence that is located east of where the proposed pedway would be located. Discussion continued regarding public beach access. Mr. Karl Bohne advised the Board members that granting a site plan ensures that the development complies with the comprehensive plan. Approval of this site plan would be in violation of the requirements of the adopted Comprehensive Plan. Mr. Bohne cautioned that the Board could not place a condition on this site plan for the developer to provide beach access on any other development. He advised that there were options. He explained that the city could take the property by dominant domain to provide the public beach access, the developer could take the city to court which would delay the project, or the developer could find a way to provide the public beach access. Mr. Borris reiterated that he was agreeing to provide a public pedway throughout the property and would provide private beach access for the residence of the development. Planning & Zoning Board Meeting Minutes June 27, 2001 Page 4 Vice Chairperson Russell pointed out four options for consideration: Option #1 - table and wait for an agreement from all the parties; Option #2 - deny the site plan under the logic that it does not meet the requirements of the comprehensive plan; Option #3 - approve the site plan; and Option #4 - approve the site plan with the condition that general public beach access shall be provided within the Cape Caribe development. He noted that Option #4 would give the developer 90 days to comply with the condition or the approval would expire. Discussion followed regarding these options. Mr. Borris advised that public beach access could not interfere with the pool area or parking. To locate that access on the south side would be impossible. He asked the Board to give them flexibility to comply with the comprehensive plan. After an ensuing discussion, Mr. Borris advised that the beach access on Jetty Park was approximately 500 ft. from the Cape Caribe property. Discussion continued. Motion by Mr. Russell, seconded by Mr. Fredrickson to approve the site plan for Cape Caribe with the condition that general public beach access shall be provided within the Cape Caribe development. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 9:23 P.M. Approved on this o'?5` day of ��\�/ , 2001. ( Beatrice McNeely, Chairperson Susan L. Chapman, Sec etary City of Cape Canaveral Planning & Zoning Board June 13, 2001 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on June 13, 2001 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Andrea Shea -King Leo Nicholas OTHERS PRESENT Rocky Randels Mayor Burt Bruns Council Member Larry Weber Council Member Richard Treverton Council Member Bennett Boucher City Manager Morris Reid Building Official Todd Peetz City Planner Karl Bohne Acting City Attorney Susan Chapman Board Secretary NEW BUSINESS: Approval of Meeting Minutes: April 11 2001 Discussion was held regarding clarification of a comment by Mr. Russell that was noted in the minutes during discussion regarding collection of escrow funds from Villages of Seaport. Motion by Mr. Russell, seconded by Mr. Fredrickson to approve the meeting minutes of April 11, 2001 as amended for clarification that the statement made by Mr. Russell should read that it was not the board's purview to investigate or enforce the collection of funds for the City. Motion carried unanimously. 2. Recommendation Re: Special Exception Request No 01-01 to Allow Residential Use in the C-1 Zoning District - Lots 1-4 & 9-12 Block 7 Avon by the Sea Subdivision, Section 14 Township 24 South Range 37 East - Thomas H. Quinn. Designated Agent All persons giving testimony were sworn in by Attorney Bohne. Planning & Zoning Board Meeting Minutes June 13, 2001 Page 2 Mr. Reid, Building Official, testified that he reviewed the request, the submittal appeared to be complete and the request for a special exception for residential use in the commercial zoning district met the intent of the city code. Mr. Quinn, designated agent, testified that he was requesting a special exception to construct townhouses on 1.13 acres, he was proposing to construct only 8 units on acreage that would allow for 13 units per city codes, the required 50 ft. setback would be landscaped and maintained to buffer noise from the traffic on AIA, the proposed townhouses would be one-story, adjacent property owners were favorable for the residential use, he clarified that the lots would need to be individually platted. Mr. Nicholas complimented Mr. Quinn for his previous residential projects and noted that this request is an asset to the City and was in conformity with the surrounding uses. Chairperson McNeely voiced concern regarding residential uses next to commercial traffic. Mr. Quinn reiterated that there would be a 50 ft. landscaped buffer along A1A. Ms. Shea -King commented that she was in favor of residential use instead of developing the property as commercial. Motion by Mr. Nicholas, seconded by Mr. Russell to recommend approval of Special Exception Request No. 01-01 with the stipulation that only eight townhouse units be constructed on the 1.13 acre tract. Motion carried unanimously. 