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HomeMy WebLinkAboutP&Z & LPA Board Minutes 1996 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JANUARY 10, 1996 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on January 10, 1996 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 McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Vice Chairman Donald Bergen Arthur Berger John Fredrickson Lamar Russell Joe Elliott Alternate James Lewis Alternate OTHERS PRESENT Leo Nicholas Council Member Bennett Boucher City Manager Kohn Bennett City Attorney Roy Cowell City Engineer Susan Stills Secretary 1. Approval of Minutes: Motion by Mr. Russell, seconded by Mr. Berger to approve the meeting minutes of December 13, 1995 as presented. Motion carried unanimously. NEW BUSINESS 1. Motion Re: Election of Chairperson. Motion by Mr. Russell, seconded by Mr. Berger to nominate Ms. McNeely as the Chairperson and to appoint a new Vice Chairperson at the next scheduled meeting. Ms. McNeely accepted the nomination. Motion carried unanimously. _ PLANNING AND ZONING BOARD MEETING MINUTES JANUARY 10, 1996 PAGE 2 2. Motion Re: Recommendation of Proposed Ordinance #01-96 to City Council Amending Section 110-352, Principal Uses and Structures by Permitting Adult Entertainment Establishments in the M-1 Zoning District. The Board members reviewed and discussed the proposed ordinance to permit adult entertainment establishments in the M-1 zoning district. Motion by Mr. Russell, seconded by Mr. Bergen to recommend that City Council adopt Ordinance #01-96 as presented. Motion carried unanimously. DISCUSSION 1. Discussion Re: Establishing Sunset Provision for Special Exceptions Discussion was held regarding clarification to define variances as hardships and special exceptions as uses. Further discussion was held regarding previous special exceptions which were granted and not utilized, including existing vacant buildings. The Board members concluded to recommend a sunset provision for special exceptions. 2. Discussion Re: Amending Section 110-493, Access Mr. Cowell, City Engineer, suggested that the City adopt an ordinance to establish distance between and number of curb cuts allowable and to re-define definitions of driveways and access in order to reduce the amount of paved areas along A1A. Mr. Fredrickson left the meeting at this time. Discussion was held regarding the requirements of right-of-ways. Discussion continued. Motion by Mr. Russell, seconded by Mr. Elliott to recommend amending Section 110- 493, Access as presented. Motion carried unanimously with remaining members still in attendance. (Mr. Fredrickson did not vote since he had previously left the meeting). 3. Discussion Re: Board Rules and Procedures. The Board members reviewed and discussed the adopted Board Rules of Procedures. Motion by Ms. McNeely, seconded by Mr. Russell to amend the adopted Board Rules of Procedures with recommended changes as discussed. The Secretary would provide a draft of the Board Rules and Procedures, to include the suggested changes, at the next scheduled meeting. PLANNING AND ZONING BOARD MEETING MINUTES JANUARY 10, 1996 PAGE 3 A general discussion was held regarding the status of the new post office, McDonald's restaurant, and library expansion. There being no further business, the meeting was adjourned at 9:16 P.M. Approved this 14+h day of VejorUC-ry , 194- Beatrice Beatrice McNeely, Vice Chairman Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES JANUARY 24, 1996 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on January 24, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 9:10 P.M. by Chairman McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairman Donald Bergen Arthur Berger John Fredrickson Leo Nicholas Delegate-at-Large MEMBERS ABSENT Joe Elliott James Lewis Rocky Randels Delegate-at-Large OTHERS PRESENT John Porter Mayor Todd Peetz Brevard County Planner Susan Chapman Secretary DISCUSSION 1. Review Proposed Changes to Chapter 6, Traffic Circulation Element - Goals. Objectives and Policies as per Rule 9J-5. The Board members reviewed proposed changes to Chapter 6, Traffic Circulation Element of the Comprehensive Plan. Discussion was held regarding traffic levels of service standards. An ensuing discussion was held regarding extending Ridgewood Avenue. The Board members considered the option of creating the Ridgewood Avenue extension as a substandard construction, emergency access/evacuation route, bike path and walkway. LOCAL PLANNING AGENCY MEETING MINUTES JANUARY 24, 1996 PAGE 2 Mr. Peetz announced that the Department of Community Affairs (DCA) would be holding an informal meeting on February 28, 1996 from 10:00 A.M. to 4:00 P.M. regarding the Evaluation Appraisal Report. All were invited to attend. There being no further business the meeting was adjourned at 8:20 P.M. Beatrice McNeely, Chairman Susan Chapman, Secretary CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING FEBRUARY 14, 1996 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on February 14, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairman Donald Bergen Arthur Berger John Fredrickson Lamar Russell James Lewis Alternate MEMBERS ABSENT Joe Elliott Alternate OTHERS PRESENT Leo Nicholas Council Member Buzz Petsos Council Member Burt Bruns Council Member Roy Cowell City Engineer Kohn Bennett City Attorney Susan Chapman Secretary Approval of Minutes: "e Motion by Mr. Russell, seconded by Mr. Bergen to approve the meeting minutes of January 10, 1996 as presented. Motion carried unanimously. NEW BUSINESS 1. Preliminary Re-Plat Approval, Dolphins Cove, Lots 1, 2 & 3 (Replat of Lots 6, part of Lots 7 & 8), Block 60, Avon by the Sea, Sec. 23, Twp. 24S, Rge. 37E (Located on the Corner of Pierce and Ridgewood Avenues) - Douglas and Jacqueline Callahan, Owner. (Previously Approved 4-26-95) PLANNING AND ZONING BOARD MEETING MINUTES FEBRUARY 14, 1996 PAGE 2 Mr. Cowell advised that the city engineering firm had recommended approved based on the conditions that any construction damage to existing sidewalks for driveway access to the new duplex will be repaired by the owner prior to receiving a certificate of occupancy; and a block wall will be constructed around (3) sides of the duplex. Mr. Cowell clarified the conditions for the Board members. Motion by Mr. Bergen, seconded by Mr. Fredrickson to table this agenda item since the property owner was not present at the meeting. Discussion followed. After discussion, the Board determined that it was not required that the applicant be in attendance. Motion by Mr. Bergen, seconded by Mr. Fredrickson to withdraw the motion. Motion by Mr. Berger, seconded by Mr. Russell to approve the resubmitted preliminary replat of Dolphins Cove with the following conditions: 1) Construction damage to existing sidewalks for driveway access to the new duplex unit will be repaired by said owner prior to receiving a Certificate of Occupancy. 2) A block wall will be constructed around (3) sides of the duplex unit to maintain swale area. Motion carried unanimously. 2. Special Exception Request No 96-01 to Allow a Bingo Establishment in the M-1 Zoning District, Sec. 22/23, Twp. 24S, Rge. 37E, (7177 North Atlantic Avenue) - Petitioner is Edward Hradesky, President, Tech-Vest, Inc.] Mr. Robert Beals, attorney representing Mr. Edward Hradesky, President of Tech`Vest, Inc., explained that the low ceiling height precluded most M-1 zoning district uses. He voiced his opinion that a "Bingo Establishment" would be nearly identical to the permissible special exception in Section 110-354 (9), shopping centers and that this type of establishment would promote entertainment and recreation to the citizens of Cape Canaveral. The Board members reviewed the contents of the submitted request. Discussion was held regarding Sections 110-354, Special Exceptions Permissible by the Board of Adjustment; 110-355, Prohibited uses and structures of the Cape Canaveral Code of Ordinances;and Article XVI (2), Special Exceptions Permitted, City Charter. Mr. Beals reviewed the above referenced code sections and withdrew the request. PLANNING AND ZONING BOARD MEETING MINUTES FEBRUARY 14, 1996 PAGE 3 3. Special Exception Request No. 96-02 to Allow New and Used Automobile Sales and Leases in the C-1 Zoning District, Sec. 23, Twp. 24S, Rge. 37E, Lots 4, 9, 10, 11 & 12, Block 41, Avon by the Sea, (7510 North Atlantic Avenue) - Petitioner was David W. Kabboord, President, Kabboord Properties, Inc. Mr. John Kabboord, Attorney representing the applicant, explained that his client was requesting a special exception to allow low scale auto sales in conjunction with the previously approved special exception to allow auto leasing (Special Exception 92-08). Mr. Kabboord advised that no more than four (4) automobiles would be displayed for sale at any one time and there would be no advertising on the vehicles. He believed that this request was compatible with existing uses within the C-1 zoning district. Discussion followed. Motion by Mr. Berger, seconded by Mr. Russell to recommend approval of Special Exception Request No. 96-02 with the following contingencies: (1) Recommend approval based on amending Special Exception No. 92-08. (2) Recommend approval of auto sales in conjunction with leasing operation. (3) Recommend this special exception expire eighteen (18) months after discontinuation of leasing operation. (4) Recommend no display of advertising on automobiles displayed for sale. Motion carried unanimously, as amended. 4. Discussion and Motion Re: Recommendation to Amend Chapter 110, Z'O­Tmg.' and Section 110-493, Access of the Cape Canaveral Code of Ordinances, Amending the Maximum Number of Points of Access Permitted Onto Any One Street, Providing a Minimum Distance Between Openings and Exceptions. Mr. Bennett, City Attorney, explained that the Planning & Zoning Board had previously recommended approval of this code amendment. However, the City Council had a reference be included addressing circular driveways in sub-section (2) of the proposed amendment to the existing ordinance. Mr. Bennett read the proposed change. Discussion followed regarding access. Motion by Mr. Russell, seconded by Mr. Berger to recommend approval as presented. Motion carried unanimously. PLANNING AND ZONING BOARD MEETING MINUTES FEBRUARY 14, 1996 PAGE 4 5. Discussion Re: Recommendation to Allow a Mixed-Use Planned Unit Development (PUD) - Petitioner was Malcolm R. Kirschenbaum Esq_ Mr. Kirschenbaum advised that the city's existing PUD ordinance was limited to only residential. He explained that the proposed PUD ordinance would allow an elaborate and unique resort type mixed-use PUD on 60 acres of a 80 acre tract located on the northeast end of the City. He further explained that the proposed PUD ordinance would permit up to 150 ft. height limit. A lengthy discussion was held regarding transportation impacts, unified green area, density, floor area ratio, open space, hotel and time-share uses, underground utilities, common open space, impervious/pervious areas, and various proposed uses within the PUD. The petitioner noted that there were no concerns regarding the existing tank farm located south of the property. The Board members viewed a illustrative concept which demonstrated height of the proposed 150 ft. structure. Mr. Roy Cowell, City Engineer, noted that he had suggested changes to modify the proposed PUD ordinance which were not made by the petitioner. Discussion continued. 6. Discussion and Motion Re: Recommendation to Establish Section 110-48 Expiration of the Cape Canaveral Code of Ordinances Providing for an Expiration on Special Exceptions. The Board members reviewed the proposed amendment to Section 110-48 of the City Code providing for an expiration on special exceptions. Mr. Bennett outlined the proposed changes for the Board members. Discussion followed. Motion by Mr. Russell, seconded by Mr. Berger to recommend approval to impose an expiration on special exceptions as presented. Motion carried unanimously. 7. Discussion and Motion Re: Adoption of Amended Rules of Procedures•_ The Board members reviewed the amended rules of procedures. Mrs. Chapman depicted the various changes. Motion by Mr. Berger, seconded by Mr. Russell to adopt the amended Board Rules of Procedures as presented. Motion carried unanimously. ADDED AGENDA ITEM: Chairman McNeely advised that the Board lacked a Vice Chairman and since all Board members were present, she requested an added agenda item to appoint a Vice Chairman. PLANNING AND ZONING BOARD MEETING MINUTES FEBRUARY 14, 1996 PAGE 5 Motion by Mr. Russell, seconded by Mr. Berger to add an agenda item to appoint a Vice Chairman. Mr. Berger nominated Mr. Russell as Vice Chairman. Mr. Russell advised that due to his work schedule he would have to decline. Mr. Fredrickson nominated Mr. Berger as Vice Chairman. Mr. Russell seconded the nomination. Motion carried unanimously. There being no further business, the meeting was adjourned at 10:15 P.M. Approved this 1_ � day of 11'1 Ci 2 199 '. Beatrice McNeely, Chairperson Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES FEBRUARY 28, 1996 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on February 28, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:55 P.M. by Chairman McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairman Arthur Berger Vice Chairman Donald Bergen John Fredrickson Joe Elliott Lamar Russell Leo Nicholas Delegate-at-Large MEMBERS ABSENT James Lewis Rocky Randels Delegate-at-Large OTHERS PRESENT Todd Peetz Brevard County Planner Susan Chapman Secretary APPROVAL OF MINUTES: Motion by Mr. Russell, seconded by Mr. Berger to approve the meeting minutes of December 27, 1995 as submitted. Motion carried unanimously. Motion by Mr. Berger, seconded by Mr. Russell to approve the meeting minutes of January 24, 1996 as submitted. Motion carried unanimously. DISCUSSION: 1. Review Proposed Changes to Chapter 8, Housing Element - Goals, Objectives and Policies as per Rule 9J-5. The Board members reviewed and discussed the proposed changes to Chapter 8, Housing Element of the Comprehensive Plan. An extension discussion was held regarding affordable and lower income housing, mobile homes, manufactured homes, mixed-use planned unit developments (PUD), and traffic levels on AIA. LOCAL PLANNING AGENCY MEETING MINUTES FEBRUARY 28, 1996 PAGE 2 The Board members discovered, during discussion, that the existing city code did not include a definition of mobile homes. The Board members reviewed Section 110-275, Prohibited Uses and Structures of the Cape Canaveral Code of Ordinances. After discussion, the Board concluded to have further discussion regarding establishing a definition of mobile homes at the next meeting. An ensuing discussion was held regarding residential and mixed-use PUDs and Policy H-11.2 of the Comprehensive Plan. After discussion, the Board members agreed to remove this policy. The Board members continued their review of the proposed changes to this chapter. 2. Discussion & Motion Re: Rules of Procedure: Ms. Chapman briefly pointed-out the amended changes to the rules of procedure. Motion by Mr. Berger, seconded by Mr. Fredrickson to adopt the amended Rules of Procedure as submitted. Motion carried unanimously. DISCUSSION - CONTINUED: Discussion was held regarding minimum townhouse lot widths. Mr. Berger advised that the logic for the City increasing the minimum lot width requirement on townhouse lots to 20 feet was to eliminate parking on the roadways. Discussion continued. Mr. Peetz announced that the Department of Community Affairs (DCA) held a meeting on February 28, 1996 regarding the Evaluation Appraisal Report. DCA had announced that Delray Beach did a great job on their report. Mr. Peetz advised that he would attempt to obtain a copy of the report and would forward a copy to the Board members. There being no further business the meeting was adjourned at 9:25 P.M. Beatrice McNeely, Chairman Susan Chapman, Sec�taryy�� CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING FEBRUARY 28, 1996 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on February 28, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairman Arthur Berger Vice Chairman Donald Bergen John Fredrickson Lamar Russell Joe Elliott Alternate MEMBERS ABSENT James Lewis Alternate OTHERS PRESENT Leo Nicholas Council Member Kohn Bennett City Attorney Greg Mullins City Staff Susan Chapman Secretary NEW BUSINESS 1. Fence Exemption Request No 96-03 to Allow 6 ft. High Fence along Orange Avenue 266 Polk Avenue Lots 15 & 16, Block 42, Avon by the Sea Subdivision - Petitioner was David A. Franklin. The Board members reviewed the submitted application. It was noted that the petitioner was not present at the meeting. Discussion was held regarding the adjacent property being previously granted a fence exemption. Mr. Nicholas advised that the adjacent property had been granted a fence exemption due to the fact that a swimming pool existed on the property which had been determined to be a definable hazard by the Board. PLANNING AND ZONING BOARD MEETING MINUTES FEBRUARY 28, 1996 PAGE 2 The Board members reviewed the petitioner's reasons for requesting the fence exemption. The application explained that the fence was necessary for safety and security of his children and for privacy. The Board members reviewed Section 110-470 (3), Fences, Walls and Hedges of the Cape Canaveral Code of Ordinances. The Board members requested that the Secretary place this section of the code on the next agenda for possible recommendation to amend the existing height restriction. Motion by Mr. Berger, seconded by Mr. Russell to approve Fence Exemption Request No. 96-03 to construct a 6 ft. high fence for the safety and security of the petitioner's children. Motion carried by majority vote as follows: Mr. Bergen, against; Mr. Berger, for; Mr. Fredrickson, for; Ms. McNeely, against; Mr. Russell, for. There being no further business, the meeting was adjourned at 7:55 P.M. Approved this 1day of t 1996. 