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HomeMy WebLinkAboutMinutes 10-09-1991 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING OCTOBER 9 , 1991 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral . Florida . was held on October 9 . 1991 at the City Hall Annex. 111 Polk Avenue . Cape Canaveral . Florida. The meeting was called to order at 7 : 30 P .M. by Vice Chairman Russell . The Secretary called the roll . MEMBERS PRESENT Lamar Russell Vice Chairman Richard Thurm Cecil Everett Alternate Fred DiStasio Alternate MEMBERS ABSENT Arthur Berger Chairman Mary Wheeler OTHERS PRESENT James Morgan Building Official James Woodman City Attorney Susan Nelson Secretary Mr. DiStasio moved to approve the minutes of September 25 , 1991 as submitted. Mr . Everett seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1 . Special Exception Request No. 91-6 to Construct Townhouses in a C-i Zone , Section 23 . Township 24 South, Range 37 East , Parcels 263 and 283 . 1 (Located North of 7900 Astronaut Boulevard) - James W. Murphy, Agent for William Bennix, Owner Mr . Murphy. Agent for Mr . Bennix. Owner , submitted a highlighted location map of the property (Exhibit 1) ; a section of an unrecorded final judgement with an interpretation of the meaning of a special exception (Exhibit 2) : and an explanation of a "Burden of Proof Not Met" contained in an undefined lawsuit (Exhibit 3) . Discussion followed. Attorney Woodman Gave a brief interpretation of the exhibits . He agreed only with the definition of a special exception as outlined in one of the exhibits . He advised that he could not aive a legal opinion of the exhibits until he reviewed the documents in their entirety. Mr. Murphy explained that the exhibits were a summary of a final iudgment . He advised that he would provide the City Attorney with the documents for his review. Attorney Woodman stated that he would report back to the Board after receiving and reviewing the documents in their entirety. Vice Chairman Russell noted a confusion in the sequence of specific sections of the Zoning Ordinance that allow and support Mr. Murphy ' s special exception request . Discussion followed. Planning & Zoning Regular Meeting October 9 , 1991 Page 1 of 3 Discussion was held regarding whether or not the use of townhouses would adversely affect the surrounding areas and the community. Mr. Murphy noted that the ingress and egress would be directly off of A1A. Mr. Everett moved to table Special Exception Request No. 91-6 until the next scheduled meeting so that the City Attorney would have the opportunity to review the exhibits in their entirety after receiving them from the applicant and to allow the applicant time to proofread the sequence of specific sections of the Zoning Ordinance written on the special exception application. Mr. DiStasio seconded the motion. Motion carried unanimously. Attorney Woodman reported that the owner of this property had performed some unauthorized land clearing. The City had made an inspection and advised the equipment operator to cease. The clearing had damaged root systems to old trees . He noted that the trees might die as a result of this carelessness . He suggested that the Board members inquire about the developer and do some investigating. Mr. Morgan , Building Official , advised that a State forester had made an investigation of the damage . He had reported that it may take up to three years to determine whether or not the trees would die . He noted that the trees may need to be removed during the development of the property. NEW BUSINESS 1 . Preliminary Replat Approval . Cape View Townhomes . Lots 11 and 12 (Replat of Lots 1 , 2 and 3) , Block 24 , Avon-by-the-Sea , Section 23 , Township 24 South , Range 37 East (609 , 611 & 613 Madison Avenue) - John L. Murphy, Agent for Pamela S . Darmstadt and William DuPont , Owners The Board members reviewed the preliminary replat for Cape View Townhomes . Mr. Morgan, Building Official . advised that Briley, Wild and Associates , City Engineers , recommended approval of the preliminary replat with the condition that the boundaries be changed to match the legal description. Discussion followed. Mr. Thurm moved to approve the Preliminary Replat of Cape View Townhomes with the condition that the boundaries be changed to match the legal description. Mr. Everett seconded the motion. Motion carried unanimously. DISCUSSION 1 . Discussion Re : Dedication of Roads in Subdivisions The Board members reviewed Section 503 . 10 (F) . Final Acceptance of Work of the Cape Canaveral Land Development Regulations . Mr. Morgan , Building Official , pointed out that the City regulations had no provisions or statutory procedures to take over roads . Discussion followed. Vice Chairman Russell advised that the City Council had always accepted roads by Resolution and could do so without breaking the Charter. Discussion was held regarding calculating densities . It was recommended that developers construct their road (s) to City specifications . so that in the future if they wished to dedicate the road (s ) over to the City. Planning & Zoning Regular Meeting October 9 , 1991 Page 2 of 3 The Board members concluded and recommended that the City Council workshop this discussion item to entertain adopting an ordinance and procedure for dedications of roads in subdivisions . Vice Chairman Russell requested that this item be placed under New Business for a motion on the next meeting agenda. 2 . Discussion Re: Criteria for Recommending Approvals of Special Exceptions Vice Chairman Russell recommended that the other Board members think about the future intent of C-i Zoning, obtain neighbors opinions and read the Comprehensive Plan for guidance . He advised that the Comprehensive Plan would not need to be changed if the City chooses to remove special exceptions from the City Ordinances because the district boundaries would not be altered. The Board members discussed Section 645. 23 . Written Findings : Violation of Safeguards of the Cape Canaveral Zoning Regulations . Vice Chairman Russell pointed out that the Planning & Zoning Board could require to see a site plan and building concept prior to recommending a special exception to the Board of Adjustments . Since Ms . Wheeler was not present at this meeting. Vice Chairman Russell requested that this item be placed on the next meeting agenda for further discussion. There being no further business , the meeting was adjourned at 9: 00 P.M. Approved this Z3Cd day of OdOkXIr , 1991 . I pp (1� Chairma Secretary Planning & Zoning Regular Meeting October 9 , 1991 Page 3 of 3