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HomeMy WebLinkAboutP&Z Board Minutes 1992 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JANUARY 8 1992 A Regular Meetina of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on January 8 1992 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The -neetina was called to order at 7 30 P M by Chairman Beraer The Secretary called the roll MEMBERS PRESENT Arthur Berger Chairman Lamar Russell Vice Chairman Richard Thurm Mary Wheeler Fred DiStasio Catherine Barnes Alternate MEMBERS ABSENT Cecil Everett alternate OTHERS PRESENT James Moraan Building Official James Woodman City Attorney Susan Nelson Secretary Ms Wheeler moved to approve the minutes of December 11 1991 as submitted Mr Russell seconded the motion Motion carried unanimously UNFINISHED BUSINESS 1 Site_ Plan A�_proval Retail Buildina Development Parcel 520 Section 14 _Township 24 South Ranae 37 East_ _(Located North of Rich- s Restaurant and South of Atlantic Gardens ) - William Geiger and Franklin Hardaway Owners _ -� Mr Morgan Buildina Official advised that the applicant had not completed addressing the comments from the City Enaineer s preliminary site plan review and that the applicant requested that the site plan approval be tabled until the next scheduled meeting Chairman Beraer reviewed that the owner of the property had been aranted a Special Exception to construct residential units However the owner had decided to utilize the property for commercial use Mr Russell moved to table this item until the next scheduled meetina Mr DiStasio seconded the motion ilotion carried unanimously 2 Site Plar Approval Heater_ Building Parcel 271—Section 14 Township 24 _South _Rance j7-East (Located-at 10 Tanker Turn_ Road) ___Henry Cartaya Agent for Coastal—Fuels Marketing Inc Owner T - -� Mr Morgan Buildina Official informed the Board members that the applicant had reqaested this item be postponed until further notice Planning & Zonina Reaular Meetina January 8 1992 Page 1 of 4 The Board ~ie-bers re Ile wed 3 letter from Mr Oscar Kastner a citizen aolcinq his concerns and questions reaardina the new heaters Mr Kastner auestloned if the Cita of Cape Canaveral enforced the Florida Clean Act Chair-an Beraer answered that the Department of En-vironmental Peaulations (D E R ) was the reaulatory aaenc,, that enforces the Florida Clean xir Act Ms Wheeler advised that she noticed a neg large white chi-nev apnroyimatel` 20 feet hlah located on Coastal Fuels proneity She questioned when it was built and what It was being utilized for Mr Morgan stated that he was not aitiare of the new chlmnea However he would make an inspection and report back to the Board Mr Moraan reviewed that Coastal Fuels had applied to D E R for a permit to operate/construct air pollution sources and that the City had petitioned teat request Discussion followed Mr Scott McCaulev a citizen noted blacx soot around his screen patio Mr Russell advised that he had lived in Cape Canaveral since 1973 and that he never noticed the black soot until the cruise ships appeared at Port Canateral He compared the tvpe of fuel that is used by the cruise ships and the refined quality of fuels burned at Coastal Fuels The Board -e7rbers comprised a list of 7arlous questions that th=v requested be addressed by Coastal Fuels as follows 1 When was the larae white chimnev constructed and what is it utilized for 2 Are the two neg heaters aoina to generate more pollutants into the atmosphere than TAhat is presently belnq emitted 3 Answer all questions outlined in Mr Kastner s letter dated Decer^ber 24 1Q41 Mr Russell moved to postpone this item until turther notice as requested by the applicant 14r DiStaslo seconded the Ynotion Motion carried unanimously 3 Special Exception Request_ Pio 91-8 to Construct Townhouses in a C-1 gone _Eastern 410 of Parcel 519 Section 14 _Townshzp 24 South Ranee 37 East (Located IT E Corner of Washinaton Avenue -and N Atlantic Avenue ) - Thomas Ouinn Aaent The Board members reviewed a revised Preliminary Site Plan submitted by Mr Oulnr naent (E hibit 1 ) Discussion followed It was noted that an eyistina lift station located at the Washlnator Avenue Park was at full capacity and needed to be uparaded Discussion folloged Mr Ouinn advised that the townhouse bulldiras will be staactered as requested by the Board at the previous meetina Mr Ouinn stated that he rad presented to the City a proposal to sell Parcel A to the City and donate Parcel B to the City as displaved on the revised Preliminary Site Plan with the restriction that Parcel B be utilized for non-commercial use He informed the Board that he did not intend to construct the townhouses on Parcel A he would not request a Special Exception to construct townhouses on Parcel A or B in tre future and if he was not aranted the special exception he Rould not purchase the property Planning & Zonina Regular Meetina January 8 1992 Paae 2 of 4 Mr Ouinn asked that the Special Exception be aranted to construct 15 townhouses on the eastern 410 of Parcel 519 Discussion followed A aeneral discussion was held reaardina land-lockina and the necessity of access to a parcel of property by easement Mr Woodman Citv Attorney outlined the proposition that the City would be Dresentina to Mr Ouinn He stated that the Citv would be seeking the following aareement Move the 15 townhouses further west in order for the City to uparade and move the present lift station to the eastern Dortion of the property the agreement shall not ne continaent upon the Special Exception being approved and that there be no restrictions for the use of Parcel B Ms Wheeler voiced her opinion that the Special Exception request and the exhibits submitted were too vaaue for her to make an intelligent decision Mr Thurm voiced his opinion that townhouses were not compatible with the surroundina areas Discussion followed Mr Russell moved to recommend approval of Special Exception Request No 91-8 with the continaencv that the applicant sell Parcel A and Parcel B to the City of Cape Canaveral Mr Thurm seconded the motion Motion carried unanimously 4 Variance Request No 91-5 to-Allow- Swimming Pool _and Screen Enclosure to Encroach into the Required Setbacks in a R-3 Zone Lot 2 Block_ 30 Section 23_ Township _24_South _Ranee 37 East Sea _Monica _I Subdivision__(Located at 601 Monroe_ Avenue) - O Scott McCaule Owner The Board members reviewed a memorandum dated July 18 1991 which had explained the seauence of events Mr Moraan informed the Board that no inspection had been requested until after the swimming Dool and screen enclosure were completed Discussion followed Mr McCauley submitted vhotoaraphs of the swimming pool and screen enclosure (Exhibit 1) He advised that the swimmina pool encroached approximately eiaht inches and the screen enclosure encroached approximately six feet into the required front setback Discussion followed Discussion was held reaardina placing a time limit on the variance request After discussion it was concluded that a time limit would impose a hardship on the property owner Mr Moraan briefed the Board members on the history of the Bolanowski case He explained that the Bolanowski s house encroached approximately twenty feet into the required front setback and that Mr McCauley s screen enclosure encroached approximately six feet into the required front setback Discussion followed Mr Thurm moved to recommend approval of Variance Request No 91- 5 to allow a swimmina pool and screen enclosure to encroach into the required front setback due to the fact that the City may have contributed to the erroneous positioning of the structures Mr DiStasio seconded the motion Motion carried unanimously Planning & Zonina Regular Meetina January 8 1992 Page 3 of 4 There belna no further business the meeting was adjourned at 9 30 P M 9z Approved this i_ ��`� day of �c�c�r��c �..^ 199-1 Chairman amu.--L -- Secretary Plannina & Zoninq Rectular Meetina January 8 1992 Paae 4 of 4 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JANUARY 22 1992 A Regular Meetina of the Planning & Zonina Board of the City of Cape Canaveral Florida was held on January 22 1992 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meetina was called to order at 7 30 P M by Chairman Berger The Secretary called the roll MEMBERS PRESENT Arthur Berger Chairman Lamar Russell Vice Chairman Richard Thurm Catherine Barnes Alternate MEMBERS ABSENT Mary Wheeler Fred DiStasio Cecil Everett Alternate OTHERS PRESENT James Morgan Building Official Linda Lester City Planner Thomas Klevincr Building Inspector Susan Nelson Secretary Mr Russell moved to approve the minutes of January 8 1992 as submitted Mr Thurm seconded the motion Motion carried unanimously UNFINISHED BUSINESS 1 Recommendations to Change Various City Regulations Ordinances Comprehensive Plan and Land Development Regulations - Linda Lester City Planner The Board members reviewed recommended chances to paaes 100-139 of the Cape Canaveral Zoning Regulations Discussion was held regarding terms of the Board of Ad-iustments members Chairman Berger suaaested that Linda Lester contact the City Clerk to acquire the information Discussion continued Discussion was held reaardina special exceptions Some of the Board members agreed that a preliminary site plan should be furnished by the applicant showina a proposed development concept Discussion was held regardina the elimination of special exceptions Mr Russell voiced the opinion that the City was not complying with the adopted Comprehensive Plan by allowina special exceptions Chairman Beraer requested that this issue be place on the next meeting aaenda for further discussion Discussion was held reaardina Section 643 05 (B) of the Cape Canaveral Zoning Regulations Mr Moraan Buildina Official stated that the Bolanowski residence located at 6920 Ridgewood Avenue was a legally non-conforming lot of record and that the structure violated setback requirements Discussion continued Mr Russell explained that the intent of this reaulation was to allow non-conformances although not to encourage their continuance Discussion continued Plannina & Zonina Regular Meeting January 22 1992 Paae 1 of 2 The Board members reviewed a memorandum from Evelyn Hutcherson Code Enforcement Officer dated January 15 1992 which explained that when Chapter 657 Tree Protection and Land Clearing was adopted Chapter 622 Land Clearinqs and Land Burninq and Chapter 657 Tree Protection had been deleted in their entirety from the Land Development Requlations Discussion followed After discussion the Board members aareed that the two sections should be re-adopted 2 Site Plan Approval Retail _Buildina Development Parcel 520 Section 14 , Townsnzp 24 South Ranae 37 East (Located North of Rich s Restaurant and South of Atlantic Gardens) - William Geiger and Franklin Hardaway Owners Mr Morgan Buildlna Official advised that the applicant had not completed addressing the comments from the Citv Engineer s preliminary site plan review and that the City Engineer s did not recommend approval of this site plan until all the comments had been satisfactorily addressed Mr Thurm moved to postpone this item until further notice Mr Russell seconded the motion Motion carried unanimously There being no further business the meeting was adjourned at 9 00 P M /1 Approved this day of1992- r Chairman � Secretary Plannina & Zonina Reaular Meetina January 22 1992 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING FEBRUARY 12 1992 A Reaular Meetina of the Plannina & Zonina Board of the Citv of Cape Canaveral Florida was held on February 12 1992 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Beraer The Secretary called the roll MEMBERS PRESENT Arthur Berger Chairman Lamar Russell Vice Chairman Richard Thurm Mary Wheeler Fred DiStasio MEMBERS ABSENT Cecil Everett Alternate Catherine Barnes