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HomeMy WebLinkAboutMinutes 09-25-1991 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING SEPTEMBER 25 , 1991 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral . Florida , was held on September 25 , 1991 at the City Hail Annex. 111 Polk Avenue . Cape Canaveral . Florida. The meeting was called to order at 7 : 30 P .M. by Vice Chairman Berger . The Secretary called the roll . MEMBERS PRESENT Arthur Berger Vice Chairman Richard Thurm Mary Wheeler Cecil Everett Alternate Fred DiStasio Alternate MEMBERS ABSENT Lamar Russell Chairman OTHERS PRESENT Joy Salamone Mayor Rocky Randels Council Member Russell Lloyd Zoning Board of Adjustments Chairman Marilyn Riaerman Zoning Board of Adjustments Vice Chairman Chuck Stenalein Code Enforcement Board Chairman George Hutchinson Code Enforcement Board Member James Morgan Building Official Thomas Kleving Building Inspector Evelyn Hutcherson Code Enforcement Officer James Woodman City Attorney Susan Nelson Secretary Mr. Everett moved to approve the minutes of September 11 , 1991 as submitted. Mr . Thurm seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1 . Discussion Re : History of Zella . Inc . Mr . Woodman . City Attorney, summarized the history of Zella , Inc . He explained that the Planning and Zoning Board had recommended approval of the special exception request to construct townhouses in a C-i Zone : the Board of Adjustments had denied the request ; as a result . a lawsuit was filed by Zella , Inc. ; Judge Lober ruled that the special exception request should not have been denied based on that particular clause in the Puerto Del Sol Statement of Justification. Mr. Morgan, Building Official , explained the technique of calculating densities . He advised that the density for an RPUD (residential planned unit development) request at current standards would be 15 units per net residential acre . Discussion followed. Planning & Zoning Regular Meeting September 25 , 1991 Page 1 of 4 0 Mr . Thurm gave a brief history of the RPUD process for Ocean Woods and history of the Puerto Del Sol lawsuit. Mr. James Murphy , Agent for Mr . Bennix. Owner , stated that he did not agree with Attorney Woodman ' s interpretation of Judge Lober ' s decision. It was Mr . Murphy ' s opinion that the Judge had granted the special exception request. NEW BUSINESS 1 . Special Exception Request No. 89-7 , To Construct Townhouses in a C-i Zone , Parcel 547 . 1 , Sec . 14 , Twp. 24S , Rae . 37E , (Located West of Ocean Woods ) - Petitioner was James Murphy, Agent for Zella. Inc .. Mr . Berger recapped the history of this request . Ms . Wheeler received clarification on the location of the property. Mr . Thurm pointed out that a residential use would be more compatible to the surrounding areas than commercial . He advised that the current special exception request was the same as the original request. Ms . Wheeler was advised by Mr . Murphy . that the northern most corner of the parcel would remain commercial . Mr . Morgan advised that the only change in City regulations since the original request was the adoption of Concurrency Management , which would be addressed during the site plan process . Mr. Lloyd, Chairman of the Board of Adjustments , pointed out that the ingress and egress road off of Maple Street . in Ocean Woods , was a private road owned and maintained by Ocean Woods . not by the City. Mr. Murphy pointed out that his property and Ocean Woods , shared the same right-of-way. Mr . Thurm reiterated that Mr. Murphy had assured the City that his property would have equal use of the ingress and egress during discussion of the original special exception request . Mr . Thurm read a portion of Section 645 . 23 (A) , Ingress and Egress to property and proposed structures of the Cape Canaveral Zoning Regulations . Discussion followed. Mr . Berger advised that this issue would be addressed during the site plan review process . Mr. Thurm moved to recommend approval of Special Exception Request No. 89-7 with the provision that the entire parcel of land be utilized for residential use . Mr. DiStasio seconded the motion. Vote on the motion was as follows : in favor . Mr. Berger, Mr . DiStasio , Mr . Everett and Mr . Thurm; opposed. Ms . Wheeler . Motion carried. 2 . Motion Re : Approval of Ordinance Regarding Expiration of Site Plans 3 . Motion Re : .,Approval of Resolution for Establishing Fees for, Site Plan Extensions Attorney Woodman summarized the proceeder for the Board to recommend approval of these two items to City Council . The Board members reviewed the two final drafts . Discussion followed. Ms . Wheeler moved to recommend approval of the ordinance and resolution to the City Council . Mr . Thurm seconded the motion. Motion carried unanimously. Planning & Zoning Regular Meeting September 25 , 1991 Page 2 of 4 4 . Election of Officers Mr. Thurm stated that Mr . Russell had served as Chairman for a long time , he was very dedicated and contributed a tremendous amount of hard work and knowledge to the Board. The Board members had sensed at the previous meeting that Mr. Russell wanted to step down as Chairman due to his intense job schedule and responsibilities . Mr . Thurm nominated Mr . Berger as Chairman and Mr. Russell as Vice Chairman. Mr. Everett seconded the nomination. Motion carried unanimously. DISCUSSION 1 . Discussion Re : Traffic Generation The Board members reviewed a summary presented by Linda Lester , City Planner. She noted that the source of her information was provided by Trip Generation, Second Edition, 1979 , Institute of Transportation Engineers . She outlined the contents of that summary. Discussion followed. 