3. Motion Re: Site Plan for Cape Caribe - Hotels and Timeshare Condominiums, Parcels 1, 6, 7. 8 11 15 & 47 Section 14 Township 24 South, Range 37 East - James Borris Representative for Towne Realty Inc.. Property Owner. Mr. Reid, Building Official, advised that staff had reviewed the project. The city engineer, public works dept., and fire dept. recommended approval. He pointed out that there were a few items in regards to building setbacks, buffering between zoning districts and public beach access that this site plan did not comply with the adopted city code requirements. Mr. Reid explained that Section 110-388 of the city code required visual screening between C-1 and R-3 zoning districts. He clarified that the site plan met screening requirements on the south side of the project. He explained that this code section was difficult to enforce because of the building layouts however the screening was required as per the city code. He noted that the site plan showed a private roadway and paving along the zoning district lines. Mr. John Allen, Project Engineer advised that there was 150 ft. between the buildings from the zoning district lines and that screening would interfere with the parking and driveways. Planning & Zoning Board Meeting Minutes June 13, 2001 Page 3 Mr. Russell suggested that the buffering requirements could be met with planting greenery along the boundary. Mr. Nicholas commented that even though this developer owned both properties, that properties do change hands. Mr. Nicholas noted that the County requires 6 ft. high block walls between zoning districts to buffer noise. Mr. Russell depicted that bldg. #5 to the west has a green shrubbery belt and asked the applicant if it could be extended and widened to meet the buffering requirement. Brief discussion followed. Mr. Reid advised that the parking garage located just south of bldgs. 3 & 4, the pool cabana, and pool deck as depicted on the submitted site plan was located within the required 25 ft. setback. He clarified that the pool cabana was actually a pool equipment building and the footprint of the building was located within the required setback. He pointed out that even though these structures were located within the required setback of a private road, the 25 ft. setback requirement still applied per Section 110-317 (5). Mr. John Allen, project engineer, responded that they came to an informal agreement that the developer would settle for 15 ft. and later on, Mr. Peetz, City Planner, found another code section that specifically stated that the required setback was 25 ft. He explained that the parking garage was not moved back because it was close to a hill. Mr. Allen agreed that the developer would relocate the parking garage, reposition the club house, pool deck, and equipment room and pool cabana to meet the 25 ft. required setback. Mr. Nicholas questioned why the parking requirements were different for Bldgs. 1 & 6 depicted as hotels. Mr. Reid responded that the parking for the hotels was all located in the C-1 zoning district. The buildings were individual structures. Building #6 is a 92 unit hotel building and Building #1 is a 150 unit hotel building. Code requires one parking space per hotel room and one additional space per every 12 hotel units. 320 parking spaces are provided in the C-1 zone for the hotels which meets the code requirement. Since Bldg. #6 only has 92 units, the parking is based on that building being classified as a hotel. If it was classified as a condominium, it would need 184 parking spaces and would not meet code. Therefore, Building #6 could not become a condominium. Mr. Allen verified that Bldg. #6 was a hotel. Mr. Reid advised that Mr. Peetz staff report advised that the submitted site plan did not provide public beach access as required. Mr. Peetz explained that in talking with the applicant, there concern was for the privacy of their residents. Mr. Peetz pointed out that Section 9.3 of the city's comprehensive plan stated that public beach access shall be provided. Mr. Peetz further explained that there was public access to the North of this project at Jetty Park and the next closest public beach access was located in the Harbor Heights subdivision, approximately 1/2 mile away. There were two other beach access points at Villages of Seaport and Solana Lake that were both private. He pointed out that th3re was no other vacant land and no other public beach access adjacent to this project. Planning & Zoning Board Meeting Minutes June 13, 2001 Page 4 Mr. James Barris, Representative for Towne Realty, advised that the