Loading...
HomeMy WebLinkAboutP&Z & LPA Board Minutes 1994 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING FEBRUARY 9, 1994 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on February 9, 1994 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Petsos. The Secretary called the roll. MEMBERS PRESENT Buzz Petsos Chairman Beatrice McNeely Steve Roney MEMBERS ABSENT Catherine Barnes Vice Chairman Willie Clark 1 st Alternate OTHERS PRESENT James Morgan Building Official Thomas Kleving Building Inspector Kevin Markey Assistant City Attorney Susan Chapman Secretary Motion by Ms. McNeely, seconded by Mr. Roney to approve the minutes of January 26, 1994. Motion carried unanimously. NEW BUSINESS 1 . Fence Exemption Request No. 94-01 to Erect a Six-Foot High Fence Lots 11 & 12, Block 6, Avon by the Sea, Section 23, Township 24 South Range 37 East (615 Washington Avenue) -Don W Applegate Petitioner Mr. Morgan advised that City staff had posted the property unsafe and had requested that the property owner apply for a fence exemption to erect a six-foot high chain link fence around the perimeter of the property due to various existing ascertainable hazards. Mr. Roney advised that he had received a notice of this request since his property was located within 300 feet of Mr. Applegate's property. He questioned if he would need to abstain from voting due to this fact. He added that he did not have a vested interest in Mr. Applegate's property. He agreed that the fence was necessary. Mr. PLANNING AND ZONING BOARD REGULAR MEETING FEBRUARY 9, 1994 PAGE 2 Markey, Assistant City Attorney, gave the legal opinion that Mr. Roney could vote since he had no vested interest. Motion by Mr. Roney, seconded by Ms. McNeely to approve Fence Exemption Request No. 94-01 to erect a six-foot high chain link fence as presented due to the concern of public safety. Motion carried with members voting as follows: Ms. McNeely, For; Mr. Petsos, For; Mr. Roney, For. DISCUSSION Mr. Morgan, Building Official explained the contents of a memorandum dated February 9, 1994 regarding a discussion that had been held with former Planning & Zoning Board Chairman, Bruce Collins in reference to ideas to modify Sections 641 .33 through 641 .37 of the Cape Canaveral Zoning Regulations. Mr. Kleving, Building Inspector advised that letters had been sent to many residents with boats not in compliance with the City codes. He added that some of those residents may be present at the next Planning & Zoning Board meeting. Discussion was held regarding various boats and recreational vehicles parked and stored throughout the City not in compliance with the current City codes. After discussion, Chairman Petsos asked that this item be placed on the next agenda for further discussion. He asked that he be provided a list of the addresses of owners cited for noncompliance of the City codes pertaining to this issue. Mr. Morgan commented that the City Council had requested that the Planning & Zoning Board review and make recommendations for possible changes of Sections 641 .33 through 641 .37 of the Cape Canaveral Zoning Regulations. There being no further business, the meeting was adjourned at 8:05 P.M. Approved this 23rd day of }- ebruar 1994. zzz � Zzo O Chairman im_pq�� c wait �.. .1 ' Secretary CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MARCH 9, 1994 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on March 9, 1994 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Petsos. The Secretary called the roll. MEMBERS PRESENT Buzz Petsos Chairman Catherine Barnes Vice Chairman Beatrice McNeely Robert Hoog MEMBERS ABSENT Steve Roney Willie Clark Alternate OTHERS PRESENT Leo Nicholas City Council Member Rocky Randels City Council Member James Morgan Building Official Thomas Kleving Building Inspector Kevin Markey Assistant City Attorney Susan Chapman Secretary Motion by Mr. Hoog, seconded by Ms. Barnes to approve the minutes of February 23, 1994. Motion carried unanimously. DISCUSSION 1 . Discussion Re: Sections 641 .33 through 641 .37 of the Cape Canaveral Zoning Regulations. Chairman Petsos announced that letters had been mailed to boat and R.V. owners throughout the City not in compliance with Section 641 .33 of the City codes to inform them of the violation and invite them to the meetings for there input for possible amendments to the current ordinance. He requested that when an amendment draft if recommended to the City Council that the boat and R.V. owners cited be provided a copy of the draft. City of Cape Canaveral Planning & Zoning Board Meeting March 9, 1994 Page 2 An ensuing discussion was held regarding parking of recreation vehicles as it pertained to the current ordinance between the Board members and citizens. After discussion, it was the conclusion of the Board to request that the City Attorney draft the following recommended changes, in ordinance form, to be furnished to the Board members and boat and R.V. owners previously notified for further discussion at the next scheduled meeting. The following suggestions were made by the Planning & Zoning Board as follows: 1) Section 641 .33 (B) - remove maximum size requirement of 21 feet. (However, this was a contraversal issue to remove size requirement in its entirety). 2) Section 641 .36 - strict enforcement of no living in these vehicles (temporary or permanent). 3) No shore power should be allowed to these vehicles (except to charge battery). 4) Definitions, Page 13 - parking on paving only. 5) Section 641 .25 - safe distance on setback from right of way except from right of way except on corner lots which should be 25 feet from street right of way line. 6) Section 641 .33 (13)(1) - delete screening and fencing requirement. 7) Define commercial vs. recreational. 8) Vehicle shall be properly licensed, tagged and in operable condition. 9) Section 641 .33 (13)(1) is in conflict with Sections 641 .21 and 641 .37 (A). 10) Section 641 .37 - Parking and storage must comply with the Section. In addition to the above suggestions, the Board members requested that the City Attorney research safety visual factors and report back to the Board with his findings at the next meeting. City of Cape Canaveral Planning & Zoning Board Meeting March 9, 1994 Page 3 2. Discussion Re: Zoning Amendment to Allow for a "Sunset Provision" on Special Exceptions and Variances. There being no further business, the ,meeting was adjourned at 8:57 P.M. Approved this day of 1994. Chairr6an Secretary CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MARCH 23, 1994 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on March 23, 1994 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 Barnes. The Secretary called the roll. MEMBERS PRESENT Catherine Barnes Vice Chairman Beatrice McNeely Steve Roney Robert Hoog Alternate MEMBERS ABSENT Buzz Petsos Chairman Willie Clark i OTHERS PRESENT Leo Nicholas City Council Member James Morgan Building Official Kevin Markey Assistant City Attorney Kim McIntire Secretary Motion by Ms. McNeely, seconded by Mr. Roney to approve the minutes of March 9, 1994. Motion carried unanimously. DISCUSSION 1. Fence Exemption Request No. 94-2 to Extend Existing 4 ft High Block Wall 2 ft. in Height, Remove Existing 4 ft High Cyclone Fence and Replace with 6 ft High Block Wall - Section 23 Township 24 South Range 37 East Lots 5 9- 14, Block 35. Avon by the Sea (555 Jackson Avenue) - Sea Jade Condominiums) - Petitioner was William Sweet Secretary/Treasurer for Sea Jade Condominium Association. City of Cape Canaveral Planning & Zoning Board Meeting March 23, 1994 Page 2 Mr. Steven Fredrickson summarized for the Board the reasons for the Association's request for a fence exemption around the perimeter of the swimming pool. There was some concern expressed by members regarding possible obstruction of view. Mr. Fredrickson explained that the two foot addition would not block visibility. The Board reviewed Section 641.27, Fences, Walls and Hedges of the Cape Canaveral Zoning Regulations. Motion by Mr. Roney,seconded by Ms. McNeely to approve Fence Exemption Request No. 94-2 since the conditions of Section 641.27 (A)(3) were met. Motion carried with members voting as follows: Ms. Barnes, for; Mr. Hoog, for; Ms. McNeely, for; Mr. Roney, for. DISCUSSION Mr. Lamar Russell gave a presentation explaining right-of-ways, setbacks, easements and dedications for the benefit of the Board members. There being no further business, the meeting was adjourned at 8:30 P.M. Approved this day of 1994. Chairman Ytn Secretary CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING APRIL 13, 1994 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on April 13, 1994 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Petsos. The Secretary called the roll. MEMBERS PRESENT Buzz Petsos Chairman Catherine Barnes Vice Chairman Beatrice McNeely Steve Roney Robert Hoog MEMBERS ABSENT Willie Clark 1st Alternate OTHERS PRESENT Leo Nicholas City Council Member James Morgan Building Official Kevin Markey Assistant City Attorney Susan Chapman Secretary Motion by Mr. Hoog, seconded by Mr. Roney to approve the minutes of March 23, 1994. Motion carried unanimously. NEW BUSINESS 1. Final Plat Approval, Ocean Gardens - Wave Two Lots 11-28 and 38-42 A Portion of Parcels B1, C1, C2, C3 & C4 Section 23 Township 24 South Range 37 East - James W. Murphy, Agent for William Bennix Trustee The Board members reviewed the Final Plat for Ocean