Alternate OTHERS PRESENT Joy Salamone Mayor James Moraan Buildina Official Leslie Clark City Attorney Susan Nelson Secretary Mr Thurm moved to approve the minutes of January 22 1992 as submitted Vice Chairman Russell seconded the motion Motion carried unanimously UNFINISHED BUSINESS 1 Site Plan Approval Retail Building Development _Parcel 5_20 Section 14 To_wns_hip _24 South— Range 37 East (Located North of Rich s Restaurant _and South of Atlantic Gardens ) -- William Geiger and Franklin Hardaway Owners Mr Morgan Building Official explained that the propertv owners had requested that the site plan be placed on the agenda because they had assumed that their engineer had addressed all of the comments contained in the City enaineer s preliminary site plan review Mr Moraan advised that the City Enaineer did not recommend approval of the site plan since all of the comments were still not satisfactorily addressed Vice Chairman Russell moved to postpone this item until further notice Mr DiStasio seconded the motion Motion carried unanimously NEW BUSINESS 1 Preliminary Plat Approval Ocean Court Parcel 547-1 — Section 14 Townsh_;,p 24 South Range 37 East (Located West of Ocean Woods) = James W Murphy__ Agent for-William Bennix Mr Morgan Building Official advised that the City had mailed the preliminary plat to the City engineer in a timely fashion for Planning & Zoninct Regular Meetina February 22 1992 Paae 1 of 2 r ^ review However the City engineer did not have an opportunity to review the plat Discussion followed The Board members reviewed the Dreliminary plat Discussion continued Mr Thurm moved to table the preliminary plat approval for Ocean Court until the next scheduled meeting Mr DiStasio seconded the motion Motion carried unanimously DISCUSSION 1 Discussion Re _ Special Exceptions Discussion was held rectardina residential use by special exception in a commercial zone Discussion continued Vice Chairman Russell voiced the opinion that the City was actually rezoning by allowing special exceptions for residential use in a commercial zone Ms Wheeler and Mr Thurm agreed Discussion followed It was noted that the Comprehensive Plan would not need to be chanced if the City decided to eliminate special exceptions Mayor Salamone asked the Board members to look around the City and see how much undeveloped commercial property existed before making a determination to eliminate special exceptions She questioned what was best for the City more commercial or residential Mr Quinn a developer and citizen aave the opinion that he would prefer Cape Canaveral to become a bedroom community rather than commercial Chairman Berger requested that the Board members review special exceptions in M-1 and C-1 zones and make recommendations at the next scheduled meetina 2 Discussion Re Dedication of Roads in Subdivisions Chairman Beraer explained the current procedure for dedicating roads in subdivisions Mayor Salamone advised that the City Attorney had been instructed to provide the City Council with an ordinance outlining specific criteria and procedures for the dedication of roads in subdivisions She asked that when the ordinance draft is available that the Planning & Zonina Board review the draft and make recommendations to City Council Add-On—Item 1 Screening Between Residential and Commercial Ms Wheeler questioned who would be responsible for screening a new residential development in a commercial zone Mr Morgan stated that he always requested the developer of the new residential development to screen between the properties as did previous Buildina Officials Discussion followed There being no further business the meetina was adjourned at 8 15 P M Approved this � �` day of �c��c�OC�c 1992 Chairman Secretary Planning & Zoning Regular Meeting February 22 1992 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING FEBRUARY 26 1992 A Regular Meetina of the Plannina & Zoning Board of the City of Cape Canaveral Florida was held on February 12 1992 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Beraer The Secretary called the roll MEMBERS PRESENT Arthur Berger Chairman Lamar Russell Vice Chairman Richard Thurm Mary Wheeler Catherine Barnes Alternate MEMBERS ABSENT Fred DiStasio OTHERS PRESENT James Moraan Buildina Official Leslie Clark City Attorney Susan Nelson Secretary Ms Wheeler moved to approve the minutes of February 12 1992 as submitted Vice Chairman Russell seconded the motion Motion carried unanimously UNFINISHED BUSINESS 1 Site_Plan Approval Retail_ Building__Development _Parcel 520 Section 14 To_wnsh_ip 24 South Range 37 East_ (Located North of Rich s Restaurant and South of Atlantic Gardens) -_William Geiaer and—Franklin—Hardaway Owners Mr Moraan Buildina Official advised that the City Enaineer had recommended approval of the site plan with the condition that the remaining comments be satisfactorily addressed The Board members reviewed the submitted site plan Discussion followed Mr Stolen Pro-iect Enaineer answered various Board members questions He noted that there were no plans to develop the eastern portion of the property Mr Thurm moved to approve the site plan for the Geiger and Hardaway Retail Building with the continaency that all of the City Engineer s comments be satisfactorily addressed Mr Russell seconded the motion Vote on the motion was as follows in favor Ms Barnes Mr Beraer Mr Russell and Mr Thurm opposed Ms Wheeler Motion carried 2 Preliminary_Plat_Approval— Ocean Court_ Parcel 547 1 Section 14 TownshiQ 24 South Range 37 East (Located West of Ocean Woods)--- James W _ Murphy_Agpnt for William Bennix Owner Mr Moraan Building Official advised that the City Engineer recommended approval of the preliminary plat with the condition that the buildina setback lines be drawn on the plat Planning & Zonina Regular Meeting February 26 1992 Page 1 of 3 City Attorney Clark outlined her suaaestions to chance the submitted Protective Covenants for Ocean Court as follows legal description snould be checked for accuracy grantor and ctrantep should be defined value of insurance should be specified and that the Home Owners Association be a permissive entity in Article IV Discussion followed Mr Murphy aaent for Mr Bennix Owner advised that the owner had no future plans to dedicate the road to the City at a later date and that the road would be built to City specifications Discussion followed Mr Thurm moved to approve the Preliminary Plat for Ocean Court sub-iect to the submitted Protective Covenants being chanced to satisfy the aforementioned suaaestions presented by the City Attorney Mr Russell seconded the motion Vote on the motion was as follows in favor Ms Barnes Mr Berger Mr Russell and Mr Thurm opposed Ms Wheeler Motion carried NEW BUSINESS 1 Site Plan Approval __Ocean Court_Parcel 547 1 Section 14 Townshi_p__24 Sou_t_h__Rangee 37 East (Located West of _Ocean Woods )- -_James W MuXphy_Agent for_ William Bennix Owner Mr Moraan Buildinq Official advised that the City Engineer did not have an opportunitv to review the revisions made to the site plan from his previous comments due to it s late submittal Mr Moraan explained that the City Enaineer had recommended that this request be tabled until the next scheduled meetina Mr Thurm moved to table the site plan approval for Ocean Court until the next scheduled meetina Mr Russell seconded the motion Motion carried unanimously DISCUSSION 1 Discussion Re Special_Exceptions in M-1 and-C-1-Zones Chairman Berner reviewed the discussion fron the previous meetina He pointed out that the sellina market dictated what a developer would build Discussion followed Ms Wheeler voiced the opinion that special exceptions were ridiculous created iris matched zoning they were not fair to future property owners and that there was no logic to grantinq special exceptions City Attorney Clark voiced the opinion that special exceptions alloTA for spot zonina and created inconsistencies She recommended that a site plan ne requirea to be submitted with every special exception request The Board members reviewed the Cape Canaveral Zonina Map Discussion followed Mr Thurm voiced the opinion that the City should specifically be concerned with what this City needs rather than continuously comparina Cape Canaveral to other Cities Mr Russell voiced the opinion that the City was spot zoning by allowina special exceptions and that special exceptions ,were inconsistent with the Comprehensi,, e Plan and Zoning Map He agreed with Attornev Clark that a site plan should be provided with a special exception request He suagested that additional Guidelines be implemented for special exception requests Discussion followed Plannina & Zoning Reaular Meeting February 26 1992 Paae 2 of 3 Mr Morgan Buildina Official Gave the opinion that if the City requires a developer/owner to provide a site plan with a special exception request in order to comply with City regulations it would create the developer/owner to acquire equity in the development prior to the project being approved which could possibly create a civil suit against the City if the request was denied Discussion followed The Board members reviewed Section 638 07 M-1 Special Exceptions Permissible by Board of Adjustment Discussion followed Ms Wheeler voiced the opinion that the use of petroleum products service stations and tanks should be eliminated from being an allowable use in an M-1 zone Discussion was held regarding hazards of natural petroleum products Chairman Berger requested that this discussion item be placed on the next agenda for further discussion 2 Discussion Re _Dedication of Roads in Subdivisions Chairman Berger reviewed that the Mayor had directed the City Attorney at the last meeting to provide an ordinance outlining specific criteria and procedures for the dedication of roads in subdivisions and that the Mayor had asked that the Planning & Zoning Board review the draft and make recommendations to City Council City Attorney Clark apologized to the Board members for not providina them with ordinance draft as requested Chairman Berger requested that this item be postponed The Board members concurred There being no furtner business the meeting was adjourned at 8 45 P M Approved this I I _ day ofL 1992 t" Chairma - — Secretary Planning & Zoning Regular Meetina February 26 1992 Page 3 of 3 CAPE CANAVERAL PLANNING 6c ZONING BO APD PEGULAR MEETING MARCH 11 1992 A Reaular Heetina of the Planning & Zonina Board of the Cit v of Cape Canaveral Florida Nas held on March 11 1992 at the Citv Hall Annex 111 Polk Avenue Cape Canav=ral Florida The meeting was called to oraer at -7 30 P M b Chairman Beraer The Secretary called the roll MEMBERS PRESENT Arthur Beraer Chairman Lamar Russell Vice Chairman Richard Thurm Fred DiStasio Catherine Barnes Alternate MEMBERS ABSENT Mary Wheeler OTHERS PRESENT Thomas Klevina Builaina Inspector John Kancilia Citv ,ttornev Susan Nelson Secretary Mr Russell moved to approve the minutes of February 26 1992 as submitted Ms Barnes seconaed the motion Motion carried unanimously UNFINISHED BUSINESS 1 Site Plan Approval Ocean Court Parcel 547 1 Section 14 Township _24 South Ranae 3% East (Located West of Ocean Woods ) - James W Murphv Aaent for WilliaT Bennix Owner Mr Klevina Buildina Inspector ad-ised that Briley Wild & Associates City Enaineer s had revieged the submitted site plan for Ocean Court and had recommended approval with the folloTNina contingencies applicant provide a permanent on-site bench-mark and correct discrepancies In the legal description Mr Klevina further advised tnat the protective covenants had been revised as previously requested by the Board with the exception of the insurance beina more specific The Board members reviewea the submitted site plan Discussion followed Mr Russell -roved to approve the site plan !or Ocean Court with the following conditions applicant provide a