7 Beatrice McNeely, Vice Chairman ,rn cj�a �2 IAC( Susan L. Chapman, Secretary •�R CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MARCH 13, 1996 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on March 13, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairman Arthur Berger Vice Chairman Donald Bergen John Fredrickson James Lewis 1st Alternate Joe Elliott 2nd Alternate MEMBERS ABSENT Lamar Russell OTHERS PRESENT John Porter Mayor Buzz Petsos Council Member Leo Nicholas Council Member Nancy Hanson Recreation Director Mary Russell Code Enforcement Board Chairperson Kohn Bennett City Attorney Roy Cowell City Engineer Greg Mullins City Staff Susan Chapman Secretary APPROVAL OF MINUTES: Motion by Mr. Berger, seconded by Mr. Bergen to approve the meeting minutes of February 14, 1996 as submitted. Motion carried unanimously. Motion by Mr. Berger, seconded by Mr. Bergen to approve the meeting minutes of February 28, 1996 as submitted. Motion carried unanimously. PLANNING AND ZONING BOARD MEETING MINUTES MARCH 13, 1996 PAGE 2 NEW BUSINESS Ms. McNeely announced that since the petitioner of agenda item 1 was not present at this time, she would entertain a motion to change the order of the agenda. Motion by Mr. Berger, seconded by Mr. Lewis to change agenda item 4 to item 1 at this time. Motion carried unanimously. 1 . Special Exception Request No. 96-05 to Allow a Manufactured Building to be Located at the Canaveral City Park (355 Monroe Avenue) - Petitioner was Nancy Hanson, Recreation Director. Mrs. Hanson, Recreation Director advised that McDonnell Douglas,through the efforts of Councilman Petsos, had donated a double-wide manufactured building that the City wished to utilize as a youth center at Canaveral City Park. The Board members reviewed photographs of the manufactured building. She explained that this special exception would expand the existing special exception use within the R-2 zoning district. Mayor Porter made the suggestion that the building could also be used as a police sub-station. Mrs. Hanson advised that there was adequate parking, no sewer facilities would be added, electrical service would be upgraded, the use would be compatible with surrounding uses, any signs would be attached to the building, and the City would be upgrading the landscaping. She added that the hours of operation would be Monday thru Friday, 3:30 P.M. - 6:30 P.M. and Saturdays, 10:00 A.M. - 4:00 P.M. and the building would be opened to teens only on Friday and Saturday evenings from 6:30 P.M. - 9:30 P.M. Discussion continued. Motion by Mr. Berger, seconded by Mr. Lewis to recommend granting Special Exception Request No. 96-05 with the condition that if the park use is terminated, then the special exception shall expire. Motion carried unanimously. Motion by Mr. Berger, seconded by Mr. Lewis to change agenda item 3 to item 2 at this time. Motion carried unanimously. 2. Discussion Re: Deleting Section 110-171 (2)(A), Seating Requirements for Restaurants Serving Alcoholic Beverages - Suggested by Roy Cowell, Stottler Starmer & Associates. PLANNING AND ZONING BOARD MEETING MINUTES MARCH 13, 1996 PAGE 3 Mr. Cowell advised that he was asked by City staff to review Section 110-171 regarding the seating requirement for restaurants serving alcoholic beverages. He further advised that no other City within Brevard County imposed a seating requirement for restuarants serving beer and wine. He further advised that all had a requirement that food sales must be over 50% of total sales. Mr. Bennett advised that the City code had a seating requirement of 50 seats and small businesses had a problem meeting that requirement due to size of their establishments and parking spaces. Councilman Nicholas explained that the City imposed a distance requirement of 2,000 feet from any other establishment serving alcoholic beverages and the 50 seat requirement exempted the distance requirement. He further explained that the requirement precluded the City from having beer and wine establishments on every street corner and at the time the ordinance was adopted, the 50 seat requirement was adequate. He suggested that the Board consider how many beer and wine establishments the City desired, did the City need to impose a minimum seating requirement, and what would be best for the City overall. Mona from Mona's Restaurant advised that she owned a restaurant, not a bar. She had no intentions of making her establishment a bar. Her customers enjoyed the quint atmosphere and some of her customers wished to have beer or wine with their dinner. She advised that the seating requirement was causing a hardship to her business and she was losing customers. Mona submitted a petition from 300 of her customers for the Board members review. Mr. Berger advised that Mona's was a well established and nice restaurant. He voiced his opinion that the City should prosper, grow and be pro-active. He suggested that the Board review the seating requirement since the City of Cape Canaveral was the only City in Brevard County that imposed the requirement. Mr. Hernandez, representative for Mona's Restaurant reiterated that Mona's was a small restaurant which was being penalized due to the seating requirement. He suggested that the City consider the quality of establishments and voiced his opinion that the limited seating requirement was arbitrary. Mr. Bergen voiced his opinion that the City looked good and the City did not want a bar on every street corner like other cities. He suggested that since the ordinance had been adequate in the past, the City should leave it the way it was currently written. Mr. Lewis agreed. Mr. Elliott voiced his opinion that he did not see the need for the 50 seat requirement. Discussion continued. PLANNING AND ZONING BOARD MEETING MINUTES MARCH 13, 1996 PAGE 4 Chairman McNeely took a vote by consensus of the Board members. Mr. Fredrickson, Mr. Bergen and Mr. Lewis concluded to leave the ordinance as it was. Mr. Berger disagreed. 3. Variance Request No 96-04 to Allow Existing Sign to Remain "as is" at the Radisson Resort at the Port 8701 Astronaut Boulevard - Petitioner was James W. Peeples, Ill. Mr. Peeples explained that the resort was originally constructed as a Hilton in 1967, Stottler Starmer and Associates had performed all the engineering work, the Radisson purchased the property from Shuford Mills in 1993, the parcel was a total of ten acres, the property was unique and odd-shaped, possessed one of the largest auditoriums in Brevard County which could seat 1,000 people for dinner, and the resort was the only hotel in Cape Canaveral. He advised that the owners were very proud of their accomplishments. He explained that the sign was originally built in 1967 and in 1993, a permit was obtained to repair the sign. That permit was finaled by the building department in 1995. He further advised that it would cost $25,000 to modify the sign. He explained that this was the only sign the Radisson Corporation had allowed to be a different color than their corporate colors which were purple and brown and if the existing sign was modified or removed to meet City code, the Radisson Corporation would not allow the owners to install a sign that matched the building. Mr. Peeples voiced his opinion that the Radisson was the front door to the City, it was an attractive feature, successful, upscale and an asset to the City. Mr. Peeples advised that the structure had been non-conforming when they purchased the property. Discussion was held regarding the permit that was issued by the building department for the repair of the sign in 1993, finaled in 1995, and the conditions placed on that permit. Mr. Peeples admitted that he was aware of the sign code requirements when the permit was issued. Discussion continued. Motion by Mr. Lewis, seconded by Mr. Bergen, to recommend disapproval of Variance Request No. 96-04 because the applicant did not meet the requirements. Discussion followed. Vote on the motion was as follows: Ms. McNeely, for; Mr. Bergen, for; Mr. Berger, abstained due to a conflict of interest; Mr. Fredrickson, for; Mr. Lewis, for. Councilman Petsos advised that approximately three years ago, the former Mayor and City Council had recommended the Board review the sign ordinance. He submitted photographs of different signs used by the McDonalds Corporation. Mr. Petsos suggested that the City write a letter to Radisson Corporate headquarters to recommend that the new sign be consistent with the color of the buildings. PLANNING AND ZONING BOARD MEETING MINUTES MARCH 13, 1996 PAGE 5 Mrs. Russell, Chairman of the Code Enforcement Board advised that the Code Enforcement Board continuously struggled with enforcing the existing sign code and recommended that the code be revisited. Mr. Mullins advised that the building department had recently received a memorandum from the City Manager advising that City Council had recently discussed concerns about the sign ordinance. Council had decided not to amend the ordinance and instructed staff to continue enforcing the code as written. Chairman McNeely suggested that City Council and the Code Enforcement Board make specific recommendations,in writing, for consideration by the Planning &Zoning Board for future discussion. 4. Discussion Re: Amending Section 110-470 (a)(1) to increase fence height to six feet if within 25 feet of any yard abutting any public right-of-way thereby, deleting requirement of Sub-section (a)(3). Mr. Nicholas voiced his opinion that he totally disagreed with the Board's decision to grant the fence exemption at the last meeting. Attorney Bennett advised that the intent of this code section was a way for an applicant to be allowed to install a 6 ft. high fence if an applicant could prove that a hazard existed. Discussion was held regarding definable hazards. After discussion, it was the consensus of the Board members not to amend this section of the City code. There being no further business, the meeting was adjourned at 9:55 P.M. Approved this ZIT4 h day of M cl-r oh 1996. C C )�Z7� � //-2Beatrice McNeely, Vice Chairman �,� I 10t LL--) -) Susan L. Chapman, Se retary FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL9 AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Berse-c Ar4N-Nuc Pfc nnin­,t ZcDntne1 MAILING ADDRESS x p THE BOARD,COUNCIL,COMMISSION,AUTHORrIY OR COMMTrrEE ON �Z-( A�c.mSV�YIU� u�_�V�r� W,iHICHISERVEISAUNITOF: CITY COUNTYQ CITY ❑ � COUNTY ❑ INRLOCAL AGENCY NAME OF POLITICAL SUBDIVISION: a L 13 CC,_VV_ CcLr\ CLU f-aC01l DATE ON WHICH VOTE OCCURRED MY POSITION IS: / O ELECTIVE Cif APPOINTIVE WHO MUST FILE FORM 813 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 voting on 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 or her 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 or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she 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 are 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 corpo- ration are 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 are 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. .F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You 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 fnrm m„ct.he rearl n„hlicly at the nett meetinv after the form is filed_ 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 of 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 I,_AYAhu her,'I er hereby disclose that on _ MCiYC k 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, —Aedilp" Cn t-on6 f s 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: � Gl CU-) 8 Date Filed ignatu45 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED 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-REV. 1/94 PAGE 2 CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES MARCH 27, 1996 A Regular Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on March 27, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairman NcNeely called the meeting to order at 7:30 P.M. The Secretary called the roll. MEMBERS PRESENT: Beatrice McNeely Chairman James Lewis, Jr. Leo Nicholas Rocky Randels Lamar Russell MEMBERS ABSENT: Donald Bergen Art Berger Joe Elliott John Fredrickson OTHERS PRESENT John Porter Mayor G.J. Moran Building Official Roy Cowell City Engineer Susan Stills Deputy City Clerk APPROVAL OF MINUTES: Motion by Mr. Nicholas, seconded by Mr. Lewis to approve the meeting minutes of March 13, 1995 as presented. Motion carried unanimously. DISCUSSION: 1 . Proposed Changes to Chapter 9, Land Use Element. Ms. McNeely opened discussion with proposed changes to chapter nine, the Land Use •Element, of the Comprehensive Plan. Mr. Peetz began a section-by-section review of the Land Use Element. No changes to LU-1 .1 through 1 .4. Mr. Peetz reviewed LU- 2.1 . Mr. Randels was concerned with inserting the Redevelopment Plan in the Comprehensive Plan. Mr. Russell questioned the Redevelopment Plan as an obligatory Local Planning Agency Minutes March 27, 1996 Page 2 action document. Mr. Peetz explained that the Redevelopment Plan included the two aspects of quality of life and commercial development. He further explained that the Redevelopment Plan provided a time line for completion which did not include funding. Mr. Randels emphasized that the Redevelopment Plan should be more effective to complete its outlined future projects. Mr. Porter commented that including future projects in the Comprehensive Plan was advantageous when applying for grant funds by showing the city's foresight. Mr. Nicholas stated that the criteria for the Redevelopment Plan should not be included in the Comprehensive Plan. Mr. Russell suggested that the Comprehensive Plan give reference to the Redevelopment Plan and the Redevelopment Plan outline specifics. Mr. Peetz stated that the Redevelopment Plan was an evolving document whereas the Comprehensive Plan required greater effort for to change. Mr. Peetz reviewed LU-3. Mr. Randels commented that changes were allowed through the use of special exceptions. Discussion followed on the special exception process and the criteria needed to obtain an exception. Mr. Nicholas stated that since the discussion involved the land use element, he was concerned with theme parks and large tourist attractions. He stated that there were no codes to preclude this construction. The board may wish to address this through the Comprehensive Plan or zoning ordinances. Discussion followed on the need to set criteria for commercial construction and land use precluding future development in the city. Mr. Peetz continued review at LU-3.2 which had no changes. He stated that LU-3.3 was changed to read "Townhouse/Apartments" in the R-2 and R-3 categories. Mr. Randels questioned the definition of townhomes as a single family dwelling. Mr. Russell stated that townhomes were defined by a zero lot line which could not be constructed in an R-1 zone although townhomes are single-family residential dwellings. Mr. Lewis clarified R-1 zoning as disjunct single-family dwellings. Mr. Peetz continued review with LU-4.1 and noted that "wetlands" was included as an environmentally sensitive protected land. No changes in LU-4.2 or 4.3. No changes in LU-5.1 and 6.1 . Mr. Nicholas commented that the City required the developer to provide the water and sewer hook up in areas where infrastructure was .not available. Mr. Peetz stated that LU-6.2 was changed to read "the City shall encourage projects which are adjacent to existing public infrastructure." Local Planning Agency Minutes March 27, 1996 Page 3 No changes in LU-7.1 . Mr. Peetz stated that no changes were made to LU-7.2 although at first review this section was recommended to be omitted. Mr. Peetz noted under LU-8.1 that Planned Unit Development (PUD) had a mixed use definition in Section 2. Mr. Lewis questioned the consequence of omitting the mixed use PUD definition from the Comprehensive Plan. Mr. Russell stated that within legal jurisdiction, the Comprehensive Plan was reviewed as the guideline for development. Discussion followed on the criteria needed to manage PUD's, concurrency issues regarding PUD's and changing trends in land use. Mr. Lewis stated that future development may provide the impact fees to support infrastructure. Mr. Russell read PD 110-52 under Paragraph 3, "Recommendations" from the City code. He suggested that the board initiate a review process such as the one outlined in the code to address businesses of substantial impact. He stated that the Residential PUD - ordinance provided a point of reference for the mixed use PUD. 2. Delray Beach Coastal Management Element Mr. Peetz reviewed the Evaluation and Appraisal Report (E.A.R.) from Delray as a comparison to the format expected from the Department of Community Affairs (DCA). He commented that within the City's E.A.R., the format would differ from Delray's in that the objectives would be reviewed and the policies provided as an attachment. He stated the DCA format as follows: Objectives, conditions in 1988, conditions in 1996, status and achievements. He noted that a general description was acceptable for each element and he described the E.A.R. as an audit of the Comprehensive Plan. Discussion concluded with review of the existing Land Use Map. Mr. Peetz stated that the County Property Appraisers office provided a map, however the map combined vacant and existing residential. He also noted two discrepancies, 1) the map combined single and multi-family residential, and 2) any key property would describe the entire parcel. Mr. Peetz stated that he would use the former land