Gardens - Wave Two. Discussion followed. Mr. Morgan advised that a Certificate of Approval had been received from the City Engineer. City of Cape Canaveral Planning & Zoning Board Meeting April 13, 1994 Page 2 Motion by Mr. Roney, seconded by Mr. Hoog to recommend approval of the Final Plat for Ocean Gardens- Wave Two. Motion carried with members voting as follows: Ms. Barnes, for; Mr. Hoog, for; Ms. McNeely, for; Mr. Petsos, for; Mr. Roney, for. 2. Special Exception Request No. 94-04 to Add Storage and Display Area for Re- Sale of Beverages, Parcel 254, Section 23, Township 24 South. Range 37 East. (Located at Spike's Liquors, Church Street Center, 8177 N. Atlantic Avenue) - Petitioner was Lawrence W. Schryer, Designated Agent for William C. Pritchett, Owner Mr. Hoog advised that he had been hired by Mr. Schryer to perform electrical work on the building prior to the application for special exception being submitted. Mr. Hoog asked Mr. Markey if this would be considered a voting conflict. Mr. Markey suggested that Mr. Hoog file a conflict disclosure and submit it as part of the official record but did not believe it would be a conflict for Mr. Hoog to vote. Mr. Hoog concurred. Mr. Schryer explained that the additional space was needed for storage and display area and would not be used for expanded sale purposes. Motion by Ms. Barnes, seconded by Mr. Roney to recommend approval of Special Exception Request No. 94-04 to allow added storage and display area at Spike's Liquors. Motion carried with members voting as follows: Ms. Barnes, for; Mr. Hoog, for; Ms. McNeely, for; Mr. Petsos, for; Mr. Roney, for. 3. Recommendation to City Council to Amend and Re-title Section 641.33, Location of Recreational Vehicles, Camping Equipment, Boats. and Boat Trailers: Section 641.36, Living or Residing in Automotive Vehicles: Section 641.37, Parking and Storage of Certain Vehicles The Board members reviewed the draft prepared by Mr. Markey. An ensuing discussion was held regarding the verbiage in the prepared draft. Motion by Ms. McNeely, seconded by Mr. Hoog to instruct the City Attorney to revise the ordinance draft to be resubmitted at the next scheduled meeting to include the following: Change size requirement to a maximum of 30 feet; no parking within 4 feet of any right-of-way; remove requirement for screening and fencing; recreational vehicles shall be a safe distance from all eaves and overhangs; electrical power for battery charging only. Motion carried with members voting as follows: Ms. Barnes, for; Mr. Hoog, for; Ms. McNeely, for; Mr. Petsos, for; Mr. Roney, for. City of Cape Canaveral Planning & Zoning Board Meeting April 13, 1994 Page 3 4. Recommendation to City Council to Amend Section 645.05, Site Plan Review Procedures by Adding New Section 645.32, Implementation of Special Exceptions and Variances, Providing for Time Limitations Associated with Special Exceptions and Variances The Board members reviewed the draft submitted by Mr. Markey. Mr. Nicholas questioned if the City should include a stipulation regarding time for commencement on special exceptions and variances that were previously granted and for future requests. The Board members agreed that the stipulation should be included in the amendment to the code. Motion by Ms. Barnes, seconded by Mr. Roney to request that the City Attorney prepare a new draft to include a stipulation for commencement. Motion carried with members voting as follows: Ms. Barnes, for; Mr. Hoog, for; Ms. McNeely, for; Mr. Roney, for. Mr. Markey stated that he would have a new draft prepared for the next meeting. There being no further business, the meeting was adjourned at 9:45 P.M. Approved this lltb day of n(lii- , 1994. Chairman Secretary CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MAY 11, 1994 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on May 11, 1994 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Petsos. The Secretary called the roll. MEMBERS PRESENT Buzz Petsos Chairman Catherine Barnes Vice Chairman Beatrice McNeely Robert Hoog MEMBERS ABSENT Steve Roney Willie Clark Alternate OTHERS PRESENT Bennett Boucher City Manager Rocky Randels Council Member James Morgan Building Official Kevin Markey Assistant City Attorney Susan Chapman Secretary Motion by Mr. Hoog, seconded by Ms. Barnes to approve the minutes of April 13, 1994 as presented. Motion carried unanimously. UNFINISHED BUSINESS 1. Recommendation to City Council to Amend and Re-title Section 641.33, Location of Recreational Vehicles, Camping Equipment, Boats, and Boat Trailers• Section 641.36 Living or Residing in Automotive Vehicles; Section 641.37, Parking and Storage of Certain Vehicles. PLANNING & ZONING BOARD MEETING MINUTES MAY 11, 1994 PAGE 2 The Board members reviewed the revised proposed draft prepared by the City Attorney. An ensuing discussion was held regarding maximum allowable footprint length, distance from the exterior of any structure or overhang, definitions of multi- family and townhouses. After discussion,the Board members agreed to the following changes to the proposed draft: Incorporate Section 110-551 (2) subparagraphs (c), (d), and (e); include definition of multi-family; include effective date; and delete paragraph (f) in its entirety. Motion by Mr. Hoog, seconded by Ms. Barnes to direct the City Attorney to revise the proposed draft incorporating the suggested changes and postpone recommendation until the next meeting. Motion carried with members voting as follows: Ms. Barnes, for; Mr. Hoog, for; Ms. McNeely, for; Mr. Petsos, for. 2. Recommendation to City Council to Amend Section 645.05, Site Plan Review Procedures by Adding New Section 645.32. Implementation of Special Exceptions and Variances Providing for Time Limitations Associated with Special Exceptions and Variances. The Board members reviewed the proposed draft prepared by the City Attorney. ' During an ensuing discussion, the members encouraged imposing time limitations and conditions already allowed by the current code. The members concurred that granted special exceptions to property owners for businesses should continue with the property. However, if a special exception was granted to a tenant for a particular business,the granted special exception should automatically expire when the business is discontinued from that property location. Motion by Ms. Barnes, seconded by Mr. Hoog to recommend approval to City Council the proposed draft of Section 645.32. Motion carried with members voting as follows: Ms. Barnes, for; Mr. Hoog, for; Ms. McNeely, for; Mr. Petsos, for. NEW BUSINESS 1. Special Exception Request No 94-05 to Allow a Residential Structure ina C-1 Zone Sec 23 Twp 24S Range 37E Lot 14 Block 41 Avon by the Sea Subdivision (160 Polk Avenue) - Petitioner was Mark and Laurie Nelson, Owners. Mrs. Nelson stated that they intended to build a single family residence or duplex on this property. She added that there were no complaints as to the residential use from adjoining property owners. PLANNING & ZONING BOARD MEETING MINUTES MAY 11, 1994 PAGE 3 Motion by Ms. Barnes, seconded by Ms. McNeely to recommend approval of Special Exception Request No. 94-05 to allow a residential structure in a C-1 zone. Motion carried with members voting as follows: Ms. Barnes, for; Mr. Hoog, for; Ms. McNeely, for; Mr. Petsos, for. 2. Special Exception Request No. 94-06 to Allow a Two-Unit Townhouse in a C-1 Zone, Secs. 14 & 23, Twp. 24S, Rge. 37E, Lot 15, Park Villas Subdivision (Corner of N. Atlantic and Washington Avenues) - Petitioner is Thomas H. Quinn for Q & W Construction, Inc., Owner. Mr. Quinn explained that this request was to build a two-unit townhouse which would be a continuation of the existing 14 unit townhouse project (Park Villas). He noted that the townhouse would front Washington Avenue. Mr. Quinn agreed to relinquish the existing granted special exception for storage garages if this special exception was approved. He stated that the site plan for the storage garages did not work out. Discussion followed. Motion by Mr. Hoog, seconded by Ms. Barnes to recommend approval of Special Exception Request No. 94-06 with the contingency that the existing special exception ' would be voided if this special exception is granted. Motion carried with members voting as follows: Ms. Barnes,for; Mr. Hoog, for; Ms. McNeely, for; Buzz Petsos, for. 3. Site Plan Approval to Construct Mini-Storage Warehouses, Sec. 15, Twp. 24S, Rge. 37E. a Portion of Parcel 750 (Located on Commerce Street) - Donald Haynes, Owner of Allison Storage Corporation. Ms. Barnes advised that she would abstain from voting because she was related to Mr. Haynes. The Board members reviewed the site plan for mini-storage warehouses submitted by Mr. Haynes. Ms. McNeely advised Mr. Haynes of a memorandum received from the Fire Department which outlined conditions of their approval. Mr. Haynes responded that he agreed to comply with the conditions placed by the Cape Canaveral Volunteer Fire Department. Chairman Petsos advised that a special exception would be necessary to allow a security quarters as depicted on the site plan. Mr. Haynes stated he was not aware that a special exception was needed. Discussion followed regarding whether or not the special exception should be granted prior to granting approval of the site plan. PLANNING & ZONING BOARD MEETING MINUTES MAY 11, 1994 PAGE 4 Mr. Lamar Russell suggested that the Board could approve the site