Der-nanent bench-mark and correct the legal description Mr DiStasio seconded the motion Motion carried unanimously DISCUSSION 1 Discussion Re Special Exceptions in M-1 and C-1 Zones Chaizman Beraer suaaested that since Mr Morgan Bulldina Official and Ms Wheeler Board member were not present at this meetina that this ite-n be tabled until the ne Kt schedulea "leetina Plannina & Zonina Regular Meetina March 11 1992 Paae 1 of 2 Mr Russell moved to table this iters until the next scheduled meetina Mr Thurm seconded the motion Motion carried unanimously ADD-ON DISCUSSION ITEM 1 Beach Park Village Located at Cherie Down Lane Mr Kamp an owner at Beach Park Villaae advised the Board of an on-aoina raw sewage oroble- He noted that three out of four sig inch seller clean-outs had no covers ana that the clean-outs were installed inadeauately Several owners advised that thev were not aware that Cherie Down Lane was a Private street until after they had purchased their units Mr Rossi an owner at Beach Park Villaae asked if the City would consider accepting Cherie Down Lane as a Citv Road Discussion followed Vice Chairman Russell suctaested that the owner,, of Cherie Down Lane Petition the CitS Council to take ownership of the street He advised that a City Council Workshop Meeting had been scheduled for March 12 1992 and suaaested that the owners talk to the Citv Council at that time There beina no further business the meetlna was ad-iourned at 8 10 P M Approved this13��3 da-y of r1�c � 1992 f �X_U)jL rKL Chairma - Secretary Plannina & Zonina Regular Meetina March 11 1992 Paae 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MAY 13 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on May 13 1992 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Berger The Secretary called the roll MEMBERS PRESENT Arthur Berger Chairman Lamar Russell Vice Chairman Richard Thurm Mary Wheeler Catherine Barnes Alternate Steve Roney Alternate MEMBERS ABSENT Fred DiStasio OTHERS PRESENT James Morgan Building Official Kevin Markey Assistant City Attorney Susan Nelson Secretary Mr Russell moved to approve the minutes of March 11 1992 as submitted Mr Thurm seconded the motion Motion carried unanimously NEW BUSINESS 1 Special Exception_Request No 92-02 to Construct a Two-Family Dwelling in a C-1 Zone, Lot 16 , Block 65, Avon-by-the-Sea, Section 23 , Township 24 South, Range 37 East, (Located at the N W Corner of Lincoln and Poinsetta Avenues) - Petitioner was Joan Calvert Owner The Board members reviewed the special exception request submittal Discussion followed Ms Calvert owner advised that the adjacent and surrounding properties were all utilized as residential uses Discussion was held regarding setback requirements and lot widths Mr Russell moved to recommend approval of Special Exception Request No 92-02 since the request was compatible with surrounding areas Mr Thurm seconded the motion Discussion followed Motion carried unanimously 2 Preliminary Replat Approval Sea Era Segundo, Lots 1-8 , (Replat of Lots 1 , 2 , 6 and 7) , Block 40 , Avon-by-the-Sea, Section 23 , Township 24 South, Range 37 East , (Located at the Corner of Tyler and Harrison Avenues) William A _Poenisch_L Vice President of Sea Era Sands Development Corporation Mr Mills Land Surveyor submitted a preliminary site plan of the property for the Board members preliminary review Planning & Zoning Regular Meeting May 13 1992 Page 1 of 2 Mr Morgan Building Official noted that the preliminary plat for Sea Era Segundo met all the City code requirements Discussion continued It was pointed out that the density calculations had decreased from twelve units to eight units Discussion was held regarding the changes in the original approved site plan for Sea Era Sands retention areas density calculations number of parking spaces and setback requirements Discussion continued Mr Russell moved to approve the preliminary plat for Sea Era Segundo with the condition that the revised site plan for Sea Era Sands be submitted reviewed and approved by all necessary regulatory aaencies Mr Thurm seconded the motion Motion carried unanimously 3 Fence Exemption Request No 92-01 , Jungle Village , Parcel 817 , Section 15 , Township 24 South, Range 37 East, (8801 Astronaut Boulevard) - Petitioner was James Allen Owner Chairman Berger announced that the property owner had submitted a letter requesting that the fence exemption application be withdrawn There being no further business the meeting was adjourned at 8 15 P M Approved this day of �C�� 1992 Chairman,0- ua m L K1,1 of Secretary Planning & Zoning Regular Meeting May 13 1992 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MAY 27 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on May 27 1992 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Berger The Secretary called the roll MEMBERS PRESENT Arthur Berger Chairman Richard Thurm Mary Wheeler Fred DiStasio Catherine Barnes Alternate Steve Roney Alternate MEMBERS ABSENT Lamar Russell Vice Chairman OTHER PRESENT Rocky Randels Council Member James Morgan Building Official Kevin Markey Assistant City Attorney Susan Nelson Secretary Ms Wheeler moved to approve the Minutes of May 13 1992 as written Mr Thurm seconded the motion Motion carried unanimously NEW BUSINESS 1 Preliminary Plat Approval Park Villas Eastern 410 ft of Parcel 519 Section 14 , Township 24 South, Range 37 East - Thomas Quinn Agent The Board members reviewed the submitted Preliminary Plat for Park Villas Discussion was held regarding the approved Special Exception for Park Villas Mr Quinn Agent informed the Board members that Mr Spenik City Manager had advised the Mayor and City Council that no expansion was needed for the Washington Avenue pump station and that the City did not desire to purchase any of the property Discussion followed Mr Morgan Building Official noted that Mr Spooner City Engineer had reviewed the preliminary plat and recommended approval Mr Thurm moved to approve the Preliminary Plat for Park Villas Mr DiStasio seconded the motion Motion carried unanimously 2 Preli_minar_y_Plat Approval Discovery Bay a Portion of Parcel 790 , Section 15 Township 24 South, Range 37 East - James W Peeples Agent The Board members reviewed the submitted Preliminary Plat for Discovery Bay Discussion was held regarding the construction of Tower Boulevard Planning & Zoning Board Regular Meeting May 27 1992 Page 1 of 2 It was noted that the deed restrictions and protective covenants for Discovery Bay had not been submitted for review Discussion followed Mr DiStasio moved to approve the Preliminary Plat for Discovery Bay with the condition that the deed restrictions be submitted reviewed and approved by the City Attorney prior to the final plat beina considered for approval Mr Thurm seconded the motion Motion carried unanimously Add-On Discussion Items 1 Discussion Re Prelimi.na= Plat Procedures Chairman Berger requested that the Secretary place a discussion item on the next agenda reaarding preliminary plat procedures The Secretary concurred 2 Discussion Re Chapter 624 Flood Damage Protection Discussion was held regarding possible chances to Chapter 624 Flood Damaae Protection and Chapter 668 Floodplain Protection of the Cape Canaveral Code of Ordinances Kevin Markey Assistant City Attorney advised that the City Council would be discussing recommended chances at their meeting scheduled for June 11 1992 Chairman Berger requested that the Secretary mail the proposed changes to the Planning & Zoni.na Board members prior to the next meeting and to place the item for recommendation(s) to City Council on the next agenda The Secretary concurred There being no further business the meeting was adjourned at 8 30 P M Approved this !- day of _ _7C 1 1992 Chairma L �_�)/ 1 -� Secretary Planning & Zonina Board Regular Meeting May 27 1992 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JUNE 10 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on June 10 1992 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Berger The Secretary called the roll MEMBERS PRESENT Arthur Berger Chairman Lamar Russell Vice Chairman Richard Thurm Mary Wheeler Catherine Barnes Alternate MEMBERS ABSENT Fred Di.Stasi.o Steve Roney Alternate OTHERS PRESENT James Morgan Building Official Kevin Markey Assistant City Attorney Susan Nelson Secretary Ms Wheeler moved to approve the minutes of May 27 1992 as written Vice Chairman Russell seconded the motion Motion carried unanimously NEW BUSINESS 1 Site Plan Approval Park Villas , Eastern 410 ft of Parcel 519 Section 14 Township 24 South Range 37 East, (Located N E Corner of Washington and N Atlantic Avenues) - Thomas Quinn Agent The Board members reviewed the submitted site plan for Park Villas Discussion followed Mr Morgan Building Official advised that the City engineer had recommended approval with the contingency that all of the engineering comments be satisfactorily addressed Mr Thurm moved to approve the Site Plan for Park Villas with the contingency that all of the City engineering comments be satisfactorily addressed Vice Chairman Russell seconded the motion Motion carried unanimously 2 Revised Site Plan Approval Sea Era Sands Lots 1 2 6 & 7 Block 40 Avon-by-the-Sea, Section 23 , Township 24 South, Range 37 East (555 Harrison Avenue) - Richard_Poenisch Agent 3 Site Plan Approval Sea Era_Segundo Lots 1-8 Block 40 Avon- by::the-Sea Section 23 Township 24 South _ Range__3_7__East, (Located at the Corner--of Tyler and Harrison_ Avenues)_ - Richard Poenisch, Agent Planning & Zoning Regular Meeting June 10 1992 Page 1 of 2 4 Final Replat Approval Sea Era Segundo Lots 1-8 (Replat of Lots 1 , 2 6 & 7) Block 40 Avon-b -the-Sea Section 23 Township 24 South Range 37 East (Located at the Corner of Tyler and Harrison Avenues) - Richard Poenisch Agent Chairman Berger advised that the developer had requested that agenda items 2 3 and 4 be tabled until the next scheduled meeting Vice Chairman Russell moved to table agenda items 2 3 and 4 until the next scheduled meeting as requested by the developer Ms Wheeler seconded the motion Motion carried unanimously 5 Motion Re_ Recommendation to City Council to Change Chapter 624 Flood Damage Protection and Chapter 668 _Floodplain Protection of the Cape Canaveral Code of Ordinances Mr Markey Assistant City Attorney advised that the City Council would be reviewing the changes he had recommended to Chapter 624 Flood Damage Protection The Board members reviewed the recommended changes Discussion followed Vice Chairman Russell moved to recommend that the commments prepared by Mr Markey in regards to Chapter 624 Flood Damage Protection be submitted to City Council for approval and incorporated into the City ordinances Mr Morgan advised that he had been instructed by the City Manager in a memorandum dated June 10 1992 to contact various regulatory agencies for their recommendations to change Chapter 668 Flood Plain Protection He suggested that the Board table this item until the requested research is completed The Board members concurred DISCUSSION 1 Discussion Re Preliminary Plat Procedures Discussion was held regarding the submittal and review process of protective convenants and site plans Discussion continued There being no further business the meeting was adaourned at 8 45 P M Approved this _ Zi'4' day of — Wn2� 1992 Chairman Secretary Planning & Zoning Regular Meeting June 10 1992 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JUNE 24 1992 A Reaular Meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on June 24 1992 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Berger The Secretary called the roll MEMBERS PRESENT Arthur Berger Chairman Lamar Russell Vice Chairman Richard Thurm Steve Roney Alternate MEMBERS ABSENT Fred DiStasio Mary Wheeler Catherine Barnes Alternate OTHERS PRESENT James Morgan Building Official Thomas Klevinq