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HomeMy WebLinkAboutMinutes 09-11-1991 • CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING SEPTEMBER 11 , 1991 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral , Florida , was held on September 11 , 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 MEMBERS ABSENT Wayne Washburn Fred DiStasio Alternate OTHERS PRESENT James Morgan Building Official Thomas Kleving Building Inspector James Woodman City Attorney Susan Nelson Secretary Mr. Everett moved to approve the minutes of August 28 , 1991 as submitted. Ms . Wheeler seconded the motion. Motion carried unanimously. DISCUSSION 1 . Discussion Re: Expiration of Site Plans The Board members reviewed a draft of an ordinance change and a resolution regardina the expiration of site plans . Mr. Thurm noted that the number of time extension requests for an approved site plan was not specified on the draft . After discussion, the Board members concurred that only one time extension request shall be considered per approved site plan. Attorney Woodman informed the Board members that he would provide a new draft at the next scheduled meeting. Mr. Berger moved to include this item on the next agenda for recommendation to City Council . Ms . Wheeler seconded the motion. Motion carried unanimously. 2 . Discussion Re : Rezonina Commercial Property to Residential by Special Exception The Board members discussed various concerns regarding special exceptions and compatibilities of Granted special exceptions with surrounding areas . Planning & Zoning Regular Meeting September 11 , 1991 Page 1 of 3 The Board members also discussed various options of what they thought was in the best interest for the City: commercial or residential . Chairman Russell pointed out that a Granted special exception changed the use of a property, which may be reverted back to its original state . Ms . Wheeler asked that the City provide the Board with a color coded zoning map highlighting the following: commercial zoned property including special exceptions for residential use and special exceptions granted never used. Discussion continued. Attorney Woodman suggested that this discussion item be placed on the next agenda for further discussion and the City provide a zoning map highlighting the above for the Board members at that time . The Board members concurred. 3 . Discussion Re : Concepts of Town houses in the City Ms . Wheeler stated that she was interested in obtaining information pertaining to how much of the City was built as town houses . She asked that the City include the information on the color coded zoning map. She made the suggestion that town house lots be increased on large tracts of land to allow additional green area and avoid the crowding effect . Discussion continued. Add-On Item 1 . Discussion Re : Election of Officers Chairman Russell advised that he would not be attending the next meeting. He asked the Board members consider someone else to be Chairman of this Board. 2 . Discussion Re: Zella, Inc . Attorney Woodman briefed the Board members regarding a Judge ' s rendered decision regarding a lawsuit known as Zella , Inc . vs . the City of Cape Canaveral at Ms . Wheeler ' s request . He reported that Mr . Zella had requested to construct town houses on commercial zoned property by special exception. The Planning & Zoning Board had recommended the special exception request to the Board of Adjustments . The Board of Adjustments had denied the special exception request based on a clause in the "Statement of Justification" included in a prior lawsuit known as the Puerto Del Sol lawsuit . The clause had stipulated that the subject property was zoned commercial and would not be used for multiple family residential buildings . He further reported that Mr . Zella had filed a lawsuit against the Board of Adjustments decision. The Judge had rendered his decision based upon the evidence presented to him which had included the Board of Adjustments rationale for denying Mr . Zella ' s special exception request. The Judge had advised that the Board of Adjustments could deny the special exception request based on other reasons . However, the Board could not render their decision based on that particular clause included in the Puerto Del Sol lawsuit . Attorney Woodman advised that the special exception request would be presented to the Planning & Zoning Board prior to the Board of Adjustments for reconsideration. Chairman Russell requested that the Secretary' place an item on the next agenda regarding the history of Zella . Inc . prior to the Board reconsidering the special exception request. The Secretary concurred. Planning & Zoning Regular Meeting September 11 , 1991 Page 2 of 3 0 There being no further business , the meeting was adjourned at 9 :00 P.M. Approved this Z5111 day of Se.pi-erniev' 1991 . -(-1 airman 12/0011 .0041001 - Secretary Planning & Zoning Regular Meeting September 11 , 1991 Page 3 of 3