plan subject to the special exception being granted for the proposed security quarters. Mr. Morgan pointed out that the use for the security quarters would not be permissible until the special exception was granted. Chairman Petsos advised that a certificate of approval had been received from the City engineer. Motion by Ms. McNeely, seconded by Mr. Hoog to approve the site plan for Allison Storage Corporation. Motion carried with members voting as follows: Ms. Barnes, abstain; Mr. Hoog, for; Ms. McNeely, for; Mr. Petsos, for. 4. Recommendation to City Council to Amend Section 110-567, Paragraah 6, Interior Landscaping for Off-Street Parking Areas Section 34-122, Public Nuisance Prohibited Section 102.36 Definitions, Section 102-39, Penalties and Section 102-41 Protection of Trees and Vegetative Buffers of the Code of Ordinances to Provide for the Preservation of Trees with a Diameter at Breast Height of Over Four (4) Inches. The Board members reviewed a proposed draft prepared by the City Attorney providing for the preservation of trees with a diameter at breast height of over four inches. Mr. Boucher, City Manager explained that the present codes were not ' consistent and asked that the Board consider recommendation to change the codes to be consistent. The Board members discussed and agreed that the breast height should be changed from four inches to three inches. Chairman Petsos suggested that the City Council should also take recommendations from the Beautification Board regarding the proposed change. Mr. Boucher agreed and advised that it would be placed on the next Beautification meeting agenda. Motion by Ms. Barnes, seconded by Mr. Hoog to recommend approval of the proposed draft with the exception of changing the diameter at breast height from four inches to three inches. Motion carried with members voting as follows: Ms. Barnes, for; Mr. Hoog, for; Ms. McNeely, for; Mr. Petsos, for. There being no further business, the meeting was adjourned at 9:30 P.M. Approved this 2 th day of 1994. z hairman Secretary FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAM I IRSI'NAMIi-.MIDDLE NAME NAME OF BOARD.COUNCIL.COMMISSION.AUIIIORI I Y.OR COMMI 1-1 LE v< MAILING ADDRESS THE ROARD.COUNCIL.COMM1SSION.AUTHORITY R COMM II-IEE ON WHICII 1 SERVE IS A UNIT OF: CITY O COUNTY O OT'IIr:R LOCALAGENCY CITY COUNTY NAME OI:POLITICAL SUBDIVISION: DATE 039 W ICII VOTE OCCURRED MY POSITION IS; - O ELECTIVE ZAPPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board, council,commission,authority,or committee. It applies equally to members of advisory and non-advisory bodies who arc presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions On this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting On a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the p rent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the s ecial private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357. F.S., and officers of independent special tax districts elected on a one-acre,one-vote basis arc not prohibited from voting in that cuipacity. For purposes of this law,a "relative"includes only the officer's father, mother,son,daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where clic shares of the corporation arc not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from-voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you arc abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH T-XtE VOTE WLL BE TAKEN: fou must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting,who will incorporate the form,in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. CE FORM RD•10.91 PAGE 1 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING _ MAY 25, 1994 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on May 25, 1994 at the City Hall Annex, 111 Polk Avenue, Cape .Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Petsos. The Secretary called the roll. MEMBERS PRESENT Buzz Petsos Chairman Catherine Barnes Vice Chairman Steve Roney Beatrice McNeely Robert Hoog MEMBERS ABSENT Willie Clark Alternate OTHERS PRESENT Leo Nicholas Council Member Thomas Kleving Building Inspector Kevin Markey Assistant City Attorney Susan Chapman Secretary Motion by Mr. Hoog, seconded by Ms. McNeely to approve the minutes of May 11, 1994 as presented. Motion carried unanimously. Motion by Mr. Roney, seconded by Mr. Hoog to approve the Joint Meeting with City Council minutes of May 3, 1994. Motion carried unanimously. UNFINISHED BUSINESS 1. Recommendation to City Council to Amend and Re-title Section 641.33 Location of Recreational Vehicles, Camping Equipment, Boats and Boat r Trailers• Section 641 36 Living or Residing in Automotive Vehicles• Section 641.37, Parking and Storage of Certain Vehicles. PLANNING & ZONING BOARD MEETING MINUTES MAY 25, 1994 PAGE 2 The Board members reviewed the re-revised proposed draft prepared by the City Attorney. Chairman Petsos declared a voting conflict since he could personally gain from the approval of this amended ordinance. After an ensuing discussion, the Board members agreed that all of the recommended changes were satisfactorily incorporated. Motion by Ms. Barnes,seconded by Mr. Hoog to recommend approval of the proposed draft to the City Council as presented. Motion carried with members voting as follows: Ms. Barnes, for; Mr. Hoog, for; Ms. McNeely, for; Mr. Petsos, Abstain; Mr. Roney, for. DISCUSSION: An ensuing discussion was held regarding possible consideration to amend Chapter 94, Signs of the Cape Canaveral Code of Ordinances. The Board members reviewed a memorandum from Thomas Kleving regarding existing signs in non-conformance with the current ordinance. Mr. Lamar Russell gave the Board a brief history regarding the implementation of the sign code. He read inserts from the existing sign code for the City of Sunrise, Florida pertaining to banners, flags, and special event signs. Discussion was held regarding safety, aesthetics, possibility of implementing a "grand-fathering" clause, height restrictions, signs withstanding wind-load requirement,advertising signs, and existing unpermitted signs. Chairman Petsos asked City staff to research the permitting of existing signs and report back to the Board at the next meeting and also asked Mr. Russell to provide the Board Secretary with a copy of the inserts he had referred to from the City of Sunrise. Chairman Petsos requested this item be placed on the next agenda for further . discussion. Chairman Petsos asked that the Board members read the first three Chapters of the Comprehensive Plan and be prepared to discuss same at the next Local Planning Agency meeting to be held immediately following the next Planning & Zoning Board meeting. Mr. Lamar Russell advised that he possessed information that may be helpful in the Boards' review of the Comprehensive Plan. The Board members welcomed any information pertaining to the review process. PLANNING & ZONING BOARD MEETING MINUTES MAY 25, 1994 PAGE 3 There being no further business, the meeting was adjourned at 9:00 P.M. Approved this e-2hLO day of amu - 111994. ..c tis a z Chairman Secretary CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JUNE 22, 1994 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on June 22, 1994 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Petsos. The Secretary called the roll. MEMBERS PRESENT Buzz Petsos Chairman Catherine Barnes Vice Chairman Beatrice McNeely Robert Hoog MEMBERS ABSENT Steve Roney OTHERS PRESENT Leo Nicholas Council Member Rocky Randels Council Member Bennett Boucher City Manager James Morgan Building Official Kevin Markey Assistant City Attorney Susan Chapman Secretary Motion by Mr. Hoog, seconded by Ms. Barnes to approve the minutes of May 25, 1994 as presented. Motion carried unanimously. UNFINISHED BUSINESS 1. Recommendation to City Council to Amend and Re-title Section 641.33, Location of Recreational Vehicles, Camping Equipment, Boats, and Boat Trailers; Section 641.36, Living or Residing in Automotive Vehicles; Section 641 .37, Parking and Storage of Certain Vehicles. PLANNING & ZONING BOARD MEETING MINUTES JUNE 22, 1994 PAGE 2 The Board members reviewed page 2 of the City Council Workshop Meeting Minutes dated June 2, 1994 which outlined concerns expressed at that meeting regarding the proposed ordinance. Discussion followed. Mr. Petsos stated that he would abstain from voting since he could personally gain from the ordinance being approved. Motion by Ms. Barnes, seconded by Mr. Hoog to recommend changes to City Council as follows: Item (2)(a), pg. 3 - leave 4 ft. setback requirement as originally recommended. Item (2)(b), pg. 3 - agree with the change noted in the minutes of June 2, 1994. Item (2)(f), pg. 3 - agree with the change noted in the minutes of June 2, 1994 with the addition of non-motorized and non-trailered. Motion carried with members voting as follows: Ms. Barnes, for; Mr. Hoog, for; Ms. McNeely, for; Mr. Petsos, Abstain. NEW BUSINESS 1 . Site Plan Approval of Ocean Woods Boulevard Guard House, Section 14, Township 24 South, Range 37 East, a Portion of Ocean Woods Stages One and Two (Located on Ocean Woods Boulevard) - Ocean Woods Home Owners Association, Owners. Mr. Morgan advised that the City had received a certificate of approval from the City Engineer and added that one phone call had been received from a property owner in Ocean Woods regarding the 4 ft. sidewalk. Mr. Morgan suggested that the 4 