Building Inspector Kevin Markey Assistant City Attorney Susan Nelson Secretary Vice Chairman Russell moved to approve the minutes of June 10 1992 as written and submitted Mr Thurm seconded the motion Motion carried unanimously UNFINISHED BUSINESS 1 Revised Site Plan Approval Sea_ Era Sands Lots 8-14 Block 40 , Avon-by-the-Sea, Section 23 Township 24 South Rang37 East , (555 Harrison Avenue) _ Richard Poenisch, Agent The Board members reviewed the submitted revised site plan for Sea Era Sands Mr Morgan Building Official explained that the developer had decreased the density by removina a total of four units from the original approved site plan He informed the Board that the City Enaineer had recommended approval of the revised site plan He advised that since the oriainal site plan did not allow adequate room for emergency vehicles he recommended that the contractor provide turf block on the East portion of the property for emergency ingress/egress if approved by the Department of Natural Resources (D N R ) Mr Poenisch Agent for Sea Era Sands Development Corporation stated that the developer had no objection to provide the above if approved by D N R Discussion was held regarding density calculations pervious and impervious areas setbacks parking and ingress/egress on Ridgewood Avenue Mr Kammarude Draftsman for M & K Drafting noted that nothing East of the construction control line had been changed from the original approved site plan Planning & Zoning Regular Meeting June 24 1992 Page 1 of 4 Mr Markey Assistant City Attorney informed the Board members that the Articles of Incorporation and Deed Restrictions had not been submitted for his review and approval Mr Poenisch stated that they were not received from the cooperate office He respectively requested that the Board place the approval of the Articles of Incorporation and Deed Restrictions as a contingency of the site plan approval if the Board so desired Mr Thurm moved to approve the Revised Site Plan for Sea Era Sands with the following contingencies 1 The contractor shall provide turf block on the East portion of the property for emergency ingress/egress to meet the satisfaction of the Cape Canaveral Volunteer Fire Department if approved by the Department of Natural Resources 2 The Articles of Incorporation/Deed Restrictions shall be submitted reviewed and approved by the City Attorney Vice Chairman Russell seconded the motion Motion carried unanimously 2 Site Plan Approval Sea Era Segundo Lots 1-8 , Block 40 , Avon- _by-the-Sea_ Section _23� Township 24 South, Range 37 East_ (Located at the Corner of Tyler and Harrison Avenues) - Richard Poenisch Agent The Board members reviewed the submitted site plan for Sea Era Segundo Chairman Berger recapped that the Board members had previously discussed the possibility of ingress/egress problems on Ridgewood Avenue during the preliminary plat review of this development Mr Kammarude stated that the parking specifications met the minimum City code requirements He pointed out that each townhouse would have a garage and two additional parking spaces Discussion was held regarding various existing parking problems on Ridgewood Avenue and throughout the City Mr Poenisch Agent reviewed that the developer had decreased the living units from twelve units to eight units Chairman Berger stated that the City appreciated the developer lowering the density however by doing so the developer was compounding a potential traffic problem and commented that more creativity could alleviate that concern Vice Chairman Russell voiced the opinion that part of the criteria in a site plan review process was to review a traffic flow diagram to ensure that orderly and safe traffic flow was permitted and no problems were created by a proposed ingress/egress route He pointed out that Ridgewood Avenue was a main thorouah-fair and not a residential side street It was his opinion that this pro3ect would create and compound an existing traffic safety problem The other Board members agreed The Board members discussed stormwater retention drainage setbacks and compared the ingress/egress concept of the original approved site plan with the proposed site plan for Sea Era Segundo Discussion continued The Board members reviewed Section 645 05 (C) (1) Site Plan Submittal and Review Procedures Site Plan Criteria Required Paragraph D of the Cape Canaveral Zoning Regulations Planning & Zoning Regular Meeting June 24 1992 Page 2 of 4 Vice Chairman Russell moved to disapprove the site plan for Sea Era Segundo because the project concept created a potential traffic hazard by creating multiple driveways on a main thorough-fair Mr Thurm seconded the motion Discussion followed Vice Chairman Russell pointed-out that this type of concept had been approved in the past however the other developments were not located directly on Ridgewood Avenue It was his opinion that the parking situation would also create an aggravating situation across the street at the Ridgewood Condominiums Chairman Berger agreed and advised that a majority of the other developments backed their cars onto the side streets and reiterate that more creativity would alleviate this concern Discussion continued Mr Rammarude repeated that the site plan complied with all applicable current City codes He noted that this development had more additional parking than other existing developments located on Ridaewood Avenue Vice Chairman Russell advised that the developer could withdraw the agenda item at anytime if he so desired Discussion was held regarding possible other concepts for the development of the property Mr Russell moved to withdraw his original motion Mr Thurm seconded the withdrawal and moved to table this agenda item until further research was performed on the potential traffic problems that may exist on Ridgewood Avenue Mr Russell seconded the motion Motion carried unanimously 3 Final Replat Approval , Sea Era Segundo, Lots 1-8 (Replat of Lots 1 , 2 , 6 & 7 ) , Block 40L Avon-by-the-Sea , Section 23 , Township 24 South, Range 37 East (Located at the Corner of Tyler and Harrison Avenues) - Richard Poenisch Agent Vice Chairman Russell moved to table the Final Replat for Sea Era Segundo Mr Roney seconded the motion Motion carried unanimously NEW BUSINESS 1 Site Plan Approval , Discovery Bay, a portion of Parcel 790 , Section 15 , Township 24_ South� Ranke 37 East -_James W_ Peeples , Agent Mr Markey Assistant City Attorney advised the Board members that he had reviewed and commented on the oriqinal submitted Deed Restrictions and Protective Covenants and that he received a new set this evening and did not have an opportunity to review them Mr Morgan Building Official informed the Board that the City Engineer had recommended approval of the site plan with the condition that his remaining engineering comments be satisfactorily addressed Mr Morgan further informed the Board members that the Cape Canaveral Volunteer Fire Department had requested that the fire hydrant be relocated Chairman Berger gave a brief history of Discovery Bay and pointed out that this site plan had been previously approved however the time had expired The Board members reviewed the contingencies placed on the original approved site plan Discussion followed Mr Markey stated that the site plan and final plat must comply with Section 503 05 Procedure for Approval of Final Plat of the Cape Canaveral Subdivision of Land Regulations Mr Markey advised that he had reviewed an executed easement that was not recorded He recommended that the City perform a title search and that the City reinsure that if the easement had been deeded that it was deeded by the property owner of record Planning & Zoning Regular Meeting June 24 1992 Page 3 of 4 Mr Russell moved to approve the Site Plan for Discovery Bay with the following contingencies 1 All City Engineers comments shall be satisfactorily addressed 2 Relocate the fire hydrant to a location approved by the Cape Canaveral Volunteer Fire Department 3 Meet all the contingencies previously placed on the original site plan approved by the Planning & Zoning Board on November 14 1990 4 The Articles of Incorporation of Discovery Bay Homeowners Association Inc meet the approval of the City Attorney Mr Thurm seconded the motion Motion carried unanimously DISCUSSION Discussion was held regarding the agenda items listed for the next meeting parking problems on Ridgewood Avenue legally non- conforming lots of record located in Avon-by-the-Sea setback requirements square footage lot sizes and parking requirements for townhouses Chairman Berger requested that the Secretary place a discussion item on the next scheduled meeting agenda regarding townhouses Mr Russell moved to add an agenda item to recognize Mr Ben Shoemaker Mr Thurm seconded the motion Motion carried unanimously Mr Shoemaker an attorney representing Sea Era Sands Development Corporation asked the Board members if the approval of the revised Sea Era Sands Site Plan nullified the original existing approved Sea Era Sands Site Plan After discussion it was concluded that the Board members desired to work with the developer and welcomed them to come back before the Board to present the concept that they desired to develop The Board members agreed that the original site plan was still an existing active site plan There being no further business the meeting was adjourned at 9 43 P M Approved this ��� day of _ _ _c(w(N _ 1992 Chairman -- Secretary Planning & Zoning Regular Meeting June 24 1992 Page 4 of 4 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JULY 8 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on July 8 1992 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Berger The Secretary called the roll MEMBERS PRESENT Arthur Berger Chairman Richard Thurm Fred DiStasio Mary Wheeler Steve Roney Alternate MEMBERS ABSENT Lamar Russell Vice Chairman Catherine Barnes Alternate OTHERS PRESENT James Morgan Building Official Thomas Klevinq Building Inspector Kevin Markey Assistant City Attorney Dave Sargeant Fire Chief CCVFD Susan Nelson Secretary Mr Thurm moved to approve the minutes of June 24 1992 as written and submitted Ms Wheeler seconded the motion Motion carried unanimously UNFINISHED BUSINESS 1 Site Plan_AQproval Sea Era_S_qgundo Lots 1-8 Block 40 Avon- -the-Sea Section 23 To_wnsh;.p_ 24_South_ _Range 37 East__ (Located at the Corner of _Tyler_ and Harrison Avenues) - Richard Poenisch Agent 2 Final Replat Approval Sea Era Segundo Lots 1-8 (Replat of Lots 1 2 6 & 7) Block 40 Avon-by-_the-Sea_ Section_ _23 Township 24 _South_ Rancce 37 East (Located at the Corner of Tyler and Harrison Avenues) - Richard�Poenisch__ Agent Mr Thurm moved to combine the two agenda items Ms Wheeler seconded the motion Motion carried unanimously Mr Joseph Scott Attorney representing Sea Era Sands Development Corporation Inc reviewed that the density had been reduced from the original site plan by four units He pointed out that the proiect met all existing applicable City codes The Board members voiced their concerns regarding the driveways being located on a main thorough-fair which could create a potential traffic hazard Mr Morgan Building Official advised that Ridgewood Avenue became the responsibility of Brevard County in 1990 and further that the Department of Transportation had approved the prosect and issued a street cut permit (Exhibit 1) Planning & Zoning Recrular Meeting July 8 1992 Page 1 of 3 Mr Moraan submitted three minor traffic/accident reports provided by the Brevard County Sheriff s Department (Exhibit 1) Discussion followed Mr Morgan made the suggestion that the contractor provide turf block to enhance the green area if this project was approved Discussion continued Mr Markey Assistant City Attorney advised that the applicant had provided the Deed Restrictions and Articles of Incorporation this evening