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HomeMy WebLinkAboutP&Z Board Minutes 1993 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JANUARY 13, 1993 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on January 13, 1993 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Catherine Barnes Bruce Collins Buzz Petsos 1st Alternate Beatrice McNeely 2nd Alternate MEMBERS ABSENT Mary Wheeler Vice Chairman Steve Roney OTHERS PRESENT James Morgan Building Official Kevin Markey Assistant City Attorney Susan Nelson Secretary Ms. Barnes moved to approve the minutes of December 9, 1992 with the amendment that the Articles of Incorporation had not been received regarding the matter of Tobin Townhomes. Mr. Collins seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Preliminary Plat Approval Cane Gardens Section 23. Township 24 South Range 37 East Parcels 263 and 283.1 - James E. Murphy Agent for William Bennix. Trustee Mr. Morgan advised that the developer requested that this item be tabled. Ms. Barnes moved to table the Preliminary Plat for Cape Gardens. Mr. Petsos seconded the motion. Motion carried unanimously. 2. Special Exception Request No 92-04 to Allow Owner to Occupy Living Areas Constructed Prior to 1983, and to Allow a Motor Home to be Parked in Rear of Lot in a C-1 Zone, (MoonHut Restaurant) Lots 9 10 & 11 Block 25. Avon by the Sea, Section 23 Township 24 South Range 37 East. (7802 N. Atlantic Avenue) - Petitioner is Leon Barnett. Jr. . Owner Attorney Minot presented a floor plan of the building which included existing dimensions and proposed expansion of the residential use. Mr. Minot explained the contents of the floor plan. Discussion followed regarding the proposed expansion of the residential use. It was concluded that the Board members agreed that residential use was reasonably compatible with surrounding areas. Ms. Barnes moved to recommend approval of Special Exception Request No. 92-04 for residential use in the C-1 zone because the applicant agreed to meet all residential criteria as per Sections 637.15 through 637.27 and the Cape Canaveral Zoning Regulations. Mr. Collins seconded the motion. Motion carried unanimously. 3. Site Plan Approval Tobin Townhomes, Section 23. Township 24 South Range 37 East Lots 1-4 Replat of Lots 1 & 2. Block 9, Olga E. Tobin, Owner Planning & Zoning Board Regular Meeting January 13, 1993 Page 1 of 3 The Board members reviewed the submitted site plan. Mr. Morgan advised that the City Engineer had recommended approval with the condition that his remaining engineering comments be satisfactorily addressed. Discussion followed. Mr. Markey, advised that he did not have the opportunity to review the revised Articles of Incorporation/By-Laws and Covenants which had been submitted late this afternoon. Mr. Collins moved to approve the Site Plan for Tobin Townhomes with the contingency that the Corporation documents meet the satisfaction of the City Attorney and that all engineering comments be addressed to the City Engineer's satisfaction. Ms. Barnes seconded the motion. Motion carried unanimously. NEW BUSINESS 1. Special Exception Request No. 92-08 to Allow a Car Rental Office with Car Storage in the Rear in a C-1 Zone, Lots 4. 9-12, Block 41, Section 23, Township 24 South, Range 37 East, Avon by the Sea, (7510 N. Atlantic Avenue - formerly Duval Federal Savings Bank) - Petitioner was David Kabboord, Owner Mr. John Kabboord, Attorney representing David Kabboord, agreed to comply with all applicable City codes. He advised that Avis Rent A Car would be leasing the property if the special exception was granted. He explained that the vehicles would only be cleaned, vacuumed and washed on site. No mechanical work or fueling would be performed on site. Discussion was held regarding drainage requirements. Mr. Markey advised that he was a member of the same law firm as Mr. John Kabboord and would abstain from advising the City regarding this matter. He suggested that the City seek another law firm for legal assistance if needed. Mr. Collins moved to recommend approval of Special Exception Request No. 92-08 contingent upon the applicant providing adequate drainage requirements applicable to a car wash business. Mr. Petsos seconded the motion. Motion carried unanimously. 2. Fence Exemption Request No. 92-09 to Construct a Six-Foot High Security Fence in a C-1 Zone, Lots 4. 9-12, Block 41. Section 23, Township 24 South, Range 37 East, Avon by the Sea (7510 N. Atlantic Avenue - formerly Duval Federal Savings Bank) - Petitioner was David Kabboord, Owner Mr. John Kabboord, Attorney representing David Kabboord, explained that a six-foot high security fence was essential to minimize theft and to avoid a potential hazard of an attractive nuisance. Discussion was held regarding the location; type of the fencing; and ingress/egress. Ms. Barnes moved to approve the fence exemption request since the applicant demonstrated a definable hazard with the contingency that the Building Permit Application be reviewed by the Cape Canaveral Volunteer Fire Department prior to issuance of the Building Permit. Mr. Collins seconded the motion. Motion carried unanimously. DISCUSSION 1. Discussion Re: The American Disabilities Act Public Accommodations and Services Planning & Zoning Board Regular Meeting January 13, 1993 Page 2 of 3 Mr. Collins distributed a compliance guide draft he had written regarding compliance with the Americans with Disabilities Act, Employment and Public Accommodations. He depicted various contents of the guide and stated that the City had an obligation to inform developers and local businesses of compliance. It was suggested that the City advise the Municipal Code Corporation who was presently codifying the existing City codes to incorporate applicable ADA regulations. Mr. Collins volunteered to assist with the codification to incorporate ADA requirements. Chairman Russell requested that the City provide Mr. Collins a copy of the codification draft when available. 2. Discussion Re: Department of Transportation - Final Distribution of the 1993 FTP Corridor Designation Reports The Board members had reviewed the 1993 Corridor Designation Reports distributed with their Board packets. The Chairman polled the Board members for input and/or suggestions. There were , no comments from the Board members. 3. Discussion Re: Proposed Changes to Section 639.03, Townhouse Area and Dimension Regulations of the Cape Canaveral Zoning Regulations Discussion was held regarding non-conforming legal lots of record and illegal non-conforming lots of record by illegal subdividing duplexes. It was suggested that illegal subdividing duplexes could be controlled by the utilization of only one sewer lateral per �- duplex. Discussion was held regarding the City Building Department flagging all 50 ft. lots in Avon by the Sea Subdivision with existing structures. Discussion continued. The Board concluded that the intent to change Section 639.03 of the Cape Canaveral Zoning Regulations was as follows: suggested changes are compatible with the Comprehensive Plan; green areas would increase; single family dwellings would be promoted; percolation would increase; and parking areas would increase. The objective: force a 50 ft. lot rebuild only as a single family dwelling instead of existing duplexes or townhouses. Add-On Discussion 1. Discussion Re: Zoning Regulations - Definitions Chairman Russell reviewed various definitions of the Zoning Regulations for the new Board members and answered questions for the Board members. Chairman Russell asked the Secretary to place this discussion item on the next scheduled meeting agenda for further discussion. There being no further business, the meeting was adjourned at 9:40 P.M. ./ Approved this TW day of T�_ , 1993. Chairman Secretary Planning & Zoning Board Regular Meeting January 13, 1993 Page 3 of 3 CAPE CANAVERAL PLANNING&ZONING BOARD REGULAR MEETING FEBRUARY 10. 