ft. sidewalk meander around his property. He added that this would could be addressed during the construction process. He advised that the City staff had no concerns regarding this site plan. Ms. Norma Reynolds, Manager for Ocean Woods advised that the Ocean Woods Home Owners Association had agreed to the stipulation placed by the Cape Canaveral Volunteer Fire Department (CCVFD) regarding the installation of a future gate system. PLANNING & ZONING BOARD MEETING MINUTES JUNE 22, 1994 PAGE 3 Motion by Ms. McNeely, seconded by Mr. Hoog to approve the Site Plan for Ocean Woods Boulevard Guard House. Motion carried with members voting as follows: Ms. Barnes, for; Mr. Hoog, for; Ms. McNeely, for; Mr. Petsos, for. 2. Special Exception Request No. 94-07 to Allow Rockwell International to Purchase and Install One Hazardous Chemical Storage Container, Section 15, Township 24 South, Range 37 East, Parcel 813 (Located at 260 West Central Boulevard, Rockwell International) - M. Craig Dixon, Agent. Mr. Morgan explained that the original special exception for storage of liquified petroleum products had been approved on October 22, 1990 and that this special exception was being requested in order to comply with the storage containment requirements placed as a contingency of that special exception. Mr. Dixon reiterated that the reason for the request was that the CCVFD had requested Rockwell International to relocate existing chemicals to an approved hazardous storage container. Mr. Dixon outlined the various types of products to be stored in the building and explained the specifications of the storage containment system. Motion by Ms. Barnes, seconded by Mr. Hoog to recommend approval of Special Exception Request No. 94-07 to allow Rockwell International to install one hazardous chemical storage container. Motion carried with members voting as follows: Ms. Barnes, for; Mr. Hoog, for; Ms. McNeely, for; Mr. Petsos, for. 3. Revised Site Plan Approval for Sea Era Sands Condominiums - Lots 11 thru 15 Block 40, Section 23, Township 24 South, Range 37 East, Avon by the Sea Subdivision (555 Harrison Avenue) - Richard Torpy, Agent. Mr. Morgan advised that a certificate of approval had been received from the City Engineer and noted that this was a 2nd modification to an existing approved site plan. He further advised that the applicant was lacking state approval from the Department of Environmental Protection (D.E.P.) for the swimming pool location; encroachments east of the construction control line; and the existing building structure. Mr. Torpy advised that D.E.P. required that the site plan be approved by the City prior to D.E.P. approval. Mr. Torpy suggested that acquiring a permit from D.E.P. could be a contingency of the site plan. PLANNING AND ZONING BOARD MEETING MINUTES JUNE 22, 1994 PAGE 4 Discussion was held regarding changes in ownership of the entire project. Mr. Torpy added that his client hoped to eliminate the existing eyesore by completing the project as soon as possible. Mr. Torpy agreed to meet all City requirements including removal of the existing swimming pool located on Lot 9 and bringing the property into compliance with existing code enforcement violation on or before July 7, 1994; and obtaining all required permits from regulatory agencies. Discussion was held regarding the existing wall which was in need of repair. Mr. Torpy explained that his client was willing to repair the wall even though portions of it were not located on his property unless stopped by existing owner(s). He added that this repair would be completed by July 7, 1994. Discussion followed. Motion by Ms. Barnes, seconded by Mr. Hoog to approve the revised site plan for Sea Era Sands Condominiums with the following contingencies: 1. All required permits to be obtained by applicable regulatory agencies. 2. Code enforcement violations shall be brought into compliance by July 7, 1994. 3. Lots 8, 9 & 10 shall be put back to natural state including removal of swimming pool prior to July 7, 1994. Motion carried with members voting as follows: Ms. Barnes, for; Mr. Hoog, for; Ms. McNeely, for; Mr. Petsos, for. Mr. Roney arrived at the meeting at 8:50 P.M. DISCUSSION 1. Discussion Re: Chapter 94, Signs of the Cape Canaveral Code of Ordinances Mr. Morgan suggested that this item be tabled until further direction is given from City Council. Motion by Mr. Hoog, seconded by Ms. Barnes to table this discussion item until further notice. Motion carried with members voting as follows: Ms. Barnes, for; Mr. Hoog, for; Ms. McNeely, for; Mr. Petsos, for. PLANNING & ZONING BOARD MEETING MINUTES JUNE 22, 1994 PAGE 5 There being no further business, the meeting was adjourned at 9:00 P.M. Approved this 144:' day of 1994. z 7- -h-airman Secretary CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JULY 13, 1994 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on July 13, 1994 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Petsos. The Secretary called the roll. MEMBERS PRESENT Buzz Petsos Chairman Catherine Barnes Vice Chairman Beatrice McNeely Robert Hoog Steve Roney OTHERS PRESENT Leo Nicholas Council Member John Porter Council Member Bennett Boucher City Manager James Morgan Building Official Kevin Markey Assistant City Attorney Susan Chapman Secretary Motion by Mr. Roney, seconded by Ms. Barnes to approve the minutes of June 22, 1994 as presented. Motion carried unanimously. NEW BUSINESS 1. Site Plan Approval for Supra Center Sections 22/23 and 26/27, Township 24 South Range 37 East, Parcels 511 and 514 - Ali O. Tezel, Owner, Supra Color Enterprises, Inc. Mr. Morgan advised that a Certificate of Approval had been received from the City Engineer pending a change the grading of the parking lot to prevent ponding. He also advised that the Cape Canaveral Volunteer Fire Department had reviewed the site plan and had no comments. He noted that a sidewalk would be constructed to meet the requirements of the City of Cape Canaveral Land Development Regulations. PLANNING & ZONING BOARD MEETING MINUTES JULY 13, 1994 PAGE 2 Mr. Roney voiced his concern regarding visibility of the bike path on A1A. Mr. Tezel responded that he would take concern of any visibility impediments. He expressed willingness to work with the City and advised that he would save as many trees as possible and replant where possible. Ms. Mary Hicky, President of Cape Shores Condominium Association asked how many trees would be destroyed. Mr. Tezel reiterated that he would save as many trees as possible. Mr. Morgan advised that the City would make inspections to ensure trees were not removed unnecessarily. (k 161Ll Mr. John AAa%ftey, member of the Cape Shores Condominium Association Ad Hoc Committee voiced his concern regarding the six foot fence depicted on the site plan. He advised that Cape Shores had suggested to Mr. Tezel that a concrete block wall be constructed to provide a buffering between the two developments and block visibility of the dumpster from residence of Cape Shores. Ms. Hicky added that the owners of Cape Shores preferred the highest buffering possible and that Cape Shores had no intentions of funding the buffering. Mr. Tezel responded that his development would meet the City requirements and because of the significant cost factors, he would not construct a block wall but rather the six foot wooden fence as shown on the site plan. Discussion followed. Mr. Morgan advised that a fence exemption would be required to construct a higher fence and added that the City's aesthetic regulation allowed for code enforcement action for fences in a state of disrepair. Mr. Markey gave his legal opinion that contingencies could not be placed on the site plan if the site plan met all minimum requirements. Motion by Mr. Roney, seconded by Mr. Hoog to approve the site plan for Supra Center as presented with a six foot wooden fence. Discussion followed regarding the existing possible non-conforming Atlantic Rental sign. Ms. Barnes amended the original motion to include that if the existing Atlantic Rental sign was found in non- conformance, then the sign be modified to conform with the existing sign code or be removed. Mr. Roney seconded the amendment. Vote on the amendment and main motion carried with members voting as follows: Ms. Barnes, for; Mr. Hoog, for; Ms. McNeely, for; Mr. Petsos, for; Mr. Roney, for. 2. Variance Request No. 94-08 to Allow Five Residential Units on a 33 Acre property in an R-2 Zone, Lots 1 & 2 and North 17 Feet of Lots 9 & 10 Block 43, Section 23, Township 24 South, Range 37 East Avon by the Sea (301 PLANNING AND ZONING BOARD MEETING MINUTES JULY 13, 1994 PAGE 3 Tyler Avenue) Petitioner is Melville Grove Designated Agent for Jennifer Durigon, Owner. The Board members reviewed the variance request application. Mr. Morgan explained that the City Code of Ordinances did not allow for more than 15 units per net residential acre. Mr. Morgan advised that eight feet of the property had been sold and that five units would not meet the density requirement. Mr. Markey advised that the burden of proof or peculiar circumstances was on the applicant and that the applicant must demonstrate a hardship. Mr. Melville Grove advised that the owner was requesting a variance to construct five rental units on a .33 acre property. He added that if the request was not granted, the owner planned to sell the property. Discussion followed. After discussion, the Board members concluded that