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HomeMy WebLinkAboutMinutes 10-23-1991 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING OCTOBER 23 . 1991 A Regular Meeting of the Planning & Zonina Board of the City of Cape Canaveral , Florida. was held on October 23 , 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 Berger. The Secretary called the roll . MEMBERS PRESENT Arthur Berger Chairman Lamar Russell Vice Chairman Richard Thurm Mary Wheeler Cecil Everett Alternate Fred DiStasio Alternate OTHERS PRESENT James Morgan Building Official James Woodman City Attorney Susan Nelson Secretary Mr. Russell moved to approve the minutes of October 9 , 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-1 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 Attorney Woodman cave a legal opinion of a lawsuit referred to as The First Interstate vs . Leo Nicholas which was entered as an exhibit at the previous meeting. Attorney Woodman believed that Mr. Murphy had entered the document to point out certain contents included in that lawsuit. It was his opinion that the meaning of a special exception contained in the lawsuit was correct. He read a portion of Section 645 . 23 of the Cape Canaveral Zoning Regulations and advised that the burden for making the final decision for granting or not granting a special exception was the responsibility of the Board of Adjustments . Attorney Woodman suggested that the Planning & Zoning Board give the rationale for determining their decision for either recommending or not recommending a special exception request to the Board of Adjustments . Discussion followed. Mr . Everett referred the Board to Section 645. 13 , Paragraphs (A) and (K) of the Cape Canaveral Zoning Regulations . Mr. Everett voiced the opinion that this special exception request was not compatible with surrounding areas : the ingress and egress would be a potential hazard: and that townhouses should not be constructed on this particular tract of land. Ms . Wheeler agreed. Planning & Zoning Regular Meeting October 23 , 1991 Page 1 of 3 The Board members reviewed a highlighted zoning map depicting the property location and surrounding areas . Discussion followed. Discussion was held regarding buffering, screening and setback requirements . Mr. Murphy, Agent for Mr . Bennix, Owner, noted that the developer had the same concerns as the Board. Mr. Thurm advised that a great portion of the property was compatible with surrounding areas to the North, South and West. Mr. Russell voiced the opinion that there was no compelling reason or need to grant the special exception request. He stated that he would not recommend approval of the request based on compatibility due to the lack of information presented to the Board. Discussion followed. Mr. Murphy stated that he would be happy to provide the Board with preliminary sketches if the Board so desired. The Chairman polled the Board members . Most of the members acknowledge that they would be willing to see more information. Mr . Murphy agreed to furnish the Board with more information at the next meeting. Discussion followed. Mr. Thurm moved to continue Special Exception Request No. 91-6 at the next scheduled meeting. Mr. Russell seconded the motion. Vote on the motion was as follows : in favor , Mr. Berger, Mr. Russell , Mr. Thurm and Ms . Wheeler. Mr. Everett abstained from voting. Motion carried. Chairman Berger summarized that the Board members would like to view a preliminary plat plan showing ingress and egress and a tentative layout of the development showing buffering and screening techniques at the next scheduled meeting. Mr. Murphy concurred. 2 . Preliminary Plat Approval , Harbor Heights West , Parcel 255 (N.W. Corner of Harbor Drive and Sea Shell Lane) - Owner, Ernest Szapor Mr. Morgan informed the Board members that the owner of the property had requested that this item be agended since the special exception was granted by the Board of Adjustments on October 21 , 1991 . Discussion followed. The Secretary noted that the Preliminary Plat was tabled by the Planning & Zoning Board on December 13 , 1989 . The Board members reviewed time requirements for items to be agended. Mr. Russell moved to postpone the preliminary plat for Harbor Heights West until the next scheduled meeting. Mr. Everett seconded the motion. Motion carried unanimously. NEW BUSINESS 1 . Motion Re: Recommendation to City Council to Discuss Dedication of Roads in Subdivisions Mr. Morgan notified the Board that the City had no written procedures for the acceptance of dedicating roads in subdivisions to the City. Mr. Russell noted that City Council had accepted roads by resolution in the past. Discussion followed. Discussion was held regarding different concepts of private roads vs . City roads . After discussion , Chairman Berger suggested that the City contact different cities and obtain their procedures for dedicating roads . Mr. Morgan concurred and stated that he would report back to the Board at the next meeting. Planning & Zoning Regular Meeting October 23 , 1991 Page 2 of 3 2 . Cancelling Regular Meetings of November 27 , 1991 and December 25, 1991 Mr. Everett moved to cancel the meeting of November 27 , 1991 . Mr. Russell seconded the motion. Motion carried unanimously. Mr. Russell moved to cancel the meeting of December 25 , 1991 . Mr. Everett seconded the motion. Motion carried unanimously. The Board members reviewed a letter from Geiger , Geiger and Associates , requesting the Board to consider their site plan on November 13 . 1991 if the Board cancelled the meeting of November 27 , 1991 . Discussion followed. Mr. Russell moved that the site plan be presented to the Board at the first meeting in December since it did not meet the time requirements to be heard on November 13 , 1991. Mr. Everett seconded the motion. Motion carried unanimously. DISCUSSION 1 . Discussion Re: Criteria for Recommending Approvals of Special Exceptions Ms . Wheeler voiced her opinions and concerns regarding special exceptions granted for townhouses and residential use in a commercial zone. Mr. Thurm voiced the opinion that when an owner requests a special exception for residential use in a commercial zone it should not be considered undesirable . He further stated that a developer of commercial property would investigate the market and demanded needs of the community prior to requesting a special exception to construct residential . Discussion followed. Mr. Russell pointed out that the criteria for recommending special exceptions was included in the City regulations ; however, the criteria had not been exercised by the Board in the past. Discussion followed. Ms . Lester , City Planner , reported that almost every city required a preliminary drawing of a proposed project when considering a special exception request . Chairman Berger asked Ms . Lester to present the Board with different cities criteria for considering special exception requests at the first meeting in December. Ms . Lester concurred. 2 . Discussion Re : Recommendations to Chanae Various City Regulations . Ordinances . Comprehensive Plan and Land Development The Board members reviewed and discussed recommended changes through page 100 of the Cape Canaveral Zoning Regulations . There being no further business , the meeting was adjourned at 10 : 10 P .M. Approved this day of L%C\;Panc)( , 1991 . } Chairman DU L . K Secretary Planning & Zoning Regular Meeting October 23 , 1991 Page 3 of 3