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HomeMy WebLinkAboutP&Z Board 1989 Minutes CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JANUARY 11 1989 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on January 11 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Lamar Russell The Secretary called the roll MEMBERS PRESENT Lamar Russell Chairman Arthur Berger Vice Chairman Chris Beck Richard Thurm Gene Powell Sharon Lard First Alternate Peggy Cefalo Second Alternate OTHERS PRESENT Rohn Bennett Deputy City Attorney Joy Salamone Mayor Bob Hoog Mayor Pro-Tem Rocky Randels Councilmember Steve Miller Councilmember Leo Nicholas City Manager Jim Morgan Building Official Patti Bell Secretary Ms Berger moved to approve the minutes of December 14 1988 Ms Beck seconded motion Motion carried unanimously UNFINISHED BUSINESS 1 Request No 89-1 Special _ Exception to Construct Townhouses in a C-1 Zone Sec 14 , Twp 24S Rhe 37E, Lot A-18 , Tuten s Subdivision (Located at 8815 N Atlantic Avenue) Petitioner is Clifton L Gurr, Owner Chairman Russell pointed out pertinent information regarding the location of the site and the street outlets Discussion followed Ms Beck moved to table this item since Mr Gurr was not present at the meeting Mr Thurm seconded the motion Motion carried unanimously NEW BUSINESS 1 Final Plat Review - Sea Monica II , 6 Units , Lots 1 , 2 , 3 & W 1/2 of 4 , Block 30 , Avon By The Sea - Clifford S Ray Mr Thurm moved to approved the final plat Mr Powell seconded the motion Motion carried unanimously Planning & Zoning Board Regular Meeting January 11 1989 Page 1 of 2 UNFINISHED BUSINESS 1 Ordinance No 19-88 Amending the Zoning Regulations by Establishing Planned Unit Development Regulations Chairman Russell gave a brief overview on the Comprehensive Plan Recently adopted by the City He explained the Land Use Element of the plan recommends innovative planning specifically Planned Unit developments He noted this was written into the plan according to the guidelines set forth by the State of Florida Department of Community Affairs He noted that the PUD Ordinance was written to implement the provision in the Comprehensive Plan for Planned Unit Developments He further noted that the Board worked with the Treasure Island residents and the developer over a four-month period before submitting the proposed PUD ordinance to Council Mr Russell noted that at the first reading and public hearing of the Ordinance by the City Council several comments were heard from residents objecting to the mixing of commercial and residential uses Therefore the Council sent the Ordinance back to the Planning and Zoning Board for fine tuning but did not offer specific guidelines as far as what changes to make Mr Russell invited those present to give their comments on the proposed PUD ordinance Those who voiced their support for the present ordinance were Councilman Hoog Mr Powell Mr Peter Kenkel Mr John Gerard Mr Donald Haynes and Mr Stan Cameron Mayor Salamone Ms Jo Townsend Mrs Woodside and Mr Van Cott gave opposing views citing the all suite resort segment as an invitation for daily rentals within the City Ms Salamone also pointed out that a bond for performance and completion of work needed to be examined further Following a discussion on rezoning possibilities Chairman Russell stated the Board should consider the changes which would be most beneficial for the majority of the people He requested the proposed ordinance be discussed further at the next meeting There being no further business the meeting adjourned at 8 50 P M q Approved as amended this TH day of 4,e,�ruc�,t,� q I 1989 Chairman Secretary Planning & Zoning Board Regular Meeting January 11 1989 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JANUARY 25 1989 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on January 25 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Lamar Russell The Secretary called the roll MEMBERS PRESENT Lamar Russell Chairman Richard Thurm Sharon Lard First Alternate MEMBERS ABSENT Arthur Berger Vice-Chairman Chris Beck Gene Powell Peggy Cefalo Second Alternate OTHERS PRESENT Kohn Bennett Deputy City Attorney Joy Salamone Mayor Bob Hoog Mayor Pro-Tem Rocky Randels Councilmember Leo Nicholas City Manager Jim Morgan Buildinq Official Patti Bell Secretary Chairman Russell asked if their were any additions or corrections to the previous meetings minutes Ms Lard questioned the two sentences referring to the Treasure Island Club under Item 1 Unfinished Business of the minutes Discussion followed Mr Thurm moved to postpone the minutes for further review Ms Lard seconded the motion Motion carried unanimously NEW BUSINESS 1 Site Plan Review - Tech-Vest , Inc Phase IV, 400 W Central Boulevard, Parcel _78_6 Sec 15 Twp_ 245, Range 37E Applicant - Edward L Hradesky Mr Morgan stated that certain items on the site plan still needed to be addressed before approval by the City Engineer Mr Thurm moved to table this item until all questions from the City Engineer were answered Ms Lard seconded the motion Motion carried unanimously Planning & Zoning Board Regular Meeting January 25 1989 Paqe 1 of 2 UNFINISHED BUSINESS 1 Ordinance No 19-88 Amending_ the Zoning Regulations by Establishin_g_Planned Unit Development Regulations Chairman Russell conducted a workshop format on the ordinance and various paragraphs and sentences referring to commercial use in the proposed Planned Unit Development Regulations were deleted On page 1 Section 640 01 Paragraph 1 the verbiage as well as commercial uses and Paragraph F on the same page was deleted Page 2 under Section 640 03 the paragraph pertaining to All Suite Resort Complex was deleted Paste 3 Section 640 03 the words and compatible were deleted from the definition Planned Unit Development or PUD and words commercial area were deleted from the definition Tract Also on that page under Section 640 05 Paragraphs B & C (including all subparagraphs under C) were deleted On Page 4 Section 640 07 Paragraph A the words of the above were deleted On page 5 Section 640 09 (A 2) regarding minimum sizes for commercial uses was deleted On page 6 Paragraph 2 under Section 640 09 equestrian trails was deleted On page 8 Paragraph F and parts of Paragraph G pertaining to Hotel and Motel units and All Suite Resort Complex were deleted Discussion followed on the density requirements set forth in the proposed ordinance Chairman Russell polled the members of Council present on minimum lot size for detached single family structures Mr Hoog was in favor of the proposed minimum lot size of 6000 square feet while Ms Salamone and Mr Randels favored an increase to 7500 square feet Mr Hoog pointed out that the elimination of all commercial uses in the PUD was not what the majority of the Council members endorsed Chairman Russell noted that further revisions would be necessary and asked Mr Bennett Deputy City Attorney to compose a draft of the revised ordinance Mr Nicholas distributed a list of steps a developer would need to follow in order to gain approval of a proposed Planned Unit Development and asked Chairman Russell if this was in keeping with the ordinance Mr Russell agreed that the list illustrated the procedure specified in the ordinance Chairman Russell requested that those present along with the Planning and Zoning Board review the proposed changes for further discussion at the next meeting There being no further business the meeting adjourned at 9 55 P M Approved as amended this 8th day of February 1989 Chairman Secretary Planning & Zoning Board Regular Meeting January 25 1989 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING FEBRUARY 8 1989 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on February 8 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Lamar Russell The Secretary called the roll MEMBERS PRESENT Lamar Russell Chairman Arthur Berger Vice Chairman Gene Powell Richard Thurm Sharon Lard First Alternate Peggy Cefalo Second Alternate OTHERS PRESENT Kohn Bennett Deputy City Attorney Joy Salamone Mayor Bob Hoog Mayor Pro-Tem Leo Nicholas City Manager Patti Bell Secretary Ms Lard ~roved to approve the minutes of January 11 1989 with the changes suggested by the City Clerk Mr Thurm seconded the mot-on Motion carried unanimously The minutes as amended were approved Chairman Russell recommended approving the minutes of January 25 1989 with two revisions 1) Page 3 Section 640 03 the words and compatible were deleted from the definition Planned Unit Development or PUD and the words commercial area were deleted from the definition Tract 2) On Page 4 Section 640 07 Paragraph A the words of the above were deleted Mr Thurm moved to approve the minutes as corrected Ms Lard seconded the motion Motion carried unanimously NEW BUSINESS 1 Request No 89-2 Special Exception to Locate Two Office Trailers at Pan Am World ServocesL 7315_N Atlantic Av_e Sec 22/23 Twp 24 S ,�Rge 37E Petitioner is Charles R_ Borders for Pan Am World Services Mr Charles Border petitioner and representative for Pan Am World Services explained their need for additional office space He pointed out that they were physically unable to expand their facilities and their need was a temporary one with some leasing space becoming available in July 1989 Discussion followed It was pointed out that the City Zoning Regulations do not provide for this Special Exception in an M-1 or C-1 Zone Mr Thurm voiced the opinion that this would set a precedent opening the door to parking office trailers around the City Chairman Russell told Mr Borders that the Board sympathized with his situation but could find no regulations to support a Special Exception Discussion followed Planning & Zoning Board Regular Meeting February 8 1989 Page 1 of 3 Mr Russell Lloyd Chairman of the Board of Adiustment cited a case when the American Bank used a trailer to maintain their business temporarily while the bank was being constructed as a similar problem Discussion continued Mr Thurm roved to disapprove the Special Exception Ms Lard seconded the motion Motion carried unanimously 2 Preliminary Plat Approval - San Tomas Villas II Phase II , 4 Jnits Lots 13 _& 14 _ Block 7- Avon-By-The-pea - & W Construction After review Mr Beraer moved to approve the plat Ms Lard seconded the motion Motion carried unanimously 3 Site Plan _ Review - San Tomas Villas II , Phase II , 4 Units Lots 13 & 14 Block 7 Avon-By-The-Sea - O & W Construction Mr Quinn explained the interior units were smaller due to the required amount of parking spaces for each unit Discussion followed Mr Thurm moved to approve the plan Mr Berger seconded the motion Motion carried unanimously UNFINISHED BUSINESS 1 Ordinance No 19-88 _Am_e_nd;L the Zoning Regulations by Establishing Planned Unit Development Regulations (continued from 1-25-89 Chairman Russell advised the Board they could recommend approval of the current draft of the PUD which was entirely residential to the Council or continue to work on a draft of the PUD including some commercial use Discussion followed Mr Thurm commented that since Ross of Brevard was not involved with the Treasure Island concept there was no rLsh in adopting the Ordinance He recommended tabling the item Chairman Russell pointed out the need to adopt the PUD Ordinance in order to comply with the Compreshensive Plan Mr Powell spoke in favor of a PUD Ordinance with commercial use Mr Berger recoTmemded submittina the proposed RPUD ordinance to the Council and following it with recommended amendments includina commercial use Discussion followed Mr Russell Lloyd Board of Adjustment Chairman spoke in favor of the revised Residential PUD Mr Hooa voiced his support for a PUD Ordinance including commercial use stating a need for variety within the City Discussion followed Ms Lard moved to recommend