no hardship was proven, there was no technical reason to change the density requirement and it was not in the City's best interest to grant the variance based on the information provided. Motion by Mr. Roney, seconded by Mr. Hoog to recommend that Variance Request No. 94-08 be disapproved since no hardship was proven. Motion carried with members voting as follows: Ms. Barnes, for; Mr. Hoog, for; Ms. McNeely, for; Mr. Petsos, for; Mr. Roney, for. There being no further business, the meeting was adjourned at 8:40 P.M. Approved this Z'1 N` day of ic.jtr 1994. airman ��1crCmlcz� Secretary r CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JULY 27, 1994 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on July 27, 1994 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Mr. Roney The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Robert Hoog Steve Roney MEMBERS ABSENT Buzz Petsos Chairman Catherine Barnes Vice Chairman OTHERS PRESENT Leo Nicholas Council Member Rocky Randels Council Member X Bennett Boucher City Manager James Morgan Building Official Kevin Markey Assistant City Attorney Susan Chapman Secretary Motion by Ms. McNeely, seconded by Mr. Hoog to approve the minutes of July 13, 1994 as presented. Motion carried unanimously. NEW BUSINESS 1. Presentation by James W Murphy and Discussion Re• Changing the City's Fence Ordinance. Mr. Murphy distributed various pictures of fences surrounding different developments in other municipalities. He expressed his concerns regarding the City's fence ordinance and the restrictions placed on fences and walls used as buffers between properties. He wanted to construct a solid six foot high wall on his development along A1A. PLANNING & ZONING BOARD MEETING MINUTES JULY 27, 1994 PAGE 2 Mr. Murphy questioned why this ordinance restricted solid six foot walls and fences. He believed that the ordinance was changed after an owner had constructed a solid six foot block wall without constructing a house on the property at the west side of Ridgewood Avenue. A neighbor had been elected to City Council and changed the ordinance because of this block wall. Mr. Bennix noted that the only six foot privacy fence allowed by the existing ordinance was a shadow box type fence. Mr. Bennix advised that he had constructed many subdivisions within Cape Canaveral and that one of them had recently won the City's Beautification Award. He stated that he was dedicated to beautifying the City to benefit to entire community. He noted that owners of nicer homes desired privacy and did not believe that a solid six foot wall or fence should be considered an eyesore. Mr. Frost owner of 518 Jefferson Avenue hoped that the City would consider changing the existing ordinance. He owned a townhouse and had an existing four foot wall and wanted to add two more feet onto the existing wall for additional privacy. Mr. Frost explained that light comes from above and that air should not effect his neighbors as stated in the fence ordinance. He could not understand why everyone should suffer because of one wall previously constructed. He believed that the neighboring properties would look better if solid six foot walls or fences were allowed. Discussion followed. Mr. Morgan advised that the way the ordinance was presently written, a fence 4 exemption could only be granted for six foot high wall or fence with the top two feet being fifty percent open not a solid six foot wall or fence. Motion by Ms. McNeely, seconded by Mr. Hoog to agenda this issue for further discussion at the next meeting. Motion carried unanimously. Mr.. Roney thanked Mr. Murphy, Mr. Bennix and Mr. Frost for coming forward and bringing the issue to their attention. There being no further business, the meeting was adjourned at 8:15 P.M. Approved this ?H!T' day of - 1994. Chairman Secretary CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING AUGUST 10, 1994 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on August 10, 1994 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Petsos. The Secretary called the roll. MEMBERS PRESENT Buzz Petsos Chairman Catherine Barnes Vice Chairman Steve Roney Beatrice McNeely Robert Hoog OTHERS PRESENT Leo Nicholas Council Member Bennett Boucher City Manager James Morgan Building Official Kevin Markey Assistant City Attorney Susan Chapman Secretary NEW BUSINESS: 1. Motion Re• Appointment of Board Member to Ad Hoc Committee to Review Criteria for an Architectural Review Board. Mr. Boucher explained that the City Council had asked for input from the Beautification Board regarding the establishment of an architectural review board. The Beautification Board supported the formation of this board and suggested that City Council establish an ad hoc committee consisting of members from each of the various advisory boards. The Beautification Board believed that an architectural review board would have overlapping interest with their board as well as the other advisory boards. Mr. Boucher advised that the ad hoc committee would schedule meeting dates starting in September. PLANNV4G AND ZONING BOARD MEETING MINUTES AUGUST 10, 1994 PAGE 2 Ms. McNeely volunteered to serve on the ad hoc committee however, she would be out of town the last week in September. Chairman Petsos thanked Ms. McNeely for volunteering to serve on the committee. Motion by Mr. Hoog, seconded by Mr. Roney to nominate Ms. McNeely to serve on the Ad Hoc Committee. Motion carried unanimously. UNFINISHED BUSINESS: 1. Discussion and Motion Re: Changing the City's Fence Ordinance. Mr. Roney gave a recap of the discussion from the previous meeting for the benefit of the members that were absent at that meeting. Mr. Murphy reiterated from the last meeting that the ordinance was too limited and restrictive. He advised that owners of expensive homes desired privacy and security. Mr. Morgan advised that a fence exemption could not be approved for a six foot solid block wall as the ordinance is currently written. He further advised that the City of Cape Canaveral was the only City of those checked that restricted six foot solid walls and fences. Mr. Nicholas explained that solid block walls and fences in subdivisions would limit the adjoining neighbors air and light. He advised that a fence exemption was limited to fences only and a definable hazard would need to be proven prior to granting the request. He added that walls were not previously allowed because of accessibility to utility easements in addition to air and light factors. Mr. Roney voiced his opinion that a six foot solid block wall or fence would add privacy and security. He believed that a six foot solid block wall would be aesthetically attractive and would require less maintenance than a fence. He agreed that accessibility to utility easements was obviously necessary if applicable to the property. Mr. Hoog voiced his opinion that the City needed to upgrade the fence ordinance however, he could foresee problems if the City allowed six foot high solid boundary walls because of the easements which needed to be maintained. Mr. Markey advised that the City could require associations to incorporate the maintenance of easements into their documents. Mr. Hoog desired green area in front of any type of fencing adjacent to bike paths and sidewalks. He believed that a six foot high solid wall or fence should not be allowed on townhouse lots. PLANNING AND ZONING BOARD REGULAR MEETING MINUTES AUGUST 10, 1994 PAGE 3 Ms. McNeely voiced her concern that wooden fences often deteriorate. She inquired if the City could add conditions to wooden fences such as treated wood so that they would be more impervious to the weather, termites and decay. She advised that she had replaced a wood fence with a chain link fence and had noticed a difference in penetrating breeze through her yard. She owns a 50 ft. lot and did not want an adjoining neighbor to install a six foot wall because the amount of light would change and she would be deprived of the breeze she currently has. She voiced concern regarding access to rear yards and hazards from fences and walls being placed close to sidewalks and bikepaths. After an ensuing discussion, the Board agreed to hear requests for solid six foot high fences and walls on a case by case basis. The Board requested Mr. Markey to draft an application to request an exemption to construct a six foot solid fence or wall. Mr. Markey suggested that the Board should review other municipal ordinances. After discussion, the Board concluded to direct City staff and Mr. Markey to obtain information from other City municipalities and research the possibility of requiring associations to incorporate maintenance criteria into their bylaws. Mr. Morgan and Mr. Markey concurred. Motion by Mr. Hoog, seconded by Ms. Barnes to table this item for further discussion after research information is obtained by City staff and Mr. Markey. Motion carried with members voting as follows: Ms. Barnes, for; Mr. Hoog, for; Ms. McNeely, for; + Mr. Petsos, for; Mr. Roney, for. There being no further business, the meeting was adjourned at 8:45 P.M. Approved this Z Ll +`—"� day of A , 1994. Chairman Secretary CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING AUGUST 24, 1994 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on August 24, 1994 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Petsos. The Secretary called the roll. MEMBERS PRESENT Buzz Petsos Chairman Beatrice McNeely Robert