issue of beach access was discussed with the Board since they started the project, the developments are gated and privately owned, these are upscale private resort communities which Towne Realty never offered to open to the public for beach a:.cess, if they were open to the general public it would change the marketing of the product. He noted that the Port recently installed a public walkway to the beach, Towne Realty recently paid the Port $742,000 to connect to Jetty Road. He voiced his opinion that if Solana Lakes were going to bring in 292 people without giving beach access, then the development would be in violation however, private beach access has been provided. Mr. Reid advised that Solana Shores has a 6 ft. dedicated pedestrian easement and at the time the Board approved the Site Plan, they may have been under the assumption that it was public access. He noted that the approved Revised Site P an for Solana Lakes did not show a 6 ft. pedestrian easement and pointed out that Cape Caribe was the last piece of land on the north end of the City. Mr. Borris questioned whether or not the City has adequate beach access for the public. He advised that the residents of Cape Caribe would have private beach access. Mr. Reid questioned if the beach access for Solana Lakes could be a public access for a pedestrian walkway since the project was not completed. Mr. Borris responded that 112 of the units were already sold at Solana Lakes. He advised that the easement was owned by Solana Shores and was an exclusive easement for Solana Lakes. Mr. Boucher, City Manager, advised that the ecsement for Solana Lakes had not been turned over to the owners. Mr. Borris showed an aerial map depicting that Royal Mansions, Harbor Heights and Jetty Park provided public beach access. He pointed out that every property between them had private property beach access, totaling eleven private beach access points. Mr. Nicholas commented that even though Jetty Park has an easement fc, public beach access, it was not located in the City of Cape Canaveral and this City had no control of it. Mr. Russell pointed out that the residents living on the w- st side of Al A had access to the beach from Eberwein Road prior to this d-velopment. Mr. Borris responded that before the property was developed, the city had problems with vagrants. He questioned if there was a code that required d: stance requirements between public beach access. He advised that the City had a total of (18) public beach accesses. It was questioned why the City did not apply this requirement for Villages of Seaport, Shorewood and the Solana developments. Mr. Peetz responded that any of the previous developments were n -t reviewed by either Mr. Reid or himself. He noted that Villages had recently sL=itted a preliminary revised site plan and that the city is talking with that developer about a public beach access for there revised site plan. Mr. Nicholas commented that Towne Realty did not present the Board with an overall site plan, that it has been presented in segments. Mr. Borris commented that the City %,r.s asking them to pay for something that the City should have bought property to provide access. Planning & Zoning Board Meeting Minutes June 13, 2001 Page 5 Mr. Russell and Ms. Shea -King voiced their opinions that they were not convinced that the city needed to make this developer provide public access to the beach. Mr. Borris responded that opening his property to the public would de -value the project. He advised that he did agree to allow a pedway along the private roadway through the development which would not impede on the private gated communities because the developer has full control of the road which will be constructed to city specifications. Ms. Shea -King commented that the people living on the west side of A1A have (18) beach accesses, including Cherie Down Park. She voiced her opinion that the Board should have addressed this issue at the time Solana Lakes site plan was presented. Mr. Borris advised that the pedway is agreeable, but not public beach access. Mr. Tom Downs, developer and Mr. Mel Sawyer, Board Member, Villages of Seaport advised that they were revising their site plan to include public beach access on the northern part of the property for possibly a pedway between Shorewood and Villages. Mr. Sawyer advised that the owners of Villages were adamant about having a pedway through there community but would be willing to consider a public beach access in lieu of Ridgewood extension. Mr. Borris advised that they did not own part of Shorewood Drive. He depicted a small parcel owned by someone else. He clarified that Towne Realty had an easement to use the road for his properties. Mr. Sawyer suggested that Shorewood Drive be turned over to the City and the easement be connected to Villages of Seaport for a dedicated public beach access. Brief discussion