1993 A Regular Meeting of the Planning&Zoning Board of the City of Cape Canaveral, Florida,was held on February 10, 1993 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Mary Wheeler Vice Chairman Catherine Barnes Steve Roney Bruce Collins Buzz Petsos 1 st Alternate Beatrice McNeely 2nd Alternate OTHERS PRESENT James Morgan Building Official Kevin Markey Assistant City Attorney Susan Nelson Secretary Mr. Collins moved to approve the minutes of February 10, 1993. Ms. Barnes seconded the motion. Motion carried unanimously. NEW BUSINESS OI 1. Fence Exemption Request No.9344 to Construct a Six-Foot High Privacy Fence,Lot 15,Block 18.Section 23,Township 24 South,Ranae 37 East.Avon by the Sea(618 Madison Avenue)- Petitioner is Arthur L. Petsos.Owner Mr.Petsos advised that an ascertainable hazard existed. He explained that the property was close to the beach and that citizens interrupt and aggravate his large dog creating a potential hazard. Discussion followed. Ms. Wheeler moved to approve Fence Exemption Request No. 93-10 since the petitioner had demonstrated that an ascertainable hazard existed and that the fence would protect against the potential hazard. Mr.Collins seconded the motion. Motion carried unanimously. DISCUSSION 1. Discussion Re: Site Plan Review Procedures-Section 645.05, Zoning Regulations Discussion was held regarding Section 645.05 of the Cape Canaveral Zoning Regulations; the City engineer's review procedure;and time and expense of site plan reviews. After discussion,the Board members concluded that the City engineer and various developers should attend the next Board meeting to express their concerns regarding the site plan review process. Mr.Morgan volunteered to contact and invite the City engineer and various developers to discuss with the Planning & Zoning Board, at the next scheduled meeting or soon thereafter, and voice their opinions; concerns; and make suggestions to modify Section 645.05 of the Cape Canaveral Zoning Regulations. The Board members concurred. 2. Discussion Re: Ridoewood Avenue -Setbacks Mr. Morgan advised that Mr. Boucher, acting City Manager, requested that the Planning & Zoning Board discuss the possibility of reducing the existing 25 ft. setback to 15 ft. on Ridgewood Avenue to be consistent with the setback on Ridgewood Avenue in the Brevard County district. Discussion followed. Chairman Russell pointed out that the City did not defend the right of way on Banana River Boulevard therefore, it could never be extended. Planning &Zoning Board Regular Meeting February 10, 1993 Page 1 of 2 Mr.Morgan reported that the Ridgewood Avenue extension from Central Boulevard northward to the City's northern boundary was not included in the Metropolitan Planning Organization's submitted plan. Chairman Russell polled the Board members regarding scheduling a public hearing to change the existing 25 ft. setback on Ridgewood Avenue. It was the consensus of the Board members that the City would not entertain changing the current setback due to the fact that the City needed to defend and uphold the existing 25 foot setback on Ridgewood Avenue. 3. Discussion Re: Zonina Reaulation Definitions Chairman Russell gave a presentation to the Board members regarding calculating the height of buildings and calculating various lot widths. ADD-ON DISCUSSION 1. Discussion Re: Buildino Official's Interpretation of Storage or Lona-Term Parking of Recreational Vehicles and Mixed Occuoancy Mr. Morgan distributed a memorandum to the Board members and the City Attorney regarding his rationale for his interpretation of the Zoning Regulations of the City of Cape Canaveral as it relates to storage or long-term parking of recreational vehicles and mixed-occupancy. He suggested that perhaps the Board of Adjustment and Planning&Zoning Board should hold a joint meeting for the purpose of discussion regarding these crucial issues. There being no further business,the meeting was""adjourned at 9:00 P.M. Approved this 24 n• day of L'AAVA�. 1993. Chairman L. Secretary Planning&Zoning Board Regular Meeting February 10, 1993 Page 2 of 2 CAPE CANAVERAL PLANNING &ZONING BOARD REGULAR MEETING FEBRUARY 24. 1993 A Regular Meeting of the Planning&Zoning Board of the City of Cape Canaveral, Florida,was held on February 24, 1993 at the City Hall Annex, 111 Polk Avenue,Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Mary Wheeler Vice Chairman Catherine Barnes Steve Roney Bruce Collins Buzz Petsos 1st Alternate Beatrice McNeely 2nd Alternate OTHERS PRESENT James Morgan Building Official Kevin Markey Assistant City Attorney Susan Nelson Secretary The Secretary noted that changes were made on the original draft of the minutes that was mailed to the Board members. She read the changes. Mr. Collins moved to approve the minutes of February 10, 1993 with the changes noted by the Secretary. Ms. Wheeler seconded the motion. Motion carried unanimously. NEW BUSINESS 1. Special Exception Reauest No. 93-02 to Allow Vans &Mini-Busses to Park and Store Lots 3 &4.Block 69.Avon-by-the-Sea,Section 23,Township 24 South,Range 37 East.(105 Lincoln Avenue) -Petitioner is Rudolph Hardick. Owner of Surf&Sun Apartments, Inc. Mr. Hardick explained that the building was presently vacant and that Cocoa Beach Shuttle was interested in purchasing the property if the special exception was granted. Mr.Bill Welborn, Owner of the Cocoa Beach Shuttle,advised that he was interested in purchasing the property for his shuttle bus business. He explained that four 30 passenger mini-busses and six 11 passenger vans would be parked in the fenced parking lot;no repairs would be made on the premises; the building would be used as office space; outside lighting existed for security; and that the total hours of operation were from 7:00 A.M.to approximately 9:00 P.M. The Board members reviewed the submitted special exception application. Discussion followed. It was pointed out that the application should be changed to insure that the specific section(s) of the Zoning Regulation that allowed and supported the request be clearly listed. Mr. Welborn made an inquiry regarding the installation of a receiving antenna to be anchored to the building which was imperative to his business operation. The Board members reviewed Section 637.51(D) of the Cape Canaveral Zoning Regulations. After discussion, it was the Board's interpretation that Section 637.51(D)clearly stated that antennas were permissible by the granting of a special exception. Discussion was held regarding whether or not a special exception was actually required. Mr.Morgan pointed out that the codes were not specific and he did not feel comfortable issuing an Occupational License to this type business without a special exception. Discussion continued. Chairman Russell pointed out that the City,in the past,had reviewed requests for parking and storage within the main corridor so that the City could place appropriate conditions and safeguards in conformity with the Zoning Regulations. Discussion continued. Planning&Zoning Board Regular Meeting February 24, 1993 Page 1 of 2 Ms. Wheeler moved to table Special Exception Request No. 93-02 until the next scheduled meeting in order to allow the applicant to re-apply under Section 637.51,Paragraphs(M)and (D). Mr.Collins seconded the motion. Motion carried unanimously. DISCUSSION 1. Discussion Re: Zoning Regulation Definitions Chairman Russell compared differences of townhouses and duplexes. Discussion followed. There being no further business,the meeting was adjourned at 9:30 P.M. Approved this IC`" day of me rci) , 1993. -�• X. �y Chairman Secretary V Planning &Zoning Board Regular Meeting February 24, 1993 Page 2 of 2 CAPE CANAVERAL PLANNING&ZONING BOARD REGULAR MEETING MARCH 10, 