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HomeMy WebLinkAboutMinutes 02-13-1991 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING FEBRUARY 13 , 1991 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral , Florida , was held on February 13 , 1991 at the City Hall Annex, 111 Polk Avenue , Cape Canaveral , Florida. The meeting was called to order at 7 : 30 P .M. by Chairman Russell . The Secretary called the roll . MEMBERS PRESENT Lamar Russell Chairman Arthur Berger Vice Chairman Richard Thurm Mary Wheeler Wayne Washburn Cecil Everett Alternate OTHERS PRESENT Ann Thurm Council Member Rocky Randels Council Member Edward Spenik City Manager Kohn Bennett Deputy City Attorney James Morgan Building Official Susan Nelson Secretary Ms . Wheeler moved to approve the minutes of January 9 , 1991 as submitted. Mr. Everett seconded the motion. Motion carried unanimously. NEW BUSINESS 1 . RPUD Request for Preliminary Plan Development Application, a portion of Parcels 753 , 753 . 1 and 790 , Sec . 15 , Twp. 24S , Rqe. 37E , (10 + or - Acres behind Ocean Carpets) - Luis Lorie for Lorie & Associates , Inc. Chairman Russell reviewed the RPUD submittal steps that had been followed. He noted Section 640 . 13 (5) . Review Criteria was the next step which needed to be addressed. The Board members reviewed the RPUD submittal to establish that the exhibits required in the Ordinance had been properly followed. In reviewing the submittal , it was pointed out that no easements would exist until the land was platted. Mr . Kammarude , spoke for the applicant. He noted locations of adjoining developments . He stated that future off street parking would be contained on individual driveway (s) and/or garage (s) within the RPUD development. Chairman Russell explained that the RPUD Ordinance was written as though a developer intended to build the entire project. Mr. Kammarude pointed out that the RPUD would be developed; the lots would be sold with deed restrictions; and an architectural committee would be formed to review any construction plans . He also noted that the construction plans would be reviewed by the Building Official . Mr. Kammarude explained that the site data was included on the submitted drawing noting that the common open space included a lake and an existing canal to the South of the property. The delineation of specific areas was designated as one stage . Mr . Kammarude explained that the preliminary plan would accommodate Planning & Zoning Regular Meeting February 13 , 1991 Page 1 of 3 runoff by using a curb/gutter system with underground pipe and an aeration system so that all of the drainage would be stored on site with no out fall . He noted that the undeveloped site drainage presently discharged into the existing lake . Mr. Kammarude stated that the secondary non-residential use , depicted on the submitted drawing totaled 1 . 58 acres , would be devoted to commercial use and presently had no development plans . Some of the Board members questioned whether commercial use could be considered as part of the RPUD request. Discussion followed. Mr. Kammarude noted that preliminary house sketches were submitted. However, it was impossible to foresee the exact structures that the individual owners would build on the lots . Mr. Kammarude noted that everything contained in Section 640. 13 (2) (C) was included on the submitted Topographical Survey and that the engineering requirements would be included on a submitted site plan. He further noted that the grade of the property would be established and would conform with the Subdivision of Land Regulations and sold as individual buildable lots . Ms . Wheeler asked the developer who would oversee that the deed restrictions were enforced. Mr. Lorie answered that the developer would have full control until 27 lots had been sold. Mr. Eric Biewind, Associate for Lorie & Associates , Inc . , advised that an owner could be sued by the people in the development if the owner did not follow the requirements specified in the deed restrictions . Attorney Bennett advised that the submitted deed restrictions did not meet the RPUD code . Mr. Biewind commented that the deed restrictions would need to be approved when the request was ready for final approval . Discussion continued. It was Mr. Thurm' s opinion that the submittal was inadequate until such time the non-residential area was included in the preliminary plan. Attorney Bennett advised against the Board changing the ordinance through interpretation by defining secondary non-residential use as commercial use. Discussion followed. Mr . Lorie stated that the land had been recorded and that the acreage totalled 10 . 01 acres . He advised that the lot prices ranged from $27 , 000 to $78 , 000 . Mr. Washburn announced that he would abstain from voting due to the fact that he was employed by the realty company hired by the developer to market the property. It was his opinion that single family deed restrictions were made to create better places to live for people who want to live in better places . It was Ms . Wheeler ' s opinion that the submitted deed restrictions were not thorough enough. Mr. Thurm read Section 640 . 01 of the RPUD Ordinance. If was his opinion that the intent was not to have conventional subdivisions scaled down in lot size. He also expressed his concerns regarding the open space requirement . He noted that the developer was using the canal as open space which conflicted with the ordinance . Mr. Kammarude stated that the canal was public and recorded with the Department of Transportation and that the canal was in the easement . He also noted that the proposed lake was 2 . 6 acres and would be utilized as an easement . He further noted that the sidewalks were not included in the open space calculations . Discussion followed. Planning & Zoning Regular Meeting February 13 , 1991 Page 2 of 3 Chairman Russell summarized that the Board had the power to negotiate and make allowances to the RPUD Ordinance to meet the criteria of this request. Ms . Wheeler gave her opinion of the RPUD submittal in regards to Section 640 . 01 (A-F) . Chairman Russell polled the members for their opinions as to the RPUD submittal . Discussion followed. Mr. Lorie requested that all of the unsatisfactory items be addressed. Mr . Berger summarized the items as follows : Secondary non-residential use totalling 1 . 58 acres ; Retention areas , open space . green areas . sidewalks and the canal ; and lack of creativity. Discussion followed. Mr. Lorie requested a five ( 5) minute recess in order to speak with the City Attorney. Chairman Russell granted his request at 9 : 30 P.M. The meeting reconvened at 9 : 40 P .M. Attorney Bennett advised that Mr . Lorie had offered to amend the RPUD submittal by deleting the commercial property and adding a five (5) acre parcel continuous to the residential land. Attorney Bennett suggested that since the application was amended, that the request be tabled until the next scheduled meeting. He requested that the developer submit the amended plan no later than seven (7) days prior to the next meeting. Discussion was held on the RPUD setback requirements . It was concluded that the setbacks be as follows : front, 25 feet; rear, 15 feet; and side , 6 feet . Ms . Wheeler noted that the 5 acre parcel of land was separated by a canal . Mr. Lorie reiterated that the land had not been subdivided and existed as one parcel . Discussion followed. Chairman Russell moved to table the RPUD request until the next scheduled meeting and that the developer submit an amended plan no later than seven (7) days prior to that meeting. Mr. Everett seconded the motion. Motion carried unanimously. 2 . Site Plan Approval , Charlie ' s Place, Lot 16 , Block 3, Sec. 14 , Twp. 24S , Rge . 37E, Cape Canaveral Beach Gardens - Unit 2, ( 8550 N. Atlantic Avenue) - Charles W. Pindziak, Owner Chairman Russell announced that the applicant had requested this item be tabled. There being no further business , the meeting was adjourned at 10 : 00 P.M. Approved this 2 7 74 day of , 1991 . le X 4'1d-el() Chairman vat fic1 L . ViaLTY1 Secretary Planning & Zoning Regular Meeting February 13 , 1991 Page 3 of 3