followed. Mr. Reid voiced his opinion that the idea would meet the intent of the Comprehensive Plan however, neither the Building Official or Planning & Zoning Board had the authority to make such a decision, that only the City Council could consider the idea and negotiate with the developers. Mr. Bennett Boucher, City Manager, commented that this issue was complicated. He informed the Board that the City has a road reservation that goes through Villages of Seaport however, it was questionable if the City still had the rights to that land because it had been reserved since 1981. He advised that Villages has not paid taxes on it for the past 19 years and wants to use the road reservation to meet storm water requirements. The City Attorney is researching the matter. Mr. Boucher further advised that the Port was installing many pedways throughout the Port. Mr. Reid commented that the city renourishes its beaches at the publics expense and the city's intent was to allow the citizens to get to the beach. Mr. Richard Treverton, Council Member, commented that this project was the last chance the City has to provide for a public beach access along the 1/2 mile of beach. A 1/2 mile of beach that will be sealed off from the public. He would like to see the Board work it out with the developers to install a public access. He would like to see this installed between Solana Shores and Shorewood Condominiums. Discussion followed regarding options of how this could be accomplished. Mr. Russell pointed out two options: The Board not approve the site plan, approve the site plan and make a condition that they provide a public access, or table the site plan until the next meeting. Planning & Zoning Board Meeting Minutes June 13, 2001 Page 6 Mr. Boucher advised that the Comprehensive Plan was updated in 1999. The Local Planning Agency was concerned of how the north east end of town was going to be developed. He understood the developers concern. The City has undeveloped property on the west side of the City. New developments will create additional pressure on the 18 existing public accesses. Eventually, the City will have a parking problem. He asked the Board members to put on their planning caps and find a way to help the community as a whole, being fair to the citizens and help these developers with there projects. Mr. Sawyer reiterated that the residents of Villages of Seaport do not want a bike pedway through there community. Mr. Borris advised that they would like to start construction on there project in July or August. If the site plan was approved, they would be moving forward. If there was a way to provide public access he would. But he did not know what he would be able to do. He agreed to help and facilitate to get people down Shorewood Drive near the Villages to get the public to the beach. Mr. Sawyer responded that he was waiting to hear from the City Manager on the road reservation. Mr. Borris reiterated that he did not have control of Shorewood Drive but would help anyway he could. Discussion followed regarding possibly tabling the site plan. Attorney Bohne advised that the Board could not be held liable for tabling the site plan to research the city codes and legal position. Mr. Russell commented that if Towne Realty does not want to be creative then perhaps the City could find a solution to make the situation palatable to all concerned. Motion by Mr. Russell, seconded by Mr. Nicholas to table this site plan until the next scheduled meeting. Vote on the motion was as follows: Mr. Fredrickson, against; Ms. McNeely, for; Mr. Nicholas, for; Mr. Russell, for; and Ms. Shea -King, against. Motion carried. 4. Discussion Re: Proposed Bike and Trail Routes Mr. Todd Peetz, City Planner advised that the County was preparing a bikeway pedestrian master plan. They asked for input from the City as to what the City may want to incorporate into their master plan. Mr. Peetz was directed from the City Manager to come up with some ideas for the City. He explained that four were suggested to him as follows: • Ridgewood to Jetty Park - Ridgewood to Jetty Park beginning at the east entrance of Ocean Woods Subdivision on Ridgewood Avenue and meanders northward through existing right of way connecting to Shorewood Drive and terminating with the Jetty Park connector, approximately 314 of a mile. A portion of this connector is part of private construction associated with Shorewood Drive. No public funds are dedicated or available at this time, and there is no time line determined. Planning & Zoning Board Meeting Minutes June 13, 2001 Page 7 Canal Path - The Canal Path is from the northern city limits following the eastside of the canal to the Banana River. There is an existing pedestrian bridge on the eastside of Al A and there is a proposed pedestrian bridge being recommended on the West side of Al A. It would be anticipated that this potential