use map and aerials to design the new land use map. Mr. Randels questioned if the key property was used for taxing purposes. Mr. Peetz explained that the Property Appraiser taxed the entire parcel on the portion which provided the highest and best use. He further explained that if a person had residential property in a commercial area, the tax rate would be higher. .Mr. Lewis reemphasized the need to encourage future business growth with an established process and criteria that provides impact funds yet supports doing business in the city. Local Planning Agency Minutes March 27, 1996 Page 4 Motion by Mr. Lewis, seconded by Mr. Randels to adjourn at 10:15 P.M. Beatrice McNeely, hairman Susan Stills, Deputy City Clerk CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MARCH 27, 1996 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on March 27, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order 7:30 p.m., Chairman NcNeely. The Secretary called the roll. MEMBERS PRESENT: Beatrice McNeely Chairman Donald Bergen James Lewis, Jr. 1 st Alternate Lamar Russell MEMBERS ABSENT: Art Berger John Fredrickson Joe Elliott 2nd Alternate OTHERS PRESENT John Porter Mayor Leo Nicholas City Council Member Kohn Bennett City Attorney G.J. Moran Building Official Roy Cowell City Engineer Susan Stills Deputy City Clerk 1 APPROVAL OF MINUTES: ` Motion by Mr. Lewis, seconded by Mr. Bergen to approve the meeting minutes of March 13, 1995 as presented. Motion carried unanimously. NEW BUSINESS: 1 . Preliminary Re-Plat approval, Sea Era Segundo, Lots 1-6, (Replat of Lots 8, 9, 10 & West 1/2 of Vacated Alleyway), Block 40, Avon-by-the-Sea - Applicant is Suzanne Conry Reed, Owner. Mr. Walter Pandish was present on Ms. Reed's behalf. Ms. McNeely asked Mr. Pandish for background on the request. Mr. Pandish explained that Ms. Reed was not aware that the preliminary replat approval was effective for only 6 (six) months. Since no changes were made in the plat, he requested that it be recommended for approval. Planning & Zoning Board Minutes March 27, 1996 Page 2 Whitey Moran, Building Official, gave the Building Department's recommendation for approval. Motion by Mr. Russell, seconded by Mr. Lewis to approve the preliminary replat of Sea Era Segundo. Motion carried unanimously. Ms. McNeely asked Mr. Garganese, City Attorney, if the item on the Local Planning Agency agenda regarding mobile homes be placed on the Planning & Zoning agenda to accommodate any legal questions. Motion by Mr. Russell, seconded by Ms. McNeely to add the discussion regarding establishing the definition of "mobile homes" to the Planning and Zoning agenda. Ms. NcNeely reviewed the "mobile homes" definition from the state statutes, as well as, the definition between a mobile and manufactured home given by the Housing and Urban Development office sent through the Brevard County Building Department. Mr. Russell noted that the Planning and Zoning definitions did not provide a definition for a mobile home. Ms. McNeely stated that the Recreation Department's new structure enacted a need for a definition. Mr. Moran also cited Sections 5-13, 3-20 and 5-53 of the state statutes which provided mobile home definitions. Mr. Russell requested the need for an encompassing mobile home definition. Mr. Russell read Section 110-33 which provided a definition for mobile home parks, but not mobile homes. Ms. McNeely asked if the state's mobile home definition superceded the city's definition. Mr. Garganese explained that it depended on the manner in which the definition was used. If it was used to clarify and interpret the code, the city's definition would prevail. If the state statute defines mobile home and has jurisdiction over the city, then the state's definition would prevail. Ms. McNeely further clarified that the board needed a definition which best described the structure. Mr. Garganese was instructed to draft said definition for mobile homes. Ms. McNeely placed the mobile home definition on the next Planning and Zoning Agenda. Motion by Mr. Russell, seconded by Mr. Lewis to adjourn at 7:50 P.M. "3 //,-zzEiK(-� L-6G eatric-McNeely, Chairman 77 Susan Stills, Deputy City Clerk CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING APRIL 10, 1996 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on April 10, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairman Arthur Berger Vice Chairman Lamar Russell Donald Bergen John Fredrickson James Lewis 1 st Alternate Joe Elliott 2nd Alternate OTHERS PRESENT Burt Bruns Council Member Leo Nicholas Council .Member Kohn Bennett City Attorney Roy Cowell City Engineer G. J. Moran Building Official Susan Chapman Secretary NEW BUSINESS 1. Recommendation Re: Special Exception Request No 96-06 to Allow Jetty Park to Augment Facilities in the R-3 Zoning District as per Section 110-314 of the Cape Canaveral Code of Ordinances Parcel 47 & North half of Gov't Lot 1 Section 14, Township 24 South Range 37 East - Petitioner was The Canaveral Port Authority - Larry Shaw BRPH Representative Mr. Larry Shaw, BRPH Architects-Engineers, Inc., advised that the Canaveral Port Authority was requesting a special exception in order to augment the facilities of Jetty Park. He explained that it was the Canaveral Port Authority's desire to completely rebuild Jetty Park for the benefit of Brevard County residents, residents of Cape Canaveral, and the local tourist industry; in order to maximize land use for the park, the Canaveral Port Authority was leasing the referenced tract of land (9.76 acre parcel) from Brevard County. — PLANNING AND ZONING BOARD MEETING MINUTES APRIL 10, 1996 PAGE 2 Mr. Shaw advised that the subject parcel was proposed to contain a minimal number of campsites, parking, an access road, a storm water retention lake, and a small maintenance and storage facility; the boundaries of the site would contain wide areas of natural landscaping to provide buffers for adjacent properties,and the maintenance area would be concealed with screening and/or additional landscaping. He further advised that the majority of pedestrian and vehicular traffic would be maintained through the Port Canaveral road system, which would soon receive upgrades from State Road 528 to the Jetty Park entrance. The Board members viewed a map of the subject property. Mr. Jack Glading, consultant, gave an overview of the proposed development. The Board members reviewed the contents of the submitted special exception application. Discussion followed. Motion by Mr. Russell, seconded Mr. Bergen to recommend approval of Special Exception Request No. 96-06. Motion carried as follows: Ms. McNeely, for; Mr. Bergen, for; Mr. Berger, abstained due to a potential conflicting interest; Mr. Fredrickson, for; Mr. Russell, for. DISCUSSION 1. Discussion and Recommendation Re: Amending_Section 110-334 to Allow Clubs. Lodges, and Personal Service Establishments in the M-1 Zoning District by Special Exception. Mr. Robert Beals, attorney representing Tech. Vest, requested that the City consider broadening permissible special exceptions in M-1 Zoning districts. He advised that his client's (Tech. Vest) building, located in the M-1 Zoning district, had very low ceilings which created limited usage. Tech. Vest had proposed low-impact uses such as a bingo establishment which would promote proceeds to a local charity and provide recreation to citizens, and a tanning salon. He added that tenants would bring jobs and activities to the City. The Board members reviewed Section 110-332, Principal Uses and Structures in the C-1 Zoning district of the Cape Canaveral Code of Ordinances. Discussion was held regarding clubs, lodges, and personal service establishments being compatible with existing allowable uses within the M-1 Zoning district. Mr. Russell pointed-out that the C-1 Zoning district was designed for low- impact commercial uses and the M-1 Zoning district was designed for light manufacturing uses. The Board members reviewed existing M-1 allowable uses and safety concerns. PLANNING AND ZONING BOARD MEETING MINUTES APRIL 10, 1996 PAGE 3 After discussion, the Board concluded to suggest that the property owner consider rezoning the property frontage along A1A to C-1 and that this item be scheduled for further discussion at the next Local Planning Agency Board meeting. 2. Discussion and Recommendation Re: Street Lighting for New Developments. Discussion was held regarding requiring street lighting in new developments. The Board considered incorporating the requirement into the Subdivision of Land Regulations, require street lighting to meet FPL minimum standards on any proposed dedicated street. The Board concluded to agenda this item for further discussion at the first Board meeting in May. There being no further business, the meetingwasadjourned at 9:42 P.M. Approved this 2,9 4:b day of 1996. Beatrice McNeely, Chairman Susan L. Chapman, Secr tare CAPE CANAVERAL PLANNING &ZONING BOARD REGULAR MEETING MAY 22, 1996 A Regular Meeting of the Planning &Zoning Board of the City of Cape Canaveral, Florida, was held on May 22, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Arthur Berger Vice Chairperson Donald Bergen John Fredrickson Joe Elliott 2nd Alternate MEMBERS ABSENT Lamar Russell James Lewis 1 st Alternate OTHERS PRESENT Leo Nicholas Council Member Rocky Randels Council Member Leonard Folcarelli Commercial Development Board Kohn Bennett City Attorney Susan Stills Deputy City Clerk PRESENTATION 1. Presentation by Leonard Folcorelli Chairman Commercial Develoament Board Re: Amending Section 110-171 Establishments Serving Alcoholic Beverages Mr. Folcarelli, Chairman, Commercial Development Board advised that the Board had developed a Redevelopment Plan and this plan's goal was to attract and develop business. Mr. Folcarelli stated that a need for change to the present ordinance was necessary to include beer and wine which would complement the food served. He stated that restaurants with an alcoholic beverage license paid less than bars/cocktail lounges in impact fees which fee scale encourage the latter. PLANNING &ZONING BOARD MEETING MINUTES MAY 22, 1996 PAGE 2 Mr. Berger responded that Mr. Folcarelli was commissioned at the joint Board of Adjustment/Planning & Zoning meeting on May 16th to open enumeration for business categories in the zoning ordinances. Mr. Berber noted that established restaurants, such as Zachary's, could apply for and obtain an alcoholic beverage license. The question was, did the board want to encourage smaller establishments to offer this type of service. Mr. Folcarelli stated that he would like the Planning & Zoning Board to reconsider the issue. Ms. McNeely asked if he specifically wanted the 50-seat minimum removed. Mr. Folcarelli stated that the 50 seat requirement called for a larger building. Mr. Bennett commented that the state law prevailed in CRX licensing. The Board could entertain if the 50-seat capacity was necessary. Mr. Bergen asked if there was a 2,000 ft. distance requirement. Mr. Bennett explained that the distance requirements was criteria for an exception. Mr. Berger commented that the Board would need to discuss changing the seating capacity not the established distance requirement. Mr. Bennett further explained that the points were, small restaurants with 50 percent sales in food and if the Board wanted to keep the 50-seat minimum. Mr. Nicholas voiced his concern that the issue specifically addressed one restaurant which may or may not benefit from such an exception. Mr. Folcarelli explained that the restaurant in questions had encouraged aesthetically pleasing commercial development in the City. He said that if the restaurant were permitted to serve beer or wine that this may prove viable for continued business. Ms. Mary King, Cape Shores resident, said that the current regulations seemed to be adverse to small restaurants. Dr. Fredrickson asked if location was an issue. Mr. Bennett said that it was since the restaurant in questions was within 2,000 feet of another establishment that served alcohol. Mr. Nicholas provided history for the existing alcoholic beverage ordinance. He explained that the current ordinance set the parameters of time of operation, location, and service requirements were set to decrease the number of bars operating within a short distance. Ms. Garbriella Cahaley, Commercial Development Board, stated that the issue came to that Board because of Mona's Restaurant. However, small businesses needed encouragement such as a specialty restaurant and the ordinances needed to be addressed. Mr. Folcarelli asked if perhaps the "meaning" of restaurant needed enumeration, for example, a full-service restaurant. Ms. McNeely suggested that Mr. Folcarelli work with the City Attorney on verbiage in the form of an ordinance. PLANNING &ZONING BOARD MEETING MINUTES MAY 22, 1996 PAGE 3 Dr. Fredrickson asked for background on other restaurants in the City that could apply for an alcohol beverage license. Mr. Nicholas commented that some establishments were grandfathered-in and the new places would fall under the present code. Mr. Ken Marvin, resident, asked if the number of establishments should matter. Ms. McNeely asked how would the Board analyze if the 50 percent income in service is in compliance with the exception. Mr. Bennett stated that the ordinance established the criteria to meet the prevailing 50 percent income requirement. The Board's consensus was to have the City Attorney draft an ordinance for the next meeting. NEW BUSINESS: 1. Motion for Recommendation to City Council Re: Amending Section 110-354, Special Exceptions Permissible by the Board of Adjustment of the Cape Canaveral Code of Ordinances, by the Addition of New Clauses to Allow Clubs, Lodges, and Personal Service Establishments in the M-1 Zoning District be Special Exception. Dr. Fredrickson questioned why this issue was dormant for two weeks not addressed by Council. Mr. Bennett stated that the issue could have gone forward to Council with a failure to recommend. Mr. Berger asked the Council members present to respond. Mr. Bruns responded that Council could comply with a recommendation however, no recommendation was made. Mr. Randels responded that it was Council's understanding that if an advisory Board, such as Planning & Zoning, would recommend an issue, they would discuss it. Council did not wish to bypass Planning &Zoning and chose to act on a recommendation and not a failure to recommend. City Attorney Bennett commented that to discuss an issue procedurally was judicious. Chairperson McNeely asked that the language in Section (15) be more specific. She voiced concerns with language such as "like activities" and "similar uses". Mr. Berger stated he owned property in an M-1 Zoning district and inquired if this were a conflict of interest for him. City Attorney Bennett replied no. Mr. Bergen voiced his opinion that special exceptions were spot zoning. Mr. Elliott advised that operators were required licensing through the Board of Cosmetology. Mr. Berger added also the Department of Professional Regulation. Chairperson McNeely questioned if tattoo parlors could be included in "similar use" category. PLANNING &ZONING BOARD MEETING MINUTES MAY 22, 1996 PAGE 4 Mr. Larry Weber addressed the Board. he advised that the issue came about in order for him to open a bingo establishment to raise money for charity. This would also provide business development for the City. He explained that he operated an establishment in Rockledge and commented that Cape Canaveral residents may benefit from having bingo as a form of inexpensive entertainment. He noted that the bingo establishment provided its own security. Mr. Berger suggested allowing verbiage in Section (15) to remain and to omit "similar uses" in Section (16). Mr. Nicholas asked why clubs, lodges, etc. were included in the verbiage. City Attorney Bennett explained that the memo from staff included this verbiage. Mr. Bennett also recommended that "personal services" be more inclusive if"similar uses" were omitted. The Board's consensus was to have the City Attorney make necessary changes to the ordinance. There being no further business,the meeting was adjourned at 9:20 P.M. Approved this 12-th day of C) , 1996. Beatrice McNeely, Chairman Susan Chapman, S cretary CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JUNE 12, 1996 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on June 12, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairman Donald Bergen Arthur Berger John Fredrickson Lamar Russell (late) Joe Elliott 2nd Alternate MEMBERS ABSENT James Lewis 1st Alternate OTHERS PRESENT Leo Nicholas Council Member Rocky Randels Council Member Burt Bruns Council Member G. J. Moran Building Official Kohn Bennett City Attorney Susan Chapman Secretary Approval of Minutes: Motion by Mr. Berger, seconded by Mr. Bergen to approve the meeting minutes of May 22, 1996 as presented. Motion carried unanimously. NEW BUSINESS 1. Recommendation to City Council Re: Amending Section 110-354 to Allow Clubs, Lodges, and Personal Service Establishments in the M-1 Zoning District by Special Exception. - r PLANNING AND ZONING BOARD MEETING MINUTES JUNE 12, 1996 PAGE 2 The Board members reviewed the submitted draft prepared by City Attorney Bennett to allow clubs, lodges and personal service estabishments in the M-1 Zoning district by special exception. Attorney Bennett explained and clarified the proposed changes. Discussion followed and changes were made to the proposed amendment. Motion by Mr. Berger, seconded by Mr. Bergen to recommend that City Council amend Section 110-254 to allow clubs, lodges and personal services establishments with the incorporated changes as discussed. Motion carried unanimously. 