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HomeMy WebLinkAboutMinutes 02-27-1991 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING FEBRUARY 27 , 1991 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral , Florida . was held on February 27 , 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 Cecil Everett Alternate Fred DiStasio Alternate MEMBERS ABSENT Wayne Washburn OTHERS PRESENT Ann Thurm Council Member Rocky Randels Council Member Andy Kedzierski Council Member Kohn Bennett Deputy City Attorney James Morgan Building Official Thomas Kleving Building Inspector Susan Nelson Secretary Mr. Berger moved to approve the minutes of February 13 , 1991 as submitted. Mr . Everett seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1 . RPUD Request for Preliminary Plan Development A lication, a portion of Parcels 753 , 753 . 1 and 790 , Sec . 15 , Twp. 24S , Rge . 37E, (10 + or - Acres behind Ocean Carpets) - Luis Lorie for Lorie & Associates , Inc. Chairman Russell reviewed the contents of the RPUD submittal to establish that the questions from the previous meeting had been addressed to the Board' s satisfaction. Mr. Kammarude from M & K Drafting, spoke for the applicant . He noted that there were no commercial structures within the RPUD and the common open space contained 2 . 6 acres and included grass area, canal and a lake. Mr. Kammarude stated that the applicant had requested that the side setback requirements be reduced from 25 feet to 15 feet (as permitted per Ordinance 640 . 09 (D) on lots numbered 21 , 22 & 33 in Stage 1 and lot number 1 in Stage 2 . He further requested that the perimeter of the property be reduced to 15 feet in the rear setback. Planning & Zoning Regular Meeting February 27 , 1991 Page 1 of 4 The Board members discussed the allocated open space . Mr. Lorie , for Lorie & Associates , Inc . , stated that the owners living in the north section of Stage 1 would need to walk , bicycle or drive to the open space in Stage 2 . He noted that a footbridge would not be acceptable over the canal due to the fact that people would need to walk through an owner (s) property in order to get across the bridge . It was Mr. Thurm' s opinion that the upscale homes would be an asset to the community. Mr. Lorie stated that Stages 1 and 2 would be incorporated. He noted that his firm had taken deposits on some of the lots and that the deed restrictions were part of the exhibits . Attorney Bennett reviewed that at the previous meeting, he had advised Mr. Lorie that the deed restrictions did not meet the RPUD code. He further advised that the deed restrictions were not required to be part of the final record at this stage of the RPUD review. Mr. Lorie reiterated that he was aware of the requirements . Mr. Kammarude noted that the widening of AlA would not encroach on any of the lots . It was Mr. DiStasio ' s opinion that the City would benefit from nice single family neighborhoods and could not afford not to approve this RPUD request . Mr. Lorie stated that parking would be provided within the open space of Stage 2 . He noted that the allocated parking would be included in the Site Plan. He further noted that a six (6) foot wall would be provided around the perimeter of the property and extended to the cul-de-sac where Treasure Island ' s picnic area begins to avoid owners utilizing Treasure Island ' s amenities . Attorney Bennett inquired if Mr. Lorie tentatively planned to begin Stage 2 after Stage 1 was developed. Mr. Lorie responded that as soon as the land development was completed in Stage 1 , Stage 2 would begin immediately. Mr. Thurm asked Mr . Lorie if there was anything on the deed restrictions from previous developers . Mr. Lorie answered that there were not. Mr. Thurm moved to recommend approval of the preliminary RPUD request for Hidden Bay to the City Council . Mr. Berger seconded the motion. Discussion followed. Councilman Randels stated that his wish was one of approval . He noted that he would not receive any financial gain from approval of this development . He believed that this concept complied with the City ' s philosophy for future development by reducing density, promoting upscale homes , and that the City desired quality rather than quantity. He reviewed that all storm water would be stored on-site and that all of the Board members concerns had been addressed. He read sections of Regulation 640 . 