2 . Discussion Re : Rezoning Commercial Property to Residential by Special Exception Ms . Hutcherson , Code Enforcement Officer , presented to the Board a City of Cape Canaveral color-coded zoning map to enhance the Board members knowledge and provide them with an overview of special exceptions granted not used, special exceptions granted for residential use in a C-1 zone , commercial and industrial buildings and mobile home parks . She explained each item illustrated on the map. She noted that out of 21 granted special exceptions to construct residential in a C-i zone , only ten had been constructed. Mr. Berger thanked Ms . Hutcherson for taking the time to provide the Board with the informative highlighted map. 3 . Discussion Re : Concepts of Townhouses in the City Ms . Wheeler stated that she had asked for this item to be placed on the agendas repeatedly. She further stated that she had great difficulty in explaining herself and getting her concept across . She explained that she was not fastened on townhouses pursue . She did not have any big objection to townhouses . She had observed that there was a trend in the City to construct townhouses . After researching, she was appalled to find that the City had allowed so much residential in the commercial zone . It was her opinion that the criteria for recommending a special exception was very brief and it had appeared to her that there were numerous special exceptions granted in every category and particularly no procedure for analyzing their value . It was also her opinion that there was no way that an intelligent person could come into the City , look at a City zoning map and have any idea of what was going on in the City. She stated that one of her main concerns was the trend of the City. Mr. Thurm explained that commercial entities preferred to go south to Cocoa Beach because the businesses were more profitable there . It was his opinion that the City benefited from granting special exceptions for residential use in a commercial zone and that residential was in demand and appeared to be the trend of the City. He agreed that the concept of townhouses seemed to be stereotyped with limited creativity and originality. Mr . Thurm explained to Ms . Wheeler that C-i property owners did not want their commercial property re-zoned residential because commercial property was sometimes worth two or three times greater than residential . Discussion followed. Planning & Zoning Regular Meeting September 25 , 1991 Page 3 of 4 C Mr . Lloyd , advised that the Board of Adjustments takes into consideration the aesthetics of properties and welcomed any comments by the Planning and Zoning Board. Discussion followed. Ms . Wheeler advised that this was not the discussion item she had asked for in the first place . It was her opinion that the Board needed to work out some common criteria to make judgments on approving or disapproving special exceptions . Mr. Berger asked the Secretary to include Ms . Wheeler ' s discussion item on the next agenda. The Secretary concurred. 4 . Discussion Re : Recommendations to Change Various City Regulations , Ordinances , Comprehensive Plan and Land Development Regulations Ms . Lester summarized the recommendations previously addressed to be changed. She noted that after all of the recommendations had been discussed and concluded to be changed by the Board members , the changes would then be typed in final draft form and recommended to City Council . The Board members reviewed additional recommendations contained in a memorandum dated August 22 , 1991 , from Linda Lester. She questioned whether or not the Planning & Zoning Board actually approved a townhouse development schedule . Mr. Berger advised that the Board did approve townhouse schedules during the site plan process only after the City Attorney reviews them for discrepancies . The Board members discussed the definition of secondary non- residential uses . Mr. Berger explained to the new Board members the concept of an RPUD . Mr . Berger suggested that the Board members review and make recommendations to define and make changes to the RPUD ordinance , definition of "secondary non-residential uses" and "public facilities" . The Board members discussed off-street parking, the definition of a developer , visitors ' parking in multi-family and townhouse developments . The Board members reviewed Section 641 . 21 (C) of the Cape Canaveral Zoning Regulations . Discussion was held regarding concepts of bay windows within the required setbacks . There being no further business , the meeting was adjourned at 10 : 00 P .M. Approved this 1 _.__n..__....__ day of Oe,l! _ 1991 . _.26-44fir 11ffen Chairman Secretary Planning & Zoning Regular Meeting September 25 , 1991 Page 4 of 4