therefore he dial not have an opportunity to review them He requested that the approval of the project be contingent upon his review and approval of the above Mr Markey reviewed the criteria of Section 645 05 (C) and (D) of the Cane Canaveral Zoning Regulations It was his legal opinion that the developer had met the requirements of that section of the code Discussion followed Mr Wheeler voiced her opinion that it was not desirable to meet the minimum requirements and that townhouses of this concept aesthetically gave a crowding effect and did not provide for adequate Green areas It was further her opinion that the original approved Sea Era Sands site plan concept was more desirable for the City Discussion followed Mr Thurm moved to approve the Site Plan and recommended approval of the Final Plat for Sea Era Seaundo with the following contingencies 1 The Articles of Incorporation and Deed Restrictions shall meet the City Attorney s approval 2 Turf block shall be provided by the contractor and used to enhance green areas Mr DiStasio seconded the motion Vote on the motion was as follows in favor Mr Berger Mr DiStasio Mr Roney and Mr Thurm opposed Ms Wheeler Motion carried NEW BUSINESS 1 Site Plan Approval Terminal Modifications - Truck Loading Rack Consolidation Heater Building,_ Tank Fire Protection System, Parcel _271 , Section 14 , Township 24 South, Range 37 East, (Located at 10 Tanker Turn Road) - Henry Carta_ya, Agent for Coastal Fuels Marketing Inc _,_ Owner The Board members reviewed the site plan submittal Mr David Sargeant Fire Chief CCVFD stated that the fire department was very satisfied with the proposed fire protection and hydrant system He requested that the manual push buttons for the foam loading rack systems be identified with larger signage and the existing foam water intake be clearly labeled Mr Henry Cartaya Manager of Engineering Services for Coastal Fuels Marketing Inc explained the proposed modifications to the Board members He noted that the modifications would enhance the environment and be in accordance with the granted special exception He pointed out that major work anticipated for the next several years at the facility was included in the submitted site plan the pipeline required for natural gas for the proposed heaters had been expedited and was expected to be completed within a short period of time an NFPA approved fire protection system for the proposed heaters was included in the submitted site plan a canopy of sufficient size to virtually eliminate offsite disposal/treatment requirement of contaminated stormwater was proposed a state of the art tank fire protection system was proposed He further informed the Board member that the hot oil heater fuel would be natural gas Discussion followed Planning & Zoning Regular Meeting July 8 1992 Page 2 of 3 Mr DiStasio moved to approve the Site Plan for Coastal Fuels with the following contingencies 1 All City Engineers comments shall be satisfactorily addressed 2 Signage and labeling shall be provided as requested by the CCVFD Mr Thurm seconded the motion Motion carried unanimously 2 Site Plan Approval Rush Construction - Office Building Parcel 785 Section 15 Townsh_ iap _2_4_ South, Range 37 East (Located Directly Behind 8660 Astronaut Boulevard) - Eduardo A Rabel , Owner The Board members reviewed the submitted Site Plan Mr Michael Allen Agent advised that the building would be utilized as an office building for Rush Construction Company Discussion was held regarding storing of construction materials on site Chairman Berger noted that Rush Construction had been awarded the 1992 Architectural Award Ms Wheeler moved to approve the Site Plan for Rush Construction Office Buildinct with the contingency that all of the City Engineer s comments shall be satisfactorily addressed Mr Distasio seconded the motion Motion carried unanimously DISCUSSION 1 Discussion Re Townhouses Discussion was held regarding the townhouse regulations Mr Morgan Building Official stated that he would draft some suggestions to change the existinq townhouse regulation to present at the next meeting for further consideration Chairman Berger asked that the Secretary place this subject as a discussion item on the next scheduled meeting agenda There being no further business the meeting was adjourned at 9 15 P M Approved this day of _ G� �( lt,,� — 1992 Chairma Secretary Planning & Zoninq Regular Meeting July 8 1992 Page 3 of 3 FORM 813 MEMOkANDUM OF VOTING twONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME I-IRSI NAME MIDDt E NAME NAME OF BOARD COUNCIL COMMISSION AUTHORITY OR COMMITTEE I < 1 cl e r I -F\ r f h lJ(- -P han n I n � �n m MAII ING ADDRESS THE BOARD COUNCIL COMMISSION AUTHOI ITY OR COMMITTEE ON w� C�Ccv�f1 J Av e n U c-- WHICH 1 SERVE IS A UNIT OF CITY COUNTY r3'CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY C C_+ CCQ-I\0-,, Chi / / NAME OF POLITICAL SUBDIVISION eVC DATE ON WHICH VOTE OCCURRED MY POSITION IS ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 811 This form is for use by any person serving at the county city or other local level of government on an appointed or elected board council commission authority or committee. It applies equally to members of advisory and non advisory bodies who are presented with a voting conflict of interest under Section 112 3143 Florida Statutes Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position For this reason please pay close attention to the instructions on this form before completing the reverse side and filing the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143 FLORIDA STATUTES A person holding elective or appointive county municipal or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he Is retained) to the special private gain of a relative or to the special private gain of a business associate Commissioners of community redevelopment agencies under Sec 163 356 or 163 357 F S and officers of Independent special tax districts elected on a one acre one vote basis are not prohibited from voting in that capacity For purposes of this law a"relative includes only the officers father mother son daughter husband wife father in law mother in law son in law and daughter in law A business associate means any person or entity engaged in or carrying on a business enterprise with the officer as a partner point venturer coowner of property or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange) ELECTED OFFICERS In addition to abstaining from voting in the situations described above you must disclose the conflict PRIOR TO THE VOTE BEiNG TAKEN by publicly stating to the assembly the nature of your Interest in the measure on which you are abstaining from voting and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting who should incorporate the form in the minutes APPOINTED OFFICERS Although you must abstain from voting in the situations described above you otherwise may participate in these matters However you must disclose the nature of the conflict before making any attempt to influence the decision whether orally or in writing and whether made by you or at your direction IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting who will incorporate the form in the minutes • A copy of the form must be provided immediately to the other members of the agency • The form must be read publicly at the next meeting after the form is filed CE FORM 8B 10 91 PAGC I FORM 86 MEMOKANDUM OF VOTING t.ONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME FIRST NAME MIDDLELNAME ) NAME OF BOARD COUNCIL COMMISSION AUTHORITY OR COMMITTEE CV l� L Z � U MAII ING ADDRESS' THE BOARD COUNCIL COMMISSION AUTHORITY OR COMMITTEE ON n WHICH i SERVE IS A UNIT OF I� 107 / CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY L/ / NAME OF POLITICAL SUBDIVISION 2 -V DATE ON WHICH VOTE OCCURRED MY POSITION IS ` ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county city or other local level of government on an appointed or elected board council commission authority or committee. It applies equally to members of advisory and non advisory bodies who are presented with a voting conflict of interest under Section 112 3143 Florida Statutes Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position For this reason please pay close attention to the instructions on this form before completing the reverse side and filing the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143 FLORIDA STATUTES A person holding elective or appointive county municipal or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain Each elected or appointed local officer also Is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he Is retained) to the special private gain of a relative or to the special private gain of a business associate Commissioners of community redevelopment agencies under Sec 163 356 or 163 357 F S and officers of independent special tax districts elected on a one acre one vote basis are not prohibited from voting In that capacity For purposes of this law a"relative Includes only the officers father mother son daughter husband wife father In law mother In law son In law and daughter in law A business associate means any person or entity engaged in or carrying on a business enterprise with the officer as a partner point venturer coowner of property or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange) ELECTED OFFICERS In addition to abstaining from voting in the situations described above you must disclose the conflict PRIOR TO THE VOTE BEiNG TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting who should incorporate the form in the minutes APPOINTED OFFICERS Although you must abstain from voting In the situations described above you otherwise may participate in these matters However you must disclose the nature of the conflict before making any attempt to influence the decision whether orally or In writing and whether made by you or at your direction IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHiCH THE VOTE WLL BE TAKEN • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting who will incorporate the form in the minutes • A copy of the form must be provided Immediately to the other members of the agency • The form must be read publicly at the next meeting after the form is filed CE FORM 8B 1091 PAGE I CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING AUGUST 12 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on August 12 1992 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Berger The Secretary called the roll MEMBERS PRESENT Arthur Berger Chairman Lamar Russell Vice Chairman Richard Thurm Fred DiStasio Mary Wheeler Steve Roney Alternate Catherine Barnes Alternate OTHERS PRESENT James Morgan Building Official Kevin Markey Assistant City Attorney Susan Nelson Secretary Mr Thurm moved to approve the minutes of July 8 1992 as written and submitted Mr DiStasio seconded the motion Motion carried unanimously NEW BUSINESS 1 Preliminary Rep_lat Approval Section_ 23 Township 24 South Range 37_East Lot 3_ and West 1/2 of Lot 4 Block 1_2 Avon-_bv- the-Sea_ (Seavlew Townhomes) = Arthur W__Berger Owner The Board members reviewed the preliminary replat for Seavi.ew Townhomes Mr Morgan noted that the City Engineer had recommended approval of the preliminary replat Mr Berger explained that he had originally intended to construct three townhouses and after further consideration he had decided to construct two townhouses Discussion followed Mr Berger and Mr Ronev announced that due to a vested interest in the property thev would abstain from voting Mr Russell moved to approve the preliminary replat for Seaview Townhomes Mr DiStasio seconded the motion Motion carried unanimously with Mr Berger and Mr Roney abstaining DISCUSSION 1 Discussion Re_ Townhouses The Board members reviewed a memorandum from Mr Morgan reaarding possible suggested changes of