connector would connect with the Port's proposed trail. This is a potential wildlife corridor, approximately 1.25 miles. There are no public funds for the creation of this corridor. However, for the proposed bridge on the West side of A1A. There is funding available for that project scheduled to be completed in 2004, and there is no time line determined. Manatee & Banana Park Trail - This project begins at the new proposed bridge on the west side of Al A, trails northward to Tower Boulevard, then west meandering through Manatee Park and then Banana River Park and then through another area on City owned property before heading back east to Al A. This is a potential wildlife corridor, approximately 1.75 miles. There are no public funds for the trail at this time, and there is no time line determined. • Banana River Blueway - The City encourages the dedication of both canoeing and kayaking use of the waterway. The waterway can be easily accessed from both Manatee and Banana River Parks. This would be approximately 2.5 miles, along the entire length of the City, funding is not applicable, and is ready to be enjoyed. Mr. Peetz advised that these were given to the County to incorporate into their master plan. He inquired if the City would like to incorporate them into the Comprehensive Plan. He explained that if they were incorporated into the Comprehensive Plan the City could apply for grant money from the State. Discussion followed regarding the routes of the proposed trails. Mr. Nicholas voiced his concern regarding a bike path going through the Harbor Heights subdivision since it was a single family subdivision, it would also invite more public access to the beach access through Harbor Heights which was already heavily impacted. He noted that the City was applying for a grant to purchase additional property to extend the public beach access in that subdivision. Discussion followed regarding existing public beach accesses. Ms. Shea -King suggested that a board walk be constructed parallel to the beach. Mayor Randels advised that the City was looking into the possibility. Discussion followed regarding the right of ways owned by the City. Following discussion, the Board directed the City Planner to include the proposed routes in the Comprehensive Plan the next time the City updates the Plan. Planning & Zoning Board Meeting Minutes June 13, 2001 Page 8 5. Discussion Re: Ongoing & Proposed New Construction Projects - Morris Reid, Building Official. Mr. Reid, Building Official advised that the City has various large projects that will be presented to the Board in the near future and inquired if the Board would like to be provided with some of the preliminary plans to allow the Board members time to review the projects prior to the official agenda packets. The Board members were in favor of the suggestion. Mr. Reid advised that he would furnish the Board with preliminary site plans as they are received. There being no further business, the meeting was adjourned at 10:34 P.M. Approved on this -�'i`L' day of `1i o -It- 12001. �} Beatrice McNeely, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral Planning & Zoning Board April 11, 2001 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on April 11, 2001 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Leo Nicholas MEMBERS ABSENT Andrea Shea -King OTHERS PRESENT Bennett Boucher City Manager Morris Reid Building Official Mark McQuagge City Attorney Susan Chapman Board Secretary NEW BUSINESS: Approval of Meeting Minutes: March 28 2001. Motion by Mr. Fredrickson, seconded by Mr. Russell to approve the meeting minutes of March 28, 2001, as amended. Motion carried unanimously. (The amendments were added to the contents of the March 28, 2001 minutes). 2. Continued Discussion & Recommendation to City Council Re: Villages of Seaport Escrow Agreements. City Manager, Bennett Boucher, introduced Mel Sawyer, Association President of Villages of Seaport and Tom Downs, Developer. Mr. Sawyer advised that finishing the project would benefit the city. Mr. Fredrickson questioned why $8,000 was not collected by the former Building Official as per the agreement. Vice Chairperson, Lamar Russell, responded that the Board could not answer why the money was not collected for 40 units that were issued Certificate of Occupancy's. Mr. Sawyer responded that the escrow monies were paid by the individual unit owners and were told that the money would be returned to them if Ridgewood Avenue extension did not go through. Planning & Zoning Board Meeting Minutes April 11, 2001 Page 2 He asked that the money collected be used for a proposed turning lane into the project and set aside for an entrance gate to improve the traffic flow for the city and development. Vice Chairperson Russell advised that the strategy for the agreement was that the city felt it was important to plan for the Ridgewood