1993 A Regular Meeting of the Planning&Zoning Board of the City of Cape Canaveral,Florida,was held on March 10, 1993 at the City Hall Annex, 111 Polk Avenue,Cape Canaveral,Florida. The meeting was called to order at 7:30 P.M.by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Mary Wheeler Vice Chairman Catherine Barnes Steve Roney Bruce Collins Buzz Petsos 1 st Alternate Beatrice McNeely 2nd Alternate OTHERS PRESENT Joy Salamone Mayor Robert Abbott Council Member Thomas Kleving Building Inspector Kevin Markey Assistant City Attorney Susan Nelson Secretary Ms.Wheeler moved to approve the minutes of February 24, 1993 as submitted. Mr.Collins seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Special Exception Reauest No 93-02 to Allow Vans &Mini-Busses to Park and Store, Lots 3 &4 Block 69 Avon-by-the-Sea Section 23 Township 24 South Ranoe 37 East (105 Lincoln Avenue) -Petitioner is Rudolph Hardick Owner of Surf&Sun Apartments Inc. The Board members reviewed the resubmitted Special Exception Application. Mr. Bill Welborn, Owner of the Cocoa Beach Shuttle, explained the dimensions and type of antenna to be placed on the side of the building. Discussion followed. Ms. Wheeler moved to recommend approval of Special Exception No. 93-02 to the Board of Adjustments since the use was compatible with surrounding areas. Mr.Collins seconded the motion. Motion carried unanimously. ADD-ON ITEM 1. Ridoewood Avenue Setback Requirements Ms.Wheeler moved to add the Ridgewood Avenue Setback Requirements to the Agenda. Mr.Collins seconded the motion. Motion carried unanimously. Discussion was held regarding the original 50 ft.setback on Ridgewood Avenue which was decreased to 25 ft. in 1975 and the possibility of the Board considering changing the setback to 15 ft. to be in conformance with Brevard County setback on Ridgewood Avenue. Mr. O. Scott McCauley briefed the Board regarding his special exception which was denied by the Board of Adjustments to allow a screen enclosure which had encroached into the required 25 ft. setback. Planning&Zoning Board Regular Meeting March 10, 1993 Page 1 of 2 The Board members voiced their concerns and concluded to defend the existing 25 ft. setback _ requirement for the reasons of public safety, greenbelt,breezeways and to alleviate congestive traffic situations. It was further noted that the 25 ft. setback was in compliance with the Comprehensive Plan. DISCUSSION 1. Discussion Re: Special Exception Requests in R-1 R-2 and R-3 Zones Chairman Russell discussed special exceptions in R-1, R-2 and R-3 zoning classifications for the new Board members. There being no further business,the meeting was adjourned at 8:30 P.M. TMd � Approved this .�--1_day of 1993. Chairman Swam L. QW11 Secretary Planning &Zoning Board Regular Meeting March 10, 1993 Page 2 of 2 CAPE CANAVERAL PLANNING &ZONING BOARD REGULAR MEETING ' MARCH 24, 1993 A Regular Meeting of the Planning&Zoning Board of the City of Cape Canaveral, Florida,was held on March 24, 1993 at the City Hall Annex, 111 Polk Avenue,Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M.by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Mary Wheeler Vice Chairman Catherine Barnes Bruce Collins Buzz Petsos 1 st Alternate Beatrice McNeely 2nd Alternate MEMBERS ABSENT Steve Roney OTHERS PRESENT Rocky Randels Council Member James Morgan Building Official Thomas Kleving Building Inspector Kevin Markey Assistant City Attorney Susan Nelson Secretary Ms.Wheeler moved to approve the minutes of March 10, 1993 as submitted. Mr.Collins seconded the motion. Motion carried unanimously. NEW BUSINESS 1. Discussion Session with Mr. Harold Nantz from Dyer, Riddle. Mills & Precourt. City of Cape Canaveral's Enaineerina Firm Reaardino the Site Plan Review Process Chairman Russell explained that the City Engineering Firm was invited at the request of City Council to speak and discuss the site plan review process between the developers and City Engineer. Mr. Russell advised that the Planning & Zoning Board in the past heard developers complain of site plan excessive time the engineer took to return his comments back to the developer for response,repetative review comments including repetative re-review fees. Mr.Nantz advised that the main scope of reviews for new developments was to ensure that they met all current applicable City codes and consistent with the Comprehensive Plan. He advised that two engineers from his firm would be reviewing each submittal and explained that the first review would be thorough. Mr.Nantz invited the developers to contact him if they had questions or wanted to meet to discuss updated regulations and new criteria prior to site plan submittal to the City. He noted that meetings would be provided in accordance with the contract in place with the City. He suggested that the City provide developers with a site plan submittal booklet and include a checklist in an effort to expedite the review process. Discussion followed. Various developers explained problems and voiced concerns they had encountered regarding past plan reviews with the previous City Engineer. Discussion continued. There being no further business,the meeting was adjourned at 8:38 P.M. r Approved this_14 TH day of �� , 1993. lip, L . Chairman Un, Secretary Planning&Zoning Board Regular Meeting March 24, 1993 Page 1 of 1 CAPE CANAVERAL PLANNING&ZONING BOARD REGULAR MEETING APRIL 14, 1993 R A Regular Meeting of the Planning&Zoning Board of the City of Cape Canaveral,Florida,was held on April 14, 1993 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M.by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Mary Wheeler Vice Chairman Catherine Barnes Bruce Collins Buzz Petsos 1st Alternate Beatrice McNeely 2nd Alternate MEMBERS ABSENT Steve Roney OTHERS PRESENT James Morgan Building Official Thomas Kleving Building Inspector Kevin Markey Assistant City Attorney Susan Nelson Secretary Ms.Wheeler moved to approve the minutes of March 24, 1993 as submitted. Mr.Collins seconded the motion. Motion carried unanimously. NEW BUSINESS 1. Site Plan Approval, Purcell's Distributors. Section 15.Townshio 24 South, Ranae 37 East. a Portion of Parcel 750-Jeffrey D. Kammarude.Anent The Board members reviewed the submitted site plan. Mr.Kammarude explained that Purcell's were distributors of carpet,vinyl, and interior finishes. He advised that the landscape plan was not included in the site. He stated that it would be furnished with the construction plans. Chairman Russell pointed out that the City sewer system was unaccessible at this time. Mr. Kammarude advised that the owner would use a septic tank and agreed that the owner of the property would hook up to City sewer when available in order to bring the property into compliance with City Codes. Mr. Morgan advised that the City Engineer had recommended approval of the Site Plan for Purcell's Distributors with the contingency that the remaining comments be addressed to his satisfaction. Mr.Collins moved to approve the Site Plan for Purcell's Distributors with the following contingencies: 1. Provide Landscaping Plan prior to issuance of Building Permit. 2. City shall make provision for sewage disposal. 3. Answer all remaining comments addressed by the City Engineer. Mr.Petsos seconded the motion. Motion carried unanimously. 