Section 639 Townhouse Area and Dimension Regulations of the Cape Canaveral Zoning Regulations Discussion followed Planning & Zoning Board Regular Meeting Auaust 12 1992 Page 1 of 2 The Board members made various sugaestions to change the townhouse reaulations Chairman Beraer asked the Secretary to draft the recommended changes furnish them to the City Attorney for his review and place this item on the next meetinq agenda for recommendation to City Council The Secretary concurred There beina no further business the meeting was adjourned at 9 00 P M Approved this -c +L day of _ �u���L� _ 1992 Chairman Secretary Planning & Zonina Board Reaular Meeting Auaust 12 1992 Page 2 of 2 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING • You must disclose orally the nature of your conflict in the measure before participating • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting who must Incorporate the form in the minutes A copy of the form must be provided immediately to the other members of the agency and the form must be read publicly at the next meeting after the form is filed DISCLOSURE OF LOCAL OFFICERS INTEREST 1 1, C JE b A4 F/ hereby disclose that on a 19—u (a) A measure came or will come before my agency which(check one) Inured to my special private gain Inured to the special gain of my business associate Inured to the special gain of my relative Inured to the special gain of by whom 1 am retained or Inured to the special gain of which Is the parent organization or subsidiary of a principal which has retained me (b) The measure before my agency and the nature of my conflicting Interest in the measure Is as follows 6 N(G 37) bA5% LOr 3 �--v�-� �� 1 L6r L4 0( XI HE r -FCWN140/���� � Date Filed Signature NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112 317 (1991) A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT DEMOTION REDUCTION IN SALARY REPRIMAND OR A CIVIL PENALTY NOT TO EXCEED$5 000 CE FORM 8B 1091 PAGE 2 FORM 8B MEMORANDUM OF VOTING t:ONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME FIRST NAME--MIDDLE NAME NAME OF BOARD.COUNCIL.COMMISSION.AUTHORITY,OR COMMITTEE EIQ L, PLANA] Ai MAILING ADDRESS) THE BOARD,COUNCIL,COMM SSION,AUTHORITY OR COMMITTEE ON O �j J WHICH I SERVE IS A UNIT OF:i c X 10 7 / A CITY 0 COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: (APE C.(fNA VE-12; L Q( V(I-0 DATE ON WHICH VOTE OCCURRED MY POSITION IS: D a 0 ELECTIVE ))I APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board, council,commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting in that capacity. For purposes of this law,a "relative"includes only the officer's father, mother,son,daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. CE FORM 8B-I0-91 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING • You must disclose orally the nature of your conflict in the measure before participating • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting who must Incorporate the form in the minutes A copy of the form must be provided Immediately to the other members of the agency and the form must be read publicly at the next meeting after the form is filed DISCLOSURE OF LOCAL OFFICERS INTEREST r1 1 T hV r ��"'� F r hereby disclose that on �� 1 "— 19 ILL (a) Ameasure came or will come before my agency which(check one) —L. I/nured to my special private gain Inured to the special gain of my business associate inured to the special gain of my relative inured to the special gain of by whom I am retained or Inured to the special gain of which is the parent organization or subsidiary of a principal which has retained me (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows Part owner of townhouse project (Seaview Townhomes) located in Section 23 Township 24 South Range 37 East Lot 3 and West 1/2 of Lot 4 Block 12 Avon by the Sea August 12. 1992 Date Filed Signature NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112 317 (1991) A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT DEMOTION REDUCTION IN SALARY REPRIMAND OR A CIVIL PENALTY NOT TO EXCEED$5 000 CE FORM 8B 1091 PAGE 2 FORM 8B MEMOI ANDUM OF VOTING %;ONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE E= �� ( • ctn r1 ! n c( MAILING ADDRESS a THE BOARD,COUNCIL.COMMISSION,AUTHORITY OR COMMITTEE ON �q / 5 J�v e n U�� WHICH I SERVE IS A UNIT OF: 0-----CITY 0 COUNTY 0 OTHER LOCAL AGENCY CITY COUNTY C�Oa V�JI F L vay / NAME OF POLITICAL SUBDIVISION: _1342DATE ON WHICH VOTE OCCURRED �r�, MY POSITION IS: 6 0 ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,commission, authority,or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law,a "relative"includes only the officer's father, mother,son,daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. CE FORM 8B-10-91 PAGE 1 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING AUGUST 26 1992 A Reaular Meetina of the Plannina & Zonina Board of the City of Caoe Canaveral Florida was held on Auaust 26 1992 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Beraer The Secretary called the roll MEMBERS PRESENT Arthur Berqer Chairman Lamar Russell Vice Chairman Richard Thurm Fred DiStasio Mary Wheeler Catherine Barnes Alternate MEMBERS ABSENT Steve Ronev Alternate OTHERS PRESENT Rocky Randels Council Member James Morgan Buildina Official Kevin Markey Assistant City Attorney Susan Nelson Secretary Mr Thurm moved to approve the minutes of Auaust 12 1992 as written and submitted Ms Wheeler seconded the motion Motion carried unanimously NEW BUSINESS 1 Motion Re Recommendation-to City Council_ to Chance Section_ 63903 _ Townhouse _Area and Dimension Regulations of the Caere Canaveral Zoning Regulations The Board members reviewed and discussed the contents of a draft of their recommendations to chance the existina townhouse reaulations Mr Markev Assistant City Attornev advised that the recommendations were consistent with the Comprehensive Plan and compatible with the Citv s future land use map Discussion was held reaardina the Board s intent to chance the existing townhouse regulations Mr Markey suggested that the intent be incorporated into the Zonina Regulations After discussion it was concluded that the Board s intent of this chance is as follows Intent In accordance Rith the Corurehensive Plan the intent of this Ordinance is to promote sinale family dwellings increase areen area increase percolation and increase parkina area The objective of the ordinance is to force a 50 ft lot rebuild to remain as a single familv dwellina instead of a duplex or townhouse Plannina & Zoning Board Regular Meetina August 26 1992 Paae 1 of 2 Chairman Beraer requested that Mr Markey prepare a final draft of the recommended chanaes to be presented to the Board at the next scheduled meeting for motion to recommend the chanaes to City Council Mr Markey concurred ADD-ON DISCUSSION 1 Discussion Re Nepotism Vice Chairman Russell asked Mr Randels to advise the Board members of City Councils discussion regarding nepotism Mr Randels explained that the sub3ect had been presented at a Reaular City Council meeting not at a Workshop meeting He explained that concern had been raised regarding nepotism as it applied to the City Charter and possible violation of the Florida Sunshine Laws Discussion followed 2 Discussion Re Political Candidates Mr Randels advised that two Council members seats were expirina Ms Wheeler announced that she had considered running for City Council but she had decided not to run 3 Discussion Re__ Planning & Zoning Board Budget Vice Chairman Russell advised that the Board had a budget line item for training travel and per diem There being no further business the meetina was ad-iourned at 8 45 P M Approved this q' `_ day of 1992 Chairman K"Prl_ _ Secretary Planninq & Zoning Board Regular Meeting Auaust 26 1992 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING SEPTEMBER 9 1992 A Reaular Meetina of the Plannina & Zonina Board of the Citv of Cape Canaveral Florida was held on September 9 1992 at the Citv Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairman Beraer The Secretary called the roll MEMBERS PRESENT Arthur Beraer Chairman Lamar Russell Vice Chairman Richard Thurm Mary Wheeler Catherine Barnes Alternate Steve Ronev Alternate MEMBERS ABSENT Fred DiStasic OTHERS PRESENT Pocky Randels Council Member James Moraan Buildina Official Kevin Markev Assistant Citv Attornev Susan Nelson Secretary Vice Chairman Russel± moved to approve the minutes of Auaust 26 1992 Ms Wheeler seconded time motion Motion carried unanimously UNFINISHED BUSINESS i Motior Re--Recommendation to Cid Council to Chancre Section 639_03 _Townhouse Area and iDimension_Pectulatlons_ of tr_e Cie Canaveral Zoning Reaulations The Board members reviewed a draft of the proposed cnanaes to the existina townhouse regulations prepared by the Citv Attorney Discussion followed Ms Wheeler moved to recommend approval to chance the existina townhouse reaulations as Presented with one Tinor correction Mr Russell seconded the motion Motion carried unanimously DISCUSSION Mr Ronev suaaested that the Board members take time to review new plans prior to the -neetinas Discussion followed Mr Russell spoke reaardina a nepotism ordinance that woald be placed on the next election ba-lot He advised that spouses would not be allowed to serve on Lity Boards He explained that if the ordinance is approved after 15 vears of unpaid voluntary service to the community he would resign Prior to his term expirina because it was obvious that the Citv did not want people lire nimself to serve He stated that this was a bitter way to end Plannina & Zonina Reaular Meetina September 9 1992 Paae 1 of 2 Chairman Beraer stated that the nepotism issue was a true injustice to the volunteers and a aross waste of valuable talent and dedication Fe announced that he was resianina from the Plannina & Zoninq Board to run for City Council in the upcom-na election He thanked Mr Thurm for sharing his wisdom auidance and history of the City for the past 20 years He thanked Mr Russell for sharina his wisdom and for teaching him patience to listen He stated that Mr Russel_ had tauaht hi-n that a public official should do hl lob from his heart and make decisions that are in the best interest of the City ana that ~nonev should not be the drivina factor to serve his community Mr Thur- concurred with Mr Russell and appreciated the remaris made by Chairman Beraer He annourced that his term would be expirina on September 15 1992 and it was doubtful that he would be reappointed by City Council to serve because of the nepotism issue Discussion was held reaardina nepotism There beina no farther business the meetina was aaiourned at 9 00 P M Approved this � day of � L _ 1992 ie Chairman Secretary w_ _ N Plannina & Zoning Reaular Meeting September 9 1892 Paae 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING SEPTEMBER 23 , 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on September 23 1992 at the City Hall Annex 111 Polk Avenue, Cape Canaveral Florida The meeting was called to order at 7 30 P M by Acting Chairman Russell The Secretary called the roll MEMBERS PRESENT Lamar Russell Acting Chairman Catherine Barnes Alternate Steve Roney Alternate MEMBERS ABSENT Mary Wheeler Fred Di.Stasio OTHERS PRESENT Artis Gunn Acting Building Official Kevin Markey Assistant City Attorney Susan Nelson Secretary Mr Roney moved to approve the minutes of September 9, 1992 as submitted Ms Barnes seconded the motion Motion carried unanimously NEW BUSINESS 1 Fence Exemption Request No 92-03 to allow a six-foot high privacy fence, Section 23 , Township 24 South, Range 37 East, Lot 8 , Block 70, Avon by the Sea Subdivision (227 Lincoln Avenue) - Petitioners Dennis and Marsha McNew The Board members reviewed the submitted application and a drawing of the fence placement Mr Dennis McNew advised that a six foot fence was necessary