Hoog MEMBERS ABSENT Catherine Barnes Vice Chairman Steve Roney OTHERS PRESENT Leo Nicholas Council Member Bennett Boucher City Manager James Morgan Building Official Kevin Markey Assistant City Attorney Susan Chapman Secretary APPROVAL OF MINUTES: Motion by Mr. Hoog, seconded by Ms. McNeely to approve the meeting minutes of July 27, 1994 and August 10, 1994 as submitted. Motion carried unanimously. UNFINISHED BUSINESS: 1. Presentation by David J. Sargeant, Fire Chief CCVFD Regarding Concerns of Solid Walls and Fences. Chief Sargeant suggested that the Board consider access to rear yards through a gate on atleast one side of the yard for the purpose of access to utility easements and fire rescue which would assist in reducing risk injury. PLANNING AND ZONING BOARD MEETING MINUTES AUGUST 24, 1994 PAGE 2 UNFINISHED BUSINESS - CONTINUED: 2. Discussion and Motion Re: Changing the City's Fence Ordinance. Mr. Markey explained that he would review the various other City municipalities fence ordinances prior to preparing a proposed draft. He requested clarification as to what the Board desired to be changed or added to the present ordinance. He noted that most beach front communities allowed up to six foot block walls and fences. Discussion was held regarding other cities fence ordinances and various concerns and opinions from Board members regarding breeze, light, green belt, maintenance of easements, access and visibility. After an ensuing discussion, the Board concluded to direct Mr. Markey with Mr. Morgan's assistance to draft a new fence ordinance There being no further business, the meeting was adjourned at 8:45 P.M. Approved this day off„tip 1994. Chairman Secretary CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES SEPTEMBER 14, 1994 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on September 14, 1994 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Petsos. The Secretary called the roll. MEMBERS PRESENT Buzz Petsos Chairman Robert Hoog Leo Nicholas Rocky Randels Donald Bergen MEMBERS ABSENT Catherine Barnes Vice Chairman Beatrice McNeely Steve Roney OTHERS PRESENT Bennett Boucher City Manager Susan Chapman Secretary APPROVAL OF MINUTES: Motion by Mr. Hoog, seconded by Mr. Bergen to approve the meeting minutes of August 24, 1994 as presented. Motion carried unanimously. DISCUSSION: COMPREHENSIVE PLAN REVIEW AND DISCUSSION 1. Review Chapter 9 - Land Use Element Discussion was held regarding the percentage of undeveloped property within the City; wetlands; requirements for soils data; and septic tanks. The Board had an ensuing discussion regarding the possibility of extending the bike path on Astronaut Boulevard and the use of concrete vs. asphalt. The Board further discussed and considered recommending that Ridgewood Avenue not be extended. LOCAL,PLANNING AGENCY MEETING MINUTES SEPTEMBER 12, 1994 PAGE 2 There being no further business, the meeting was adjourned at 8:30 P.M. Approved this w 0-+h day of LCA 1994. Chairman Secretary CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING SEPTEMBER 28, 1994 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on September 28, 1994 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Petsos. The Secretary called the roll. MEMBERS PRESENT Buzz Petsos Chairman Catherine Barnes Vice Chairman Beatrice McNeely Robert Hoog Donald Bergen Alternate MEMBERS ABSENT Steve Roney OTHERS PRESENT Leo Nicholas Council Member Bennett Boucher City Manager James Morgan Building Official Kevin Markey Assistant City Attorney Susan Chapman Secretary APPROVAL OF MINUTES: Motion by Mr. Hoog, seconded by Mr. Bergen to approve the meeting minutes of August 24, 1994 as submitted. Motion carried unanimously. UNFINISHED BUSINESS: 1. Discussion and Motion Re: Changing the City's Fence Ordinance. The Board members reviewed and discussed the proposed draft provided by Mr. Markey. After discussion, the Board members concluded that City staff should make additional changes to the proposed draft and incorporate that solid 6 ft. walls be permissible with a special exemption and establish criteria for same. PLANNING AND ZONING BOARD MEETING MINUTES SEPTEMBER 28, 1994 PAGE 2 Motion by Mr. Hoog, seconded by Ms. Barnes to postpone this item until a new draft is provided by City staff. Motion carried with members voting as follows: Catherine Barnes, for; Donald Bergen, for; Robert Hoog, for; Beatrice McNeely, for; and Buzz Petsos, for. r NEW BUSINESS: 1. Preliminary Replat Approval Cape View Townhomes, Lots 11 & 12, (Replat of Lots 1 2 & 3) Block 24 Avon by the Sea Sec. 23, Twp. 24S, Rge. 37E, (609 611 & 613 Madison Avenue) - John L. Murphy, Agent for Pamela S. Darmstadt and William DuPont, Owners. The Board members reviewed the submitted plat. Mr. Morgan advised that the City had received a certificate of approval from the City Engineer. Mr. Hoog advised that he would abstain from voting due to a financial interest. Motion by Mr. Bergen, seconded by Ms. McNeely to approve the preliminary replat for Cape View Townhomes. Motion carried with members voting as follows: Catherine Barnes, for; Donald Bergen, for; Robert Hoog, abstain; Beatrice McNeely, for; and Buzz Petsos, for. There being no further business, the meeting was adjourned at 8:05 P.M. Approved this �� day of c: kir- 1994. dlizz airman Secretary FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST N � 1 'NA AMC 724AW/;k, F BOARD.COUNCIL. UI I eOO ) rLE% MM0AIiAlr / -,Z7 MAILING ADDRES.1 THE BOARD.COUNCIL COMMISSION.AUTHORITY ORCOMMITrEE ON Z tO :S_EIr t' n / WHICH 1 SERVE IS A UNIT OF: O'CITY O COUNTY O OTHER LOCAL AGENCY CITYCOUNTY e- ^�� NAME OF POLITICAL SURD ISION: v� DATE ON WIII H VOTEOCICTURREU T Q MY POSITION IS: TT � O ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board, council,commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre,one-vote basis arc not prohibited from voting in that capacity. For purposes of this law,a"relative"includes only the officer's father, mother,son,daughter, husband, wife, father-in-law, mother-in- law. son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation arc not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you arc abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN: lou must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting,who will incorporate the form.in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. CE FORM 88-10.91 PAGE I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in,the measure before participating.' • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes c the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 4 ,hereby disclose that on L � Zy '' , 19 / (a) A measure came or will come before my agency which (check one) inured to my special private gain-, inured to the special gain of my business associate, inured to the special gain of my relative, inured to the special gain of by whom I am retained-,or inured to the special gain of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: �`�G'T•e/C/� �Dv! 2 Date led Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRI DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED$5,000. CE FORM 8B-10-91 PAGE 2 CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES SEPTEMBER 28, 1994 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on September 28, 1994 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 8:17 P.M. by Chairman Petsos. The Secretary,called the roll. MEMBERS PRESENT Buzz Petsos Chairman Catherine Barnes Vice Chairman Beatrice McNeely Robert Hoog Leo Nicholas Donald Bergen MEMBERS ABSENT Rocky Randels Steve Roney OTHERS PRESENT Bennett Boucher City Manager James Morgan Building Official Susan Chapman Secretary APPROVAL OF MINUTES: Motion by Mr. Nicholas, seconded by Mr. Bergen to approve the meeting minutes of September 149 1994 as presented. Motion carried unanimously. DISCUSSION: COMPREHENSIVE PLAN REVIEW AND DISCUSSION 1. Review Chapter 10 - Capital Improvements Element Discussion was held regarding the following: Cost of infrastructures; capital improvements; level of service; traffic circulation; extension and widening of roadways; traffic impacts from neighboring cities; storm water management. An ensuing discussion was held regarding recreation and open space. Mr. Boucher advised that the Recreation Board would be reviewing this portion of the comprehensive plan. LOCAL PLANNING AGENCY ' MEETING MINUTES SEPTEMBER 28, 1994 PAGE 2 There being no further business, the meeting was adjourned at 9:00 P.M. Approved this -.'el day of ' 1994". LZ Chairman 2 Secretary CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING OCTOBER 12, 1994 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on October 12, 1994 at the City Hall Annex, 111: Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Petsos. The Secretary called the roll. MEMBERS PRESENT Buzz Petsos Chairman Catherine Barnes Vice Chairman Steve Roney Beatrice McNeely Robert Hoog Donald Bergen Alternate OTHERS PRESENT Leo Nicholas Council Member Rocky Randels Council Member Bennett Boucher City Manager James Morgan Building Official Patrick Healy Acting Interim City Attorney Susan Chapman Secretary APPROVAL OF MINUTES: Motion by Ms. McNeely, seconded by Ms. Barnes to approve the meeting minutes of September 28, 1994 as submitted. Motion carried unanimously. NEW BUSINESS: 1. Preliminary Replat Approval for Park Villas - Phase II Lots 15.0 and 15.1 (Replat of Lot 15) Section 14 Township 24 South