2. Recommendation to City Council Re: Amending Section 110-171 (A)(2) _ Establishments Serving Alcoholic Beverages City Attorney Bennett briefed the Board members on proposed changes that had been suggested by City Manager Boucher regarding seating requirements for restuarants serving beer and wine. An ensuing discussion was held regarding the possibility of either reducing or eliminating the existing minimum seating requirement. Mr. Fredrickson voiced his opinion that the 50 seat requirement should be reduced to 35 seats, not eliminated entirely. Discussion followed regarding justifying the required minimum number of seats. Mr. Russell entered the meeting at this time. Mr. Folcorelli, Chairman of the Commercial Development Board, read an insert from the Santa Monica. Municipal Codes regarding their seating requirments. He encouraged residential and commercial mixed uses, suggested targeting small scale resturants and desired to create a walkable community.* He strongly suggested that the seating requirement be deleted in its entirety. Councilman Randels recommeded the proposed change to eliminate the seating _requirement. He voiced the opinion that population of the City did not support large scale resturants. Changes to the proposed draft were made based on the Board's discussion. PLANNING AND ZONING BOARD MEETING MINUTES JUNE 12, 1996 PAGE 3 Motion by Mr. Russell, seconded by Mr. Berger to recommend that City Council amend Section 110-171 (A) (2) to eliminate the seating requirement and incorporate changes to the presented draft as discussed. There being no further business, the meeting was adjourned at 9:15 P.M. Approved this day of , 1996. CIZ eatrice McNeely, Chairperso Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES JUNE 12, 1996 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on June 12, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 9:20 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Arthur Berger Vice Chairperson Donald Bergen John Fredrickson Lamar Russell Leo Nicholas Delegate-at-Large Rocky Randels Delegate-at-Large MEMBERS ABSENT Joe Elliott Jamts Lewis OTHERS PRESENT Todd Peetz Brevard County Planner Susan Chapman Secretary NEW BUSINESS 1. Discussion and Recommendation to the Planning & Zoning Board Re: Zoning Request to Rezone Parcel 267 (8901 North Atlantic Avenue) from R-2 to M-1 - Petitioner was Kelly Zarvas. (Formally the old Post Office). Mr. Zarvas explained that the post office had occupied the building for 30 years and the contract would expire on July 1, 1996. Mr. Zarvas further explained that the 5,000 sq. ft. building existed prior to the adoption of the City's zoning map, the building was designed with parking and a loading dock, and was not conducive to residential use. He advised that C-1 uses were within 1,000 ft. of this property and a contract to purchase the property was pending. The owner of the property was requesting the property be 1 LOCAL PLANNING AGENCY MEETING MINUTES JUNE 12, 1996 PAGE rezoned from R-2 to M-1. Mr. Zarvas added that he had been contacted by potential tenants such as travel agencies, real estate offices and the American Legion to purchase/occupy the building. Mr. Moran explained that C-1 zoning would be considered spot-zoning. However, M-1 zoning would be contiguous to adjacent properties. Council member Nicholas advised that the City could amend the non-conforming Section of the City code to accommodate existing non-conforming uses and structures; specifically, the old post office, the old American Boom & Barrier building (8150 Astronaut Boulevard) and the old Elnido Night Club (in front of Palms East Apartments). Discussion was held regarding permissible uses in the M-1 and C-1 zoning districts. Mr. Moran offered to contact the City Attorney to draft an amendment to Section 110-191 regarding existing non-conforming uses. After discussion, the Board members agreed that the applicant should change his request to rezone the property to C-1 rather than M-1 since C-1 uses were more palatable than M-1 uses in that area of the City. Mr. Zarvas concurred. Motion by Mr. Nitholas, seconded by Mr. Berger to request that the applicant change the submitted application to rezone the property from R-2 to C-1 and that the application be forwarded to the Planning&Zoning Board for recommended approval to City Council. There being no further business for the Board to consider, the meeting was duly adjourned at 10:12 P.M. Beatrice McNeely, Chairman Susan Chapman, Secretary _ CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES JUNE 26, 1996 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on June 26, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:55 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Arthur Berger Vice Chairperson Donald Bergen James Lewis Leo Nicholas Delegate-at-Large Rocky Randels Delegate-at-Large MEMBERS ABSENT Joe Elliott John Fredrickson Lamar Russell OTHERS PRESENT Todd Peetz Brevard County Planner Susan Chapman Secretary PUBLIC HEARING: 1. Consideration to Propose an Amendment to the Future Land Use Element of the Comprehensive Plan to Include Public Schools as an Allowable Use and Maintain Compliance with Chapter 163.3177 (6)(a), Florida Statutes. Mr. Peetz, Brevard County Planner, advised that Chapter 9 of the City's Comprehensive Plan needed to be amended to allow for public schools to meet the requirements of Chapter 163.3177(6)(a), Florida Statutes. He explained that all comprehensive plans must allow public schools to be an allowable use no later than October 1, 1996. He added that the amendment was exempt from the twice per year limitation on amendments. LOCAL PLANNING AGENCY MEETING MINUTES JUNE 26, 1996 PAGE 2 The Board members reviewed a proposed amendment provided by Mr. Peetz. Discussion was held regarding the existing land use map. After discussion, the Board members concluded and agreed that public schools should be considered for locations within the following land use designations: R-2, R-3 and C-1 categories; colleges and public vocational schools should be considered in C-1 and M-1 categories. 2. Pre-Existing Uses. Discussion was held regarding the possibility of small scale land amendments for non- conforming pre-existing uses. The Board members reviewed the existing land use map. Discussion was also held regarding the possibility of continuing C-1 south along the main corridors and changing uses only allowed by special exceptions to allowable principle uses. Further discussion was held regarding changing some industrial properties to commercial and possibly allowing mixed-use occupancies. After discussion, the Board asked Mr. Peetz to research Brevard County's ordinances regarding non-conforming structures and provide the information at the next meeting. Due to the late hour, by consensus of the Board members, the remaining agenda items were postponed until the next meeting. The meeting was adjourned at 10:37 P.M. ' to ✓��—t°�� � � %' _� ,� ,: Beatrice McNeely, Chairman a,,n Susan Chapman,Secretary CAPE CANAVERAL PLANNING &ZONING BOARD REGULAR MEETING JUNE 26, 1996 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on June 26, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairman Donald Bergen Arthur Berger James Lewis 1st Alternate MEMBERS ABSENT Lamar Russell John Fredrickson Joe Elliott 2nd Alternate OTHERS PRESENT Leo Nicholas Council Member Rocky Randels Council Member G. J. Moran Building Official Anthony Garganese Assistant City Attorney Susan Chapman Secretary Approval of Minutes: Motion by Mr. Bergen, seconded by Mr. Berger to approve the meeting minutes of June 12, 1996 as presented. Motion carried unanimously. NEW BUSINESS 1. Final Re-Plat Approval for Cape Villas, Lots 1-6, (Replat of Lots 7. 8 & 9), Block 23, Avon by the Sea (415-425 Jackson Avenue) - Applicant was Norman Boucher, Owner. ' PLANNING AND ZONING BOARD y MEETING MINUTES JUNE 26, 1996 PAGE 2 The Board members reviewed the submitted final re-plat for Cape Villas. Mr. Boucher, property owner, advised that no changes had been made to the plat. Chairperson McNeely advised that the City engineer had recommended approval of the final re-plat. Motion by Mr. Lewis, seconded by Mr. Berger to recommend approval of the final re-plat for Cape Villas as presented. Motion carried unanimously. 2. Discussion & Recommendation to City Council Re: Zoning Request to Rezone Parcel 267 (8901 North Atlantic Avenue) from R-2 to C-1 - Petitioner was Kelly Zarvas - (Formally the Cape Canaveral Post Office). Mr. Zarvas advised that he was requesting the property be rezoned from R-2 to CA since the building existed prior to the adoption of the city's zoning map and the building could not feasibly be utilized for residential use. Discussion was held regarding the possibility of spot zoning, consistency with surrounding existing uses, M-1 zoning vs. C-1 zoning, conformity with the city's comprehensive plan, and existing non-conforming uses. After an ensuing discussion, the Board members agreed that permissible uses in the C-1 zoning district would be more consistent with surrounding existing uses than if the property was rezoned to M-1. Motion by Mr. Lewis, seconded by Mr. Berger to recommend to City Council that the property be rezoned from R-2 to C-1. Motion carried unanimously. NEW BUSINESS 1. Reconsideration of Recommendation to Amend Section 110-354 - Consideration to Allow Day Care Facilities in the M-1 Zoning District by Special Exception. (Agenda item requested by Vice Chairman Berger). Vice Chairman Berger advised that when the Board had recommended changes to the existing M-1 permissible uses by special exception, the Board had not considered allowing day care facilities in the M-1 zoning district by special exception, which in his opinion, would be an advantage to the City. Vice Chairman Berger introduced Mr. Bill Maze, General Manager of Call One. Mr. Maze explained that Call One manufactured and distributed headsets and his business, currently -located at the Port, which employed (85), was outgrowing the existing facility. Therefore, he was considering purchasing the vacant building located at 8810 Astronaut Boulevard. PLANNING AND ZONING BOARD r MEETING MINUTES JUNE 26, 1996 PAGE 3 Mr. Maze further explained that his company would occupy the 2nd floor of the building; with possibly a deli, retail, day care facility, and health care facility on the 1st floor. He added that the day care facility would be provided not only to his emplpyees families, but also to the general public. Discussion followed. Motion by Mr. Berger, seconded by Mr. Bergen to recommend that day care facilities be added to item (16) of the draft previously recommended to City Council for approval regarding M-1 uses permissible by special exception. Motion carried unanimously. 2. Reconsideration of Fence Exemption Request No. 96-03 Issued to David & Delancy Franklin, 266 Polk Avenue. (Approved by Planning & Zoning Board on 2/28/96). Chairperson McNeely recapped a portion of the minutes of February 28, 1996 when the Board had approved Fence.Exemption Request No. 96-03. She questioned if the applicant's circumstances had changed since the granting of the request. Acting City Attorney Garganese explained the format procedures for the Board to follow. He advised that in order to rescind the previous motion, the new motion would need to be based on substantial evidence and need a 2/3 vote. Mr. Moran, Building Official and Mr. Franklin, Petitioner were sworn in by Assistant City Attorney Gargenese. Mr. Moran testified that he had received several inquiries regarding the fence exemption. He had been instructed by City Manager Boucher to bring this issue to the board for reconsideration. He explained that on February 28, 1996, the Planning & Zoning Board granted a fence exemption at 266 Polk Avenue based on facts stated on the submitted application which stated "it is necessary for the safety of my children and possessions to keep strangers out of the backyard . . ." Mr. Moran advised that the applicant had never lived at the residence and added that the property was listed "for sale". Mr. Moran clarified for the Board members that the Certificate of Occupancy had been issued and paid for on March 5, 1996. Mr. Moran further testified that Mr. Franklin, in a telephone conversation on this meeting date, stated that employment issues dictated his decision to not reside at the location, and further, that at the time of application for the fence exemption, the --reasons stated on his application were applicable. Mr. Moran voiced his opinion, that the reasons stated on the application were no longer valid and therefore, the fence exemption should be rescinded. PLANNING AND ZONING BOARD r MEETING MINUTES JUNE 26, 1996 PAGE 4 Mr. Moran advised that if the fence exemption was rescinded, the fence would need to be lowered two (2') feet to comply with City code requirements. Mr. Moran submitted the following exhibits: Exhibit A - Building Permit issued for the construction of the fence Exhibit B - Fence Exemption Request Application Exhibit C - Meeting Minutes of February 28, 1996 Exhibit D - Property Survey Mr. Franklin testified that his intentions to reside at the property had changed. He explained that the property was not listed "for sale" at the time the application was submitted. However, the property was "for sale" when the Board considered his request and listed with a Realtor in April. He admitted that he never resided at the property. He explained that he had lost his job. Both his home in Cocoa and this house was listed "for sale" and he would move into the house at 266 Polk Avenue if his home in Cocoa sold first. He had three children, ages 8, 9 & 10. He explained that his children were not the hazard, people were. He explained that he was not the type of person to wait for a tragedy to happen before taking preventative measures. Mr. Franklin advised that the application submitted to the Board was factual. Council member Nicholas advised that he had objected to the approval of the request at the time it was granted. He advised that no ascertainable hazard was shown. He reiterated that the building was not occupied at the time it was granted and was still not occupied. He further advised that this request did not meet the(. intent of the ordinance. Mr. Nicholas urged the Board to rescind the fence exemption. Discussion followed. Motion by Mr. Lewis, seconded by Mr. Berger to affirm the Fence Exemption as it was approved on February 18, 1996 meeting. Discussion followed. Vote on the motion was as follows: Mr. Bergen, against; Mr. Berger, for; Mr. Lewis, for; Ms. McNeely, against. Motion failed. Discussion followed. Motion by Ms. McNeely, seconded by Mr. Lewis to rescind the Fence Exemption at -266 Polk Avenue. Discussion followed. Vote on the motion was as follows: Mr. + Bergen, against; Mr. Berger, against; Mr. Lewis, against; Ms. McNeely, for. Motion failed. ' PLANNING AND ZONING BOARD MEETING MINUTES JUNE 26, 1996 PAGE 5 Assistant City Attorney Garagenese clarified that the previous decision of February 28, 1996 remained "as is". There being no further business, the meeting was adjourned at 9:15 P.M. Approved this day of �� w , 1996. Beatrice McNeely, Chairperson � aQ= Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES JULY 24, 1996 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on July 24, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 9:27 P.M. by Chairman McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairman Arthur Berger Vice Chairman John Fredrickson Lamar Russell James Lewis Rocky Randels Delegate-at-Large MEMBERS ABSENT Donald Bergen (Excused) _ Joe Elliott (Unexcused) Leo Nicholas Delegate-at-Large (Excused) OTHERS PRESENT Todd Peetz Brevard County Planner Susan Chapman Secretary APPROVAL OF MINUTES: Motion by Mr. Lewis, seconded by Mr. Berger to approve the meeting minutes of June 12, 1996 as submitted. Vote on the motion carried unanimously. Motion by Mr. Berger, seconded by Mr. Lewis to approve the meeting minutes of June 26, 1996 as submitted. Vote on the motion carried unanimously. COMPREHENSIVE PLAN REVIEW AND DISCUSSION: 1. Review Proposed Changes to Chanter 3, Intergovernmental Coordination Element - Goals. Objectives and Policies as per Rule 91-5. Mr. Peetz noted that there were not many changes to this element. The Board members reviewed, discussed and added additional changes to the proposed draft. Mr. Peetz advised that he would incorporate the changes as suggested by the Board. LOCAL PLANNING AGENCY MEETING MINUTES JULY 24, 1996 PAGE 2 2. Review Proposed Changes to Chapter 10, Capital I=rovements ElementGoals. Objectives and Policies as per Rule 9J-5 Mr. Peetz recapped the proposed changes to Chapter 10. The Board members reviewed, discussed and added additional changes to the proposed draft. Discussion was held regarding the Ridgewood Avenue extension. Mr. Russell advised that it was the city's intent not to install the Ridgewood Avenue extension until the city could install all of it. He strongly suggested that the city guard the right of ways along Ridgewood Avenue until that time. Discussion followed regarding open space and parks. There being no further business the meeting was adjourned at 9:45 P.M. Approved on this )9+:�-\ day of IZAA + , 1996. VOOV4— t Beatrice McNeely, Chairperson Susan Chapman, Secretary CAPE CANAVERAL PLANNING &ZONING BOARD REGULAR MEETING JULY 24,1996 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on July 24, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Arthur Berger Vice Chairperson John Fredrickson Lamar Russell James Lewis 1st Alternate MEMBERS ABSENT Donald Bergen Joe Elliott 2nd Alternate OTHERS PRESENT John Porter Mayor Rocky Randels Mayor Pro-Tem Burt Bruns Council Member G.J. Moran Building Official Anthony Garganese Assistant City Attorney Susan Chapman