approval of the revised PUD Ordinance to City Council Mr Berner seconded the motion Vote on the motion was as follows In favor Mr Berger Ms Lard Mr Russell and Mr Thurm Opposed Mr Powell Motion carriea Plannina & Zoning Board Regular Meeting February 8 1989 Paae 2 of 3 DISCUSSION Mr Powell asked for an item to be placed on the agenda for the next meeting discussing an amendment to the PUD to include some commerical use Chairman Russell noted that a discussion of provisions for temporary business additions in M-1 and C-1 zones would also be discussed at the next meeting There being no further business the meeting adjourned at 10 10 P M Approved this 2 2-Na day of - 1989 7L a..,nQ/i 444�ed Chairman Secretary Planning & Zoning Board Regular Meeting February 8 1989 Page 3 of 3 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING FEBRUARY 22 1989 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on February 22 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Lamar Russell The Secretary called the roll MEMBERS PRESENT Lamar Russell Chairman Arthur Berger Vice Chairman Gene Powell Richard Thurm Sharon Lard First Alternate Peggy Cefalo Second Alternate OTHERS PRESENT Rohn Bennett Deputy City Attorney Bob Hoog Mayor Pro-Tem James Morgan Building Official Patti Bell Secretary Mr Berger moved to approve the minutes of the February 8 1989 meeting Ms Lard seconded the motion Motion carried unanimously UNFINISHED BUSINESS 1 Request No 89-1 Special Exception to Construct Townhouses in a C-1 Zone, Sec 14 , Twp 24S, Rge 37E, Lot A-18 , Tueton s Subdivision (Located at 8815 N Atlantic Avenue) Petitioner is Clifton L Gurr, Owner (Postponed 1-11-89) Mr Gurr was questioned regarding the general appearance and construction materials to be used on the proposed townhouses Mr Gurr concurred that he would comply with all recommendations made by the Board and all City requirements concerning parking size of the units construction materials and garages Discussion followed Mr Berger recommended approval of Request No 89-1 with the following contingencies 1) that all townhouse units shall be concrete block construction 2) ingress & egress shall be on existing roadway 3) a minimum 1000 square feet per unit 4) two car garages 5) there shall be variation in the setbacks Mr Powell seconded the motion Motion carried unanimously Planning & Zoning Board Regular Meeting February 22 1989 Page 1 of 3 2 Site Plan Review - Tech-Vest Inc Phase IV 400 W Central Boulevard, Parcel 786 , Sec 15, Twp 245 , Range 37E, Applicant - Edward L Hradesky (Postponed 1-25-89) Mr Bruce Ellis representative for the petitioner provided information on the project concerning the retention calculations amount of employees and the commercial usage He explained that Imperial Research & Development Co manufactured waterproof products for several companies He noted that he and Mr Hradesky had met with the City Engineer who had approved the site plan contingent on some minor changes Mr Thurm moved to approve the site plan subject to correction of the stems noted by the City Engineer Mr Berger seconded the motion Motion carried unanimously NEW BUSINESS 1 Request No 89-3 Special Exception for Package Retail Sales of Alcoholic Beverages for Off-Premise Consumption at Church Street Center, 8177 North Atlantic Avenue (#3) , Sec 23 , Twp 24S , Rge 37E, Parcel 254 Petitioner is Lawrence W Schryer for Church Street Center, Inc Mr Schryer s Attorney Mr Giovani pointed out that the request complied with the current City Ordinances on distant require- ments parking and zoning Discussion followed Mr Thurm moved to recommend approval of Request No 89-3 Ms Lard second the motion Motion carried unanimously DISCUSSION 1 Discussion Re Amending Proposed PUD Ordinance to Include Commercial Use Deputy City Attorney Bennett recommended tabling this item until Council had a chance to review the proposed ordinance Item was tabled for a later date 2 Discussion Re Amending Zoning Regulations Regarding Temporary Business Additions in M-1 and C-1 Zones Chairman Russell explained that because of prior requests for temporary business additions and the limitations within the City Ordinances to address them there was a need to establish regulations concerning this issue Mr Bennett pointed out that three items should be addressed within the regulation time period extension of time period and consistent use with the type of business Discussion followed Chairman Russell requested that the City Attorney work on a draft including all the items that had been discussed Chairman Russell noted that an item was inadvertently left off the agenda and asked if there were any objections to hearing the following There being none the item was added to the agenda Add-On Item Motion Re Plat Approval , Atlantis Subdivision, Tract 12, Replat of Chandler Park, Sec 14, Twp 24S , Rge 37E- David W Haynes After review Mr Berger moved to approve the plat Mr Powell seconded the motion Motion carried unanimously Planning & Zoning Board Regular Meeting February 22 1989 Page 2 of 3 There being no further business the meeting adjourned at 9 00 P M Approved this g day of OAC.L 1989 Chairman Secretary Planning & Zoning Board Regular Meeting February 22 1989 Page 3 of 3 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MARCH 8 1989 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on March 8 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Lamar Russell The Secretary called the roll MEMBERS PRESENT Lamar Russell Chairman Arthur Berger Vice Chairman Gene Powell Richard Thurm Peggy Cefalo Second Alternate MEMBERS ABSENT Sharon Lard First Alternate OTHERS PRESENT Kohn Bennett Deputy City Attorney Bob Hoog Mayor Pro-Tem James Morgan Building Official Patti Bell Secretary Mr Berger moved to approve the minutes of the February 22 1989 meeting Ms Cefalo seconded the motion Motion carried unanimously NEW BUSINESS 1 Request No 89-4 Special Exception to allow outside display area at Mod Furniture, 7032 N Atlantic Ave Sec 23, Twp 245 , Rge 37E, Block 65 , Lots 9 & 10 , west 1/2 of Lot 11 , Petitioner is Ballard F Beasley, Sr , Owner Chairman Russell referred to Section 647 J (1 & 2) of the Zoning Ordinance which refers to retail stores and display items Mr Thurm voiced some concern regarding display items in the setbacks Discussion followed Chairman Russell advised postponing the item until the applicant was present He further requested the applicant submit a diagram depicting the outside display area within the current setbacks and lot coverage calculations Mr Thurm so moved Ms Cefalo seconded the motion Motion carried unanimously 2 Request No 89-5 Special Exception to allow outside display area at Luckey Trader, 7006 N Atlantic Ave Sec 23 , Twp 24S , Rge 37E, Block 65, Lots 9 & 10 , west 1/2 of Lot 11 , Petitioner is Ballard F Beasley, Sr , Owner Mr Berger moved to postpone this item and request the additional information from the applicant as in the previous request Ms Cefalo seconded the motion Motion carried unanimously Planning & Zoning Board Regular Meeting March 8 1989 Page 1 of 2 DISCUSSION 1 Discussion Re Amending Zoning Regulations Regarding Temporary Business Additions in M-1 and C-1 Zones Mr Bennett requested this item be postponed He distributed copies of a draft of the amendment and requested that the Board review it before the next meeting 2 Discussion Re Parking areas , compact cars Mr Morgan stated that Rockwell International was in the planning stages of constructing a large building within the City and had inquired about the possibility of 25% of the parking lot coverage being devoted to compact car spaces He pointed out that he had researched other large parking areas within the City and noted that 25% was a conservative amount for compact cars Discussion followed Chairman Russell recommended that the applicant submit a preliminary site plan of the parking area and request an ordinance change at that time 3 Discussion/Workshop Re Processing a Variance Chairman Russell discussed key aspects involved in processing a variance He defined a variance as official permission to bypass regulations and specific permission to make non-conforming use of zoned property He pointed out that the applicant must prove there is a hardship being placed on him and that literal use of the land as it is proposed would be unfair He also stated by use of a variance the landowner would be conforming with other land use in the neighborhood He explained the difference between a variance and a special exception DISCUSSION Attorney Bennett requested an add-on item to accept an easement between Long Point Road and Columbia Drive Mr Thurm moved to add the item to the agenda Mr Berger seconded the motion Motion carried unanimously Add-On Item Acceptance of Easement Mr Bennett distributed copies of a proposed resolution to all board members which they reviewed Mr Berger moved to recommend the City accept the easement Mr Powell seconded the motion Motion carried unanimously Mr Morgan discussed an idea presented by John Allen of Allen Engineering using a T shape cul-de-sac in contrast to the customary rounded shape He pointed out this concept on a preliminary site plan and noted that it had been used in other parts of the county with much success Discussion followed It was the consensus of the Board that Mr Allen could proceed with the concept There being no further business the meeting adjourned at 8 50 P M Approved this ,22 Nn day of MARCt4 1989 Awa,t 26� Chairman ecretary Planning & Zoning Board Regular Meeting March 8 1989 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MARCH 22 1989 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on March 22 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Lamar Russell The Secretary called the roll MEMBERS PRESENT Lamar Russell Chairman Arthur Berger Vice Chairman Richard Thurm MEMBERS ABSENT Gene Powell Sharon Lard First Alternate Peggy Cefalo Second Alternate OTHERS PRESENT Kohn Bennett Deputy City Attorney Bob Hoog Mayor Pro-Tem James Morgan Building Official Evelyn Hutcherson Secretary Mr Berger moved to approve the minutes of the March 8 1989 meeting Mr Thurm seconded the motion Motion carried unanimously UNFINISHED BUSINESS 1 Request No 89-4 Special Exception to allow outside display area at Mod Furniture, 7032 N Atlantic Ave Sec 23 , Twp 245 , Rae 37E, Block 65, Lots 9 & 10 west 1/2 of Lot 11 , Petitioner is Ballard F Beasley, Sr , Owner Chairman Russell stated that this item was postponed from the March 8th meeting so that the applicant could be present to provide information on off-street parking setback requirements and lot coverage Mr John Beasley Building Manager of Palm Bay outlined the information submitted depicting display area setbacks parking layout and allocation of parking spaces Discussion followed It was agreed that the display area (97 square feet) met the lot coverage requirements and adequate off-street parking had been allocated Mr Thurm expressed his concern over the enlargement of a nonconforming use It was determined that the building was a non-conforming structure The use is permitted in a C-1 Zone The encroachment into the required setback was discussed Mr Morgan noted that the building was approved and constructed with a 28 foot setback The question of whether to use the setback requirements at the time of construction or the current 50 foot Planning & Zoning Board Regular Meeting March 22 1989 Page 1 of 3 setback requirement was raised The City Attorney advised that he needed to research case law on this question Mr Thurm moved that the case be postponed until the next meeting to allow the City Attorney time to research case law Mr Berger seconded the motion Motion carried unanimously 2 Request No 89-5, Special Exception to allow outside display area at Lucky Trader, 