Range 37 East Park Villas Subdivision. (104 & 106 Washington Avenue) - Thomas H Quinn Owner Q & W Construction, Inc. Mr. Morgan advised that the City engineer had furnished a certificate of approval for this preliminary replat. The Board members reviewed the submitted plat. Mr. Quinn advised that this phase of Park Villas was not part of the existing Park Villas Homeowners Association. PLANNING AND ZONING BOARD MEETING MINUTES OCTOBER 12, 1994 PAGE 2 He further advised that the individual owners would be responsible for maintaining the rear of the property. He added that the townhouse concept for this phase would be consistent with the 1st phase of Park Villas. Motion by Mr. Hoog, seconded by Ms. Barnes to approve the preliminary replat for Park Villas - Phase II as presented. Motion carried with members voting as follows: Catherine Barnes, for; Robert Hoog, for; Beatrice McNeely, for; Buzz Petsos, for; and Steve Roney, for. 2. Site Plan Approval, Sand Dunes Condominiums Lots 1-5 and 11-15 Block 68 Avon by the Sea, Section 23, Township 24 South Range 37 East (Located Between Buchanan and Lincoln Avenues) - Edward M Fleis Fleis Associates Representative for James W. Peeples III Trustee Mr. Morgan advised that Mr. Edward Fleis, the engineer for this project had requested that this site plan be tabled. Motion by Mr. Hoog, seconded by Mr. Roney to table the site plan for Sand Dunes Condominiums as per the project engineers' request. Motion carried with members voting as follows: Catherine Barnes, for; Robert Hoog, for; Beatrice McNeely, for; Buss Petsos, for; and Steve Roney, for. There being no further business, the meeting was adjourned at 7:40 P.M. Approved this h day of )( 1994. CK'airman Secretary CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES OCTOBER 12, 1994 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on October 12, 1994 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:45 P.M. by Chairman Petsos. The Secretary called the roll. MEMBERS PRESENT Buzz Petsos Chairman Catherine Barnes Vice Chairman Beatrice McNeely Robert Hoog Donald Bergen Steve Roney Leo Nicholas Rocky Randels OTHERS PRESENT Bennett Boucher City Manager James Morgan Building Official Susan Chapman Secretary APPROVAL OF MINUTES: Motion by Mr. Hoog, seconded by Ms. Barnes to approve the meeting minutes of September 28, 1994 as presented. Motion carried unanimously. DISCUSSION: COMPREHENSIVE PLAN REVIEW AND DISCUSSION 1. Review of Goals Objectives and Policies of each Comprehensive Plan Element as per Rule 9J-5. The Board members reviewed schematics of intergovernmental coordination for Cocoa Beach and the Canaveral Port Authority. Mr. Boucher advised that the City of Cocoa Beach was deficient in communicating with Cape Canaveral. Discussion was held regarding the following: comparisons of intergovernmental coordinations with neighboring cities, the level-of-service standards regarding traffic circulation on AIA north of 520, consistencies and inconsistencies of aesthetics in no man's land, and the Regional Planning Council offering support in updating the comprehensive plan. LOCAL PLANNING AGENCY MEETING MINUTES OCTOBER 12, 1994 PAGE 2 There being no further business, the meeting was adjourned at 8:30 P.M. Approved this ...('UA_ day of 1994. Chairman Secretary _ CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING OCTOBER 26, 1994 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on October 26, 1994 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Petsos. The Secretary called the roll. MEMBERS PRESENT Buzz Petsos Chairman Catherine Barnes Vice Chairman Beatrice McNeely Robert Hoog Donald Bergen Alternate MEMBERS ABSENT Steve Roney OTHERS PRESENT Leo Nicholas Council Member Rocky Randels Council Member Bennett Boucher City Manager James Morgan Building Official Patrick Healy Acting Interim City Attorney Susan Chapman Secretary APPROVAL OF MINUTES: Motion by Ms. McNeely, seconded by Mr. Hoog to approve the minutes of October 12, 1994. Motion carried unanimously. NEW BUSINESS: 1. Site Plan Approval,Marshall Manufacturing Building Addition, Parcel 755, Block 24, Avon by the Sea, Sec. 15, Twt). 24S, Rge. 37E, (8880 Astronaut Boulevard) - James Watts, Vice President, Marshall Manufacturing, Mr. Morgan advised that the City engineer had furnished a certificate of approval for this site plan. He further advised that the CCVFD had a few concerns to be addressed during the building permit review process. PLANNING AND ZONING BOARD MEETING MINUTES OCTOBER 26, 1994 PAGE 2 The Board members reviewed the submitted site plan. Ms. Deborah Pontello, subcontractor for Lisa Lombardi Engineering advised that no new signage was proposed for this addition. Mr. Morgan advised that Mr. Watts had indicated that the use of the new addition would be compatible with the existing business. Motion by Ms. McNeely, seconded by Mr. Hoog to approve the site plan for Marshall Manufacturing building addition as presented. Motion carried with members voting as follows: Catherine Barnes, for; Donald Bergen, for; Robert Hoog, for; Beatrice McNeely, for; Buzz Petsos, for. There being no further business, the meeting was adjourned at 7:40 P.M. Approved this 9 fh day of C'-LL-C-- nnLc- ' 1994. 4 1- // i G 2 —' C-41 Chairman Secretary CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES OCTOBER 26, 1994 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on October 26, 1994 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:43 P.M. by Chairman Petsos. The Secretary called the roll. MEMBERS PRESENT Buzz Petsos Chairman Catherine Barnes Vice Chairman Beatrice McNeely Robert Hoog Donald Bergen Leo Nicholas Rocky Randels MEMBERS ABSENT Steve Roney OTHERS PRESENT Bennett Boucher City Manager James Morgan Building Official Susan Chapman Secretary APPROVAL OF MINUTES: Motion by Ms. Barnes, seconded by Ms. McNeely to approve the meeting minutes of October 12, 1994 as presented. Motion carried unanimously. DISCUSSION: COMPREHENSIVE PLAN REVIEW AND DISCUSSION 1. Review of Goals. Objectives and Policies of each Comprehensive Plan Element as per Rule 9J-5. Mr. Boucher introduced Todd Peetz, Brevard County Planner. Mr. Peetz outlined changes in the Intergovernmental Coordination Element Rule 9J-5.015 Intergovernmental Coordination Process Additional Requirements. He explained that the City of Cape Canaveral must identify significant resources and facilities;certify that the final Intergovernmental Coordination Elements LOCAL PLANNING AGENCY MEETING MINUTES OCTOBER 26, 1994 PAGE 2 are compatible demonstrating consideration of the effects of the local plan upon development within adjacent and other affected local governments; expressly provide for and clearly establish a development review process; establish a dispute resolution process for bringing to closure in a timely manner those disputes that pertain to developments that have impacts on other local governments; and identify schools and campus('s) plans in the Intergovernmental Coordination Element. Mr. Peetz advised that Brevard County had formed a Planning Coordination Committee to discuss joint land use planning and coordinating development with municipalities throughout Brevard County. Mr. Boucher stated that he would be attending the meetings. The Board members reviewed, discussed and evaluated the Goals, Objectives and Policies of Chapter 3, Intergovernmental Coordination Element. There being no further business, the meeting was adjourned at 9:27 P.M. Approved this q h day of cpm In r. r 1994. airman Secretary CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING NOVEMBER 9, 1994 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on November 9, 1994 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Petsos. The Secretary called the roll. MEMBERS PRESENT Buzz Petsos Chairman Catherine Barnes Vice Chairman Beatrice McNeely Robert Hoog Donald Bergen Alternate MEMBERS ABSENT Steve Roney OTHERS PRESENT Rocky Randels Council Member Bennett Boucher City Manager James Morgan Building Official Patrick Healy Acting Interim City Attorney Susan Chapman Secretary APPROVAL OF MINUTES: Motion by Mr. Hoog, seconded by Mrs. Barnes to approve the minutes of October 26, 1994 as presented. Motion carried unanimously. NEW BUSINESS: 1. Final Reglat Approval of Park Villas - Phase II, Lots 15.0 and 15.1 (Replat of Lot 15), Section 14, Township 24 South, Range 37 East, Park Villas Subdivision, (104 & 106 Washington Avenue) - Thomas H. Quinn, Owner, Q & W Construction, Inc. The Board members reviewed the submitted final replat of Park Villas - Phase II. Mr. Morgan advised that the City Engineer had furnished a Certificate of Approval. Mr. Quinn noted that the easement would be maintained by the individual owners. PLANNING AND ZONING BOARD MEETING MINUTES NOVEMBER 9, 1994 PAGE 2 Motion by Mr. Hoog, seconded by Mrs. Barnes to recommend approval of the final replat of Park Villas - Phase II as submitted. Motion carried with members voting as follows: Catherine Barnes, for; Donald Bergen, for; Robert Hoog, for; Beatrice McNeely, for; Buzz Petsos, for. There being no further business, the meeting was adjourned at 7:33 P.M. Approved this 19 th day of ece-rnber , 1994. Chairman CoA ier ne"3a.r nes aD Susan L. Chapman, ecretary CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES NOVEMBER 9, 1994 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on November 9, 1994 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:43 