Secretary Approval of Minutes: Motion by Mr. Lewis, seconded by Mr. Berger to approve the meeting minutes of June 26,1996 as presented. Motion carried unanimously. NEW BUSINESS 1. Fence Exemption Request No. 96-09 to Allow a 6 Ft. High Fence to be Installed at 8810 Ridgewood Avenue-Petitioner was Patrick T. Lee, Property Owner. PLANNING AND ZONING BOARD MEETING MINUTES JULY 24, 1996 PAGE 2 Mr. Moran, Building Official; and Mr. and Mrs. Lee, Property Owners were sworn in by Attorney Gargenese. Mr. Moran referenced a memorandum dated July 8, 1996 and explained that since that memorandum was written, he had had two meetings with Mr. Lee to discuss his concerns. Mr. Lee had prepared and delivered an addendum to his request. The Board members reviewed the addendum. Mr. Moran advised that some of his concerns had been answered in the addendum with dealt with the sketch not showing the pool was enclosed. Mr. Moran explained that the pool enclosure was required on the original pool permit, the permit issued by the Department of Environmental Protection indicated that a chain link fence was approved. Mr. Lee had stated in his request that a portion of the fence would be block wall. He noted that the Standard Swimming Pool and the City's regulations required a minimum of a 4 ft.fence for a pool enclosure. Mr. Moran's remaining concerns were that the sketch provided in this request did not show that the pool was enclosed however, Mr. Lee had referenced that the pool enclosure was an issue in this request. Mr. Moran read a portion of the addendum which stated "- that "It is our request to build a 6ft. fence starting on the North end of Ridgewood running South" Mr. Moran noted that the addendum did not state how far to the South. He continued reading "with a 14 ft. chain link gate then a 150ft. Oft. decorative block with a 2ft. decorative open block on top". Mr. Moran voiced his concern that the City had a zoning regulation that stated one-half of the portion above 4 ft. must be open to air and breezes, the City also had a regulation in Section 110-470 that no walls shall be built along unimproved property boundaries until or unless that owner had obtained and paid for a building permit for the principal structure. Mr. Moran advised that it was undetermined, at this time if this property should be considered as one entire lot or one lot with three lots of unimproved property. He questioned Attorney Garganese if the Board could allow a block wall to extend to the three unimproved lots south of the lot the structure was located. Discussion followed. It was Mr. Moran's opinion that Mr. Lee had submitted proper documentation whether it was sufficient or not was at the Board's discretion. Mr. Lee explained that the original application did not provide a lot of room to expound on why he felt a 6 ft. fence was necessary. He explained that in talking with the Building Official, he had suggested that Mr. Lee submit an addendum to his request to expound on his concerns. Mr. Lee advised that the end of Harbor Drive has had questionable activities from time to time, his home had been burglarized three times, and the new house vandalized three times. He expressed his concerns that the fence was necessary not only for his wife and child's safety, but for the children that are going to want to jump the fence to get in the pool safety. PLANNING AND ZONING BOARD MEETING MINUTES JULY 24, 1996 PAGE Mr. Lee explained that he was asking to deviate from the 4 ft. fence restriction along Ridgewood Avenue. He clarified that he was not asking for the block wall to be extended along the unimproved property. He stated that the block wall would only be located on the property with the permitted building. The chain link fence would continue along the remainder of the vacant property. The Board members reviewed the submitted documentation, discussion followed. Mr. Lee stated that it was his intention to clear the two unimproved lots to the south and install sod for a play yard for his daughter. He intended on keeping the lots. Mr. Lee was aware that if the special exception was granted, he would need to change his D.E.P. permit from chain link to a block wall. Mr. Lee explained that a 6 ft. high fence would make his property more secure for the safety of his family than a 4 ft. fence which could be easily jumped by undesirable people at the end of Harbor Heights. Mrs. Lee noted a homeless couple living on the dune area next to her property as an example of the need for security. Chairperson McNeely asked the applicant if he had considered other types of security not including the 6 ft. fence. Mr. Lee responded that he would be installing one of the most modern burglar alarm systems available including cameras and T.V.monitoring. Mr. Moran reiterated that he had no objections to the granting of the extension of the fence along the front yard that would be allowed by code, the balance of the fence would be as per code specifications. He objected to the installation of a 6 ft. block wall on the unimproved property. Mr. Lee clarified and stated for the record that he had no intention of putting a block wall in front of the unimproved property. He only wanted to put the block wall in front of the house to match the appearance of the house for aesthetic reasons. Mr. Moran apologized if that was Mr. Lee's intention. However, he advised that was not how the addendum was written. Mr. Lee reiterated for the record that he did not intend to put a block wall on the unimproved property. Mr. Lee read the addendum into the record. A brief discussion followed. Motion by Mr. Berger, seconded by Mr. Russell to approve Fence Exemption Request No. 96-09 as presented according to the submitted addendum. Motion carried unanimously. 2. Special Exception Request No. 96-11 to Allow an Automotive Service Station in a C-1 Zoning District, (RaceTrac Petroleum), Section 15, Township 24 South, Range 37 East, Part of Parcel 750, Located on Astronaut Boulevard, Immediately North of Tungle Village - Petitioner was Max E. McBrayer, Tr. for RaceTrac Petroleum, Inc. PLANNING AND ZONING BOARD MEETING MINUTES JULY 24, 1996 PAGE 4 Mr. Moran clarified that his letter addressed to Bussen-Mayor Engineering, dated June 27, 1996 regarding Building department concerns, was intended to alert the applicant that the comments would need to be addressed and reconciled at time of site plan review and were not a concern at this time, since they were site requirement issues not land use issues. He noted that the Fire Department had voiced a similar concern in their memorandum dated July 3,1996. All concerns would be addressed at time of site plan review. Mr. Moran referenced his staff report dated June 28, 1996. He advised that the application for special exception was complete, the request was an allowable special exception in the C-1 zoning district, and the applicable City zoning requirements had been addressed and were in compliance for the request, and City staff recommended approval of the request. Mr. Scott Nickle,Bussen, Mayer Engineering Group,representing RaceTrac Petroleum, reviewed the submitted site plan layout. He explained that RaceTrac Petroleum was proposing a 3,000 sq. ft. retail building , (12) fuel pump stations which would be covered by a canopy, controlled access by two driveways directly on A1A with no cross-access with adjacent properties, parking would be provided along the front of the building, fenced-in wet retention area (lake) located behind the building, landscaping would meet or exceed City code requirements, the use was compatible with surrounding commercial properties, and approximately (10) people would be employed. The Board members reviewed Section 110-334 (3), Distance Requirements. Mr. Moran responded that this request met all applicable distance requirements. Mr. Russell noted that the existing service stations had existed prior to the Ordinance being adopted. The Board members reviewed Section 110-047, Written Findings, discussion followed. Mr. Berger queried the applicant if the Department of Transportation (DOT) would require a turn lane. Mr. Nickle responded that he had filed an application with DOT and anticipated that they would require, at the very most, striping in the middle of A1A. He advised that there was an ability to make a left hand turn into the project heading north on A1A. Mr. Berger advised that the property abutted R-3 zoning to the west. He questioned if buffering would be required. Mr. Moran responded that the City code required screening and that this issue would be addressed during the site plan process. A brief discussion was held regarding available utilities. Chairperson McNeely noted that the City was very concerned with property appearance and encouraged the developer to make the property attractively landscaped and maintained. Discussion continued. PLANNING AND ZONING BOARD MEETING MINUTES JULY 24, 1996 PAGE Motion by Mr. Russell, seconded by Mr. Berger to recommend approval of Special Exception Request No. 96-11 as requested. Motion carried unanimously. There being no further business,the meeting was adjourned at 9:25 P.M. Approved this day of 1996. J Beatrice McNeely, Chairperson Susan L. Chapman,Secretary CAPE CANAVERAL PLANNING &ZONING BOARD REGULAR MEETING AUGUST 14, 1996 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on August 14, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Arthur Berger Vice Chairperson Donald Bergen John Fredrickson Lamar Russell Joe Elliott 2nd Alternate MEMBERS ABSENT James Lewis 1st Alternate (unexcused) OTHERS PRESENT Leo Nicholas Council Member Rocky Randels Council Member Burt Bruns Council Member Bennett Boucher City Manager G. J. Moran Building Official Kohn Bennett City Attorney Susan Chapman Secretary NEW BUSINESS: 1. Final Re-Plat Approval - Dolphins Cove, Lots 1, 2 & 3 (Replat of Lots 6, part of 7 & 8). Block 60. Avon by the Sea, Sec. 23, Twp 24S, Rge 37E (Located on the Corner of Pierce and Ridgewood Avenues) - Douglas and Jacqueline Callahan, Property Owners. PLANNING AND ZONING BOARD MEETING MINUTES AUGUST 14, 1996 PAGE 2 The Board members reviewed the submitted final re-plat of Dolphins Cove. Mr. Moran, Building Official, advised that all fees had been paid and the submittal for the final replat relating to this request met the city requirements. Therefore, city staff recommended approval of the request. Mr. Moran further advised that the city engineers had reviewed the final replat and had also recommended approval. Discussion followed regarding off-street parking requirements. Motion by Mr. Russell, seconded by Mr. Bergen to recommend approval of the final re-plat of Dolphins Cove as submitted. Motion carried unanimously. 2. Special Exception Request No. 96-12 to Allow a Restaurant in the M-1 Zoning District and to Allow the Restaurant to Serve Beer and Wine, Parcels 757 & 782. Sec. 15, Twp. 24S. Rge. 37E (8660 Astronaut Boulevard) - Petitioner was Arthur W. Berger, Pro ee!U Owner. Mr. Berger excused himself from discussion and voting due to a conflict of interest regarding property ownership. Mr. Berger stated that he would file the required voting conflict form. Mr. Berger, Mr. Moran, and Ruby &Alan Daniel were sworn in by attorney Bennett. Mr. Moran advised that this was a double special exception request, first to allow a restaurant in the M-1 zoning district, which was an allowable use with a special exception as per Section 110-354 (13) of the City Code. Mr. Berger's application had met all requirements for application under that code section. This request was also to allow on-premise consumption of alcoholic beverages, permissible as per Section 110-171 (a-c), specifically beer and wine at this restaurant. All requirements had been met with this application under the code sections. He explained that if the first special exception was denied, then the other special exception would be a mute point. The Board members reviewed the submittal packet. Discussion followed. After discussion, the Board members agreed that this application was consistent with the Comprehensive Plan; the use was consistent with the intent of the zoning district; no adverse impacts to adjacent property would be created from noise, light, vibrations, traffic, utility requirements or stormwater runoff that would not have been created had the property been developed for a principal use; Mr. Berger added that odors from the restaurant would be vented to the outside. The special exception would not create any unusual police, fire or emergency services; this request met all the requirement of the zoning district. PLANNING AND ZONING BOARD MEETING MINUTES AUGUST 14, 1996 PAGE 3 Mrs. Daniels explained that the restaurant would be upscale and contemporary style with an antique flair, family oriented, open for lunch and dinner, and take-out would be provided. Mrs. Daniels added that she had been in the hospitality business for sixteen years and her husband experience in the restaurant business. Motion by Mr. Russell, seconded by Mr. Bergen to recommend approval of Special Exception Request No. 96-12 to allow a restaurant in the M-1 zoning district. Motion carried unanimously (with Mr. Berger abstaining and Mr. Elliott, 1st alternate, voting). Discussion was held regarding distance requirements between existing establishments serving alcoholic beverages. The Board reviewed city code Section 110-171 (2) (C) Establishments Serving Alcoholic Beverages, exceptions to this subsection. Discussion followed. Mr. Berger advised that this request would be exempt from the 2,000 ft. distance from other similar establishments since he would meet the minimum seating capacity requirement of 50 seats and would comply with all other requirements. Mr. Berger respectfully requested that if the City reduced the minimum seating requirement of 50 seats, that this special exception be relaxed from the existing 50 seat requirement. Attorney Bennett explained that at the time the occupational license was issued, he would be required to comply with any existing ordinance pertaining to seating requirements. Motion by Mr. Russell, seconded by Mr. Bergen to recommend approval to serve beer and wine as prescribed by any existing ordinance. Motion carried unanimously (with Mr. Berger abstaining and Mr. Elliott, 1st alternate, voting). 3. Presentation & Discussion Re: Amending Section 110-356(6), Building_ Height Restriction in the M-1 Zoning District-Alfredo Teran, President, AJT & Associates, Inc. Mr. Berger advised that he had submitted a bid to construct this project. Therefore, he would engage in the discussion but would abstain from any voting regarding this project and would file the required voting conflict form. The Board members reviewed the submitted information packet. Since there were no representatives from AJT present, Mr. Firkins, property owner, advised that the AJT corporation proposed to construct a 40,000 sq. ft. building. PLANNING AND ZONING BOARD MEETING MINUTES AUGUST 14, 1996 PAGE 4 Mr. Firkins advised that AJT had the best of professionals and this project would add to the beatification of the city's main corridor. He requested that the City increase the existing 40 ft. height restriction to 45 ft. 4. Discussion & Recommendation to City Council Re: Amending Section 110- 336 (6)(b) and 110-356 (6) - to Increase the Maximum Height in Both C-1 and M-1 Zoning Districts from forty feet to forty-five feet. Mr. Bennett advised that AJT had brought to the City Council's attention, that the existing code for M-1 and C-1 was inconsistent in that, the City allowed hotels to be 45 ft. in C-1 and all other buildings 40 ft.. AJT had questioned the rationale for the 40 ft. height restriction. He noted that M-1 also had a height restriction of 40 ft. Mr. Berger advised that the rationale for a 45 ft. hotel, with slab construction, the building could be five stories. He explained that AJT's proposal was for a four r story building, more modern, state of the art concept, with at least 10 ft. ceilings including an arched roof on the top floor and parking on the 1st floor. Mr. Moran advised that AJT had the option of applying for a variance if the City did not increase the height limitation in the M-1 zoning district. Mr. Moran agreed that there was a height restriction inconsistency in the existing code. He was in favor of the code change, due to the fact that it would make the height limitation consistent. Mr. Russell explained that the 45 ft. was a number arrived by a debate around the city. When the code was adopted, the citizens did not want to travel through a concrete canyon on the way to the beach and they did not want the beach walled- off from the residents of Cape Canaveral like other municipalities along the coast, some residents did not want any hotels along the beach area, condominiums would be limited to a 25 ft. height restriction. The issue was addressed by referendum of the voters. The citizens settled for the 45 ft. height restriction in the R-3 zone located along the beach and the river. He explained that City Council had agreed that hotels and motels should be located in a C-1 zone and should enjoy the same height advantages as condominiums in R-3 zone. Therefore, the height limitation was set at 45 ft. in the C-1 zoning district. He advised that the community, at that time, did not want hotels and motels on the beach. He voiced his opinion that increasing the height restriction to 45 ft. in M-1 and C-1 would be good for the City because it would save green space, parking underneath the building, and would make for more attractive buildings. PLANNING AND ZONING BOARD MEETING MINUTES AUGUST 14, 1996 PAGE 5 Mr. Bennett advised that the height limit should be increased to 45 ft. in M-1 and C-1 in order to make the height restriction consistent with the R-3 zoning district. The Board members reviewed the ordinance draft prepared by Attorney Bennett. Discussion was held regarding Section 110-137, procedures for changing the ordinance. Discussion followed. Motion by Mr. Bergen, seconded by Mr. Fredrickson to recommend approval of the proposed draft ordinance as presented to increase the height restriction to 45 ft. in the M-1 and C-1 zoning districts. Motion carried unanimously, as amended, (with Mr. Berger abstaining and Mr. Elliott, 1st alternate, voting). 