2. Reauest No. 93-03, Special Exception to ConstructSecurity Dwelling as Part of Bido. D. Section 15. Township 24 South, Range 37 East. Imperial Business Center, 357 Imperial Boulevard -Petitioner was John D.Stillev. President April 14, 1993 Planning&Zoning Board Page 1 of 2 Mr.Stilley submitted a layout drawing and aerial photographs of the property. He advised that he was requesting a Special Exception to Construct a permanent 800 square ft.dwelling unit to be constructed on the 2nd floor on the eastern end of building D. He explained that the occupant(s) would be on 24 hour security watch in an effort to prevent theft and vandalism. Discussion followed. c Ms.Wheeler moved to recommend approval of Special Exception Request No. 93-03 to the Board of Adjustments subject to annual review of the City Occupational License. Mr. Collins seconded the motion. Motion carried unanimously. DISCUSSION 1. Discussion Re: Pre-Aoolication Meeting with City Enaineer Mr.Petsos recommended that the City advise developers,through the applicable City Code(s),that a pre-submittal meeting is available to them prior to submittals to the City. Discussion followed. Chairman Russell requested that the City Attorney draft suggestive language to the existing applicable regulations advising that a pre-submittal meeting is available to developers with the City Engineer prior to plan submittal to the City. Chairman Russell asked that the draft be available for the Board members review at the next scheduled meeting for further discussion. Mr. Markey concurred. There being no further business,the meeting was adjourned at 8:30 P.M. 12 rN Approved this day of �2Gi, 1993. Chairman /-Ay)cur 1. �f(Yl Secretary Planning&Zoning Board Regular Meeting April 14, 1993 Page 2 of 2 CAPE CANAVERAL PLANNING &ZONING BOARD REGULAR MEETING APRIL 28, 1993 A Regular Meeting of the Planning&Zoning Board of the City of Cape Canaveral,Florida,was held on April 28, 1993 at the City Hall Annex, 111 Polk Avenue,Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Steve Roney Catherine Barnes Bruce Collins Buzz Petsos 1st Alternate Beatrice McNeely 2nd Alternate MEMBERS ABSENT Mary Wheeler Vice Chairman OTHERS PRESENT James Morgan Building Official Thomas Kleving Building Inspector Kevin Markey Assistant City Attorney Susan Nelson Secretary NEW BUSINESS 1. Special Exception Reauest No. 93-04 to Allow On-Premises Consumption of Beer&Wine for Gourmet Hot Doas 6890 N Atlantic Avenue•Section 23 Township 24 South Range 37 East Lots 1. 2&3. Block 73 -Petitioner is Barbara Cossev.Aaent Mr.Kleving,Building Inspector,advised that he had received a letter from Ms.Cossey requesting that the special exception request be tabled until the next scheduled meeting due to the fact that all the exhibits had not been submitted. Mr.Collins moved to table Special Exception Request No.93-04 until the next scheduled meeting. Mr. Petsos seconded the motion. Motion carried unanimously. DISCUSSION 1. Discussion Re: Review of Draft for Pre-Application Meetina with City Enaineer The Board members reviewed a draft prepared by Mr.Markey regarding pre-application meeting with the City Engineer. Discussion followed. It was requested that the Secretary furnish a copy of the draft to the City Engineer for his comments. The Secretary concurred. Chairman Russell requested that this item be placed on the next scheduled meeting agenda for further discussion. There being no further business,the meeting was adjourned at 7:40 P.M. Approved this 12 714 day of /2/agi , 1993. Chairman Secretary Planning&Zoning Board Regular Meeting April 28, 1993 Page 1 of 1 CAPE CANAVERAL PLANNING&ZONING BOARD REGULAR MEETING MAY 12, 1993 A Regular Meeting of the Planning&Zoning Board of the City of Cape Canaveral, Florida,was held on May 12, 1993 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Bruce Collins Buzz Petsos 1st Alternate Beatrice McNeely 2nd Alternate MEMBERS ABSENT Catherine Barnes Steve Roney OTHERS PRESENT Joy Salamone Mayor James Morgan Building Official Kevin Markey Assistant City Attorney Susan Nelson Secretary Mr. Petsos moved to change the verbiage in the motion by amending the minutes of April 12, 1993 regarding sanitary sewage provisions for Purcell's Distributors. Chairman Russell seconded the motion for purpose of discussion. Discussion followed. The Secretary advised that the wording in the minutes were accurate and matched the verbiage on the approved site plan. Discussion continued. Mr.Petsos withdrew his motion. Mr. Collins moved to approve the minutes of April 14, 1993 as written. Mr. Petsos seconded the motion. Motion carried unanimously. Mr.Collins moved to approve the minutes of April 28, 1993 as written. Ms.McNeely seconded the motion. Motion carried unanimously. DISCUSSION 1. Presentation by Deborah Haggerty, Finance Director: Budget Goal Setting Ms. Haggerty gave a presentation regarding budget goal-setting for the fiscal year 1993/94. She explained that as members of an advisory board, the members probably receive advertisements for various trade journals or educational seminars that may be beneficial. She outlined that if any Board member would like to submit a request for consideration of any such services,to complete the budget worksheet forms provided to each Board member. Ms. Haggerty asked if there were any questions. Being none, she thanked the Board for their cooperation. UNFINISHED BUSINESS 1. Special Exception Request No. 93-04 to Allow On-Premise Consumption of Beer & Wine at Gourmet Hot Doos,6890 N.Atlantic Avenue:Section 23,Township 24 South,Range 37 East, Avon by the Sea, Lots 1, 2&3, Block 73 -Petitioner is Barbara Cossey.Agent The Board members reviewed the application and exhibits and Section 637.51 of the Cape Canaveral Zoning Regulations. Ms. Cossey explained that her business serves hot dogs & beer. She advised that the restaurant consisted of 50 seats; 18 parking spaces;had a snack bar;hours of operation are 10:00 AM to 10:00 PM; over 50% of sales was for food consumption; and that she is currently licensed by the Florida Beverage and License Department to serve beer and wine. Discussion followed. Planning &Zoning Board Regular Meeting May 12, 1993 Page 1 of 3 Mr.Collins moved to recommend approval of Special Exception Request No.93-04 for the on-premise consumption of beer and wine at Gourmet Hot Dogs. Mr. Petsos seconded the motion. Discussion followed. Mr. Collins amended his motion to include that any change in the method of operation granted under this special exception shall be resubmitted for deliberation. Mr. Petsos seconded the motion. Vote on the motion and amendment carried unanimously. Ms. Cossey asked whether or not she could legally continue serving beer and wine at this time. Chairman Russell responded that the P &Z Board was not a judicial board and not in the position to make such a ruling. Mr. Morgan, Building Official, stated that on April 16, 1993, he made a request to the City Attorney requesting him to address that question. He advised that to this date, he had received no response. He advised that as far as the State is concerned,she is legal to serve beer and wine. Mr. Markey, Assistant City Attorney, advised that Ms. Cossey could be cited by a City Code Enforcement Officer. He stated that the Code Enforcement Board would likely table the matter until the issue of whether or not her special exception request was resolved. Mr. Markey suggested that she consult with an attorney. Chairman Russell added that Ms.Cossey was making a good effort to comply with a City ordinances. NEW BUSINESS 1. Site Plan Approval, Cape Canaveral Marine Services Parcel 816 Section 15 Township 24 South, Range 37 East-Williams A. Carter. Owner The Board members reviewed the site plan for Cape Canaveral Marine Services. Discussion was held regarding required setbacks, retention areas, and easements. Mr. Harold Nantz, City Engineer,recommended approval with the contingency that the comments in his letter dated May 12, 1993 be addressed to his satisfaction. Mr.Collins moved to approve the site plan for Cape Canaveral Marine Services with the contingency that all the engineering comments be satisfactorily addressed. Mr. Petsos seconded the motion. Motion carried unanimously. 