7006 N Atlantic Ave , Sec 23 Twp 245 , Rge 37 E, Block 65, Lots 9 & 10 , west 1/2 of Lot 11 , Petitioner is Ballard F Beasley, Sr Owner Since this request was similar to the preceding one Mr Thurm moved that Request No 89-5 be postponed Mr Berger seconded the motion Motion carried unanimously DISCUSSION 1 Discussion Re Amending Zoning Regulations Regarding Temporary Business Additions in M-1 and C-1 Zones The length of time allocated on a temporary permit and the procedure to be followed in requesting an extension of the permit was discussed Chairman Russell suggested that input be obtained from the Zoning Board of Adjustment prior to making a recommendation This item will be discussed at the next meeting 2 Discussion Re Long Point Road Decision Chairman Russell noted that the agenda item should be changed to read Definition of the word consistent He explained a definition of the word consistent as it relates to the term consistent with the land use plan was needed Since two add on items had been requested he suggested that this item be postponed until the next meeting Chairman Russell requested an add-on item to discuss the preliminary site plan for the Rockwell Service Center Facility Mr Thurm moved to add the item to the agenda Mr Berger seconded motion Motion carried unanimously Add-On Item Preliminary Site Plan Rockwell Service Center Facility Mr Rosier Patrick Vice President Clifton Construction Company stated that the site plan was complete and approximately 80% of the construction plans for the building He noted that they had obtained an emergency permit from St Johns Water Management and were demucking the area The proposed facility will contain 160 000 sq ft house up to 2 500 employees and provide parking for 489 vehicles with limited access from A1A (shipping receivinq and employees to use Central Blvd) He pointed out that a percentage of the parking spaces were designated as compact car parking A discussion followed on lot coverage parking landscaping parking areas traffic flow and storm water retention Chairman Russell requested that a representative from Rockwell be present at the next meeting Chairman Russell requested an add-on item to discuss a proposed hotel project Mr Berger moved to add the item to the agenda Mr Thurm seconded motion Motion carried unanimously Add-On Item Western Inns Hotel Pro3ect Mr Donald Watson Sulphur Springs Texas stated that Western Inns were considering a parcel at the northwest corner of Astronaut and Central Blvds and several items needed to be addressed prior to site plan submittal Planning & Zoning Board Regular Meeting March 22 1989 Page 2 of 3 (1) Placement of elevator housing on top of structure The Building official explained that height of the elevator housing would not be included in determining the height of the building (2) Sale of approximately 1 3 acre of property for a restaurant Since it is not the policy of Western Inns to operate restaurants they request permission to sell a portion of the five acres for a restaurant Attorney Bennett inquired if a long term lease had been considered (3) Square footage requirement for rooms and number of rooms Mr Watson noted that of the 110 rooms planned 38 rooms do not meet the 300 sq ft minimum room size 29 king-size rooms (209 sq ft) and 9 rooms (271 sq ft) Mr Watson requested an answer to the above questions within three-ia three months Chairman Russell advised the Board not to attempt to make these changes to the zoning ordinance There being no further business the meeting adjourned at 9 40 P M Ceh-�aCH Approved this 12 day of 1989 Chairman S cretary Planning & Zoning Board Regular Meeting March 22 1989 Page 3 of 3 - r CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING APRIL 12 1989 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on April 12 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Lamar Russell The Secretary called the roll MEMBERS PRESENT Lamar Russell Chairman Arthur Berger Vice Chairman Peggy Cefalo Richard Thurm John Cummings First Alternate MEMBERS ABSENT Gene Powell Wayne Howard Second Alternate OTHERS PRESENT Kohn Bennett Deputy City Attorney Joy Salamone Mayor Bob Hoog Mayor Pro-Tem Leo Nicholas City Manager James Morgan Building Official Evelyn Hutcherson Secretary A typographical error was noted on page three of the minutes Mr Thurm moved to approve the minutes of the March 22 1989 meeting as corrected Ms Cefalo seconded the motion Motion carried unanimously UNFINISHED BUSINESS 1 Request No 89-4 Special Exception to allow outside display area at Mod Furniture 7032 N Atlantic Ave , Sec 23 , Twp 24S , Rge 37E, Block 65, Lots 9 & 10 , west 1/2 of Lot 11 , Petitioner is Ballard F Beasley Sr , Owner 2 Request No 89-5, Special Exception to allow outside display area at Lucky Trader, 7006 N Atlantic Ave Sec 23 , Twp 24S , Rge 37 E Block 65 Lots 9 & 10 west 1/2 of Lot 11 Petitioner is Ballard F Beasley, Sr , Owner Chairman Russell stated that the petitioner had requested that Items 1 and 2 be postponed until the next meeting to afford them an opportunity to obtain another attorney since their attorney was affiliated with the City Attorney s office Mr Thurm moved to table Request No 89-4 and Request No 89-5 until the April 26 1989 meeting Ms Cefalo second the motion Motion carried unanimously Planning & Zoning Board Regular Meeting April 12 1989 Page 1 of 4 NEW BUSINESS, 1 Preliminary Plat Approval - Sea Monica I , Part of Lot 2 and all of Lot 2 , Block 30 , Avon-By-The-Sea (SE corner Monroe and Ridgewood Avenues) - Clifford S Ray Chairman Russell questioned the dotted lines on the plat Mr Ray stated that the lines denoted an easement that was defined in Item 4 of the surveyor s notes Mr Berger questioned the depth of the lots noting that the minimum lot depth for a townhouse was 70 feet Mr Ray stated that he had discussed the layout of the lots with Mr Morgan and was not aware of the 70-foot requirement He pointed out that he had reduced the density of the property seven units were allowed and he had platted six Alternatives to the lot layout were discussed Mr Ray inquired about the possibility of obtaining a variance Mr Russell outlined the guidelines for a variance noting that a hardship could not be created by the applicant Mr Morgan stated that he would work with Mr Ray on a solution to the problem 2 Preliminary Plat Approval - Sea Monica III , West 1/2 of Lot 3 and East 1/2 of Lot 4 , Block 30 , Avon-By-The-Sea (SE corner Monroe and Ridgewood Avenues) - Clifford S Ray After review Ms Cefalo moved to approve the plat Mr Thurm seconded motion Motion passed unanimously 3 Site Plan Review - C P By the Sea ( 8 units) , Lot 7 , Block 5 , Cape Canaveral Beach Gardens (East of 283 East Central Blvd) - Charles W Pindziak Mr Morgan reported that he had not received comments from Briley Wild on the revised site plan submittal and that he had been unable to reach Scott Spooner Mr Jeff Kammerude representing Dr Pindziak pointed out that all items in the first review by Briley Wild had been addressed and corrected He added that the two parking spaces in the existing garage had been eliminated two uncovered spaces had been provided and the 24-foot driveway had been verbally approved Mr Berger moved that the site plan be approved contingent upon all comments from Briley Wild being favorably answered Mr Thurm seconded motion Motion passed unanimously 4 Site Plan Review - Rockwell Service Center Part of Parcel 750 , Section 15, Township 24 S , Range 37 E (8550 Astronaut Boulevard) - Cape Canaveral Joint Venture Mr Russell noted that this was an add-on item at the last meeting Mr John Washington Coordinator of Construction for Rockwell explained that they planned to employ approximately 700 people at the service center with 300 to 330 people being housed in Building 1 He noted that 150 people would be on the second shift A question was raised on the utilization of the building Mr Washington pointed out that the facility would be used for maintenance not manufacturing and the only hazardous waste would be freon The hazardous waste storage area is already in place in the adjoining building Discussion followed on the effect the project would have on traffic impact Mr Washington noted that they would stagger the shifts and A1A would be used for ingress and Central Boulevard for egress Planning & Zoning Board Regular Meeting April 12 1989 Page 2 of 4 Chairman Russell explained that Central Boulevard was the main east-west artery on the north side of the City and inquired if Rockwell would provide a traffic signal if it were needed The cost of the signal was discussed Mr Washington agreed to provide the signal upon approval from the Department of Transportation Utilization of compact parking spaces was discussed Chairman Russell noted that it would require an ordinance change to permit compact parking spaces Mr Clifton stated that arrangements could be made to utilize 23 of the spaces at the adjacent building Landscaping storm water retention and the drainage canal were discussed Mr Clifton stated that 85% of the palm trees were being replanted around the parameter of the property and the landscaping package would be completed April 17th Mr Hassan noted that there would be no off-site discharge as the project was designed to retain nine inches of rain Mr Berger moved to approve the site plan subject to the following conditions (1) Rockwell will fund a traffic signal when the Department of Transportation studies are complete (2) Parking must adhere to standard spacing until an ordinance change on parking space size is effected (3) Parking lot tree requirements are met and (4) Requirements of the City Engineer are met Mr Cummings seconded the motion Motion passed unanimously DISCUSSION 1 Discussion Re Amending Zoning Regulations Regarding Temporary Business Additions in M-1 and C-1 Zones Chairman Russell requested that this item be postponed since he had not received input from the Board of Adjustment because their meeting had been cancelled 2 Discussion Re Definition of the word Consistent Chairman Russell gave a brief history of the adoption of the City s Comprehensive plan and outlined the circumstances of the Long Point Road Decision He stressed the necessity to ensure that any land use changes be implemented into the Comprehensive Plan prior to rezoning Chairman Russell requested an add-on item to revise parking regulations Mr Berger moved to add the item to the agenda Mr Thurm seconded motion Motion carried unanimously Add-On Item Draft of Ordinance to Revise Parking Regulations The minimum space size requirement the percentage of spaces allowed and number of spaces required to allow compact parking spaces were discussed Mr Thurm moved to instruct the City Attorney to draft an ordinance to revise the Zoning Ordinance to include compact car parking spaces Mr Berger seconded the motion Motion passed unanimously Planning & Zoning Board Regular Meeting April 12 1989 Page 3 of 4 There being no further business the meeting adjourned at 9 40 P M Approved this 26-r'4 day of 1989 Chairman Se etary Planning & Zoning Board Regular Meeting April 12 1989 Page 4 of 4 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING APRIL 26 1989 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on April 26 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Lamar Russell The Secretary called the roll MEMBERS PRESENT Lamar Russell Chairman Arthur Berger Vice Chairman Gene Powell Richard Thurm John Cummings First Alternate MEMBERS ABSENT Peggy Cefalo Wayne Howard Second Alternate OTHERS PRESENT Kohn Bennett Deputy City Attorney Joy Salamone Mayor Bob Hoog Mayor Pro-Tem Leo Nicholas City Manager James Morgan Building Official Evelyn Hutcherson Secretary A typographical error was noted on page one of the minutes Mr Berger