because they owned a watchdog which could jump over a four foot high fence He also voiced an opinion regarding undesirable neighbors Mr Roney suggested that the McNew's contact the Sheriffs department regarding the neighbors Discussion followed Mr Roney moved to approve Fence Exemption Request No 92-03 since the applicants demonstrated that an ascertainable and definable hazard existed (watchdog) and that the hazard will be reduced by allowing a six foot high fence Ms Barnes seconded the motion Motion carried unanimously 2 Final Plat Approval, Section 14 , Township 24 South Range 37 East, Lots 1 - 10 and 43 - 48 , Ocean Gardens, Wave One - James E Murphy, Agent for William Bennix, Trustee The Board members reviewed the final plat for Ocean Gardens - Wave One Planning & Zoning Board Regular Meeting September 23 1992 Page 1 of 2 Mr Gunn advised that the City Engineers had reviewed the final plat and found a discrepancy in the bearing call out contained within the legal description and shown on the boundary survey which he requested be clarified Mr Markey advised that he had reviewed the draft of the Protective Covenants and found no discrepancies Discussion was held regarding maintenance of utilities It was concluded that the utilities be incorporated into the Protective Covenants and that a new draft be furnished to the City Attorney for review Mr Roney moved to recommend approval of the Final Plat for Ocean Gardens - Wave One with the following conditions 1 All discrepancies noted by the City Engineer in his letter dated August 1, 1991 be satisfactorily addressed 2 The Protective Covenants shall clearly state that the sewer lines are privately owned and maintained Ms Barnes seconded the motion Motion carried unanimously There being no further business the meeting was adjourned at 8 35 P M Approved this �' T44 day of 1992 Chairman Lilt) Secretary Planning & Zoning Board Regular Meeting September 23 1992 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING OCTOBER 14 , 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on October 14, 1992 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida The meeting was called to order at 7 30 P M by Acting Chairman Russell The Secretary called the roll MEMBERS PRESENT Lamar Russell Acting Chairman Mary Wheeler Catherine Barnes Alternate Steve Roney Alternate OTHERS PRESENT James Morgan Building Official Thomas Kleving Building Inspector Kevin Markey Assistant City Attorney Susan Nelson Secretary Mr Roney moved to approve the minutes of September 23 , 1992 as submitted Ms Barnes seconded the motion Motion carried unanimously NEW BUSINESS 1 Preliminary Plat Approval Cape Gardens Sec 22/23 Twp 24S Rote 37E, Parcels 263 and 283 1 - James E Murphy Agent for William Bennix, Trustee Mr Morgan reported that Mr Murphy had requested that this item be postponed until the next scheduled meeting since there were various comments from the City Engineer that needed to be addressed Ms Wheeler moved to postpone the preliminary plat for Cape Gardens until the next scheduled meeting Mr Roney seconded the motion Motion carried unanimously 2 Preliminary Replat Approval Cape View Townhomes Lots 11 & 12 (Replat of Lots 1, 2 & 3) Block 24 Avon by the Sea Sec 23 Twp 24S, Rae 37E, (609 611 & 613 Madison Avenue) - John L Murphv, Aaent for Pamela S Darmstadt and William DuPont Owners Mr Morgan advised that the City Engineer had two comments and that one of them remained to be corrected Mr John Murphy, Agent, advised that the Department of Natural Resources had required that the lot sizes be reduced The lots were reduced as required and a D N R permit was issued Ms Wheeler moved to approve the preliminary replat for Cape View Townhomes Mr Roney seconded the motion Motion carried unanimously Planning & Zoning Board Regular Meeting October 14, 1992 Page 1 of 2 3 Final Plat Approval, Park Villas, Eastern 410 feet of Parcel 519 , Lots 1-15, Sec 14 & 23 , Twp 24S, Rote 37E, (108-134 Washington Avenue) - Q & W Construction, Inc - Owner Mr Quinn advised that only one minor change had been made to the plat Ms Wheeler moved to recommend approval of the final plat for Park Villas to City Council Ms Barnes seconded the motion Motion carried unanimously 4 Motion Re Canceling Regular Meetings of November 11, 1992 (Veterans Day) , November 25, 1992 (Day before Thanksgiving) , and December 23 , 1992 (Christmas Week) Ms Wheeler moved to cancel the regularly scheduled meetings of November 11, 1992, November 25, 1992, and December 23, 1992 Mr Roney seconded the motion Motion carried unanimously DISCUSSION 1 Election of Officers Mr Roney nominated Mr Russell as Chairman Ms Wheeler seconded the nomination Mr Russell spoke regarding nepotism and later accepted the nomination to remain as Chairman until his term expires Vote was unanimous Mr Roney nominated Ms Wheeler as Vice Chairman Mr Russell seconded the nomination Ms Wheeler excepted the nomination Vote was unanimous 2 Discussion Re Understanding the Zoning Variance Chairman Russell gave an informative presentation on requirements which must be met when granting a variance and explained the difference between a variance and a special exception 3 Discussion Re Xeriscape Legislation Discussion was held regarding the City implementing Xeriscape Legislation Discussion was held regarding xeriscape After discussion, it was concluded that this issue be reviewed by the Beautification Board and the possibility of the City implementing xeriscape in a future beautification protect Mr Morgan advised that he would contact other municipalities to inquire about xeriscape and possibly obtaining model ordinances from them, contact the St Johns Water Management District to request a representative speak to the various City Boards, and contact the Florida League of Cities for implementation information Discussion continued Chairman Russell requested that this discussion item be placed on the next agenda for further discussion There being no further business, the meeting was ad3ourned at 8 45 A M n Approved this Z$7� day ofyayo' , 1992 A0, AO, 144mdj Chairman Suom L Niabd'rl_ Secretary Planning & Zoning Board Regular Meeting October 14 1992 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING OCTOBER 28 , 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on October 28, 1992 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida The meeting was called to order at 7 30 P M by Acting Chairman Russell The Secretary called the roll MEMBERS PRESENT Lamar Russell Chairman Mary Wheeler Vice Chairman Catherine Barnes Steve Roney Bruce Collins Beatrice McNeely Alternate MEMBERS ABSENT Buzz Petsos Alternate OTHERS PRESENT James Morgan Building Official Thomas Kleving Building Inspector Kevin Markey Assistant City Attorney Susan Nelson Secretary Ms Wheeler moved to approve the minutes of October 14 1992 as submitted Ms Barnes seconded the motion Motion carried unanimously UNFINISHED BUSINESS 1 Preliminary Plat Approval Cape Gardens Section 23 , Township 24 South, Range 37 East Parcels 263 and 283 1 - James E Murphy, Agent for William Bennix, Trustee Mr Morgan advised that the developer needed additional time to answer the City engineer's comments and requested that this item be tabled until the next scheduled meeting Ms Barnes moved to postpone the preliminary plat approval for Cape Gardens until the next scheduled meeting Mr Collins seconded the motion Motion carried unanimously NEW BUSINESS 1 Final Plat Approval, Sea View Townhomes, Section 23 , Township 24 South, Range 37 East Lot 3 and West 1/2 of Lot 4 , Block 12 Avon by the Sea, (625 & 627 Adams Avenue) - Arthur W Berger, Owner Mr Roney announced that he would abstain from voting due to a vested interest Mr Morgan advised that the City engineer had recommended approval of the final plat Planning & Zoning Board Regular Meeting October 28 1992 Page 1 of 2 The Board members reviewed the final plat for Sea View Townhomes Discussion followed Ms Wheeler moved to recommend approval of the final plat for Sea View Townhomes to the City Council Ms Barnes seconded the motion Motion carried unanimously with Mr Roney abstaining DISCUSSION 1 Discussion Re Xeriscape Legislation Mr Morgan advised that he had contacted Terry Shoemann from the St Johns River Water Management District in Palatka Mr Shoemann advised him that he would have a representative give a presentation to the City regarding Xeriscape if the City so desired He added that the City of Melbourne was in the process of drafting a Xeriscape ordinance and would obtain a copy of the draft when available Chairman Russell requested that this item be placed on the next agenda for further discussion Add-On Discussion 1 Discussion Re The Comprehensive Plan Chairman Russell explained the contents of the comprehensive plan for the new Board members He suggested that the new Board members review the Comprehensive Plan and be prepared to ask questions and/or concerns at the next scheduled meeting There being no further business, the meeting was adjourned at 8 50 P M Approved this day of Ox 1992 X x"U -er Chairman LNLL Secretary Planning & Zoning Board Regular Meeting October 28 1992 Page 2 of 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LZ T`N�E-hIRSl NAME�ID����E � NAME�AR�OUN%COUNCIL ISSN AUTHORITY OR COMMITTEE VV G 2-�,�/ AV C!:�;, MAII ING ADDRES THE BOARD COUNCIL COMMISSION AUTHORITY OR COMMITTEE ON G� �( WHICH I SERVE IS A UNIT OF v \ / l / CITY ❑ COUNTY ❑ OTHER LOCAI AGENCY CITY COUNTY CL NAME OF POLITICAL SUBDIVISION DATE I WHICH VOTE OCCURRED MY POSITION IS ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 811 This form is for use by any person serving at the county city or other local level of government on an appointed or elected board council commission authority or committee. It applies equally to members of advisory and non advisory bodies who are presented with a voting conflict of Interest under Section 112 3143 Florida Statutes Your responsibilities under the law when faced with a measure in which you have a conflict of Interest will vary greatly depending on whether you hold an elective or appointive position For this reason please pay close attention to the instructions on this form before completing the reverse side and filing the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143 FLORIDA STATUTES A person holding elective or appointive county municipal or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained) to the special private gain of a relative or to the special private gain of a business associate Commissioners of community redevelopment agencies under Sec 163 356 or 163 357 F S and officers of independent special tax districts elected on a one acre one vote basis are not prohibited from voting in that capacity For purposes of this law a relative includes only the officer s father mother son daughter husband wife father in law mother In law son in law and daughter in law A business associate means any person or entity engaged in or carrying on a business enterprise with the officer as a partner point venturer coowner of property or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange) ELECTED OFFICERS In addition to abstaining from voting in the situations described above you must disclose the conflict PRIOR TO THE VOTE BEiNG TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting who should incorporate the form in the minutes APPOINTED OFFICERS Although you must abstain from voting in the situations described above you otherwise may participate in these matters However you must disclose the nature of the conflict before making any attempt to influence the decision whether orally or In writing and whether made by you or at your direction iF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN • You must complete and file this form (before making any attempt to Influence the decision) with the person