5. Discussion & Recommendation to City Council Re: Amending Section 110- 195(7) to Allow An Existing Non-Conforming Use to Change to a Less Intensive Non-Conforming Use. The Board members reviewed a proposed draft ordinance prepared by Attorney Bennett. Mr. Moran advised that this issue had been brought before this Board before. The issue had been voted on. The vote was split 212 and the issue was not sent to City Council because there had been no recommendation. He explained that there were three properties within the city that were considered existing non-conforming uses, due to the facts that the properties were located in the wrong zone districts, or the buildings were the wrong type for that zone, and the use of the buildings were incorrect. He further explained that the City had three options, either to rezone the properties correctly, require that the structures be removed and rebuilt for a conforming use, or change the ordinance (as proposed) to change the use to allow the non-conforming use to continue if the use would be less intensive. He added that the three properties were the Alnito Club, the former post office, and the old American Boom & Barrier. Mr. Moran noted that the advantage of the ordinance was that the City would control the use. If the zoning was changed (i.e. from R-2 to C-1), anything in the C-1 zoning district would be allowable. Discussion followed. After an ensuing discussion, the Board members agreed that an item (e) be added to the proposed draft to define "restrictive", "less intensive" and "more compatible". Attorney Bennett concurred. Discussion continued. PLANNING AND ZONING BOARD MEETING MINUTES AUGUST 14, 1996 PAGE 6 Motion by Mr. Russell, seconded by Mr. Berger to recommend approval of the draft ordinance to City Council with the changes noted in the discussion. Motion carried unanimously. 6. Presentation. Discussion & Recommendation to City Council Re: to Create a New Zonina District to Allow a Mixed-Use Planned Unit Development Requester was Jack Glatting for Glatting, Jackson Kercher, Anglin, Lopex & Rinehart. Mr. Glatting advised that his client owned 85 acres, just South of Jetty Park, he voiced his opinion that it would be beneficial to develop the property as a mixed Planned Unit Development (PUD), which would allow flexibility in terms of the development pattern. He had created and provided a draft of a mixed-use PUD ordinance for the city to consider. He explained that he modified the existing residential district code to create the mixed-use district. He added that it would probably be in the best interest of the city that the mixed-use PUD be limited to large pieces (60 acres or more) of vacant land, located along the edges of the city. He explained that the 85 acres would have resort and tourism type characteristics, including a mix of commercial offices, entertainment, multi-family dwelling units, including apartments, no single family homes, hotels, including related uses (i.e. restaurants, and meeting facilities), mini-conference centers, convention centers, time-share and interval ownership types of uses, general retail services and offices of all types (i.e. clinics, banks, child care centers, personal and professional offices), alcohol type establishments, open space and recreational type uses which would include entertainment, etc. Mr. Glatting advised that his client was considering a maximum height limit of 160 ft. Discussion was held regarding impact on other property uses and blocking of views. He added that allowing the additional height would preserve open space, and provide for a more attractive type development. Discussion followed regarding the proposed height. Attorney Bennett advised Mr. Glatting that information was not included in the proposed draft, such as defining permissible mixed-uses within the PUD, no information had been provided as to the rezonings of the 85 acre parcel (especially the property along the beach), and concurrency issues also needed to be addressed. Discussion followed. Mr. Glatting advised that he would re-draft the proposed mixed PUD ordinance, based on the discussion, and would present a revised draft on a future date. PLANNING AND ZONING BOARD MEETING MINUTES AUGUST 14, 1996 PAGE 7 There being no further business, the meeting was adjourned at 10:00 P.M. b Approved this day of , 199it Chairperson l r-, Secretary CITY OF CAPE CANAVERAL PLANNING&ZONING BOARD REGULAR MEETING SEPTEMBER 11,1996 MINUTES A Regular Meeting of the Planning&Zoning Board of the City of Cape Canaveral, Florida,was held on September 11, 1996 at the City Hall Annex,111 Polk Avenue,Cape Canaveral,Florida. The meeting was called to order at 7:30 P.M.by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Arthur Berger Vice Chairperson John Fredrickson Lamar Russell Donald Bergen James Lewis 1st Alternate MEMBERS ABSENT Joe Elliott 2nd Alternate (Excused) OTHERS PRESENT John Porter Mayor Burt Bruns Council Member Leo Nicholas Council Member G.J. Moran Building Official Kohn Bennett City Attorney Susan Chapman Secretary Approval of Minutes Motion by Mr. Russell, seconded by Mr. Bergen to approve the meeting minutes of July 24, 1996 as submitted. Vote on the motion carried unanimously. Motion by Mr. Russell,seconded by Mr. Bergen to approve the meeting minutes of August 14, 1996 as submitted. Vote on the motion carried unanimously. NEW BUSINESS 1. Site Plan Approval-RaceTrac Petroleum,Section 15,Township 24 South, Range 37 East, Part of Parcel 750 Located on Astronaut Boulevard, (Immediately North of Tungle Village) -Scott Nickle, P.E.,Project Engineer. _ PLANNING &ZONING BOARD MEETING MINUTES SEPTEMBER 11, 1996 PAGE Chairperson McNeely advised that the Building Official,City Engineer, Public Works Director, and the Fire Chief had recommended approval of the Site Plan for RaceTrac Petroleum. The Board members reviewed the submitted site plan. Ms. McNeely pointed out a concern regarding no deceleration/acceleration lanes onto Astronaut Boulevard. Mr. Moran advised that a letter had been sent to the Florida Department of Transportation (FDOT) addressing the concern. Mr. Scott Nickle,Project .Engineer, explained that the FDOT permit application was under review and FDOT had requested additional information. Mr. Nickle stated that appropriate revisions would be made as required by FDOT. Mr. Nickle explained that approximately 2 acres of the 5 acre tract would be developed as RaceTrac Petroleum, the property owners intended to sell the remainder of the property, and the entire property would be properly maintained per city code. Discussion was held regarding the legal description described on the site plan for the entire parcel. City Attorney Bennett noted that the special exception had been approved for the project site only. Mr. Bennett requested that the applicant submit a metes & bounds survey. Mr. Nickle agreed. Motion by Mr. Berger, seconded by Mr. Russell to approve the site plan for RaceTrac Petroleum. Vote on the motion carried unanimously. UNFINISHED BUSINESS 1. Presentation, Discussion&Recommendation to City Council to Create a New Zoning District to Allow a Mixed-Use Planned Unit Development-Requester was Tack Glatting for Glatting, Tackson, Kercher, Anglin, Lopez and Rinehart. Chairperson McNeely granted Mr. Glatting a one hour time limit regarding the proposed Mixed-Use Planned Unit Development(MUPUD). The Board members, along with Mr. Glatting,reviewed a revised draft of the proposed MUPUD with incorporated changes as previously discussed with the Board at the last meeting. An ensuing discussion and review followed,including suggested changes to the"Definition' section of the proposed MUPUD draft. Mr. Glatting advised that he would make the necessary revisions and submit a new draft for review at the next meeting. Mayor Porter pointed out to Mr. Glatting that the citizens of Cape Canaveral had voted by referendum to impose a height restriction of 45 ft.,the citizens had also voted by _ referendum to limit density to 15 units per acre,and commercial uses were restricted from the beach area. PLANNING &ZONING BOARD MEETING MINUTES SEPTEMBER 11, 1996 PAGE Mr. Glatting responded that it was not his client's intent to create commercialization along the beach area. He clarified that the 45 ft. height restriction was limited to residential districts and since this property was located within C-1 and M-1 zoning districts,heights could exceed 45 ft. with a minimum of 50 ft. setbacks. He explained that to achieve a 150 ft. structure,it would need to be located a minimum of 350 ft. from any boundary of another property. He added that a 150 ft. structure would create a high-quality tourism development. Mr. Glatting voiced his opinion that density within the MUPUD would create an urban development environment. Discussion followed regarding proposed concepts and uses within the MUPUD development. There being no further business, the meeting was adjourned at 9:00 P.M. Approved this ASS day of 1996. (Beatrice McNeely,Chairperson 61 Susan Chapman,Secret ry CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES SEPTEMBER 25, 1996 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on September 25, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 9:25 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson John Fredrickson Lamar Russell Donald Bergen Joe Elliott James Lewis Rocky Randels Delegate-at-Large MEMBERS ABSENT Leo Nicholas Delegate-at-Large OTHERS PRESENT Burt Bruns Council Member Leonard Folcarelli Chairman,Commercial Development Board G.J. Moran Building Official Todd Peetz Brevard County Planner Susan Chapman Secretary Approval of Minutes: Tuly 24, 1996 and August 28,1996 Motion by Mr. Lewis, seconded by Mr. Fredrickson to approve the meeting minutes of September 25, 1996 as presented. Vote on the motion carried unanimously. Motion by Mr. Fredrickson, seconded by Mr. Randels to approve the meeting minutes of August 28, 1996 as presented. Vote on the motion carried unanimously. —LOCAL PLANNING AGENCY MEETING MINUTES SEPTEMBER 25, 1996 PAGE 2 UNFINISHED BUSINESS: 1. Discussion Re: Revised Draft to Create a C-2 Commercial/Manufacturing Zoning District. Mr. Peetz, City Planner advised that he had incorporated all the changes recommended by the Board at the previous meeting and had presented a revised draft. Discussion was held regarding the individual agenda items. Discussion was held regarding the Commercial Development Board's (CDB) recommendations. Mr. Folcarelli advised that the CDB had reviewed the existing permissible uses in the C-1 zoning district and compared them with the M-1 zoning district's permissible uses; the Board had deleted the uses that would not be conducive with the changing the zoning to create a C-2 zoning classification. He explained that the Board's main concern was not to allow outside storage in the C-2 zoning district because all the properties were located on a viewable street; T.V. and radio towers were inappropriate to be located directly on A1A; and rather than allowing special exceptions, the City should define "and similar uses" within the code. Mr. Randels added that the CDB appeared to be trying to create a new zoning district other than C-2, (not combining M-1 and C-1 to create a C-2 zoning district.) Chairperson McNeely queried if eliminating existing allowable uses would create a "taking". Mr. Folcarelli responded that the CDB was not concerned with that point. They had viewed that their job was to recommend what they thought and the Local Planning Agency would workout the legalities that the CDB created. Chairperson McNeely then asked for Mr. Peetz' opinion. He responded that the property owner(s) would have vested rights. Discussion follo, ,ped. The Board members reviewed the submitted revised draft. Discussion followed regarding "and similar uses". Mr. Russell explained that many types of uses could be considered "similar". He voiced his opinion that it was virtually impossible to list each and every specific use permissible. Mr. Moran pointed out that it was at the Building Official's discretion when appt ing"similar uses". Mr. Lewis voiced the opinion that the code was written so if a specie c use was not listed, it was not allowed and was in favor of listing all uses allowable. —LOCAL PLANNING AGENCY MEETING MINUTES SEPTEMBER 25, 1996 PAGE Mr. Peetz pointed out that if the new C-2 zoning code was to itemize each use, then the existing M-1 and C-1 zoning codes would need to be changed to list specific uses and "similar uses" deleted. (No decision was made regarding this issue). The Board continued to review the C-2 zoning draft up to Page 4, Section 110-343, Special Exceptions permissible by the Board of Adjustment. Due to the late hour, by consensus of the Board members, the meeting was adjourned at 10:07 P.M. Approved on this 23 S� day of 0 C 1 1996. _ 1 Beatrice McNeely,Chairperson _ J cc_ tiKS p Susan Chapman,Secretary CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY _ MEETING MINUTES SEPTEMBER 25, 1996 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on September 25, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson John Fredrickson Lamar Russell Donald Bergen Joe Elliott James Lewis Leo Nicholas Delegate-at-Large Rocky Randels Delegate-at-Large OTHERS PRESENT Burt Bruns Council Member Leonard Folcarelli Chairman,Commercial Development Board Todd Peetz Brevard County Planner Susan Chapman Secretary G. J. Moran, Building Official; Mr. Mays, citizen were sworn in by City Attorney Garganese. PUBLIC HEARING: 1. Recommendation to Amend the Comprehensive Plan Future Land Use Map as Provided in CPA-96-1, Property Located at(8810 Astronaut Boulevard), Section 15, Township 24 South, Range 37 East, Parcel 758 - Petitioner was Quest Enterprises, Inc.,William Mays, Representative. Mr. Moran, Building Official gave a brief background regarding the request. He stated that the property was located just North of McDonald's Restaurant on the East side of Astronaut Blvd. —LOCAL PLANNING AGENCY MEETING MINUTES SEP=ER 25, 1996 PAGE 2 Mr. Moran advised that the application submittal had been reviewed and the submittal appeared to be complete; courtesy notices had been mailed to all property owners within 500 ft. of the property; the advertisement was published in the Florida Today Newspaper on September 15, 1996; and the concurrency management process had been completed and approved. All the requirements had been met for this request. Mr. Peetz, City Planner explained that the request was considered "small scale' because the property parcel was less that 10 acres. He advised that the Planning & Zoning Board was required to make a recommendation in order for this request to be forwarded to City Council. The Board members reviewed and discussed the draft ordinance prepared by the City Attorney. Chairperson McNeely suggested that the words "Land Planning Agency" should be changed to read "Local Planning Agency". Attorney Garagenese responded that the change would be in order and assured that .the appropriate change would be made. Motion by Mr. Randels, seconded by Mr. Russell to recommend that City Council amend the comprehensive plan and future land use map provided in CPA-96-1. No discussion followed regarding the motion. The Secretary called the roll. Vote on the motion carried unanimously. There being no further business,the meeting was adjourned at 7:41 P.M. Approved on this 2–''� day of �� 1996. " Beatrice McNeely,Chairperson. Susan Chapman,Secretary CAPE CANAVERAL PLANNING &ZONING BOARD REGULAR MEETING SEPTEMBER 25,1996 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida,was held on September 25,1996 at the City Hall Annex,111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:42 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Donald Bergen John Fredrickson James Lewis 1st Alternate Joe Elliott 2nd Alternate OTHERS PRESENT Leo Nicholas Council Member Rocky Randels Council Member Burt Bruns Council Member G. J. Moran Building Official Anthony Garganese Assistant City Attorney Susan Chapman Secretary Mr. Moran,Building Official; Dorothy Treverton, citizen;William Mays, citizen;jovan Barzellato, citizen; and Mona Jason, citizen were sworn in by Anthony Gargenese, Assistant City Attorney. Approval of Minutes: Motion by Mr. Russell, seconded by Mr. Bergen to approve the meeting minutes of September 11,1996 as presented. Motion carried unanimously. PUBLIC HEARING: 1. Recommendation Re: Request No. 96-13 to Change the Existing Zoning from M-1 (Light Industrial to C-1 (Low DensitX Commercial), Property Located at (8810 Astronaut Boulevard), Section 15, Township 24 South, Range 37 East, Parcel 758- Quest Enterprises, Inc.,Petitioner,William Mays, Representative. PLANNING AND ZONING BOARD MEETING MINUTES SEPTEMBER 25, 1996 PAGE 2 The Board members reviewed the submitted request packet. Mr. Moran advised that the application for this request had been reviewed and the submittal appeared to be complete; the draft ordinance to change the zoning from M-1 to C-1 had been prepared by City Attorney Bennett; courtesy notices had been mailed to all property owners within 500 ft. of the property; no written correspondences had been received from those property owners; the concurrency management process had been completed and approved, including the traffic study which had been submitted by the applicant and approved by the Public Works department. A brief discussion followed. Motion by Mr. Russell, seconded by Mr. Fredrickson to recommend approval of Rezoning Request No. 96-13. Vote on the motion carried unanimously. NEW BUSINESS: 1. Preliminary Re-Plat Approval Extension, Sea Era Segundo, Lots 1-6 (Replat of Lots 8, 9, 10 & West 1/2 of Vacated Alleyway), Block 40, Avon by the Sea Subdivision- Applicant was Suzanne Conry Reed, Owner. (Preliminarypl previously approved October 25,1995 and March 27,1996). Mr. Moran advised that no changes had been made to the preliminary plat that had been previously approved on October 25, 1995 and reapproved on March 27, 1996. He added that the required fees had been paid and City staff had no objections to the reapproval of the plat. Motion by Mr. Russell, seconded by Mr. Bergen to reapprove the preliminary plat for Sea Era Segundo. Vote on the motion carried unanimously. 