moved to approve the minutes of the April 12 1989 meeting as corrected Mr Cummings seconded the motion Motion carried unanimously UNFINISHED BUSINESS 1 Request No 89-4 Special Exception to allow outside display area at Mod Furniture , 7032 N Atlantic Ave—, Sec 23 , Twp 245 , Rge 37E, Block 65 , Lots 9 & 10 , west 1/2 of Lot 11 , Petitioner is Ballard F Beasley_ Sr Owner (Postponed 4-12-89) Chairman Russell explained that this item had been postponed at the last meeting to allow the petitioner an opportunity to obtain an attorney It was the consensus of the Board to proceed with this request even though the petitioner was not represented Attorney Bennett noted that the three requirements of Section 637 51 (J) were parking setbacks and lot coverage He stated that he had researched the Code and the setback had not changed and the requested display area would not meet the 50-foot requirement Discussion followed on the setback encroachment and the possible safety hazard Mr Berger moved that Request No 89-4 be denied Mr Thurm seconded the motion Motion carried unanimously Plannina & Zoning Board Regular Meeting April 26 1989 Page 1 of 3 2 Request No 89-5 Special Exception to allow outside display area at Lucky Trader , 7006 N Atlantic Ave Sec 23 Twp 24S , Rae 37 E Block 65 Lots_9 & 10 west 1/2 of Lot _11� Petitioner is Ballard F Beasley Sr Owner (Postponed 4-12-89) Mr Thurm moved that Request No 89-5 be denied Mr Cumminas seconded the motion Motion carried unanimously DISCUSSION 1 Motion Re Proposed Ordinance to Revise Section 632 01 of the Zoning Code to include compact car parking Attorney Bennett explained the proposed ordinance revision The required number of spaces the minimum square footage of paved area and the allowable use zones for compact car parking were discussed Mr Berger moved that a recommendation be made to Council to allow compact parking spaces in M-1 and C-1 zones In sites which contain required parking of 400 or more spaces as follows 25`k of those spaces may consist of a minimum paved area of 160 square feet for parking of compact cars only Mr Powell seconded the motion Motion carried unanimously 2 Discussion Re Revision of Sea Era Sands Site Plan required_ by the Department-of Natural Resources Mr Morgan explained that the Sea Era Sands site plan had been revised to meet the requirements of the Department of Natural Resources He noted that the density had been reduced from 39 to 36 units and that six parkina spaces had been eliminated It was recommended that this item be placed on the agenda for the May 10 1989 meetina for approval of the revisions 3 Discussion_Re Inquiry from Western Inns for an extension of C-1 Zone in the northeast _portion of the City Mr Larry Maroney Parnell Company representing Western Inns stated that they had revisited the site at the northwest corner of West Central and Astronaut Boulevards and expected to have the site plan ready for submittal within two weeks He noted that they had increased the number of rooms to 150 Chairman Russell reiterated the Boards position in adherina to the current zoning requirements for a hotel Mr Maroney requested input from the Board on the possibility of extendina the C-1 Zone at the northeast limits of the City noting that the existing boundary was approximately one-quarter mile from the ocean Discussion followed Chairman Russell explained the procedure for a zoni.na change OPEN DISCUSSION Chairman Russell inquired if the Board would like to discuss how to treat a variance Mr Berqer suggested that the item be scheduled so that all members and alternates could be present Mr Cummings requested clarification on the Long Point Road decision Discussion followed Mr Nicholas pointed out that the nine-acre tract on the Banana River at the end of Long Point Road had been deeded to the City for a park He added that the property would be left in its natural state to protect the environment Planning & Zoning Board Regular Meetina April 26 1989 Paae 2 of 3 There being no further business the meeting adjourned at 8 40 P M Approved this DOTH day of � 1989 Chairman S retary Planning & Zoninq Board Regular Meeting April 26 1989 Pacre 3 of 3 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MAY 10 1989 A Regular Meeting of the Planning & Zonina Board of the City of Cape Canaveral Florida was held on May 10 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Lamar Russell Mr Russell announced that Peqgy Cefalo and Wayne Howard had resigned from the Board The Secretary called the roll MEMBERS PRESENT Lamar Russell Chairman Arthur Berger Vice Chairman Gene Powell Richard Thurm John Cummings First Alternate OTHERS PRESENT Kohn Bennett Deputy City Attorney Bob Hoog Mayor Pro-Tem Leo Nicholas City Manager James Morgan Building Official Evelyn Hutcherson Code Enforcement Officer Susan Nelson Secretary Mr Berger moved to approve the minutes of the April 26 1989 meeting Mr Cummings seconded the motion Motion carried unanimously UNFINISHED BUSINESS 1 Revised Site Plan Approval - Sea Era Sands Lots 1 and 2 and Lots 6 through 15 Block 40, Avon-_by-the-Sea Sea Era Sands Development Mr Morgan explained the changes in the Site Plan He explained that the revised site plan shows six parking spaces and three units were eliminated Also a small change was made in the footprints to meet setback requirements Mr Berger moved to approve the revised Site Plan Mr Powell seconded the motion Motion carried unanimously 2 Vacation of 20 Alleyway - lying West of Tracts 1 , 2 & 3 and East of Tracts 4 & 4A, Chandler Park (Cherie Down Park) - Brevard County Parks & Recreation Mr Berqer moved to approve the Vacation of the 20 Alleyway Mr Thurm seconded the motion Motion carried unanimously 3 Site _Plan Review, Cherie Down Park, Tracts 1 , 2, 3 , 4 , 4A and 8 , Replat of Chandler Park (Northwest corner of Ridgewood and Washington Avenues) - Brevard County Parks & Recreation Mr Morgan pointed out that there were no sidewalks shown on the Site Plan as required by Section 639 55 (A) of the Zoning Regulations Mr Berger noted that all the adjacent property on Ridgewood Avenue has sidewalks Planning & Zoning Board Regular Meeting May 10 1989 Page 1 of 2 Chairman Russell suggested Ammending the Cherie Down Park Site Plan be Ammended to include adding sidewalks as the property is developed along Ridgewood and Washington Avenues as required by the City Zoning Regulations Section 639 55A Mr Berger so moved Mr Cummings seconded the motion Motion carried unanimously 4 Final Plat Approval , Banyan Cove , Phases Four & Five , Lots 21-33 (141-165 Riverside Drive) Mr Thurna moved to approve the Final Plat for Banyan Cove Mr Cummings seconded the motion Motion carried unanimously DISCUSSION Discussion Re How to Treat a Variance Chairman Russell reviewed How to Treat a Variance from The Citizens Guide to Zoning by Herbert H Smith Discussion followed There being no further business the meeting adjourned at 8 40 P M Approved this 14tH- day of 1989 I)JA- -14-44a— Chairman -��=ano L 04%cn Secretary Planning & Zoning Board Regular Meeting May 10 1989 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JUNE 14 , 1989 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral , Florida, was held on June 14 , 1989 at the City Hall Annex, 111 Polk Avenue , Cape Canaveral , Florida. The meeting was called to order at 7 : 30 P.M. by Chairman Lamar Russell . The Secretary called the roll . MEMBERS PRESENT Lamar Russell Chairman Arthur Berger Vice Chairman Richard Thurm Gene Powell ABSENT MEMBERS John Cummings First Alternate OTHERS PRESENT Kohn Bennett Deputy City Attorney Bob Hoog Mayor Pro-Tem Leo Nicholas City Manager James Morgan Building Official Susan Nelson Secretary Mr. Thurm moved to approve the minutes of the May 10 , 1989 meeting. Mr. Powell seconded the motion. Motion carried unanimously. NEW BUSINESS 1 . Motion Re: Approval of Final Plat Review, Gizella Townhomes , Phase Fours 8668 , 8670 , 8672 , 8674 N. Atlantic Avenue , Lots 13 , 14 , 15 & 16 - William Bennix, Zella, Inc. Mr. Thurm explained that the approved Preliminary Plat was changed and that the board should review this as a Revised Preliminary Plat rather than a Final Plat . Discussion followed. Mr. Thurm moved to approve the Revised Preliminary Plat for Gizella Townhomes . Mr. Berger seconded the motion. Motion carried unanimously. 2 . Motion Re: Approval of Final Plat Review, San Tomas Villas - Phase II , 116 , 118 , 120 & 122 Jefferson Avenue, Replat of Lots 13 & 14 , Block 7 , Avon-By-The-Sea - Q & W Construction, Inc Mr. Quinn, Owner of Q & W Construction, stated that no changes were made from the Preliminary Plat . The Board members reviewed the Final Plat. Discussion followed. Mr. Berger moved to approve the Final Plat. Mr. Powell seconded the motion. Motion carried unanimously. Planning & Zoning Board Regular Meeting June 14 , 1989 Page 1 of 2 1 DISCUSSION 1 . Discussion Re: Administrative Fees for Zoning Applications Chairman Russell distributed copies of a proposed amendment to Section 645 . 37 of the zoning code . Discussion followed. This item will be discussed at the August 9th meeting. ADD-ON ITEM Mr. Berger moved to add the following item to the Agenda. Mr . Thurm seconded the motion. Motion carried unanimously. 2 . Discussion Re: Golden Gate Manor Condominium, parking problem V — Mr. Cherry Jr. , Vice President of the Condominium Association, distributed copies of a parking survey. He explained that a survey was taken of other condominium complexes to find out if they had similar adverse parking situations . Discussion followed. Mr . Doerr . President of the Condominium Association, distributed copies of sketches of the property and explained the parking problems . Mr. Doerr stated that he is looking for guidance in this situation and further , that all units were rented. Currently , they have 21 units and only 16 parking spaces . Discussion continued. Chairman Russell requested this item be placed on the Planning and Zoning Board Agenda for June 28 , 1989 for further discussion. OPEN DISCUSSION Chairman Russell asked the Board members to review the Comprehensive Plan Amendments which will be acted on at the Local Planning Agency meeting on June 28 , 1989 . There being no further business , the meeting adjourned at 8 : 55 P .M. Approved the 2 g day of 7.5-tw✓ e- , 1989 . Y• Chairman ' ,,,,D,xLcl_ c„fiv L Wiocry-\ Secretary Planning & Zoning Board Regular Meeting June 14 , 1989 Page 2 of 2 ipE C i ti i a� t .r 1'i TT i J `L Z0' 1 I J B 3t1�L a Lr L ,a " - 1 Pe-- -la- I c _-,ce Cari= era- _Criaa Tao =1a U-Z id at --e `'=-- -^r: C- -. _r, C- re a-a e _C_ _aa -I'C -eet1"c- 3 M ^a_ -a ary i e :=4r_~ari ca---a E RE�� �NEU�t m ,_ar ar a_r a- BSL IZ IBEP�- r ~'aty c-?z S F�ESZ T ,'-17'1 Ser-ert Boli Hocc Sr c r2 C- Leo IT-C),clas , r anacer a-es tlC. aar' B—a--a OlZfic_a_ -)usaT le_sor _ec_ _~ary 41 .zr- _o cc 'C awe 'Ye u~__ c 'Ie a .`leer Zr Ir 'Po !:i_ C^na-'�.. .r �" ot-c- za.rr.�Ca jEry B SI _-SS _ ct_cr +Re i ^rC a_ ^f la_ _a' Ue 1ew _-zee -a mciN - c-es ase �� �� _t__ G mob"'_ 8C-4 I ntlarrl - en ._ Lets 1- _�_ - - -ii-a- Be Zel_a 1- c L rkr­ . Z-La_r _a ~-ar rr - aww- c :.a _r=_?m_raiN F_ar as -�ia-ue a an1a r-ar i e bcara sr^ulu Y _ _ T --s az a P. . Sca _a- _ a "lr .rhur- -o ea t:c _D,ro -,_ �'e 7_sea r=l_ _nary -!;=;t _cr G_z,lia Tcw-17c-es 2 Bal Qcr zero-(acd carr -::: uran_moLAS_LI MoL10- IRc P-pDrozal of F_ial Flar Aa few fan To-as �,lllas - '"-asc !I L-C __c� _2.. & I_ Jcftcrsor rver-e PeplaL of _cts 13 B_ ck -� ^-,-B _'rt- Sep - C) & YI "o -i !Tic - ., s '\L.--r CT,re_ __ n c ?7 Ctrs-_-_crycn at`'»~ed r-at -o z iaT'ecs -aa_ -- o- .