2. Preliminary Plat Approval Cape Gardens Parcel 263 and 283.1. Section 23 Township 24 South, Range 37 East-James W. Murphy Agent The Secretary advised that Mr. Murphy had phoned and requested that this item be postponed since all engineering and City attorney's comments had not been addressed. Mr. Collins moved to postpone the preliminary plat for Cape Gardens. Mr. Petsos seconded the motion. Motion carried unanimously. 3. Election of Vice Chairman Mr. Petsos nominated Mr. Collins as Vice Chairman. Ms. McNeely seconded the nomination. The secretary called the roll. Vote on the nomination to appoint Mr. Collins as Vice Chairman was unanimous. DISCUSSION: Chairman Russell called a recess. The meeting reconvened at 8:30 P.M. 1. Discussion Re: Review of Draft for Pre-Application Meeting with City Engineer The Board members reviewed that draft for pre-application meeting with the City Engineer. Discussion followed. Chairman Russell requested that the City Attorney provide a new draft with recommended changes at the next meeting and requested that the Secretary place this item on the next agenda for motion to recommend approval. The Attorney and Secretary concurred. 2. Discussion Re: Special Meeting Date to Discuss Changes to Chapter 503 Subdivision of Land of the Cape Canaveral Land Development Regulations The Secretary gave several possible dates for consideration to hold the special meeting. it was concluded that the special meeting to discuss changes to Chapter 503 be held on May 19, 1993. Planning&Zoning Board Regular Meeting May 12, 1993 Page 2 of 3 There being no further business,the meeting was adjourned at 9:00 P.M. Approved this iZ t day of rflaq 1993. Chairman Secretary Planning & Zoning Board Regular Meeting May 12, 1993 Page 3 of 3 CAPE CANAVERAL PLANNING&ZONING BOARD SPECIAL MEETING MAY 19, 1993 A Regular Meeting of the Planning&Zoning Board of the City of Cape Canaveral, Florida, was held on May 19, 1993 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Bruce Collins Vice Chairman Catherine Barnes Steve Roney Buzz Petsos 1st Alternate Beatrice McNeely 2nd Alternate OTHERS PRESENT John Kancilia City Attorney Harold Nantz City Engineer James Morgan Building Official Susan Nelson Secretary NEW BUSINESS 1. Discussion and Motion Re: Recommended Changes to Chapter 503, Subdivision of Land, of the Cape Canaveral Land Development Regulations The Board members reviewed a draft of recommended changes prepared by Harold Nantz, City Engineer and John Kancilia,City Attorney of Chapter 503,Subdivision of Land,of the Cape Canaveral Land Development Regulations. Discussion was held between the Board members, City Attorney, and City Engineer. Further recommended changes were made to the draft. Mr. Nantz advised that he would prepare a new draft and incorporate the recommendations by the Planning &Zoning Board. Mr.Collins moved to recommend approval of Chapter 503 to the City Council with the recommended changes. Mr. Petsos seconded the motion. Motion carried unanimously. There being no further business,the meeting was adjourned at 9:00 P.M. Approved this uG ill day of10.0 1993. 2f�Wz Chairman —scan Secretary Planning &Zoning Board Special Meeting May 19, 1993 Page 1 of 1 CAPE CANAVERAL PLANNING &ZONING BOARD REGULAR MEETING MAY 26, 1993 A Regular Meeting of the Planning&Zoning Board of the City of Cape Canaveral, Florida,was held on May 26, 1993 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M.by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Bruce Collins Vice Chairman Buzz Petsos 1st Alternate Beatrice McNeely 2nd Alternate MEMBERS ABSENT Catherine Barnes Steve Roney OTHERS PRESENT Kevin Markey Assistant City Attorney Susan Nelson Secretary Mr.Collins moved to approve the minutes of May 12, 1993 as submitted. Mr. Petsos seconded the motion. Motion carried unanimously. Mr. Petsos moved to approve the minutes of May 19, 1993 as submitted. Mr. Collins seconded the motion. Motion carried unanimously. NEW BUSINESS 1. Motion Re: Recommendation to Approve Section 645.05, Site Plan Preaoplication Submittal and Review Procedures The Secretary noted that the only change made from the previous draft was the number of copies to be provided by the applicant as suggested at the previous meeting. Mr. Petsos moved to recommend approval of Section 645.05, Site Plan Preapplication Submittal and Review Procedures to the City Council. Mr.Collins seconded the motion. Motion carried unanimously. DISCUSSION 1. Discussion Re: Various Reaulations and Ordinances Chairman Russell explained various Board procedures followed in the past. Discussion was held regarding many parcels of property, streets, easements, setbacks, zoning, and the future extension plans for Ridgewood Avenue. There being no further business,the meeting was adjourned at 8:45 P.M. Approved this day of —T kJ 1993. Chairman Secretary Planning &Zoning Board Regular Meeting May 26, 1993 Page 1 of 1 CAPE CANAVERAL PLANNING&ZONING BOARD REGULAR MEETING JUNE 9, 1993 A Regular Meeting of the Planning&Zoning Board of the City of Cape Canaveral, Florida, was held on June 9, 1993 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Bruce Collins Vice Chairman Beatrice McNeely 2nd Alternate MEMBERS ABSENT Catherine Barnes Steve Roney Buzz Petsos list Alternate OTHERS PRESENT Kevin Markey Assistant City Attorney James Morgan Building Official Susan Nelson Secretary Mr,Collins moved to approve the minutes of May 26, 1993 as submitted. Ms.McNeely seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Preliminary Plat Approval, Cape Gardens, Parcel 263 and 283.1. Section 23, Township 24 South, Range 37 East-James W. Murphy,Agent Mr. Morgan, Building Official, advised that Mr. Murphy did not submit the revisions to the City in adequate time to allow the City Attorney and City Engineer to review. Mr.Murphy had requested that the preliminary plat be tabled until the next scheduled meeting. Mr. Collins moved to table the preliminary plat approval for Cape Gardens until the next scheduled meeting. Ms. McNeely seconded the motion. Motion carried unanimously. NEW BUSINESS 1. Revised Site Plan Approval.Grace Bible Presbyterian Church Parcel 252 (One Church Street) Rev.James L. Blizzard,Agent The Board members reviewed the submitted site plan for Grace Bible Presbyterian Church. Mr.Morgan advised that the site plan had been previously approved by the Planning & Zoning Board. However, the site plan had expired and the site plan was resubmitted. Mr. Morgan advised that Mr. Harold Nantz, City Engineer had reviewed the resubmitted site plan and recommended approval since all his engineering comments were satisfactorily addressed. Discussion was held regarding the following: parking, retention, front setback requirement, and the six inch water main. Mr. Collins moved to approve the site plan for Grace Bible Presbyterian Church. Ms. McNeely seconded the motion. Motion carried unanimously. Planning &Zoning Board Regular Meeting June 9, 1993 Page 1 of 2 ADD ON DISCUSSION 1. Discussion Re: Ridgewood Avenue Road Extension Discussion was held regarding the Ridgewood Avenue road extension. The Board members reviewed a letter from Mr.John Kancilia, City Attorney, dated November 12, 1992 advising that Chapter 501 of the City Code of Ordinances gave the City the authority to reserve the location of streets from future public acquisition. Discussion followed. There being no further business,the meeting was adjourned at 8:10 P.M. Approved this Lard day of �um2 1993. /� • U! /1 mizo Chairman Secretary Planning&Zoning Board Regular Meeting June 9, 1993 Page 2 of 2 CAPE CANAVERAL PLANNING&ZONING BOARD REGULAR MEETING JUNE 23, 1993 A Regular Meeting of the Planning&Zoning Board of the City of Cape Canaveral, Florida,was held on June 23, 1993 at the City Hall Annex, 111 Polk Avenue,Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M.by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Bruce Collins Vice Chairman Steve Roney Buzz Petsos Beatrice McNeely 1 st Alternate MEMBERS ABSENT Catherine Barnes OTHERS PRESENT Kevin Markey Assistant City Attorney James Morgan Building Official Susan Nelson Secretary Mr.Collins moved to approve the minutes of June 23, 1993 as submitted. Ms. McNeely seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Preliminary Plat Approval. Caoe Gardens. Parcel 263 and 283.1 Section 23 Township 24 South, Ranae 37 East-James W. Murphy,Anent The Board members reviewed the preliminary plat. Mr. Morgan, Building Official, explained that Mr. Nantz, City Engineer, had reviewed the preliminary plat and recommended approval since all of his comments had been addressed to his satisfaction. Mr.Markey,Assistant City Attorney,advised that the Cape Gardens Condominium Association Bylaws and exhibits regarding the definition of"common areas"had not been submitted. Discussion followed. Mr. Collins moved that the Preliminary Plat for Cape Gardens be approved with the following contingencies: 1. Submission of all exhibits to Cape Gardens Condominium Association Restrictive Covenants; Bylaws; and Articles of Incorporation. 