2. Variance Request No. 96-15 to Extend/Increase an Existing Non-Conformity by Enlarging a Single-Car Garage, Property Located at (416 Lincoln Avenue), Lot 9, Block 68, Avon by the Sea Subdivision, Section 23, Township 24 South, Range 37 East-Petitioner was Dorothy A. Treverton,Property Owner. The Board members reviewed the submitted request packet. Mr. Moran explained that the request for a variance involved an addition of approximately 6 ft. 8 in. of exterior wall of an existing structure that was located in violation of the required setback of 8 ft.; and the existing structure was built prior to the adoption of the existing code and — was situated 4 ft. from the property line. PLANNING AND ZONING BOARD MEETING MINUTES SEPTEMBER 25, 1996 PAGE 3 Mr. Moran referenced Section 110-193 of the City Code of Ordinances which prohibits a structure that is, or was made by the code, non -conforming from being enlarged or altered in any way that increased its non -conformity; and Section 110-62 which allowed the Board of Adjustment, after written recommendation from the P & Z Board, to grant variances from requirements if strict enforcement would create a hardship. Mr. Moran advised that the application submittal was complete, the required fee was paid, and staff had no objection to the granting of this variance. Mrs. Treverton advised that when she purchased her home in 1993, she was not aware of the non -conformity. She was 82 years old and afraid to get outside of her car at night. Mrs. Treverton explained that she drove a Buick Roadmaster because she did not feel safe in a compact car. She explained that if she was able to park her car in the garage, she would then be able to enter her locked house without entering from the outside. Mr. Russell advised that the City created non -conforming lots by increasing setbacks to 8 ft. in hopes that some day homes would be demolished and rebuilt. This had created hardships for owners with 50 ft. lots because they could not remodel or add additions to the existing non -conforming lots. Mr. Barzellato added that approximately one-half of the homes of similar style in Mrs. Treverton's neighborhood could extend their garages. Discussion followed. After discussion, a majority of the Board members concluded that the granting of this variance would not confer any special privilege to Mrs. Treverton because approximately one-half of the homes in the same neighborhood and of similar style could extend their garages. Motion by Mr. Bergen, seconded by Mr. Russell to recommend approval of Variance Request No. 96-15. Motion carried with members voting as follows: Mr. Bergen, for; Mr. Fredrickson, for; Mr. Lewis, opposed; Ms. McNeely, for; and Mr. Russell, for. Vote on the motion carried by majority vote in favor of the request. 3. Special Exception Request No. 96-14 to Allow a Restaurant to Serve Beer/Wine, Property Located at (6615 North Atlantic Avenue, Mona's Cafe') - Petitioner was Mona Tason, Designated Agent. PLANNING AND ZONING BOARD MEETING MINUTES SEPTEMBER 25, 1996 PAGE 4 The Board members reviewed the submitted packet. Mr. Moran advised that an on- site inspection revealed that 25 seats were existing and explained that the parking requirements were one space per three seats. After inspection of the other existing businesses within the center, it was determined that a deficiency existed of 19 parking spaces for the entire plaza. Mr. Moran explained that the calculation incorporated the increase of three additional spaces for the request for special exception due to the increase in seating requirements from the eighteen seats that were presently permitted and the twenty five seats that were needed for the granting of this special exception. Mr. Moran noted that the existing parking requirements, without including the increase, were presently deficient and that the condition had been in existence for some time without apparent problems relating to parking issues. He advised that all other requirements of Section 110-171 (a)(2) of the city code had been met for this request. Mr. Fredrickson questioned if the number of existing bathrooms were appropriate. Mr. Moran responded that since no modifications or upgrades were being made, it would be inappropriate to make an assessment of fixtures. Discussion followed regarding the deficiency in the rLumber of parking spaces. Ms. Jason advised that the restaurant hours were Tues.-Thurs. 12:00 P.M. -9:00 P.M., Sat. -Sun. 10:00 A.M.-11:00 P.M. and closed Mondays; no portion of the restaurant would be designed as a bar/lounge; she did not serve from the existing counter, the couch was used for customers waiting to be seated; the serving of beer & wine would compliment the food, and the granting of this request would not increase parking. Motion by Mr. Russell, seconded by Mr. Lewis to recommend approval of Special Exception Request No. 96-14 to allow Mona's Cafe' to serve beer and wine. Vote on the motion was as follows: Mr. Bergen, opposed; Mr. Fredrickson, for, Mr. Lewis, opposed; Ms. McNeely, for, and Mr. Russell, for. Vote on the motion carried by majority in favor of the request. OTHER BUSINESS: 1. Election of Chairperson and Vice Chairperson. Nomination by Mr. Russell, seconded by Mr. Lewis to nominate Ms. McNeely to remain as Chairperson. Ms. McNeely accepted the nomination. There being no other nominations the secretary called the roll. Vote on the nomination carried unanimously. PLANNING AND ZONING BOARD MEETING MINUTES SEPTEMBER 25, 1996 PAGE 5 Nomination by Mr. Bergen, seconded by Mr. Fredrickson to nominate Mr. Russell as Vice Chairperson. Mr. Russell accepted the nomination. There being no other nominations the secretary called the roll. Vote on the nomination carried unanimously. 2. Discussion and Recommendation to City Council Re: Resolution to Appoint a Regular Member to the Board (James Lewis,1st Alternate or Toe Elliott, 2nd Alternate). Mr. Lewis and Mr. Elliott briefed the other members regarding their ambitions to serve on the Board. Motion by Mr. Bergen, seconded by Mr. Russell to recommend that City Council appoint Mr. Lewis as a regular member and appoint Mr. Elliott as 1st alternate. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 9:25 P.M. Approved this -t'h day of CCA -0 b'e.,r .1996. Beatrice McNeely, Chairperso Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING OCTOBER 9,1996 MINUTES A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on October 9,1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Lamar Russell John Fredrickson Donald Bergen James Lewis Joe Elliott OTHERS PRESENT Leo Nicholas Marilyn Rigerman Mary Russell G. J. Moran Kohn Bennett Susan Chapman Approval of Minutes Chairperson Vice Chairperson 1st Alternate (Late) 2nd Alternate Council Member Board of Adjustment Member Code Enforcement Board Chairperson Building Official City Attorney Secretary Motion by Mr. Bergen, seconded by Mr. ;':iiott to approve the meeting minutes of September 25,1996 as submitted. Vote the motion carried unanimously. Mr. Lewis arrived at this time. UNFINISHED BUSINESS 1. Presentation, Discussion & Recor(!_,:nendation to City Council to Create a New Zoning District to Allow a Mixed, 'se Planned Unit Development - Requester was Tack Glatting for Glatting, Tay,__ -)n, Kercher, Anglin, Lopez and Rinehart. Chairperson McNeely advised that the d had previously reviewed and discussed the 1st seven pages of the proposed draft the mixed-use PUD provided by Mr. Glatting. After polling the Board membea s, it was agreed that Mr. Glatting would continue his presentation, starting on pa e eight of the proposed ordinance. _ PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 9,1996 PAGE The Board members reviewed and discussed the proposed ordinance draft, starting on page eight, Division 2, Development Plans. Mr. Glatting read, explained and answered various questions in reviewing the proposed draft. Mr. Glatting agreed to incorporate the multiple changes requested by the Board members. An ensuing discussion was held regarding the height requested by Mr. Glatting's client and the number of proposed units per acre within the proposed MPUD. The Board members concluded, after discussion, that these issues were unresolved and therefore, a meeting should be held with the Planning & Zoning Board and City Council regarding height limitations and proposed units per acre. The Board questioned the next step of this proposed MPUD. Attorney Bennett responded that Mr. Glatting would provide a final draft of the proposed MPUD to the Building Official and City Attorney. The Building Official and City Attorney would review the entire proposal and would make their recommendations to the Board for final consideration. There being no further business, the meeting was adjourned at 9:00 P.M. Approved this ( r± day of �� A o�,,�or 1996. j Beatrice McNeely, Chairperson r Susan apman, Secret ry CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES OCTOBER 23, 1996 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on October 23, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Lamar Russell Joe Elliott John Fredrickson Rocky Randels MEMBERS ABSENT Chairman Vice Chairperson Delegate at Large (entered meeting at 8:20 P.M.) Donald Bergen (excused) Leo Nicholas Delegate at Large (unexcused) OTHERS PRESENT Todd Peetz Brevard County Planner Susan Chapman Secretary APPROVAL OF MINUTES: Motion by Mr. Fredrickson, seconded by Mr. Lewis to approve both meeting minutes of September 25, 1996 as presented. Motion carried unanimously. NEW BUSINESS: 1. Review, Discussion, Recommendation and Public Participation Re: Evaluation and Appraisal Report (EAR). The Board members reviewed and discussed the draft EAR report provided by City Planner, Todd Peetz. An ensuing discussion was held regarding the proposed Ridgewood Avenue extension. (Further discussion regarding this issue would be held at the next meeting.) The Board members reviewed the EAR through page 142. Minor changes had been made to the r draft. Mr. Peetz advised that the remainder of the EAR had been forwarded to the Board Secretary and would be reviewed and discussed at the next scheduled meeting. Local Planning Agency _ Meeting Minutes October 23, 1996 Page 2 2. Establishing new meeting dates to continue review of EAR - Thursday, October 24th, 1996 at 7:30 P.M.; Wednesday, October 30th and Monday, November 4th, 1996 (times to be determined by staff and board members). Since the Board had completed their review of the first 142 pages of the EAR, the meeting for October 24, 1996 was canceled. Proper notice of the cancellation would be performed by the Board Secretary. The next scheduled meeting would be held on October 20, 1996 at 7:30 P.M. to continue review of the EAR and recommendation would be made at that meeting to recommend approval of the EAR to City Council and The Department of Community Affairs. There being no further business the meeting was adjourned at 9:27 P.M. Approved this day of i , 199' Beatrice McNeely, Vice Chau n PD, Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES OCTOBER 30, 1996 A meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on October 30, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Lamar Russell Donald Bergen Joe Elliott Leo Nicholas Rocky Randels MEMBERS ABSENT John Fredrickson James Lewis OTHERS PRESENT Todd Peetz Susan Stills UNFINISHED BUSINESS: Chairperson Vice Chairperson Arrived Late Delegate -at -Large Delegate -at -Large (Excused) (Unexcused) Brevard County Planner Deputy City Clerk The Board continued to thoroughly review the Evaluation and Appraisal Report (EAR). Discussion included stating a definitive number of affordable housing units to which the board agreed by consensus that the EAR will read that the City will provide for affordable housing. Under Policy H-13.1, the City has established a Community Appearance Board. Under Policy H-10.1, by consensus the board agreed to omit "large scale" residential development. At this time Mr. Randels acknowledged Mr. Sargeant, Fire Chief, CCVFD, who was on hand to address Chapter 6, Traffic. Chief Sargeant stated that there was a continuing problem with addresses on Harbor Drive. He suggested that a pedway with emergency gates be implemented. The board noted that the Traffic Circulation, (p. 73) would need to be changed based on what was discussed with Chief Sargeant. The Board continued its review. Ms. McNeely stated that the City's Mission Statement needed to be included in the Comprehensive Plan. NEW BUSINESS Motion to Recommend Approval of EAR Report to be forwarded to City Council and the Department of Community Affairs. Motion by Mr. Randels, seconded by Mr. Russell to approve the Evaluation and Appraisal Report as amended to be forwarded to City Council and the Department of Community Affairs. Motion carried unanimously. There being no further business, the meeting was adjourned at 10:00 P.M. Approved on this a qday of XeowAherz, 1996 G� , 057 Beatrice McNeely, Chairperson Susan Stills, Deputy City Clerk CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING NOVEMBER 13. 1996 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on November 13, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice Chairperson Donald Bergen John Fredrickson Joe Elliott 1st Alternate MEMBERS ABSENT James Lewis (Unexcused) OTHERS PRESENT Burt Bruns Council Member G. J. Moran Building Official Kohn Bennett City Attorney Susan Chapman Secretary NEW BUSINESS 1. Preliminary Re -Plat Approval - Tobin Townhomes, Lots 14 (Replat of Lots 1 & 2), BI'ock 9, Avon by the Sea Subdivision - Olga Tobin, Property Owner (Previously Approved -12/9/92). Mrs. Tobin explained that the proposed townhouse would replace her existing single family residence. She planned to live in existing home until one of the townhouse units was finished, she would then move into that completed unit, and demolish her single family house. Mr. Moran advised that no changes had been made to the replat since it had been previously approved in December 1992, however, the replat did not meet minimum specifications for lot widths. PLANNING AND ZONING BOARD MEETING MINUTES NOVEMBER 13, 1996 PAGE 2 Motion by Mr. Russell, seconded by Mr. Bergen to table the replat for Tobin Townhomes until the appropriate corrections were made. Motion carried unanimously. 2. Site Plan Approval - Tobin Townhomes, Lots 1-4 (Replat of Lots 1 & 2), Block 9, Avon by the Sea Subdivision - Olgo Tobin, Property Owner. (Previously Approved -1/13/93). Attorney Bennett read a portion of Section 110-222 (1)(g) which advised that a site plan could not be approved prior to the plat being approved. Motion by Mr. Russell, seconded by Mr. Bergen to table the site plan for Tobin Townhomes until after the replat was approved. Motion carried unanimously. 3. Recommendation to City Council to Amend Ordinance 03-96, Section 110- 493 Access by Inserting Paragraph (a)(3) to Allow a Single Access of up to (35) feet in lieu of (2) openings of (24) feet each. Mr. Moran explained that the present code allowed for a single opening of (1) thirty- five ft. for joint usage between adjacent property owners or (2) thirty ft. openings for service stations. He explained that a property with a frontage in access of 125 ft. was presently allowed to have two openings of 24 ft. each with the stipulation that they be spaced a minimum of 30 ft. apart. If the code were amended to allow a property owner with frontage in access of 200 ft. to reduce the number of openings allowed from two to one, it would also reduce the number of traffic entry points at the site. He added that this change would allow by design, the use of separation medians and also facilitate improved fire and rescue access by increasing the width of the entry to 35 ft. Mr. Moran stated that the fire chief, city engineer and city staff recommended approval of this proposed change. Discussion followed. After discussion, by consensus, the City Attorney would draft an amendment to the existing ordinance, to be presented at the next scheduled meeting for recommendation to City Council. Attorney Bennett concurred with the Board's request. 