-e �_ _r a_ _a~ �Pe Bcara - c _.. a r _nay 2_=L __- _a I_ Beraei mcveci c anr-c e t"e -C 2_ _..cc^aca -ne -oti r tC"1:�T" ca_r_ela man-ir c Zon_r- Boa_ a acc _ ot DISCUSSION 1 Discussior Re nd-iristrative Pees for Zoning hpplicat-ons Chair-an Russell distriouted conies of a proposed a-end-ent to Sectior 545 37 of tl-e zoni^a cone Disc-ssion followed finis -te-r ill be discussed at the ,,uaust Qth -eetina ADD-CII ITEM Mr Beraer %oved to add the tolloa-na itcm to the yaenda Mr Thur- seconded the -otion Motion cazried unani-ously 2 Discussion Re Golden Cate Manor Condo-inium parxing proble- Mr Cherry Jr Vice Preslaert of *re Condo-inium association distributed copies cf a oarkina surrey He exp-ained that a survey was taken of other condo-iniu- complexes to find out if they had similai ad�,ersy parkina sltuar-ons Discussion folloged Mr Doerr presidert of the 7ondomiriuri issociat-or distributed copies of sket_h�s of the prcpert,� and explaired the parkina ^roL�_Le~is Mr Doerr stated that he is looking for auldance in this situation and fartrez that a_ units There rented Currcntly they haJc 21 units and onlr 16 parkina spaces Discassior continued Chair-an Fussell requested t�-.Ls ite- be placed on the Plannina and Zonina Board aaenda for Ture 28 1989 for further discussion OPEIa DISCUSSION Chairman Russell asked the Boa-d me-bers to revieg the Cor^prehensit e Plan Amendnents which will be acted on at the Local -�'.Lannina Agency -eetina on June _8 1g8G There being no further business the -cetira adiourred at 8 55 P M Approved the X aay of z 1989 Chair~^an Secretary Plannina & Zorina Board Reaular tleetma June 14 1989 Page 2 of 2 CAPE C�ITAVEP kL DL,-aJ TINC & ZONING BOnPD AEGLvriR MELTINC Tt NE -8 -1--io9 A Feaular Pleetira of t-e P'-annina a Lonlna Board of t-e Cit Cf rape Caravera- Florida .gas held on June L8 L984 at me City Hall pnnez S__ Polk J,� e"L_e CaTDe Canaveral Fiariaa The meetira ras called to ^rae_ at 7 30 P 11 by V-ce Criairman Bcraer she Secretar called the toll 4EMBERS DRE�>ETTT krthur Beraer vi--= Chairman R_cgard Therm Gene Powell Jonn Cul--ncfs riBSENT MEMBERS Lamar RLssel_ Chairman OTHERS PRESENT Joy Salamon�- Ha,-- Bob Hooa Ilayz:i Pro Te r Rocky RanaeLs Counril Tlcm, er Loc N-cholas City 11anaaei Kohn Benrett Der)uty City kttornev James loraan Ba-laina Official Susan Nelson S�-cretary Mr Powell Tcved to aiDpro w tae 11-rates as written Mr Thurm seconded the motion Motion carried urarimois-s I EN BiTSI)gESS 1 Final Plat Approval , Gizella Townhomes , Phase Four , Lots 13 through 16 , Tuten s Subdivision ( 8668-8674 N Atlantic Avenue) - Zella Inc (William Bennix) Mr Thar- roved to approve tre Final Plat for Gi.zella Townhomes Phase Four Mr Powell second=a the motion Motion carried urari-nously 2 Plat Approval , Replat of a portion of Beach Park Village Lots 29 through 42 (Cherie Down Lane) - Joseph Kodsi Mr Moraar e plained the oranaes wnic), T.ere made to the Reulat 1r Po4ell ~roved to approve tre Replat 'Ir Thurm seconded the manor Motion carriea unari-ousli DIScLSSION 1 Dl.scussion Re Cola�r Gate - Manor- Cordo-iniur__ Par- inc{c Problem --- - --- -- - --- Whore b«ra ro represc"tativc pro— Gold(--n Gate Manor present ,Tice Chair-an Bcraer s.a:,a-stud tris be iaccd on the next agenda There be�.ra ro furthei blsiness t-e -e_tina ras ad ournea dt 7 40 p 11 Approved the 2ee day of � L93 C`n a i l an Secretary T'lannina & Z^Tina Mectina June 38 1889 Daae 1 �f 1 vase CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING July 12 , 1989 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral , Florida , was held on July 12 , 1989 at the City Hall Annex. 111 Polk Avenue , Cape Canaveral , Florida . The meeting was called to order at 7 : 30 P .M. by Chairman Russell . The Secretary called the roll . MEMBERS PRESENT Lamar Russell Chairman Arthur Berger Vice Chairman Richard Thurm Gene Powell John Cummings 1st Alternate OTHERS PRESENT Bob Hoog Mayor Pro Tem Rocky Randels Council Member Leo Nicholas City Manager Kohn Bennett Deputy City Attorney James Morgan Building Official Susan Nelson Secretary Mr . Thurm moved to approve the minutes of June 28 , 1989 with the correction that Vice Chairman Berger had called the meeting to order. Mr. Cummings seconded the motion. Motion carried unanimously. NEW BUSINESS 1 . Preliminary_ Plat Approval , Angel ' s Isle , 11 Lots , (Replat of Bains Landings Subdivision) - located on Banana River at the West end of Central Boulevard - Emiddio Mariani The board members reviewed the Preliminary Plat and asked questions to Mr. John Allen from Allen Engineering. Discussion continued. Mr. Berger moved to approve the Preliminary Plat as submitted. Mr . Powell seconded the motion. Motion carried unanimously. 2 . Site Plan Approval , Angel ' s Isle , 11 Lots , (located on the Banana River at the West end of Central Boulevard) - Emiddio Mariani - --- — ---- - --- - The board members reviewed the Revised Site Plan. Mr. John Allen, of Allen Engineering explained the changes . Mr. Berger moved to approve the Revised Site Plan subject to meeting all the requirements of the City Engineers . Mr. Cummings seconded the motion. Motion carried unanimously. DISCUSSION 1 . Discussion Re: Administrative Fees for Zoning Applications Chairman Russell explained to the board members that this Proposed Amendment would clarify the present Ordinance . Mr. Thurm moved to direct the City Attorney to place the Proposed Amendment in Ordinance form and submit to City Council for consideration. Mr . Berger seconded the motion. Motion carried unanimously. Planning and Zoning Meeting July 12 , 1989 Page 1 of 1 I ® 0 fk DISCUSSION - CONTINUED 2 . Discussion Re: Golden Gate Manor Condominium Parking Problem The board members discussed the Golden Gate Condominium parking problem and possible solutions . Mr. Cummings moved to recommend to City Council that "Option A Plus" plan be utilized to help solve the parking problem. Mr. Berger seconded the motion. Vote on the motion was as follows : In favor, Mr. Berger, Mr. Cummings , Mr. Powell and Mr. Russell ; Opposed, Mr. Thurm. Motion carried. There being no further business , the meeting was adjourned at 8 : 33 P.M. Approved the `7 day of /E7U/C , 1989 Chairman Secretary Planning and Zoning Meeting July 12, 1989 Page 2 of 2 nP� t rrTwE�nL T1I'F' Sc Z0,11I T� B{JnpD P EG L,P II:�ETIPIG r �eaalar Iteet_na 4 Icr-T,-T 3cara of -'-e of Cary_ ara -ra_ -Ic -a Ta-s- �e_d nr y 1l _ �8a a- 14 a Car a-a c.ra_ F_31 Ida -eetlna 7a,^_ Ca-lea t- 3 icr at I EMBERS DPESETTT L—ar -a-r-an nrr`lur Bc air icy -^a_rma- R_cnard Thi-r- lure Pc^ell -ohr -'L----nas �� �yrer^atc C-r"EFS PRESE}TM Bob T,o o a tat or- pro �C Rocky R-1rae-S Ccarc_1 hie-wer ueo Hicnolas (-_tv ria-ager ^ti^r B=—e— :.eCirS rrorre 7 Ta-es ioraan R_y_a_ra Ctfic_a- Cusan --sfo- _=—i _-art 'r Thur~ mo ea to a;trc e the „i ,1. of j _ne 1g2G Titr t-le correc--cn -rat V-cc -a-r-ar -eiae_ rad ca_lcd r,ie -ee-ira to ora er Ir Lu--_-as seco-aed tI-e -cticn 'or-on ca_ryed u-ar_-o_s_y NEW B,_fSINES_ _ Pre__-_L-ar ,7 Plat pprovai rsncr-i _ is-= 11 L^ts tRcr__at or Bars �arairaw Subc1 -s-c- ) 1"c;:,red. or Barana P_vcr at -,-re est _-d of ( ~'Ztt "i1 3o.alc Ta_a --ida-n Mar-ari Tre tcaia c-te_ s C ye,,ea r _ _ e__- -ary p at ara asked aaest-ons ro tr C1, 1 _mac^ ter^" l-cn N1- 3 -raer n 7c� -^ aGwr _ +� e Dry _'a P1 11- Poi �_1 v ^�aea re c*_cam 2Ic-_c -ar. -ea 3 S-te P-ar pproaal 'reel s Ic_ �_ Lots _ccated on -^e Bana^a _ _r a- tt-= csr era Ct ( e-1-al 3cu_e ard� - E--aa-0 '-IarianI The boara -ewbers is =d Ty=ew --te agar Mr Jon- r-__..-'"' nt �11cTr LT'a� _"'ilna _ _a_ned t~c c-anaes Air Bcraer -^ovcd }0 aDprc - -� V Pc __r.d .)1te P_a- s1_tr7ecr -o _ctina a-1 tr- ^f -7e C_- ErcT_-=c_rs T1_ Cu--nas seconded the -or10^ 14cr-c,^ carr__d ana-1-c-Is- t -ISC I _ Dlscussicn Pe _ ppli-ar--is ya i a^ R-sse-1 tf" _ Ab rl _'"'."crs -Flat -'71.= wroNnse-" n-erd-ent doL.ia clarity t"e prese-t Ora-Lrarce I "-ui- -0 ed tC all-e-t t i—y -.ttorre to place trC � iCti✓C ew n,-c"d-ert Ordi-a-,ce tor- a^a sl_Z""1" t0 its Counc__ for 3,rae s�ccnaea tn� -ot-c-i 140t_cr ca-_ --d unanl~ ously r_a^nina a- d' :cr_^a Icet_ra July 12 _9b9 � aae 1 ^f 1 BIS-US SIr01 TIi JED 3 Discuss-or '1Ze rso1den (sate iia-or Condo-- -n-u- Park�na p=bl�~~ Tre board -a-hers discussed the Gat, Condo _r_a- nark�na orcnie-^ a-d pcss-ble Sol,..tl�rs Nlr C---inns Wovea }^ re-o- erg tC C_� C^unc i thar ct_�C- PiuS plan M el -t-!-zea t ir: vOI r pail _-cr prcb_. Ir Berner secor'dea t'ie Ot1J-i Vote O^ the Tlor .J^ Was as foilows Ir fa o- III Berme lir Ms I - Por cl_ ara Vr Russel_ nL)TDosed Mr Tnar- Oti-r Thew bvina ro the -eer--"a T as Pci ourn_ct a- o ?3 P M -,Apro,�ed the `% da)r of 8Q nn C'�a�r-�a n U oc�, L 0._Q� Secretary D_ann_ra and ieetira ':Iaae 2 Of CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING July 26 1989 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on July 26 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Russell The Secretary called the roll MEMBERS PRESENT Lamar Russell Chairman Richard Thurm Gene Powell John Cummings Wayne Washburn 1st Alternate MEMBERS ABSENT Arthur Berger Jr Vice Chairman OTHERS PRESENT Rocky Randels Council Member Leo Nicholas City Manager Rohn Bennett Deputy City Attorney James Morgan Building Official Susan Nelson Secretary Chairman Russell postponed approving the minutes of July 12 1989 since they were not included with the agenda packet mailed to the Board Members NEW BUSINESS 1 Request No 89-16 , Special Exception for Carwash, Parcel 262, Section 23, Township 245, Range 37E, (8905 Astronaut Boulevard) - Petioner is Charles D Covington for Daletech of Florida, Inc The board members reviewed City Zoning Ordinance Section 637 51 for the Special Exception Request Mr John Allen from Allen Engineering submitted photos of the proposed drive-thru type carwash and answered board members questions Discussion followed It was pointed out that the Zoning Regulations should be amended to allow a carwash The board recommended that Mr Allen withdraw the request for Special Exception Mr Allen withdrew the Request The board requested that a discussion item be placed on the agenda for the next meeting for a proposed amendment to the Zoning Regulations to allow a carwash There being no further business the meeting was adjourned at 8 15 P M ✓� Approved this day of /� G 1989 r-- Chairman Secretary Planning & Zoning Meeting July 29 1989 Page 1 of 1 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING AUGUST 9 1989 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on August 9 1989 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 Berger The Secretary called the roll MEMBERS PRESENT Arthur Berger Vice Chairman Richard Thurm Gene Powell John Cummings John Porter 2nd Alternate MEMBERS ABSENT Lamar Russell Chairman Wayne Washburn 1st Alternate OTHERS PRESENT Bob Hoog Mayor Pro Tem Rocky Randels Council Member Leo Nicholas City Manager Kohn Bennett Deputy City Attorney James Morgan Building Official Susan Nelson Secretary Mr Cummings moved to approve the minutes of July 12 1989 Mr Thurm seconded the motion Motion carried unanimously Mr Thurm moved to approve the minutes of July 26 1989 Mr Powell seconded the motion Motion carried unanimously NEW BUSINESS 1 Site Plan Approval , Montasia Fantasy Golf , Lots 3 , 4 and 5 , Gae Retreat Subdivision, Parcels 254 , 254 1 and 254 2, Sec 26 , Twp 24 , Rae 37 , (South of 6395 N Atlantic Avenue) - Fantasy Golf Development Corp The board members reviewed the Site Plan John Hartbridge Project Engineer for Hensley-Schmidt Inc answered questions for the board members Discussion followed Mr Powell moved to approve the Site Plan as submitted Mr Cummings seconded the motion Mr Porter declared a voting conflict because he had vested interest in this project Motion carried unanimously with Mr Porter abstaining 2 Preliminary Plat Approval, Sea Monica I , Lots 1 & 2, Block 30 , Avon-By-The-Sea Subdivision, Sec 23 , Twp 24 , Rge 37E, (601-603 Monroe Avenue) - Clifford Ray Mr Berger advised