01 , RPUD Purpose and Intent . It was Mr. Randels opinion that in order to obtain a single family development of this high quality single family development. Mr. Lorie briefly outlined the contents of the deed restrictions and explained the concept of the wall as requested by Ms . Marian Centuori , an owner at Treasure Island Club. Ms . Centuori submitted a letter dated January 30 , 1991 from Lorie & Associates , Inc. to the President of Treasure Island Club Condo. Association, regarding an agreement between Treasure Island Club Association and Ross of Brevard, along with a response letter dated February 4 , 1991 . Planning & Zoning Regular Meeting February 27 , 1991 Page 2 of 4 Mr. Kammarude stated that Ms . Centuori ' s concern was regarding a piece of property with a perpetual agreement that stated that the picnic tables , park benches and seawall , remain as an easement for Treasure Island Club. He noted that Mr. Lorie would not touch this easement. He further noted that there was no agreement with Treasure Island Club or the City for the property north of the canal . He stated that the City Clerk had all the null and void documents on this north property. Chairman Russell called for a ten minute recess to allow the City Attorney to read the two (2) letters and give his legal opinion. The meeting reconvened at 8 : 15 P .M. Attorney Bennett advised that he read the two ( 2) letters that referred to agreements that he did not have and that they referred to properties he did not have descriptions of and that the letters did not tell him anything about the property in question. Attorney Bennett requested that Treasure Island provide documents . He advised that his review would be limited to the interest of the City. Discussion followed. Motion carried unanimously. Chairman Russell requested the Mr. Lorie add the setbacks to the general data on the RPUD plan. NEW BUSINESS 1 . Preliminary Site Plan Approval , Louis Rogers , Inc . , Industrial Building, Sec. 15 , Twp. 24S , Rge. 37E, Parcel 814 , (Northeast of 357 Imperial Blvd. ) - Marc C. Dick from Stottler Stagg & Associates for Louis Rogers , Inc. , Owner Mr. Roy Cowell , Senior Vice President from Stottler Stagg & Associates , voiced his concern that the City Engineer comments were not returned to the City within the 14 days specified in Ordinance 645. 05 (B) (3) , Site Plan Submittal & Review Procedures . He stated the company he represented could not foresee any difficulties responding to the comments . He respectively requested that the Board review the preliminary Site Plan and vote contingent upon meeting all the requirements of the City Engineer ' s . Discussion followed. The Chairman granted his request for the Board to review the preliminary Site Plan. The Board members reviewed the preliminary Site Plan. Discussion followed. Mr . Berger moved to approve the preliminary Site Plan contingent upon the City Engineer ' s comments being satisfactorily addressed. Ms . Wheeler seconded the motion. Motion carried unanimously. DISCUSSION 1 . Discussion Re : Establishing Landscaping Regulations Chairman Russell summarized the contents of the landscape regulations . Since all of Board member ' s had not read the landscape regulation, it was the consensus of the members that this item be postponed until the next scheduled meeting. 2 . Discussion Re: Amending Section 641 . 43 of the Zoning Regulations Since all of the Board members had not had an opportunity to review the landscape regulations , it was the consensus of the Board that this item be postponed until the next scheduled meeting. Chairman Russell welcomed Mr . Fred DiStasio to the Planning & Zoning Board. Planning & Zoning Regular Meeting February 27 , 1991 Page 3 of 4 Mr. Leo Nicholas , a citizen, voiced his opinion regarding special exceptions . He stated that a special exception adds to the value of the property and that a special exception should have an expiration date . Councilman Randels suggested that a special exception expire after the use in which it was granted ceases to exist. Discussion followed. Chairman Russell requested that the secretary place special exceptions and variances as a discussion item on the next scheduled meeting agenda. There being no further business , the meeting was adjourned at 9 : 10 P.M. Approved this 13 day of ina/WIL, , 1991 . /I . M Chairman KLQS001 L. Secretary Planning & Zoning Regular Meeting February 27 , 1991 Page 4 of 4