2. Submission of the Bylaws. Mr. Roney seconded the motion. Motion carried unanimously. NEW BUSINESS 1. Site Plan Approval, Cape Gardens, Parcel 263 and 283.1 Section 23 Township 24 South Ranae 37 East-James W. Murphy.Anent Mr. Morgan, Building Official, advised that the site plan for Cape Gardens was not ready to be approved due to engineering comments remaining to be addressed. Mr.Collins moved to postpone the site plan for Cape Gardens until the next scheduled meeting. Mr. Petsos seconded the motion. Motion carried unanimously. Planning&Zoning Board Regular Meeting June 23, 1993 Page 1 of 2 There being no further business,the meeting was adjourned at 7:57 P.M. Approved this day of 1993. Chairman Secretary r. Planning&Zoning Board Regular Meeting June 23, 1993 Page 2 of 2 CAPE CANAVERAL PLANNING&ZONING BOARD REGULAR MEETING JULY 28, 1993 A Regular Meeting of the Planning&Zoning Board of the City of Cape Canaveral,Florida,was held on July 28, 1993 at the City Hall Annex, 111 Polk Avenue,Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Bruce Collins Vice Chairman Buzz Petsos Catherine Barnes Beatrice McNeely 1st Alternate MEMBERS ABSENT Lamar Russell Chairman Steve Roney OTHERS PRESENT Rocky Randels Council Member John Kancilia City Attorney James Morgan Building Official Susan Chapman Secretary Mr,Petsos moved to approve the minutes of June 23, 1993 as submitted. Ms.Barnes seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Site Plan Approval, Cape Gardens, Parcel 263 and 283.1. Section 23, Township 24 South, Ranoe 37 East-James W. Murphy.Agent The Board members reviewed the submitted site plan. Discussion was held regarding the 10 ft. high concrete block wall which did not meet the City code requirement;landscaping not plan not provided;retention and possible wetland areas;and the sewer lateral wye. Mr.Morgan advised that the landscaping plan would be provided during the building permit application process. Mr.Murphy agreed that the roadway would remain a private road forever. Mr.Morgan,Building Official,explained that Mr.Petrosillo,City Engineer,had recommended approval of the site plan with the contingency that his remaining engineering comments be addressed to his satisfaction. M►. Petsos moved to approve the site plan for Cape Gardens with the following contingencies: 1) Comply with the City Engineers comments stated in his letter dated July 23, 1993; 2) Concrete wall shall meet City requirements;and 3) Trees 4" or larger shall be preserved. Ms. Barnes seconded the motion. Motion carried unanimously. NEW BUSINESS 1. Site Plan Approval,Rockwell International,Modification of Buildino No 3 Parcel 806 Section 15,Township 24 South. Range 37 East(280 West Central Boulevard) -Roger Patrick Revco Construction,Agent The Board members reviewed the site plan for Rockwell International. Planning&Zoning Board Meeting Regular Meeting July 28, 1993 Page 1 of 2 Discussion was held regarding the site plan not being drawn to scale. Mr. Morgan advised that Mr. Petrosillo, City Engineer, had recommended approval of the site plan with the contingency that his comments be addressed to his satisfaction. He further advised that the Public Works Director had no comments regarding this project. Mr.Petsos moved to approve the site plan for Rockwell International with the following contingencies: 1) Draw site plan to scale; and 2) Comply with City Engineer comments at stated in his letter dated July 23, 1993. Ms. Barnes seconded the motion. Motion carried unanimously. 2. Special Exception Request No.93-05 to Allow Parkino of Recreational Vehicles,Trailers etc.. Lots 24.1 and 25. Banana River Estates, Section 26, Township 24 South, Range 37 East (6115 and 6203 North Atlantic Avenue) -Douglas C.Wilson, Owner Discussion was held regarding property ownership. Mr. Wilson advised that he had contracts to purchase the properties contingent upon the granting of the special exception. Mr. Kancilia advised that Mr.Wilson needed to be formally dedicated by the property owners to act as their designated agent in writing. Mr.Wilson stated that he did not have letters stating that he was the property owners designated agent. Vice Chairman Collins called for a recess. The meeting reconvened at 8:05 P.M. Mr. Kancilia advised that the Board could make a recommendation to the Board of Adjustment with the condition that Mr. Wilson show proof that he was the owners designated agent prior to the scheduling of the Board of Adjustment meeting and if proof was not provided, the recommendation to the Board of Adjustment would be null and void. Mr.Wilson concurred. Discussion followed. Mr. Wilson advised that he would be storing four low bed trailers on the property during the construction transition period. Ms. McNeely recommended approval of Special Exception Request No. 93-05 with the following stipulations: 1) Proof be provided stating that Mr.Wilson is the owners designated agent; and 2) Request must comply with Section 637.51(M). Mr. Petsos seconded the motion. Motion carried unanimously. 3. Site Plan Approval,Ocean Oaks, Parcel 750 Section 14 Township 24 South Range 37 East .(North of Royal Mansions)-Jack A Bennett Agent The Board members reviewed the site plan for Ocean Oaks (formally Hidden Oaks). Mr.John Allen, Allen engineering answered various Board members questions. Mr.Allen advised that the site plan provided a 50 ft. easement for the future Ridgewood Avenue Road Extension project and the density was 6.2 units per acre. Discussion was held regarding the placement of the dune cross-over;swales; curbing and Scrub Jays. Mr. Petsos moved to approve the site plan for Ocean Oaks with the following contingencies: 1) Conveyance of 50 ft. right of way throughout;and 2) Paving the right of way to the entrance of Ocean Woods. Ms. Barnes seconded the motion. Motion carried unanimously. There being no further business,the meeting was adjourned at 8:45 P.M. Approved this day of 1993, Chairman Secretary Planning&Zoning Board Regular Meeting July 28, 1993 Page 2 of 2 CITY OF CAPE CANAVERAL ZONING BOARD OF ADJUSTMENTS SEPTEMBER 20, 1993 A Meeting of the City of Cape Canaveral Zoning Board of Adjustments was held on September 20, 1993 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairman Lloyd called the meeting to order at 7:30 P.M. The Secretary called the roll. MEMBERS PRESENT: Russell Lloyd Chairman Marilyn Rigerman Vice Chairman Ronnie Farmer Robert Laws Patrick Lee Robert Hoog 1st Alternate OTHERS PRESENT: James Morgan Building Official Kevin Markey Assistant City Attorney Evelyn Hutcherson Secretary Mr. Lee moved to approve the minutes of June 7, 1993 as submitted. Ms. Rigerman seconded the motion. Motion carried unanimously. NEW BUSINESS _ 1. Special