P.M. by Chairman Petsos. The Secretary called the roll. MEMBERS PRESENT Buzz Petsos Chairman Catherine Barnes Vice Chairman Beatrice McNeely Robert Hoog Donald Bergen Rocky Randels MEMBERS ABSENT Steve Roney Leo Nicholas OTHERS PRESENT Bennett Boucher City Manager Todd Peetz Brevard County Planner James Morgan Building Official Susan Chapman Secretary .w, APPROVAL OF MINUTES: Motion by Mr. Randels, seconded by Mr. Bergen to approve the meeting minutes of October 26, 1994 as presented. Motion carried unanimously. DISCUSSION: COMPREHENSIVE PLAN REVIEW AND DISCUSSION 1. Review of Goals. Objectives and Policies of each Comprehensive Plan Element as per Rule 9J-5. Mr. Peetz provided copies of the Department of Community Affairs, Chapter 9J-5.013, Conservation Element and outlined the contents of same. LOCAL PLANNING AGENCY MEETING MINUTES NOVEMBER 9, 1994 PAGE 2 The Board members reviewed, discussed and evaluated the Goals, Objectives and Policies of Chapter 4, Conservation Element. There being no further business, the meeting was adjourned at 9:00 P.M. Approved this 1,1-+-h day of 1994. Chairm Secretary «42 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING DECEMBER 14, 1994 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on December 14, 1994 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 Barnes. The Secretary called the roll. MEMBERS PRESENT Catherine Barnes Vice Chairman Steve Roney Beatrice McNeely Robert Hoog Lamar Russell Donald Bergen 1st Alternate MEMBERS ABSENT John Fredrickson 2nd Alternate OTHERS PRESENT John Porter Mayor Rocky Randels Mayor Pro Tem Leo Nicholas Council Member Bennett Boucher City Manager James Morgan Building Official Kohn Bennett City Attorney Susan Chapman Secretary 1. Approval of Minutes: Motion by Ms. McNeely, seconded by Mr. Hoog to approve the meeting minutes of November 9, 1994 as submitted. Motion carried unanimously. 2. Election of Officers: Chairman and Vice Chairman: Mr. Hoog nominated Mr. Russell as Chairman. Mr. Roney seconded the nomination. Mr. Russell withdrew his name from nominations and nominated Mrs. Barnes as Chairman. Mr. Hoog seconded the nomination. Discussion followed. PLANNING AND ZONING BOARD MEETING MINUTES DECEMBER 14, 1994 PAGE 2 Motion by Mr. Russell, seconded by Mr. Hoog to close the nominations. Nomination to appoint Mrs. Barnes as Chairman carried with members voting as follows: Catherine Barnes, accepted the nomination; Donald Bergen, for; Bob Hoog, for; Beatrice McNeely, for; Steve Roney, for; Lamar Russell, for. Mr. Hoog nominated Mr. Roney as Vice Chairman. Mr. Russell seconded the nomination. Motion by Mr. Russell, seconded by Mr. Hoog to close the nominations. Nomination to appoint Mr. Roney as Vice Chairman carried with members voting as follows: Catherine Barnes, for; Donald Bergen, for; Bob Hoog, for; Beatrice McNeely, for; Steve Roney, accepted the nomination; Lamar Russell, for. 3. Motion Re: Cancellation of December 28, 1994 Meeting: Motion by Chairman Barnes, seconded by Mr. Russell to cancel the meeting of December 28, 1994. Motion carried with members voting as follows: Catherine Barnes, for; Bob Hoog, for; Beatrice McNeely, for; Steve Roney, for; Lamar Russell, for. UNFINISHED BUSINESS 1. Site Plan Approval, Sand Dunes Condominiums, Lots 1-5 and 11-15 Block 68 Avon by the Sea, Section 23, Township 24 South Range 37 East (Located Between Buchanan and Lincoln Avenues) - Edward M. Fleis Fleis Associates Representative for James W. Peeples III, Trustee. The Board members reviewed the submitted site plan for Sand Dunes Condominiums. Mr. Morgan advised that the City Engineer had submitted a certificate of approval. Mr. Edward Fleis requested a waiver of the requirement to construct a dune cross- over since there was dune crossovers immediately to the north and south of the property. Mr. Morgan advised that there were no provisions to allow a waiver of this requirement. Mr. Fleis stated that his client was prepared to install the dune cross- over if a waiver was not approved. Discussion was held regarding the landscaping plan. Mr. Morgan advised that the landscaping must meet City criteria. Discussion was held regarding vacation of the alleyway. Mr. Morgan advised that a request had been received to request vacation of the alleyway which would be placed on the next meeting agenda for recommendation to City Council. Motion by Mr. Russell, seconded by Mr. Hoog to approve the Site Plan of Sand Dunes Condominiums with the following conditions: PLANNING AND ZONING BOARD MEETING MINUTES DECEMBER 14, 1994 PAGE 3 1. The developer shall provide a dune crossover as per City code. 2. The alleyway shall be successfully vacated. 3. The landscaping plan must meet or exceed City code. Motion carried with members voting as follows: Catherine Barnes, for; Mr. Hoog, for; Beatrice McNeely, for; Steve Roney, for; Lamar Russell, for. NEW BUSINESS 1. Special Exception Request No. 94-09 to Construct a 800 sg. ft. Security Quarters (8570 Commerce Street, Bldg. B, Allison Storage Garages), Parcel 750, Section 15, Township 24 South, Range 37 East - Petitioner was Donald F. Haynes, Owner, Lauren Homes, Inc. Chairman Barnes announced that she would abstain from voting due to a conflict of interest because Mr. Haynes was her brother-in-law. Mr. Haynes advised that the special exception request was to allow a 800 sq. ft. security quarters to be located on the second floor of Allison storage garages as depicted on the approved site plan. Mr. Morgan advised that the security quarters would be an allowable use with a special exception as per Section 110-354 (12) of the Cape Canaveral Code of Ordinances subject to annual review. Motion by Mr. Russell, seconded by Mr. Hoog to recommend approval of Special Exception Request No. 94-09. Motion carried with members voting as follows: Catherine Barnes, abstain; Bob Hoog, for; Beatrice McNeely, for; Steve Roney, for, Lamar Russell, for. 2. Fence Exemption Request No. 94-10 to Construct 6 ft. high Security Fence (8570 Commerce Street, Allison Storage Garages), Parcel 750, Section 15, Township 24 South, Range 37 East - Petitioner was Donald F. Haynes, Owner, Lauren Homes, Inc. 3 Mr. Haynes advised that a 6 ft. high fence was necessary for insurance purposes and security. Discussion followed. PLANNING AND ZONING BOARD MEETING MINUTES DECEMBER 14, 1994 PAGE 4 Motion by Mr. Russell, seconded by Mr. Hoog to approve Fence Exemption Request No. 94-10 to allow a 6 ft. high security fence at Allison Storage. Motion carried with members voting as follows: Catherine Barnes, abstain; Bob Hoog, for; Beatrice McNeely, for; Steve Roney, for, Lamar Russell, for. 3. Special Exception Request No. 94-11 to Allow Consumption of Beer and Wine (7802 Astronaut Boulevard, Moonhut Restaurant) Lot 9 10 & 11 Block 25 Avon by the Sea, Section 23, Township 24 South Range 37 East - Petitioner was Calliope A. Holiasmenon, Designated Agent. Mr. Morgan advised that this establishment met all the requirements and criteria for on premise beer and wine consumption. Discussion was held regarding a time limit for the petitioner to obtain a beer/wine license from the State and revoking the special exception should the business cease operation. Discussion continued. Motion by Mr. Hoog, seconded by Mr. Russell to recommend approval of Special Exception Request No. 94-11 with the following conditions: 1. If the business is sold then the special exception shall continue with the business. If the business lapses then the special exception shall expire. 2. A beer and wine license shall be obtained within 120 days from date of the special exception approval or the special exception shall be revoked. Motion carried with members voting as follows: Catherine Barnes,for; Bob Hoog,for; Beatrice McNeely, for; Steve Roney, for; Lamar Russell, for. There being no further business, the meeting was adjourned at 8:22 P.M. Approved this ?.5�� day of c�Itn� 199?. Cather e Barnes, Chairman Susan L. Chapman, tecretary CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES DECEMBER 14, 1994 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on December 14, 1994 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:43 P.M. by Chairman Barnes. The Secretary called the roll. MEMBERS PRESENT Catherine Barnes Chairman Steve Roney Vice Chairman Beatrice McNeely Robert Hoog Donald Bergen Rocky Randels Leo Nicholas Lamar Russell MEMBERS ABSENT John Fredrickson OTHERS PRESENT John Porter Mayor Buzz Petsos Council Member Bennett Boucher City Manager Todd Peetz Brevard County Planner James Morgan Building Official Susan Chapman Secretary APPROVAL OF MINUTES: Motion by Mr. Nicholas, seconded by Mr. Hoog to approve the meeting minutes of November 9, 1994 as presented. Motion carried unanimously. DISCUSSION: COMPREHENSIVE PLAN REVIEW AND DISCUSSION 1. Review of Chanter 4 - Coastal Management Goals Objectives and Policies of each Comprehensive Plan Element as per Rule 9J-5 LOCAL PLANNING AGENCY MEETING MINUTES DECEMBER 14, 1994 PAGE 2 Mr. Peetz provided copies of the Department of Community Affairs, Chapter 9J-5.012, Coastal Management for the Board members reference in reviewing Chapter 4 of the Comprehensive Plan. The Board members reviewed, discussed and evaluated the Goals, Objectives and Policies of Chapter 4, Coastal Management through Policy CM-4.6. Due to the late hour, the meeting was adjourned at 9:57 P.M. Approved this 'µ day of 199K. Chai an Secretary