that the Plat met all City setback requirements Mr Thurm moved to approve the Preliminary Plat Mr Powell seconded the motion Motion carried unanimously 3 Request No 89-7 , Special Exception to Construct Townhomes in a C-1 Zone, Parcel 547 1, Sec 14, Twp 245, Rge 37E, (West of Ocean Woods) Petitioner was James Murphy for Zella, Inc Planning and Zoning Meeting August 9 1989 Page 1 of 1 NEW BUSINESS - CONTINUED Mr Morgan the City Building Official stated that Mr Murphy withdrew the request for Special Exception 4 Site Plan Approval , Cape Canaveral Carwash, Parcel 262 Sec 23, Twp 245 , Rae 37E, (8905 Astronaut Blvd ) - Dalatech of Florida, Inc - Charles Covington City Attorney Kohn Bennett stated that this item should not have been placed on the agenda DISCUSSION 1 Discussion Re Proposed Amendment to the Zoning Regulations to allow a Carwash in a C-1 Zone or approval of a Carwash in a C-1 Zone through Special Exception Mr Covington s Attorney Joe Scott explained that he felt a Special Exception was inappropriate and that an Ordinance change was needed Discussion followed Mr Porter moved to direct the City Attorney to draft two Ordinances for the boards review to allow a Carwash in a C-1 Zone and to allow a Carwash in a C-1 Zone by Special Exception Mr Powell seconded the motion Motion carried unanimously There being no further business the meeting was adjourned at 8 37 P M � � Approved this 2 kD day of ( 1989 Chairman L Secretary Planning and Zoning Meeting August 9 1989 Page 2 of 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME Of BOARD COUNCIL COMMISSION AL THORITI OR CC�MMITTEL Porter John King Planning and Zoning MAILIN( ADDRESS till HOARD COUNCIL COMMISSION AUIHORIII OR CUM 111 ILL ON V If I SERVE IS A UNII OF 6501 North Atlantic Avenue N CITY D COUNTY O OTI4ER LOCAL AGCNC) CIT) (OUNI I NAK1L OI 101-111(Al SUIiDI\ISIUN Cape Canaveral Brevard DATE ON \\HIGH TOTE OC(UKKLU Cape Canaveral MI I Os1I[ON IS f D CLLCTI\L AINOINTI\E August 9 1989 WHO MUST FILE FORM 8B This form is for use b) ani person SLr\ing at the count�r 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 The requirements of this law are mandatory although the use of this particular form is not required by la\\ you are encouraged to use it In making the disclosure required by law Your responsibilities under the la\\ \N hen faced \\ith a measure in \\hich you ha%e a conflieof interest \\ill vary greatly depending on \%hether you hold an elective or appointive position For this reason please pay close attention to the Instructions on this forn- before completing the reverse side and filing the form t INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143 FLORIDA STATUTES ELECTED OFFICERS A person holding elective count) municipal or other local public office MUST ABSTAIN from \oting on a measure Ahich Inure to his special pri\ate gain Each local officer also is prohibited from knoAinLly voting on a measure which inures to the specia gain of a principal (other than a government agenc)) by A hom he is retained In either case, you should disclose the conflict l PRIOR TO THE VOTE BEING TAKEN b� publicly stating to the as%embl\ the nature of \our interest In the measure of \\hich you are abstaining from voting and WITHIN 15 DAYS AFTER THE VOTE OCCURS b) completing and filing this form A ith the person responsible for recordin the minutes of the meeting "ho should incorporate the form in the minutes APPOINTED OFFICERS A person holding appointive count) municipal or other local public office MUST ABSTAIN from voting on a measure \\hic' inures to his special private gain Each local officer also is prohibited from knowingly voting on a measure which inures to th special gain of a principal (other than a government agenc)) by \\hom he is retained A person holding an appointive local office other\\ise mai participate in a matter in \\hich he has a conflict of interest but mu disclose the nature of the conflict before making am attempt to influence the decision by oral or writt4n communication whethe made by the officer or at his direction IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT VVHICI THE VOTE WILL BE TAKEN You should complete and file this form (before makinb ani attempt to influence the decision) meth the person responsible fo recording the minutes of the meeting who "Ill incorporate the form in the minutes A copy of the form should be provided immediately to the other members of the agency • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interes IF YOU MALE NO ATTEMI T TO INFLUENCE THE DECISION EXCEI T 131 DISCUSSION AT THE MEETING • You should disclose orally the nature of )our conflict in the measure before participating • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting Aho should incorporate the form in the minutes DISCLOSURE OF LOCAL OFFICERS INTEREST I ilobn K Porter hereby disclose that on August 9, rig 89 (a) A measure came or A ill come before m� agency which (check one) inured to my cpecial private gain or X inured to the special gain of Jean Porter—Gabler by whom I am retained (b) The measure before my agency and the nature of my interest in the measure is as follows The site plan approval of Montasia Fantasy Golf, Lots 3 4, and 5, Gae Retreat, Parcels 254, 254 1 and 254 2 Sec 26 TWP 24, Rge 37 The three lots involved are owned by my mother Jean Porter-Gabler and the approval or disapproval of this site plan could effect the sale of this property to the Fantasy Golf Development Corp As Jean Porter- 2b - J- Gabler nhave economic ties it seems appropriate that I abstain from voting on this issue August 22, 1989 Date Filed i`SypKature NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112 317 (1985) A FAILURE TO MAKE ANY REQUIREI DISCLOSURE CONSTITUTES GROUNDS FOR AND MAI BE PUNISHED B1 ONE OR MORE OF THE FOLLOWING IMPEACHMENT REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOI MENT DEMOTION REDUCTION IT SALARY REPRIMAND OR A CIVIL PENALTY NOT TO EXCEED S5 000 CE FORM 8B 10 86 PA FORM 813 MEMORANDUM OF NOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIkST NAME—MIDDLE NAME NAME Of BOARD COUNCIL COMMISSION AL THOR1Tl OR CC iiMITTEL Porter John King Planning and Zoning MAILIN( ADDRESS lilt BOAkD COUNCIL COMMISSION AU I HURI I 1 OR CUM III ILL ON \t H I SERVE IS A LINI1 OF 6501 North Atlantic Avenue 11 CITY ❑ COUNTY O OT14ER LOCAL AGENCY CITI COUNT) Cape Canaveral Brevard NAM! OI 1 DLII IC AL SUISUI\ISION DATE ON N HIC H Cape Canaveral\OTE OCC UKKLU Pil I USIl1On IS August 9 1989 ( ❑ ELLCTI\L 74 AlPOINTI\E WHO MUST FILE FORM 88 This form is for use b) ani person SLr\ing at the(oui)t5, city or other local level of bovernment 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 The requirements of this law are mandatory although the use of this particular form is not required by la" you are encouraged to use it in making the disclosure required by law Your responsibilities under the la" "hen faced \\ith a measure in \\loch you ha\e a conflict\of interest "ill vary greatly depending on "hether you hold an elective or appointive position For this reason please pay close attention to the instructions on this forrr before completing the reverse side and filing the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143 FLORIDA STATUTES ELECTED OFFICERS A person holding elective county municipal or other local public office MUST ABSTAIN from \oting on a measure "hick inure to his special pn\ate gain Each local officer also is prohibited from Lno"insly voting on a measure which inures to the specia gain of a principal (other than a government agenc)) by "hom he is retained In either case, you should disclose the conflict PRIOR TO THE VOTE BEING TAKEN b� publicly statine to the assembl\ the nature of \our interest in the measure of "hich you are abstaining from voting and WITHIN 15 DAYS AFTER THE VOTE OCCURS b) completing and filing this form\\ith the person responsible for recordin the minutes of the meeting "ho should incorporate the form in the minutes APPOINTED OFFICERS A person holding appointive count} municipal or other local public office MUST ABSTAIN from voting on a measure whic' inures to his special private gain Each local officer also is prohibited from knowingly voting on a measure which inures to th special gain of a principal (other than a government agenc}) by "hom he is retained A person holding an appointive local office other"ise mai participate in a matter in \\hich he has a conflict of interest but mu disclose the nature of the conflict before making am attempt to influence the decision by oral or written communication whethe made by the officer or at his direction IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICI THE VOTE WILL BE TAKEN You should complete and file this form (before makinb ani attempt to influence the decision) "ith the person responsible fo recording the minutes of the meeting who "ill incorporate the form in the minutes A copy of the form should be pro\ided immediately to the other members of the agency • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interes CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING AUGUST 23 1989 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on August 23 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Russell The Secretary called the roll Members Present Lamar Russell Chairman Richard Thurm Gene Powell John Cummings John Porter 2nd Alternate Members Absent Arthur Berger Jr Vice Chairman Wayne Washburn 1st Alternate Others Present Joy Salamone Mayor Bob Hoog Mayor Pro Tem Rohn Bennett Deputy City Attorney Evelyn Hutcherson Code Enforcement Officer Susan Nelson Secretary Mr Thurm moved to approve the minutes of August 9 1989 Mr Powell seconded the motion Motion carried unanimously NEW BUSINESS 1 Preliminary Plat Approval , First Addition to Beach Park Village, Resubdivision of Tract 10 , Replat of Chandler Park, Sec 14 , Twp 24S Rge 37E - Beach Park Enterprises , Inc - Albert Rodsi The board members reviewed the Preliminary Plat Discussion followed Mr Cummings moved to approve the Preliminary Plat as submitted Mr Thurm seconded the motion Motion carried unanimously DISCUSSION 1 Discussion Re Proposed Amendment to the Zoning Regulations to allow a Carwash in a C-1 Zone or approval of a Carwash in a C-1 Zone through Special Exception The City Attorney submitted two draft Ordinances for the boards review to allow a Carwash in a C-1 Zone as a principal use and to allow a Carwash in a C-1 Zone by Special Exception The board members reviewed the two proposals Discussion followed Mr Thurm moved to submit to City Council the proposed Ordinance allowing a Carwash in a C-1 Zone by Special Exception Mr Powell seconded the motion Motion carried unanimously Planning & Zoning Meeting August 23 1989 Page 1 of 2 There being no further business the meeting was adjourned at 7 45 P M Approved this 2-7 day of 1989 Chai an Secretary Planning & Zoning Meeting August 23 1989 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING SEPTEMBER 13 1989 A Regular Meetinq of the Plannina & Zoning Board of the City of Cape Canaveral Florida was held on September 13 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Russell The Secretary called the roll MEMBERS PRESENT Lamar Russell Chairman Arthur Berger Vice Chairman Richard Thurm Gene Powell Wayne Washburn 1st Alternate John Porter 2nd Alternate MEMBERS ABSENT John Cummings OTHERS PRESENT Leo Nicholas City Manager Kohn Bennett Deputy City Attorney James Moraan Building Official Susan Nelson Secretary Mr Berger moved to postpone approval of the minutes from August 23 1989 since they were not included with the agenda packet Mr Powell seconded the motion Motion carried unanimously NEW BUSINESS 1 Revised Site Plan _Approval First Addition to Beach Park Village Resubdivision of Tract 10 