Exception Request No 93-05 to Allow Parking of Recreational Vehicles. Trailers etc Lots 24.1 and 25 Banana River Estates, Section 26, Township 24 South Ranee 37 East (6115 and 6203 North Atlantic Avenue) - DouElas C. Wilson, Owner Chairman Lloyd confirmed that the notices had been sent out and all of the appropriate requirements for this request had been met. Mr. Wilson explained that he been operating a construction company in the City of Cape Canaveral for the past 10 years and his office is located in the building adjacent to this piece of property, 6113 North Atlantic Avenue. He noted that he intended to build an office complex within the next few years. In addition to the construction office, he would like a place to park his trailers and some of his construction equipment. He added that he owned very little equipment and it was usually on his job sites. He outlined his plans for the property until he was ready to build his new office. He plans to remove and fill the two swimming pools,demolish the white house,and make improvements along AIA. Discussion followed on the portion of the property included in this request. It was noted that the flag lot on Holman Road was not a part of this request and was zoned for a single family residence. Mr. Ronald Wright, a resident and homeowner west of this site, spoke in favor of the request. Attorney Markey reminded the Board to glance through 645.2.3, regarding the written findings. Discussion followed. Chairman Lloyd noted that this Section requires the Burd to certify compliance which could be interpreted to require a site plan. He recalled the manner these had been handled in the past, the Board relied on the Building Department Zoning Board of Adjustment September 20, 1993 Page 1 of 2 to assure compliance with these requirements. Attorney Markey stated that it was one of their projects to tighten up the application process so that approval of special exception requests would not be subject to conditions. He stated that the applicant should know what would be required. During the ensuing discussion, it was noted that the cost of a site plan to meet the minimum requirements for a special exception would be cost prohibitive for someone who did not own the property. Attorney Markey stated that this Board had to understand that they need to make written findings that the applicant has complied with the minimum requirements for a special exception. It was recommended that a check list be provided with the application so the applicant comes would know the requirements. Since this request was submitted during the transition phase, it was the consensus of the Board that the request be approved. Mr. Lee moved to approve Special Exception Request No. 93-05 subject to the applicant coming into compliance according to the Building Official's interpretation. Mr. Laws seconded the motion. Motion carried unanimously. There being no further business the meeting was adjourned at 7:54 P.M. Approved this day of 1993. Chairman Secretary Zoning Board of Adjustment September 20, 1993 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING OCTOBER 13, 1993 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on October 13, 1993 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral,Florida. The meeting was called to order at 7:30 P.M. by Chairman Collins. The Secretary called the roll. MEMBERS PRESENT Bruce Collins Chairman Catherine Barnes Buzz Petsos Beatrice McNeely MEMBERS ABSENT Steve Roney OTHERS PRESENT Rocky Randels Council Member Bennett Boucher City Manager Kevin Markey Assistant City Attorney Tom Kleving Building Inspector Evelyn Hutcherson Secretary Mr. Petsos moved to approve the minutes of September 8, 1993,and September 22, 1993, as submitted. Ms. Barnes seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Discussion and Motion Re. Section 641.33 Location of Recreational Vehicles Camping Equipment. Boats and Boat Trailers, of the Cape Canaveral Code of Ordinances 2. Discussion and Motion, Re: Section 653.20. Off-premises Signs and Signs on Vacant Land:Section 653.21. Political Signs• and Section 653.24.Temporary off-Premises Signs, of the Cape Canaveral Code of Ordinances Mr. Petsos noted that when these items were discussed they were under discussion items, not unfinished business, and since they are rather lengthy items they should be placed under discussion. Discussion followed on the possibility of scheduling these items at different meetings. Mr. Petsos moved that the discussion items on the sign ordinance and the parking of recreational vehicles, camping and boating be placed on the agenda at alternating meetings under discussion only. Ms. Barnes seconded the motion. During the ensuing discussion it was noted that the Board had a lot of information to read and the question was raised as to input from the citizens as to what they are looking for. The City Manager was requested to let the citizens know that these items were being discussed in the newspaper.Vote on the motion was unanimous. Planning and Zoning Board Regular Meeting October 13, 1993 Page 1 of 3 3. Discussion, Re: Site Plan Review Check List It was noted that Mr. Morgan was to obtain some input from the builders. Ms. McNeely asked if the check list could not be revised. Attorney Markey noted that the ordinance required that a form be promulgated but the form itself was not a part of the ordinance. Ms. McNeely moved to accept the site plan review check list as submitted. Mr. Petsos seconded motion. Discussion followed on the purpose of the check list and how it came to be. Ms. McNeely withdrew her motion and Mr. Petsos withdrew his second. Ms. Barnes moved to table Item No. 3,discussion of site plan review check list until further information was provided by Mr. Morgan. Mr. Petsos seconded motion. Motion carried unanimously. 4. Review of State of Florida Department of Community Affairs Departmental Rule Changes (Concurrency Management System, Housing Element, Coastal Management Element, Transportation Element) Mr. Boucher briefly explained that this was information on DCA requirements on comprehensive plan revision. He noted that this Board would be provided any informational materials obtained by staff and upcoming seminars on the EARS and ELMS guidelines and the City Engineer would assist the City when the rules are available. Councilman Randels commented that the Florida Supreme Court had issued a ruling in the Snyder Case and upheld the theory that a comprehensive plan was pretty much supreme. Discussion followed on the background information required in making these quasi judicial decisions. NEW BUSINESS 1. Special Exception Request No 93-07 to Allow Storage or Parking of Recreational Vehicles,Boats Boat Trailers and Trailerable Items in a C-1 Zone Lot 15, Park Villas Sections 14 and 23 Township 24 South Range 37 East (Northeast corner North Atlantic and Washington Avenues)-Thomas H Quinn Agent Mr.Quinn stated that he was requesting inside storage for boats,recreational vehicles and trailerable items. He plans to provide some of the units with nine foot garage doors to accommodate larger vehicles. Concern was expressed by members of the Board on the possibility of these units being used for mini-storage which was not allowed in a C-1 zone. Attorney Markey explained that there were no provisions for warehouses in this zoning district; however, the special exception provisions in Paragraph M could be controlled with a condition on the special exception. Discussion followed on the size of the units, screening and access. Mr. Quinn pointed out that the information being discussed would be shown on the site plan. In response to the questions on the mini-storage warehouses on North Atlantic and Central Boulevard, Mr. Russell explained the history of storage garages and the rationale of the Planning and