extension and to have the developers that construct to the North of Ridgewood Avenue pay for the extension. It was questioned why the Solana project did not pay. Mr. Russell responded that the developer of Solana purchased additional land to connect to George King Boulevard for good traffic flow out through the Port. He pointed -out that the Villages development did not have good traffic flow without the Ridgewood extension. Fire Chief, David Sargeant advised that he had several meetings with the developer. He advised that the entrance gate to the Villages of Seaport project was not compliant with the 1982 and 1985 city code. He advised that there should be a north entrance constructed with a gate to expedite emergency response time to the ocean front properties; the planters on Beach Park Lane were impeding passage along the roadway and needed to be removed; the speed bumps needed to be removed and speed humps installed. Chief Sargeant suggested that emergency access be provided from the dead end streets north from Villages through Shorewood then north to Jetty Drive. He noted that currently there was a four minute response time from the entrance of Villages to the ocean front properties. He suggested that a time certain be established for the gates and speed bumps being brought into compliance. Mr. Russell advised that the city was working with the Brevard County for turning lanes on N. Atlantic Avenue. Mr. Sawyer advised that Allen Engineering was charging the Association $8,000 for the engineering report. Mr. Russell advised that the escrow money needed to be utilized responsibly for what was best for the city. The Board held discussion regarding the proposed turning lanes and the North Atlantic AvenueNV. Central Boulevard proposed reconfiguration. Mr. Russell voiced the opinion that the developer needed to continue paying the escrow money, as per the agreement, so the developer would have money to make roadway improvements and access as needed. The City Manager suggested that the turning lane at the entrance of Village be completed prior to the release of funds in escrow. Discussion continued. Mr. Downs, developer, advised that his legal counsel had conveyed that on the foreclosure process of the previous developer that the escrow agreement became null and void. Discussion followed. Planning & Zoning Board Meeting Minutes April 11, 2001 Page 3 Motion by Mr. Russell, seconded by Mr. Fredrickson to recommend that the City Attorney investigate and determine the validity of the escrow agreement. Vote on the motion carried unanimously. Motion by Mr. Russell, seconded by Mr. Fredrickson to recommend that $15,619.00 be allocated for the W. Central Boulevard/N. Atlantic Avenue proposed intersection improvements. Vote on the motion carried unanimously. Motion by Chairperson McNeely, seconded by Mr. Nicholas to recommend that $41,900.00 be allocated for the design and construction of the N. Atlantic turning lane immediately adjacent to the front entrance of Villages of Seaport. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 9:10 P.M. Approved on this "' day of 1� , 2001. Beatrice McNeely, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral Planning & Zoning Board March 28, 2001 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on March 28, 2001 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson John Fredrickson Andrea Shea -King Leo Nicholas MEMBERS ABSENT Lamar Russell Vice Chairperson OTHERS PRESENT Bennett Boucher City Manager Morris Reid Building Official Kohn Bennett City Attorney Susan Chapman Board Secretary NEW BUSINESS. 1. Approval of Meeting Minutes: January 10 2001 Motion by Mr. Fredrickson, seconded by Ms. Shea -King to approve the meeting minutes of January 10, 2001. Motion carried unanimously. 2. Site Plan Approval - Bayside Condominiums Tracts 1 2 & 3 Section 15 Township 24 South Range 37 East (Bayside Drive) --Max Bosso P E Engineering to the Max Project Engineer. The Board members reviewed the site plan check list and staff reports. Discussion was held regarding comments from the Public Works Director. Mr. Reid clarified that all storm water shall be maintained on the project site. The Board members recommended that the Public Works Director clarify his comments so that they would not be left to interpretation. Mr. Reid verified that staff had reviewed the proposed site plan and recommended approval. Mr. Bosso depicted the job site from a city aerial map, explained the various phases of construction, time -frames for permitting and projected completion of the project. Mr. Young, project developer, advised that the development would be heavily landscaped. Discussion followed regarding the proposed landscape plans. The Board members concluded that the Board could only approve the landscape plan that had been approved by the Community Appearance Board. .. __'rf- ._ ...