Replat of Chandler Park, Beach Park Enterprises Inc _` Albert Kodsi The Board Members reviewed the Site Plan The Site Plan dial not show the required three parking spaces per unit as per the City Ordinance The Building Official stated he contacted Al Price Engineer from M & K Drafting who agreed to resubmitt a cover sheet showing the required parking Mr Thurm moved to approve the Revised Site Plan with conditions that a cover sheet be resubmitted showing the required parkina spaces and certificate from St Johns River Manaaement District Mr Berger seconded the motion and made recommendation that the buildinq be moved back two feet to secure the 200 square feet for parking without encroaching on the sidewalk should the street be turned over to the City at a later date After lenathy discussion the secretary called a voice vote By unanimous vote all board members opposed the approval of the Revised Site Plan Mr Russell instructed the applicant to review the City Ordinance and resubmitt a complete Site Plan package to include certificate from St Johns River Water Management District There being no further business the meeting was adjourned at 7 30 P M Approved this �7 -- day of 1989 L � Chaff an Secretary Planning and Zoning Meeting September 13 1989 Page 1 of 1 CAPE ChNAVERAL PLANNING & ZONING BOARD REGULAR MEETING SEPTEMBER 27 1989 A Regular Meetina of the Plannina & Zonina Board of the City of Cape Canaveral Florida was held on September 27 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Russell The Secretary called the roll Members Present Lamar Russell Chairman Arthur Beraer Jr Vice Chairman Richard Thurm Gene Powell John Cummings Wayne Washburn 1st Alternate Members Absent John Porter 2nd Alternate Others Present Leo Nicholas City Manager Kohn Bennett Deputy City Attorney James Morgan Buildina Official Susan Nelson Secretary Mr Thurm moved to approve the minutes of Auaust 23 1989 and September 13 1989 Mr Beraer seconded the motion Motion carried unanimously UNFINISHED BUSINESS 1 Revised Site Plan Approval First Addition to Beach Park Vibe Resubdivision of Tract 10 , Replat of Chandler_ Park Sec 14 , Twp 24S , Rqe - 37E - Beach Park Ent_erpris_e_s_`Inc - Albert Kodsi The Board members addressed and reviewed the chances made to the Revised Site Plan Mr Thurm moved to approve the Revised Site Plan with the condition that the abutting parkina spaces be returned to their original arass area placement Mr Cummings seconded the motion Motion carried unanimously NEW BUSINESS 1 Request No 89-6 _S�cial Exception to allow a Carwash Parcel 262 , Sec 23 Twp 24S Rae 37E, 8905 Astronaut Boulevard -- Petitioner was Charles D_ Covington_for_Daletech of Florida , Inc Mr Covington stated he would retain ownership of the carwash and it would be open 24 hours per day He submitted a partial construction plan for the Boards review and described the contents of the carwash Mr Redman from Allen Engineerina addressed the board to consider the consequences of vandalism if the carwash was not open for 24 hours Mr Thurm moved to recommend approval of Request No 89-6 to the Board of Adjustment Mr Powell seconded the motion Motion carried unanimously Plannina & Zonina Meetina September 27 1989 Paae 1 of 2 NEW BUSINESS - CONTINUED 2 Request No 89-7 Special Exception to Construct Townho_mes in a C-1- Zone Parcel5_471_L_Sec _141 TKp_ _24S ,_Rge 37E (West of _Ocean _Woods) Petitioner was James Murp�_for Zella Inc --- - --— - — -- - - -The Board members reviewed the Special Exception Request to construct townhomes in a C-1 Zone Discussion followed Mr Cummings moved to recommend approval of Request No 89-7 to the Board of Adjustment Mr Beraer seconded the motion Motion carried unani-nously 3 Request-No —89-8 -Special - Exc_gpti n to Construct Apartments in a_ C-1 Zone_ Parcel_ 520 Sec 24S_ Twp_ 37E Rg_ 14 (South of _ Atlantic Gardens Apartments NorthAtlantic Avenue) _Petitioners_ were_ _W_illia_mG_eiger_^ and _Frank Hardaway_ Owners Mr Geiaer submitted a sketch of a proposed site plan He stated that 210 feet frontina on N Atlantic Avenue would be developed as commercial and requested that they be allowed to construct two-story quadruplex apartments on the remainder of the parcel Mr Powell moved to recommend approval of Request No 89-8 to the Board of Adjustment Mr Thurm seconded the motion Motion carried unanimously 4 Revised Site_Plan_Approval Grace Bible_Presbyterian Church_ Parcel 25_2_ Sec 23� Twp_ _24S _RgEe 37E _(One_ Church Street) Petitioner was Richard McMillen Mr Morgan City Building Official announced that the petitioner asked for this item to be tabled since all revisions to the City Enaineers comments were not addressed Item was tabled DISCUSSION Chairman Russell discussed the Comprehensive Plan regarding traffic circulation in the City The City Manager handed out packets of proposed ordinances on Concurrency Management and Stor•nwater Runoff Manaaement to the Board Members for their review There being no further business the meetina was adjourned at 8 50 P M Approved this _11 TN _— day of 1989 Chai an Secretary Plannina & Zonina Meetina September 27 1989 Paae 2 of 2 r r. CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING OCTOBER 11 1989 A Regular Meeting of the Planning & Zonina Board of the Citv of Cape Canaveral Florida was held on October 11 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Russell The Secretary called the roll MEMBERS PRESENT Lamar Russell Chairman Arthur Berger Vice Chairman Richard Thurm Gene Powell John Cummings Wayne Washburn 1st Alternate John Porter 2nd Alternate OTHERS PRESENT Kohn Bennett Deputy City Attorney James Moraan Buildina Official Susan Nelson Secretary Mr Berger moved to approve the minutes of September 27 1989 Mr Cummings seconded the motion Motion carried unanimously NEW BUSINESS 1 Revised_ Site Plan _Approval , Villages of Seaport - Village 7 Parcel 18 _ Sec 14 Twv 245 , Rae 37E ( 8800 Block of Ridgewood Avenue)—_Seabird Properties Ernest Carreon representative for Seabird Properties John Carter from Fugelburgh & Kotch Architects and Noel Droor from Miorelli Enaineerina answered questions for the Board members Discussion followed Mr Berger moved to approve the Revised Site Plan contingent upon all City Enaineers concerns being satisfied Mr Cummings seconded the motion Motion carried unanimously 2 Revised_ Site Plan _Approval Grace Bible__P_resb_yterian_Church Parcel 252 Sec 23 L _Typ 245 Rge __ 37E , (One_ Church Street) Petitioner was Richard McMillen Due to late submittal the City Engineers did not have ample time to review the Revised Site Plan and requested that this item be postponed Mr Thurm moved to postpone the Revised Site Plan until the next meetina Mr Beraer seconded the motion Motion carried unanimously The Board Members discussed required parkina for the church and directed the Buildina Official to research the amount of required parking and the amount of parking available at American Boom & Barrier after Rich s Restaurant parking is considered NEW BUSINESS 1 Preliminary Plat Approval ,- San-Tomas Villas - Phase III Lots 9 10 & 11 (Replat of Lots 7 & 8) Block 7 Sec 23 Twp 245_,_Rge 37E, (1_23 , 125_ & 127 Adams Avenue) - Thomas Ouinn Q & W Construction, Inc After the Board s review Mr Thurm moved to approve the Preliminary Plat Mr Berger seconded the motion Motion carried unanimously Planning and Zonina Meetina October 11 1989 Page 1 of 2 DISCUSSION 1 Concurrences Manaigement Ordinance Mr Russell explained that the City must adopt a Land Management Ordinance He distributed a copy of research he had done rea_ardi.na certain aspects of the comprehensive plan Discussion followed There being no further business the meetina was adjourned at 9 30 P M Approved this 40 -04 _ day of � ,B.�P/L 1989 Chaff an Secretary Planning and Zoning Meeting October 11 1989 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING OCTOBER 25 1989 A Reaular Meetina of the Plannina & Zoning Board of the City of Cape Canaveral Florida was held on October 25 1989 at the City Hall Anne% 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Russell The Secretary called the roll Members Present Lamar Russell Chair-an Arthur Beraer Jr Vice Chairman Richard Thurm John Cumminas John Porter 2nd tilternate Members Absent Gene Powell Wayne Washburn 1st Alternate Others Present Kohn Bennett Oeputj City Attorney Leo Nicholas city Manager James Moraan Buildina Official Susan Nelson Secretary Mr Beraer moved to approve the minutes of October 11 1989 Mr Cumminas seconded the motion Motion carried unanimously It was noted that the meetina date on the October 25 1989 aaenda was incorrect UNFINISHED BUSINESS 1 Revised Site Plan Approval _Grace Bible P_resby_terlan Church Parcel 252 (One Church Street) - Richard McMillen The Board reviewed the Revised Site Plan and calculated that the church was short 12 parking spaces Rev Blizzard stated that he had obtained permission from Rich s Restaurant to utilize their parking spaces and also written authorization from American Boom and Barrier to use up to 25 parking spaces He also stated that an area of oak trees on the church s property could be preserved and removed for future parking if needed which would provide seven parking spaces leavina five spaces short of the City Requirements The Board indicated they would rather have the church provide off-site parking to avoid destroying the trees Discussion folloged Mr Berger -roved to approve the Site Plan for Grace Bible Presbyterian Church with contingencies that the Church obtain shared parkina with Rich s Restaurant and American Boom and Barrier and preserve the oak trees for future parkina if needed Mr Thurm seconded the motion Motion carried unanimously NEW_ BUSINESS 1 Final Plat Approval__ Se_a Monica I Lots 1 =& 2 Block 30 Avon-By-The-Sea Su_b_division ( 6_01_ & 603 Monroe_Avenue) - owner Clifford Ray The Board reviewed the Final Plat Mr Ray stated that the Final Plat was identical to the previously approved Preliminary Plat Planning & Zonina Meetina October 25 1989 Page 1 of 2 Mr Porter moved to approve the Final Plat for Sea Monica I Mr Cummings seconded the motion Motion carried unanimously 2 Final Plat_Approval_Sea Monica III Lots 1 & 2 _Block 30 Avon-By-The-Sea_Subdivision, (609 & 611_ Monroe Avenue) - owner Clifford Ray The Board reviewed the Final Plat Mr Beraer moved to approve the Final Plat for Sea Monica III Mr Cummings seconded the motion Motion carried unanimously 3 Motion_Re Cancellina meetings of November _ 22 1989 and December 27 1989 Mr Thurm moved to cancel the meetings of November 22 1989 and December 27 1989 Mr Berger seconded the motion Motion carried unanimously 4 Motion Re Election of Officers Mr Berger nominated Mr Russell to continue as Chairman for another year Mr Thurm seconded the nomination Mr Cummings nominated Mr Beraer to continue as Vice Chairman for another year Mr Porter seconded the nomination Mr Thurm moved to close the nomination Motion carried unanimously ADD ON ITEM Mr Berger moved to add the following item to the aaenda Mr Thurm seconded the motion Motion carried unanimously 1 Final Plat Approval _ San Tomas _Villas - Phase III Lots 9 , 10 &_11 , (Replat of Lots 7 & 8) Block 7 , Avon-By-The-Sea Subdivision (123 125 & 127 Adams Avenue) - Thomas uinn, Q & W Construction_Inc Mr Berqer moved to approve the Final Plat for San Tomas Villas- Phase III Mr Cumminqs seconded the motion Motion carried unanimously DISCUSSION The City Manager advised the Board that the City Council had requested Briley Wild & Associates City Engineers to apply for a state grant for Land Development Regulations He noted that the City was waiting for reply and would forward information to the Planninq & Zonina Board when received There being no further business the meetina was adjourned at 8 26 P M Approved