Zoning Board in limiting this use in a M-1 Zone. Mr. Russell noted that when an applicant was asking for a special exception,the City could ask for something in return. He commented that the Board could place the condition that if the use reverts to anything other that approved, that the use must be abandoned. Mr. Quinn explained his intent of retaining the project under one ownership and his lease would stipulate the usage. He expressed concern that he would not have time to correct a violation should a violation occur. Attorney Markey explained that Section 801 of the Code of Ordinances requires a conviction in a court of competent jurisdiction. Planning and Zoning Board Regular Meeting October 13, 1993 Page 2 of 3 Mr. Petsos move to recommend approval of Special Exception Request No. 93-07 to allow storage or parking of recreational vehicles, trailers; however not to be used as mini-storage, to be totally enclosed with a roof, allow one duplex outlet and appropriate lighting per stall. If the use violates the special exception, the special exception would lapse. Ms. McNeely seconded the motion. Discussion followed on the storage of trailerable items. Mr. Petsos moved to amend the motion to include trailerable items. Amendment carried with members voting as follows: Ms. Barnes, For; Mr. Collins, For; Ms. McNeely, For; Mr. Petsos, Against. Motion carried with members voting as follows: Ms. Barnes,For;Mr. Collins, For;Ms. McNeely, For;Mr. Petsos, Against. DISCUSSION 1. Conditions of Approval of Special Exception Request No. 91-6 Mr. Collins noted that the Board of Adjustment had signed the Special Exception on December 9, 1991, and the notation on the memorandum from Mr. Murphy read November 13, 1991, which was the date the Planning& Zoning Board Chairman had signed. Mr. Murphy outlined the expenditures to date on this project,the permitting delays which he had encountered and his concern that the Special Exception would expire. He asked for a definition of "development." During the ensuing discussion it was determined that the approved site plan, concurrency applications and the application to St. John's River Water Management would be considered as starting development. Mr. Petsos moved to recommend to the Board of Adjustment that development has started on this project. Ms. Barnes seconded motion. Motion carried unanimously. There being no further business,the meeting adjourned at 9:24 P.M. Approved this day of . 1993. Chairman Secretary Planning and Zoning Board Regular Meeting October 13, 1993 Page 3 of 3 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING NOVEMBER 10, 1993 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on November 10, 1993, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Vice Chairman Petsos. The Secretary called the roll. MEMBERS PRESENT Buzz Petsos Vice Chairman Beatrice McNeely Steve Roney MEMBERS ABSENT Bruce Collins Chairman Catherine Barnes OTHERS PRESENT Kevin Markey Assistant City Attorney James Morgan Building Official Thomas Kleving Building Inspector Evelyn Hutcherson Secretary Motion by Mr. Roney, seconded by Ms. McNeely, to approve the minutes of October 27, 1993, as submitted. Motion carried unanimously. NEW BUSINESS 1. Final Plat Approval, Canaveral Beach Villas, Lot 8, Block 5. Cape Canaveral Beach Gardens, Unit 2 (290-294 Canaveral Beach Boulevard) - Thomas H. Quinn. Agent Mr. Morgan reported that all items noted in the Dyer, Riddle, Mills & Precourt letter dated September 22, 1993, had been addressed. Ms. McNeely inquired about the additional parking spaces which were discussed at the last meeting. Mr. Quinn responded that an additional sixteen (16) foot wide pervious parking Planning and Zoning Board Regular Meeting November 10, 1993 Page 1 of 3 space had been provided for each unit and the air conditioner condensing units would be screened from the street. Mr. Petsos inquired about the two-hour fire wall. Mr. Quinn replied that the two-hour fire wall still needed to be addressed. Ms. Hutcherson reported that the changes in the restrictive covenants recommended by Attorney Markey had been made and a corrected copy was on file. Motion by Mr. Roney, seconded by Ms. McNeely, to approve the final plat as submitted. Motion carried unanimously. DISCUSSION 1. Discussion and Motion, Re: Section 641.33, Location of Recreational Vehicles, Camping Equipment, Boats and Boat Trailers, of the Cape Canaveral Code of Ordinances Mr. Petsos remarked that Mr. Collins was drafting an ordinance for the Board's review and since the Chairman was absent due to unforseen circumstances the draft was not ready for discussion. He inquired if the Board would like to discuss this issue further or would the Board prefer to wait until the draft was complete. Mr. Morgan stated that Mr. Collins had spent approximately two hours in the office discussing the proposed changes. Ms. McNeely inquired if a decision had been made to separate recreational vehicles and boats in the draft. Mr. Morgan responded that the pros and cons of separating the two had been discussed but a decision had not been made. Mr. Petsos recalled that the Board had suggested that both options be considered with the recreational vehicles being one and boats the other with a possibility of two separate ordinances. Discussion followed. Motion by Mr. Roney, seconded by Ms. McNeely, to table this item until the next meeting. Motion carried unanimously. 2. Discussion, Re: Definition of "Trailerable Items" Mr. Petsos stated that he had requested that this item be placed on the agenda after the discussion on trailerable items last month on the Special Exception request. He noted that Section 637.51, Paragraph M, allows the parking and storage of recreational vehicles, trailers and trailerable items but there was no definition for trailerable items in the book. Mr. Morgan stated that this question was raised at the Board of Adjustment meeting Monday night. Planning and Zoning Board Regular Meeting November 10, 1993 Page 2 of 3 During the ensuing discussion, Mr. Russell recommended that trailerable items be taken out of the text if it can not be de£med. Mr. Petsos commented that his main concern was the use of the units in a C-1 Zone and the possibility of operating a business from a storage warehouse. Mr. Roney recommended that the Board focus on the parking and storage of recreational vehicles, boats, etc. before addressing the definition of trailerable items. Discussion followed on methods of controlling the use of the storage units. Mr. Markey cautioned the Board that the Aesthetic Ordinance only addressed the exterior of the property and would not control the use of the units. Motion by Mr. Roney, seconded by Ms. McNeely, to table this item until the next meeting for discussion by the full Board. Motion carried unanimously. ADD-ON ITEM 1. Mailing of Agenda Packets to Board Members Mr. Petsos stated that the City he used to be affiliated with had boxes at City Hall where all of the members of the various Boards would come by and pick up their information every week. He noted that the packet for this meeting was fairly small and the postage was $1.21 per person. He requested that the Board consider going by City Hall to pick up their agenda packets. Mr. Morgan pointed out that it may be advantageous since it would afford the members an opportunity to check the packet to determine if they had any questions or any additional information they may desire. Discussion followed on how this procedure could be implemented. Motion by Mr. Roney, seconded by Ms. McNeely, to place this item on the next agenda as a discussion item. Motion carried unanimously. There being no further business, the meeting was adjourned at 8:20 P.M. Approved this day of , 1993. Chairman Secretary Planning and Zoning Board Regular Meeting November 10, 1993 Page 3 of 3