responsible for recording the minutes of the meeting who will incorporate the form in the minutes • A copy of the form must be provided Immediately to the other members of the agency • The form must be read publicly at the next meeting after the form is filed CE FORM 8B 10.91 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING • You must disclose orally the nature of your conflict in the measure before participating • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting who must incorporate the form in the minutes A copy of the form must be provided immediately to the other members of the agency and the form must be read publicly at the next meeting after the form is filed rDISCLOSURE OF LOCAL OFFICERS INTEREST 1 0^A—:/ hereby disclose that on 19 (a) A measure came or will come before my agency which(check one) X,tnured to my special private gain inured to the special gain of my business associate inured to the special gain of my relative inured to the special gain of by whom I am retained or inured to the special gain of which is the parent organization or subsidiary of a principal which has retained me (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows l-fAVC- TIE 0 NTE XE-si � N llIE Date Ffied Signature NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112 317 (1991) A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT DEMOTION REDUCTION IN SALARY REPRIMAND OR A CIVIL PENALTY NOT TO EXCEED$5 000 CE FORM 811 10 91 PAGE 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING DECEMBER 9 , 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on December 9, 1992 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida The meeting was called to order at 7 30 P M by Chairman Russell The Secretary called the roll MEMBERS PRESENT Lamar Russell Chairman Mary Wheeler Vice Chairman Catherine Barnes Steve Roney Bruce Collins Buzz Petsos 1st Alternate Beatrice McNeely 2nd Alternate OTHERS PRESENT Bennett Boucher Acting City Manager Rocky Randels Council Member James Morgan Building Official Thomas Kleving Building Inspector Evelyn Hutcherson Code Enforcement Officer Kevin Markey Assistant City Attorney Susan Nelson Secretary Ms Wheeler moved to approve the minutes of October 28, 1992 as submitted Mr Collins seconded the motion Motion carried unanimously UNFINISHED BUSINESS 1 Preliminary Plat Approval, Cape Gardens, Section 23 , Township 24 South, Range 37 East, Parcels 263 and 283 1 - James E Murphy, Agent for William Bennix, Trustee Mr Morgan advised that the developer needed additional time to answer the City engineer's comments and requested that this item be tabled until the next scheduled meeting Mr Collins moved to postpone the preliminary plat approval for Cape Gardens until the next scheduled meeting Ms Wheeler seconded the motion Motion carried unanimously NEW BUSINESS 1 Special Exception Request No 92-04 to Allow Owner to Occupy Living Areas Constructed Prior to 1983 , and to Allow a Motor Home to be Parked in Rear of Lot in a C-1 Zone, (MoonHut Restaurant) , Lots 9, 10 & 11, Block 25, Avon by the Sea, Section 23 , Township 24 South, Range 37 East, (7802 N Atlantic Avenue) - Petitioner is Leon Barnett, Jr , Owner Mr Minot, Attorney representing Mr Barnett, explained the nature of the special exception request Discussion followed Discussion was held regarding the minimum requirements of living area dimensions It was concluded that the area dimensions were unclear and that a floor plan was necessary to make a determination on this special exception request Planning & Zoning Board Regular Meeting Decenber 9 1992 Page 1 of 4 Mr Collins moved that Special Exception Request No 92-04 be tabled until the next scheduled meeting Since the area dimensions were unclear, the applicant shall return to the Board with a floor plan illustrating the bathrooms and living areas Ms Wheeler seconded the motion Motion carried unanimously 2 Preliminary Replat Approval, Tobin Townhomes, Section 23 , Township 24 South, Range 37 East, Lots 1 - 4 , Replat of Lots 1 & 2 , Block 9, Avon by the Sea - Olga E Tobin, Owner Mr Morgan advised that the City Engineer had reviewed the preliminary replat for Tobin Townhomes and had recommended approval based on a few minor changes Attorney Markey advised that the Protective Covenants/Articles of Incorporation were submitted to him this evening He requested that the Board approve the preliminary plat with the contingency that the Protective Covenants/Articles of Incorporation be written to his satisfaction Mr Roney moved that the Preliminary Plat for Tobin Townhomes be approved with the contingency that the Protective Covenants/Articles of Incorporation be reviewed and approved by the City Attorney Ms Wheeler seconded the motion Motion carried unanimously 3 Site Plan Approval, Tobin Townhomes, Section 23 , Township 24 South, Range 37 East, Lots 1-4 , Replat of Lots 1 & 2 , Block 9 , Avon by the Sea - Olga E Tobin, Owner Mr Morgan advised that there were various technical comments from the City Engineer that needed to be addressed Ms Tobin requested that the site plan be tabled until the next scheduled meeting Ms Wheeler moved to table the site plan for Tobin Townhomes until the next scheduled meeting Mr Collins seconded the motion Motion carried unanimously 4 Special Exception Request No 92-05 to Allow an Office Trailer to be placed in an R-3 Zone and to Waive the Special Exception Filing Fee as per Section 645 37 (D) of the Cape Canaveral Zoning Regulations, Parcel 765, Section 15, Township 24 South, Range 37 East, Section 15, Township 24 South, Range 37 East, (600 Tower Blvd ) - Petitioner is Joseph Abbott, Public Works Director Mr Kleving explained that additional office space was needed to incorporate the various departments at Public Works Discussion followed Ms Wheeler moved to recommend approval of Special Exception Request No 92-05 to the Board of Adjustments since the trailer was classified as public utility equipment which was a permissible use by Special Exception Mr Collins seconded the motion Motion carried unanimously 5 Special Exception Request No 92-06 to Allow a Transportable Earth Station Antenna to be Placed & Used in Front of the Building, Lots 1-3 , Block 19 , Section 23 , Township 24 South, Range 37 East, (7980 N Atlantic Avenue, Communication Concepts) - Petitioner is James C Lewis, Jr , Vice President Chairman Russell announced that he would refrain from discussion and voting on this special exception request Planning & Zoning Board Regular Meeting December 9 1992 Page 2 of 4 Mr Lewis advised that Communications Concepts, Inc, (CCI) did not believe that the City had any jurisdiction or regulations governing the transportable Earth Station Antenna since it was purchased prior to the City's regulation and they believed that it should be grandfathered in He further advised that the Code Enforcement Board had ordered CCI to move the earth station antenna from the intersection or to apply for a Special Exception He explained it was necessary for CCI to place the Transportable Earth Station in front of the building in order to obtain the proper look angle for satellites located to the southwest over the equator He explained that it was not possible to see the satellites from the north side or rear of the building because it was blocked by a two story building He added that CCI requires satellite reception as part of its business operations and was dependent on permission to maintain its livelihood He noted that other exceptions had been granted for earth station antennas in the general area Discussion followed regarding the parking location of the antenna and also regarding a lawsuit recently filed concerning another satellite dish antenna Discussion continued Mr Collins moved to recommend to the Board of Adjustments that Special Exception Request No 92-06 be tabled until current litigation regarding Section 641 61 of the Cape Canaveral Code of Ordinances is resolved Ms Wheeler seconded the motion Motion carried unanimously with Chairman Russell abstaining from voting 6 Special Exception Request No 92-07 to Allow an Accessory Structure to Encroach into the Required 25 ft Setback in a C-1 Zone and to Waive the Special Exception Filing Fee as per Section 645 37 (D) of the Cape Canaveral Zoning Regulations, Lots 7 , 8 , 15 & 16, Block 25, Avon by the Sea, Section 23 , Township 24 South, Range 37 East, (190 Jackson Avenue) - Petitioner is David J Sargeant Fire Chief C C V F D Chief Sargeant explained that the fire department was requesting a special exception to allow an existing non-conforming structure to encroach six feet into the required 25 foot setback He explained that the fire department intended to enclose the existing structure to house two pieces of fire apparatus if the special exception was granted in order to upgrade their facilities to comply with a current Occupational Safety & Health Administration (OSHA) mandate Discussion followed Mr Collins moved in Special Exception Request No 92-07 to recommend that the Board of Ad3ustments adjust the required setback for the interest of promoting safety and welfare of the community by enhancing the storage areas utilized for fire fighting equipment Ms Wheeler seconded the motion Motion carried unanimously DISCUSSION 1 Presentation by Rockwell International Corporation regarding Placing Additional Gaseous Nitrogen and Helium Tube Bank Trailers In and Around Various Rockwell Facilities - Speaker is M Craig Dixon, Facilities Projects Engineering Specialist/Facilities and Industrial Engineering Mr Dixon explained the necessity for Rockwell International to expand its facility capabilities for repairing orbiters for NASA Discussion followed Chairman Russell suggested that an analysis be performed to identify possible hazards and risks Planning & Zoning Board Regular Meeting December 9 1992 Page 3 of 4 2 Discussion Re Proposed Changes to Section 639 03 Townhouse Area and Dimension Regulations of the Cape Canaveral Zoning Regulations The Board members reviewed a memorandum from the City Clerk regarding City Council's various concerns on the recommended changes to the existing townhouse regulations Discussion was held regarding subdividing lots, razing existing homes and erecting multi-family housing, density, and grandfathering existing structures After discussion, it was the consensus of the Board members that City Council's concerns be reviewed and addressed Chairman Russell requested that this item be placed on the next scheduled agenda for further discussion 3 Presentation by the St Johns River Water Management District Regarding Xeriscabe Legislation and Florida Statute 373 62 Lawn Sprinkler Rain Sensor Device Mr Gene Caputo, Intergovernmental Coordinator, Division of Policy and Planning, St Johns River Water Management District, advised that "Xeriscape" means water conservation through creative landscaping He explained that there were seven fundamentals of xeriscape as follows planning and design, efficient irrigation, practical turf areas, soil improvements, use of mulches, appropriate maintenance, and use of low-water plants Mr Caputo presented a slide show and noted various agencies for individuals to contact for additional information Discussion followed Mr Caputo spoke regarding water conservation He read a portion of Section 373 62 Water Conservation, Automatic Sprinkler Systems, of the Florida Statutes, as follows "any person who purchases and installs an automatic lawn sprinkler system after the effective date of this act (May 9, 1991) shall install a rain sensor device or switch which will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred " Discussion followed There being no further business, the meeting was adjourned at 10 50 P M Approved this /3 day of 1991 Chairman L Ll ot Secretary Planning & Zoning Board Regular Meeting December 9 1992 Page 4 of 4