this TH _ day of —71 1989 __ x �� Chairman Secretary Planning & Zoning Meeting October 25 1989 Page 2 of 2 C"PE C"NnVERKL PL"NNING & ZONING BOriRD RECUL"R MEETING NOvEMBZR 8 198Q Peaular Heet-na of the Plannina & Zorinq Board of tyle City of Cape Caray,oral Florida gas held on November 8 1989 at the City Hall nnre , X11 Polk avenue Cape Canaveral Florida The -eetina Baas called to order at 7 30 P M by 7hairTan Russe!i The Secretary called the roll Me-hers Present La-ar Passe'_1 Chairman Arthur Beraer Jr Vice Chairman Gene Powell John Porter 2n3 nitcrnate Members Absent John Cumrinas Ricnard ThurT Wayne 4ashburn 1st "lternate Others Presert kohr Bennett Deput; City Attcrnei James Morgan Buildira Offic-al Susan Nelson Secretary Kr Bezaer -oved to approve the minutes of October 25 1989 Mr poaell seconded the motior Motion carr-ed unarimousl7 NEW BJSINESS 1 Request No 89-9 Special E-capt.on to construct single family dweliinas _n a C-1 Zone Parcel 255 (North West Corner of Harbor Driie and Sea Sneil Lane) - Petitioner was Errest F Szapor Owner The Beard reviewed the Special E,ception 7pplicatKon Mr Szapor explainea to the Board that he proposed to develop sinale fa-ily residences Mr Beraer -roved to recommend approval. of Request No 89-9 to the Board of Taiust-ent to use the property for R-1 apolicatior only becais= such application Baas deemed to be compatinle with the im ediat� neiahborrood Mr Porter seconded the motion Motior carried anani-ously 2 Request No _8Q-10 Special Exception to construct roadway access and ret_entior ar=a to serve an industrial area in a R-2 Zone (Eastern portion of Parcel 261 Located_ South of Post Office) - Petitionei was Ron Pertnoy Owrer kttorney Sp-elioael representee Snapirofpertnoy Warehouses He e vlairea the proposed construction of a roadwav The Board xeview�d a drawina of the proposed sAte and photos of previous warehouse develop'Tents He noted that tf e ease-ent would continue to be utilized on fine North access of the property and the roadway Ras leased to_ 20 years frc- Canaveral Pert kuthority for that access He further stated that the proposed constructicr koula commence appro- mately in February 1990 The Board reviewed off-street parkina reaulations and d-scussed impact of co~ ercia� traffin Discussion fol owed Plannira & Zor,na Meetina nctcher 25 19Sq Paae - of 2 Mr Beraer moved to reco—end approval of Request 110 89-10 *-o t-ie Board of Adjustment Mr Pogell seconded the rot-or ffotic- carried unanimously 3 Request 1To 89--11 Variance to Section 642 17 (2) to instal- six-foot chain lint fence aithir 25 feet of publ-c riq�-t-of- gay_ Lots 3 _4 & 5 Parcels 254 1 & 254 2 (6355 PT ,tlantle Avenue ) - Petitioner has Lothar Loebb for rantasj Golf Develcpmert Corporation Mr Loebb explained to the Board members that a s- - -foot chain lir) fence tas essenrial for safety reasons s-nce the properry had no security nor liahtira after closira He further enplain�-d that tie fence would be placed within the property linr- Chair-ar Fussell noted that this hardship gas self i-posed The Board members d-scussed possible cptions to a-end Ordinance 641 2- or create a new orainance for safety and security reasons D-Lscuss-o^ continued The Board advised the aiDplicant to request tabl-Lna *his issue until the Boara coula deterni^e how best to a-Pend the ordinance and requested this be a discussion ite~i on the next scheduled Plannira and 7,onina Aaenda Mr Loebb respectively r=quested this item ne tabled Hr Porter moved to table Pequcst lie 89-11 until consideration could be ai jen to an a7end*rert of the zonina ordinance 11r Beraer seconaed the motion llotlon cairi,-d unani-rously There beira no further business the -eetina 4as adiourred at 8 52 P M r Approved this day of (-f � 1989 Chair-i Secretary P13nnina & Zonina Meetina Dctober 25 1989 Paae 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING DECEMBER 13 1989 A Regular Meeting of the Plannina & Zoning Board of the City of Cape Canaveral Florida was held on December 13 1989 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meetina was called to order at 8 15 P M by Chairman Russell The Secretary called the roll MEMBERS PRESENT Lamar Russell Chairman Arthur Beraer Vice Chairman Richard Thurm Gene Powell John Cummings MEMBERS ABSENT Wayne Washburn 1st Alternate OTHERS PRESENT Kohn Bennett Deputy City Attorney James Morgan Building Official Susan Nelson Secretary Mr Beraer moved to approve the minutes of November 8 1989 Mr Powell seconded the motion Motion carried unanimously NEW BUSINESS 1 Preliminary Plat Approval , Lots 3 , 4 & 5 Block 12 , Avon-By-The- Sea Subdivision, (627 & 651 Adams Avenue) - Owners Arthur Berger Jr and Charles & Helen Millikan The Board members reviewed the Preliminary Plat Mr Berger explained the layout of the plat Discussion followed Mr Berger declared a voting conflict since he was part-owner of the property Mr Powell moved to approve the Preliminary Plat Mr Cummings seconded the motion Motion carried unanimously with Mr Berger abstaining 2 Revised Site Plan Approval , Cape Canaveral Carwash, Parcel 262 , (8905 Astronaut Blvd ) - Owner Charles D Covington for Daletech of Florida, Inc Mr Allen from Allen Enaineering stated that all of the City Engineer s comments were addressed on the Revised Site Plan Mr Thurm asked how noise would be absorbed Mr Allen stated that a 6 ft stockade fence was exi.stinq and shrubbery would be installed as needed to buffer the sound Discussion continued Mr Beraer moved to approve the Revised Site Plan for Cape Canaveral Carwash Mr Powell seconded the motion Motion carried unanimously 3 Preliminary Plat Approval , Banyan Cove - Phases 1 2 & 3 , Parcel 279 (101 - 137 Riverside Drive) - Owner James Murphy for Spanish Cove Resorts , Inc The Board reviewed the Preliminary Plat Mr Berger moved to approve the Preliminary Plat Mr Cumminas seconded the motion Motion carried unanimously 4 Preliminary Plat Approval San Tomas Villas - Phase IV, Lots 12 13 & 14 , Replat of Lots 15 & 16 , Block 7 , Avon-By-The-Sea Subdivision, (124 - 128 Jefferson Avenue) - Owner Thomas Quinn for Q & W Construction, Inc Planning and Zoning Reaular Meetina December 13 1989 Page 1 of 2 NEW BUSINESS - CONTINUED The Board reviewed the Preliminary Plat Mr Thurm moved to approve the Preliminary Plat Mr Powell seconded the motion Motion carried unanimously 5 Preliminary Plat _Approval , Harbor Heights West , Parcel 255 (N W corner of Harbor Drive & Sea Shell Lane) - Owner Ernest Szapor Mr Moraan stated that Mr Szapor requested that this item be tabled until the Special Exception Request was approved Mr Berger moved to table this Preliminary Plat Mr Powell seconded the motion Motion carried unanimously DISCUSSION 1 Discussion Re Fence height for safety purposes The Board members reviewed special safety and security requirements that some commercial businesses may have Mr Loebb representative from Montasia Fantasy Golf stated that he was concerned with these requirements because of the complexity of the miniature golf course He pointed out that lights were not left on when the course is closed and added that anyone could enter the property and possibly drown in the lagoon Discussion continued Mr Russell asked the City Attorney to draft a proposed ordinance regarding special commercial identifiable hazards and requested that it be written so that the Planning and Zonina Board could enforce it at the time of Site Plan Approval Attorney Bennett advised he would have a draft for the Board to review at the next scheduled Plannina and Zoning Meetina 2 Discussion Re _ LaPaz Shopping Center parking area Mr Bowman Architect & Enaineer representing the owners of LaPaz Shopping Center stated that the owners wanted to rebuild a building that was destroyed by a fire several years acro Mr Bowman submitted a report of the new construction projections for the property He pointed out that the retention area was expanded in a previous revised site plan and the parking requirements were met Discussion followed There being no further business the meeting was adjourned at 9 30 P M f1 Approved this -- rN— -- - day of Chairman Secretary Planning and Zoning Regular Meeting December 13 1989 Page 2 of 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAML-MIDDLE NAME NAME OF BOARD COUNCIL COMMISSION ALTHORITl OR COMMITTEE 301z 6 6n- Z I MAILIN( ADDRLSS ]HIL BOARD COUNCIL OMMISSION ALJIHOKII ( K COMMITILL ON / �� \\HIGH I SERVE IS A L1NII OF JJ /Y v/G a CITY ❑ COUNTY Q 01 HER l OCAL AGENC 1 CIT) (OLIN11 NAML Of 101-11 IC AL SUISDI\ISION G�'��' GpN�J rt✓ z. G� DAIL ON NHICH \01E(i((LJKKLU A11 t DSII IDN iS 3 t cr4 ❑ LLL( t(\L Al POINTI\E WHO MUST FILE FORM 8B This form is for use b) ani person Scr\Ing at the County uta or other local le\el of favcrnment on an appointed or elected board council commission authont) 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 The requirements of this law are mandator} although the use of this particular form is not required by law you are encouraged to use it in making the disclosure required by la>} Your responsibilities under the la% when faced with a measure in %%hich you ha%e 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 ELECTED OFFICERS A person holding elective county municipal or other local public office MUST ABSTAIN from \oting on a measure \\hich mures to his special pri\ate gain Each local officer also is prohibited from kno\\ingly voting on a measure which inures to the special gain of a principal (other than a government agenc)) by \\hom he is retained In either case, you should disclose the conflict PRIOR TO THE VOTE BEING TAKEN b� pubhcl� stating to the assembl\ the nature of \our interest in the measure on \\hich you are abstaining from voting and V\ITH1N 15 DAA S AFTER THE VOTE OCCURS b� completinl,and filing this form \Mill the peison responsible for re^ording the minutes of the meeting %�ho should incorporate the form in the minutes APPOINTED OFFICERS A person holding appointive county municipal or other local public office MUST ABSTAIN from voting on a measure \\hich inures to his special private gain Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government a&enc)) b} \\hom he is retained A person holding an appointive local office other\\ise mai participate in a matter in \\hich he has a conflict of interest but must disclose the nature of the conflict before making am attempt to influence the decision by oral or written communication whe her made by the officer or at his direction IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN You should complete and file this form (before making ani attempt to influence the decision) \\ith the person responsible for recording the minutes of the meeting who \\ill incorporate the form in the minutes A copy of the form should be pro\ided immediately to the other members of the agency The form should be read public]) at the meeting prior to consideration of the matter in which you have a conflict of interest IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING • You should disclose orally the nature of )our (onfl►ct in the measure before participating • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting Aho should incorporate the form in the minutes DISCLOSURE OF LOCAL OFFICEa S INTEREST I T /�'T~i4�t12 3426 ee. hereby disclose that on 0,06 1,3 19 (a) A measure came or A ill come before m� agenc) which (checl. one) inured to my special private gain or inured to the special gain of by Ahom I am retained (b) The measure before my agency and the nature of my interest in the measure is as folloAs /- 4�4,�,74> Date Filed Signature NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112 317 (1985) A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED B1 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 88 10 86 PAGE