4. Consideration to Amend Article V, Sections 110-191 (a) & (d) Non - Conformities and 110-193 (1) Non -Conforming Structures of the Cape Canaveral Code of Ordinances - Petitioner was Jovan Barzelatto, VP, Avalon Homes, Inc. PLANNING AND ZONING BOARD MEETING MINUTES NOVEMBER 13, 1996 PAGE 3 Mr. Barzelatto explained that he requested this item because property owners with eight foot setbacks, with existing non -conforming structures, could not add or improve their properties, because they would encroach into the setback requirements. He further explained that the way the ordinanpe read, the only way an owner could add to his non -conforming structure, was to add a second floor, which was very costly to the property owner. He asked that the City allow an existing non -conforming home to be allowed to build an addition in alignment with the existing wall lines of the building. Most of the non -conforming homes consisted of two or three bedrooms with one bathroom which was not conducive to a family and most of these homes were only 25 ft. wide and located on 50 ft. non- conforming lots of record. Mr. Barzelatto explained that he was a member of the Community Appearance and Commercial Development Boards because he was trying to improve the City. He added that this ordinance was turning families away from purchasing homes in the City because the ordinance deterred people from improving these properties. He expressed his concern that most of these properties would remain rentals until they fell -apart and were forced to be demolished which would create blighted areas throughout the City. He explained that he was trying to change the ordinance so that the properties could be fixed up resulting in owner occupied buildings and more families moving into the city. He had friends that turned away from purchasing properties because of the way this ordinance was written. Discussion followed. Mr. Moran read his staff report and strongly advised that allowing a non -conformity to increase, in any way, only increases the existing problem and therefore, it was his considered opinion, that ordinances that control or restrict the increases in non -conformities were necessary and extremely beneficial, not only to the governmental entities involved, but also, to the general citizenry as these ordinances over time, tend to rectify past mistakes that allowed the over coverage of land, structures built too close to property lines, excessive heights, little or no drainage, etc., and this would not only over time, lessen the impact created by these issues, but also improve the overall community appearances in these areas, improve drainage, reduce erosion problems, reduce local flooding during storms and attain compliance with the appropriate provisions of the comprehensive plan as adopted by the City of Cape Canaveral. PLANNING AND ZONING BOARD MEETING MINUTES NOVEMBER 13, 1996 PAGE 4 Mr. Moran added that these structures, as existing, could legally almost double in size, since there was adequate room on these lots to do so. He questioned why the City would want to change the code and extend a non -conformity. He reminded the Board that if an owner could prove that an actual non -imposed hardship exists, then the owner could request approval of a variance. Discussion continued. City Attorney Bennett pointed -out that most of Mr. Barzelatto's concerns were monetarily based because it would be more expensive to build to meet the existing code requirements. Discussion continued. After discussion, the Board concluded to request that the applicant provide data regarding how many non -conforming structures existed within the city (including all residential, commercial and industrial structures), highlighted on a city location map showing where the properties existed. By consensus, the Board would continue discussion regarding this issue when the requested data is provided. 5. Recommendation to City Council to Amend Sections 110-1, 110-276 (4), 110- 296 (4), 110-316 (4), 110-336 (4), 110-356 (4), and 110-372, Lot Coverage of the Cape Canaveral Code of Ordinances. Mr. Moran explained that the existing city codes did not address the issue of total lot coverage other than the definition of "lot coverage". He advised that city staff had prepared a revision to the appropriate sections of the code to address this issue using sound engineering practices and the Model Land Development Code for Florida. He explained the object was to develop a percentage of coverage by impervious surfaces that would continue to allow adequate use of property for the intended purpose while restricting the coverage of the entire or major portion of the area with amenities, i.e. patios, driveways, pool decks, sidewalks, storage sheds and similar items. This approach would take into consideration the issues of drainage, as well as, appearance and did not unreasonably restrict the property owner(s) rights. The Board members reviewed and discussed the requested changes to the specific code sections. After an ensuing discussion, the Board members requested that calculations be provided for the C-1 zoning district, the City Attorney draft an ordinance for the Board's consideration, and this item be tabled until the next meeting. PLANNING AND ZONING BOARD MEETING MINUTES NOVEMBER 13, 1996 PAGE 3 6. Discussion Re: Cellular Telecommunication Towers. City Attorney Bennett advised that this issue was considered zoning in progress. He explained that he had been requested by the City Manager to research and prepare an ordinance regarding telecommunications to be considered by the Board for recommendation to City Council. There being no further business, the meeting was adjourned at 9:54 P.M. Approved this f 1day of ���. ., , 1996. Beatrice McNeely, Chairpers Susan L. Chapman, Se etary CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING DECEMBER 11, 1996 MINUTES A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on December 11, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Lamar Russell John Fredrickson Donald Bergen Leo Nicholas MEMBERS ABSENT Joe Elliott Jim Lewis OTHERS PRESENT G. J. Moran Kohn Bennett Susan Chapman Approval of Minutes Chairperson Vice Chairperson 2nd Alternate 1st Alternate (Excused) (Unexcused) Building Official City Attorney Secretary Motion by Mr. Russell, seconded by Mr. Bergen to approve the meeting minutes of October 9,1996 as submitted. Vote on the motion carried unanimously. UNFINISHED BUSINESS Recommendation to City Council to Amend Ordinance 03-96, Section 110-493 Access by Inserting Paragraph (a)(3) to Allow a Single Access of up to (35) feet in lieu of 2) openings of 24) feet each. City Attorney Bennett explained that this amendment was considered a housekeeping issue because the paragraph had inadvertently been omitted at the time Section 110-493 was revised. A brief discussion followed. PLANNING & ZONING BOARD MEETING MINUTES DECEMBER 11, 1996 PAGE Motion by Mr. Nicholas, seconded by Mr. Russell to recommend that City Council approve Ordinance 03-96 as presented. Vote on the motion carried unanimously. 2. Recommendation to City Council to Amend Sections 110-1,110-276 (4),110-296 (4),110-316 (4), 110-336 (4),110-356 (4) and 110-372, Lot Coverage. Attorney Bennett explained that as per the Board's request, he had drafted an amendment to add that the maximum impervious surface coverage not exceed 65% and up to 75% if pervious concrete is used. Discussion was held regarding percentages of impervious and pervious lot coverage, types of lot coverage's, stormwater runoff, green area, definition of "lot coverage', percentages of lot coverage's to be allowed, and creating a definition of "unsurfaced area Mr. Moran queried the members as to what percentage of a lot should remain green area and should that percentage be different in each zone (i.e. R-1, R-2, R-3, M-1, C-1). As per the Board's request, city staff would research existing lot coverage's in M-1 and C-1 zoning districts and report their findings back to the Board. Mr. Mike Patel representing Aqua Blue Pools voiced his concern regarding several lots within the city that do not allow space for decking around pool areas. Mr. Moran responded that his proposal would allow room for proper decking around the pool areas. Mr. Moran believed that the decking was not the only reason why the permit was not issued. Mr. Moran would research the permit application and he asked Mr. Patel to contact him at the office for further discussion. By consensus of the Board members, this item was tabled. 3. Recommendation to City Council to Impose a Moratorium on Issuing New Permits for Cellular Telephone or Similar Type Communication Antennas. City Attorney Bennett advised that the City Council asked for recommendation by this Board to consider imposing a moratorium on issuing new permits for cellular telephone or similar type communication antennas. He explained that 120 days should be sufficient to allow time for research. Motion by Mr. Russell, seconded by Mr. Nicholas to recommend to City Council that a 120 day moratorium be placed on issuing new permits for cellular telephone or similar type communication antennas. Vote on the motion carried unanimously. PLANNING & ZONING BOARD MEETING MINUTES DECEMBER 11, 1996 PAGE 4. Consideration to Amend Article V, Section 110-191 (a) & (d) Non -Conformities and 110-193(1) Non -Conforming Structures of the Cape Canaveral Code of Ordinances - Petitioner was Tovan Barzelatto, V.P., Avalon Homes, Inc. Mr. Barzelatto continued his discussion from the previous meeting regarding existing non -conforming structures that were not allowed by present city code to expand the non -conformity. He advised that old non -conforming homes existed in the R-2 and R-3 zoning districts from Washington Avenue south to Grant Avenue. He noted that these non -conforming homes were constructed prior to the city's eight foot setback requirement. Discussion followed regarding consideration to: change the setback requirement for single family homes, located within the R-2 and R-3 zoning districts, that were constructed on smaller lots; allowing non -conforming structures to be extended by increasing the structure within the existing footprint without increasing encroachment within the existing setbacks; creating criteria for minimum impacts to improve appearance, increase living area and establish minimum distance requirements between adjacent structures. After discussion, City Attorney Bennett agreed to draft a proposed ordinance for consideration based on the Board's discussion. There being no further business, the meeting was adjourned at 9:37 P.M. Approved this � day of 199 4eaeeic�e6eely, Cairpers Susan Chapman, Secretary CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MAY 8, 1996 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on May 8, 1996 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairman Arthur Berger Vice Chairman Lamar Russell Donald Bergen John Fredrickson James Lewis 1 st Alternate MEMBERS ABSENT Joe Elliott 2nd Alternate OTHERS PRESENT Leo Nicholas Council Member Rocky Randels Council Member Burt Bruns Council Member Kohn Bennett City Attorney G. J. Moran Building Official Susan Chapman Secretary APPROVAL OF MINUTES: Minutes of March 27th and April 24th, 1996. Motion by Mr. Berger, seconded by Mr. Bergen to approve the meeting minutes of March 27, 1996 as submitted. Motion carried unanimously. Motion by Mr. Berger, seconded by Mr. Russell to approve the meeting minutes of April 24, 1996 with the addendum that the ordinance recommended to City Council establishing a sunset provision on granted special exceptions had not been adopted by the City Council. Motion carried unanimously. PLANNING AND ZONING BOARD MEETING MINUTES MAY 8, 1996 PAGE 2 NEW BUSINESS 1. Site Plan Re -Approval for 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, P.E., Fleis Associates. (Previously Approved by P & Z on December 14, 1994). Mr. Edward Fleis, P.E., project engineer for Sand Dunes Condominiums, noted that delays had been encountered during the regulatory process and therefore, the previously approved site plan had expired. Attorney Bennett explained that the applicant did not request a site plan extension prior to it expiring. Therefore, the site plan needed to be resubmitted and re -approved. Mr. Fleis advised that the alleyway had been successfully vacated, permits from Department of Environmental Protection (D.E.P.) and St. Johns River Water Management District (SJRWMD) had been issued, and the City of Cocoa granted approval to extend the water line. He explained that the site plan had been modified to meet existing code requirements and City staff comments. Mr. Moran, Building Official advised that Stottler, Starmer & Associates (SSA), City Engineers had recommended approval of the re -submitted site plan and all comments from City staff had been adequately addressed. Motion by Mr. Russell, seconded by Mr. Berger to re -approve the site plan for Sand Dunes Condominiums. Motion carried unanimously. 2. Site Plan Modification Approval for BRB Enterprises, Portion of Parcel 2 (245 Challenger Road) - Albert Price, P.E. for Randall May, Owner. Mr. Al Price, P.E., project engineer advised that the site was complete and a Certificate of Occupancy had been issued by the City. Mr. Moran, Building Official explained that during the final inspection, he had noted modifications from the approved site plan. He advised that the approved site plan showed 2" gravel over crushed shell and more trees than that was planted. Mr. Price responded that the gravel would cause interference with the 18 wheelers utilizing the trucking centre and advised that shell would be added as necessary. Mr. Price advised that the trees would be planted during the rainy season as depicted on the site plan. An ensuing discussion was held regarding the requirement to construct a sidewalk along George King Boulevard in front of the property and the $2,343.75 held in escrow. Mr. May, property owner advised that he leased the property along George King Boulevard to the Port Authority. PLANNING AND ZONING BOARD MEETING MINUTES MAY 8, 1996 PAGE 3 Discussion was held regarding extending the two year time limit to construct the sidewalk (a condition of the previously approved site plan), since the extension of George King Boulevard had been delayed. Motion by Mr. Russell, seconded by Mr. Bergen to approve the site plan modification for BRB Enterprises and extend the time for sidewalk construction to when George King Boulevard was substantially completed in front of the property and the City will retain the money currently held in escrow ($2,343.75) until such time that the sidewalk was constructed. Motion carried unanimously. 3. SSgecial Exception Request No 96-08 to Allow a Sports Pub with a 4COP Liquor License at (6799 North Atlantic Avenue) - Petitioner was Steven Alles, Designated Agent. Mr. Alles advised that he owned a 4COP liquor license and was requesting a special exception to allow a sports pub at 6799 North Atlantic Avenue. The Board members reviewed and discussed the staff report submitted by the Building Official. City Attorney Bennett pointed out that all the requirements in Section 110-161 of the Cape Canaveral Code of Ordinances had to be met in order for the applicant to be entitled to a special exception. As outlined in the staff report, two existing establishments (Azteca II and Teasers) owned 4COP licenses and were located within 2,000 ft. of 6799 North Atlantic Avenue. Mr. Alles advised that he wished to go forward with his request. Discussion followed. Motion by Mr. Russell, seconded by Mr. Fredrickson to recommend disapproval of Special Exception No. 96-08 since the request did not meet the minimum distance requirements. Motion carried unanimously. 4. Discussion and Recommendation to Amend Section 110-1 Definitions of the Cape Canaveral Code of Ordinances, Adding of Definition for "Mobile Home". The Board members reviewed the draft provided by City Attorney Bennett to amen Section 110-1 of the Cape Canaveral Code of Ordinances to add the definition of a "mobile home". Discussion followed. Motion by Mr. Russell, seconded by Mr. Bergen to recommend that City Council amend Section 110-1 by adding the definition of mobile home, as provided by the City Attorney. Motion carried unanimously. PLANNING AND ZONING BOARD MEETING MINUTES MAY 8, 1996 PAGE 4 5. Discussion Re: Street Lights for New Developments Councilman Randels voiced his concerns regarding lack of street lighting in new developments. He explained that residents often requested that the City Street department install street lights on along roadways. Mr. Randels suggested that the City adopt an ordinance to require street lighting in large developments that require site plan approval. Discussion followed. By consensus of the Board members, the City Attorney, with assistance from the Building Official, would draft a recommendation for consideration to incorporate the requirement for street lighting in new developments. 6. Discussion and Recommendation to Allow Clubs Lodges and Personal Service Establishments in the M-1 Zoning District by Special Exception Mr. Russell voiced his opinion that the City should consider allowing additional uses within the M-1 zoning district to attract new businesses along the main City corridors, specifically along the southwest end of the City along Center Street. The Board members reviewed a draft, provided by Attorney Bennett, to allow clubs, lodges and personal service establishments in the M-1 zoning district. Discussion followed. An ensuing discussion was held regarding creating a C-2 zoning district which would allow both M-1 and C-1 uses. Discussion continued. Motion by Mr. Berger, seconded by Mr. Russell to recommend the ordinance draft be forwarded to the City Council for consideration. Discussion followed. Vote on the motion was as follows: Beatrice McNeely, for Donald Bergen, against Arthur Berger, for John Fredrickson, against Lamar Russell, against Motion failed. A brief discussion was held regarding a special meeting that had been scheduled for May 16, 1996 at 7:00 P.M. by the City Council for discussion regarding duties of the Planning & Zoning Board and Board of Adjustments. PLANNING AND ZONING BOARD MEETING MINUTES MAY 8, 1996 PAGE 5 There being no further business, the meeting was adjourned at 9:40 P.M. Approved this day of 22�1996. 0.1 Beatrice McNeely, Chairman L Susan L. Chapman, Se retary