>.r••'•.i'lv'ti.r{ib'wif�.rwl+e AWWt `v1' .. Planning & Zoning Board Meeting Minutes March 28, 2001 Page 2 Discussion was held regarding overall amenities, overflow parking areas, entrance way, unit market prices, swimming pool and cabana area, and landscaping. Mr. Young verified that the project would be heavily landscaped, and the proposed 6 ft. high boundary wall would be constructed during Phase I. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to approve the site plan for Bayside Condominiums with the condition that the project be landscaped as per the landscape plan approved by the Community Appearance Board. Vote on the motion carried unanimously. 3. Discussion & Recommendation to City Council Re: Villages of Sear)ort Escrow Agreements. City Manager, Bennett Boucher, advised that the city had received a request from the Villages of Seaport to modify the existing escrow agreement. The escrow agreement enacted in 1985 provided that the developer shall pay an amount not exceeding $55,000 for traffic light improvements on N. Atlantic Avenue. The method of payment was $100 per unit at the time of issuance of a certificate of occupancy. To date, $15,619.40 was still available; funds were utilized to install the traffic light that is currently at the intersection of N. Atlantic Ave. and W. Central Blvd. The City was working with Brevard County to construct left tum lanes for the north and southbound sections of N. Atlantic Ave. at this intersection. The City engineer estimated the construction cost at $109,250. The 1985 escrow agreement also provided that a payment of $100 per unit at the time of issuance of a certificate of occupancy be collected and used for the Ridgewood Avenue extension. To date, $35,900 was collected. He stated that the Fire Chief was in favor of emergency access from the development through the Harbor Heights subdivision. He noted that the developer of Villages of Seaport, Tom Downs, would need to negotiate with Towne Realty to gain access from Shorewood Drive. To date, only $6,000 of the initial payment for the Ridgewood Avenue extension and sidewalks was collected on the required escrow of $12,000. He noted that the Ridgewood Avenue roadway extension was no longer within the City's comprehensive plan. The City Attorney had reviewed this request, and advised that the P&Z Board needed to review and comment on this request before it was presented to the City Council for consideration. He advised that this was an ongoing project and there would be future requests by the developer to modify the existing site plan for construction of the two five -story buildings. He recommended that any modification of these escrow agreements keep in place the intent of improving the traffic and pedestrian flow in and around the development. Planning & Zoning Board Meeting Minutes March 28, 2001 Page 3 Mr. Boucher introduced Tom Downs, the Developer of Villages of Seaport. Mr. Downs reiterated that the Ridgewood Avenue extension was no longer under consideration by the City. He voiced his opinion that in the best interest of the City, considering the current and future traffic flow, he was proposing that the current escrowed funds be reallocated to pay for a turn lane on Central Boulevard in the amount of $15,619 and the Ridgewood extension allocation of $35,900 and the sidewalk allocation of $6,000 be reallocated for a proposed turn lane expense at the entrance to the Villages of Seaport and emergency access gate needed for the development. He asked that the City abate the current escrow agreement of the required escrow deposits on all future certificates of occupancy's. Mr. Reid, Building Official, advised that the former Building Official had issued 40 certificates of occupancy's without the escrow amount of $200 per unit being collected. He voiced the city's concern that the fire department could not get their fire equipment to the units because the roads were only 12 ft. wide. Mr. Nicholas pointed out that N. Atlantic Avenue was a County Road, the roadway and traffic problems needed to be fixed. Mr. Boucher responded that the County wanted the City and the developer of Villages of Seaport to help pay for the proposed middle lane. Mr. Downs asked that the City no longer require the $200 per unit escrow until the agreement was amended. Brief discussion followed. Since Vice Chairperson Russell was not present, and had knowledge regarding the history of this development, the Board concluded to table Mr. Downs request until the next scheduled meeting to allow all Board members to be present for this proposed consideration. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to table this consideration until the next scheduled meeting. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 8:45 P.M. Approved on this I ► '+h day of /-gyp r < < , 2001. Lg� & - 12h&9 -)I114'7 Beatrice McNeely, Chairpers Susan L. Chapman, S cretary