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HomeMy WebLinkAbout31-PLANNING ZONING BD 2002 MINS OFFICIAL MEETINGS TRANS GS1-ITEM 32 RECORD COPY PERMPLANNING & ZONING BOARD MEETING MINUTES DECEMBER 11 2002 A Regular Meeting of the Planning & Zoning Board was held on December 11 2002 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida Chairperson Bea McNeely called the meeting to order at 7 30 p m MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson Leo Nicholas Walter Shoenfeld Alternate MEMBERS ABSENT John Fredrickson Andrea Shea King OTHERS PRESENT Anthony Garganese Susan Chapman Morris Reid Todd Peetz David Sargeant John Cunningham NEW BUSINESS City Attorney Board Secretary Building Official City Planner Fire Chief Assistant Fire Chief Approval of Meeting Minutes November 26, 2002 Motion by Mr Nicholas seconded by Mr Russell to approve the meeting minutes of November 26 2002 with noted corrections Motion carried unanimously 2 _Recommendation to City Council Re Final Re Plat Approval of Marbella Townhomes 323 & 325 Adams Avenue, East 1/2 of Lot 7 & All of Lot 8, Block 9, Avon by the Sea Subdivision Louis Suarez, Property Owner Mr Todd Peetz City Planner advised that city staff had reviewed the final re plat and recommended approval Mr Suarez property owner gave an overview of the progress of construction He noted that he also owned the property to the immediate west of this property Motion by Mr Nicholas seconded by Mr Russell to recommend approval of the final re plat of Marbella Townhomes to City Council Vote on the motion carried unanimously 3 Recommendation to the Board of Adjustment Re Special Exception Request No 02 11 to Allow Residential Use in the C 1 Zoning District, Block 19, Lots 5 8 and 12 16, Corner of Madison and Monroe Avenues Norm Boucher, Petitioner Planning & Zoning Boaru Meeting Minutes December 11 2002 Page 2 Mr Peetz advised that the property had a previous special exception granted on July 30 1990 to allow residential use Discussion followed regarding if the granted special exception was expired Mr Nicholas and Mr Russell clanfied that the intent of Section 110 48 Expiration was to impose an expiration of granted special exceptions if they were not utilized within 12 months from the date they were granted After reading the code section City Attorney Garganese voiced his legal opinion that the existing special exception was expired Building Official Reid questioned his interpretation Mr Garganese responded that the intent of the code section was clearly to impose expiration on special exceptions that were not utilized and his interpretation would be defendable Staff responded that the applicant was informed that the property already had a granted special exception for residential use and therefore the applicant was not present at the meeting At this time Building Official Reid phoned the applicant and advised that he needed to attend the meeting Mr Reid respectively requested that the Board change the order of the agenda to allow the applicant time to attend Motion by Mr Nicholas seconded by Mr Russell to change the order of the agenda item #3 to #6 Vote on the motion carried unanimously 4 Recommendation to the Board of Adjustment Re Special Exception Request No 02 12 to Allow Sales of Mobile Homes at Cocoa Palms Mobile Home Park, 6815 N Atlantic Avenue Wallace Eberwein, Petitioner Mr Wallace Eberwein Petitioner testified that he was the owner /manager of Cocoa Palms Mobile Home Park and he was requesting a special exception to purchase set up and sell mobile homes on six existing vacant lots within the park which have been sitting vacant for almost two years He further testified that the State is requiring him to obtain a dealers license to sell the mobile homes he was informed by city staff that he needed a special exception and occupational license to sell mobile homes A lengthy discussion followed regarding whether a special exception was needed would selling mobile homes as described by the petitioner actually part of the overall mobile home park operation in which he already had a city occupational license or would an additional city occupational license be required to sell mobile homes Building Official Reid advised that in 1995 there existed a total of 98 lots and now that number was reduced to 96 Mr Eberwein agreed that the sale of mobile homes was only allowed on the portion of the properly that was zoned C 1 City Attorney Garganese reviewed and read portions of Florida Statute 723 058 regarding mobile home owners rights to sell there mobile homes city code Sections 110 192 (B) requirements for permitting and 110 334 (C)(9) special exceptions required Following discussion the Board concluded that Mr Eberwem has an occupational license to operate his mobile home park the State requires Mr Eberwein to obtain a dealers license to purchase and sell trailers incidental to the mobile home park business Section 110 192 (B) states that the removal and installation of any mobile home has to be permitted and also refers that mobile home parks can not expand It was therefore the Board s opinion that a special exception was not required because the request as described by the applicant was part of the overall mobile home park operation Motion by Mr Russell seconded by Mr Nicholas to take no action on this application because a special exception is not required Vote on the motion carried unanimously Chairperson McNeely called for a five minute recess at 9 00 p m the meeting was called back to order at 9 05 p m Planning & Zoning Boai, Meeting Minutes December 11 2002 Page 3 Motion Re Site Plan of Villages of Seaport Village 7 Scott Nickle, Bussen Mayer Engineering, Project Engineer ` Mr Todd Peetz City Planner advised that there were two issues remaining to be resolved for this site plan The first was a binding developers agreement addressing the requirement for public beach access Mr Peetz advised that the developer's idea is to utilize Shorewood Drive when it is turned over to the city as a public road along with the Northern boundary of Villages property for beach access the second was a fire safety concern modification to Village 6 access which was changed to accommodate drainage requirements for Village 7 Assistant Fire Chief John Cunningham explained that originally Ridgewood access came through Villages there was an access road through Villages 6 (Bldgs 63 64 & 65) With Village 7 coming into effect the access road was removed He advised that the fire department had a problem now with emergency access because the road is only 12 ft wide The fire department subsequently has made the developer provide access in between the buildings to give them access to the inside buildings without needing to travel on the non conforming road Mr Cunningham advised that the new plan meets the fire department's requirements He stated that he has his requirements in writing and has the commitment in writing He explained that basically the agreement states that the developer will not occupy buildings 63 64 & 65 in Village 6 until the road between the buildings is in service and meets the fire departments requirements Building Official Reid advised that the two attachments that Mr Cunningham was referring to has not been furnished to the Building Official and he had nothing in writing however if the fire department is satisfied with emergency access then the building dept is satisfied Mr Peetz advised that Village 6 needs to come back to the Board for a revised site plan approval Discussion followed regarding the revisions to Village 6 Building Official Reid noted that a construction drawing should be attached as an exhibit to the developers agreement regarding the future public beach access Mr Pat Salamone venfied that no building permits would be acquired for Village 7 until the fire access requirements for Village 6 are completed Discussion continued Motion by Mr Russell seconded by Mr Nicholas to approve the Site Plan of Villages of Seaport Village 7 with the following contingencies A developers agreement shall be approved by City Council for public beach access that would include all pertinent conditions and stipulations to include handicap accessibility and construction drawings 2 Drawings shall be submitted showing the relationship between Phases 6 and 7 with respect to fire access 3 Fire access modifications to Phase 6 shall be completed prior to building permits being issued for Phase 7 and prior to the Certificate of Occupancies being issued for Phase 6 Brief discussion followed for clarification Mr Salamone agreed to the contingencies of approval Vote on the motion carried unanimously Recommendation to the Board of Adjustment Re Special Exception Request No 02 11 to Allow Residential Use in the C 1 Zoning District, Block 19, Lots 5 8 and 12 16, Corner of Madison and Monroe Avenues Norm Boucher, Petitioner Planning & Zoning Board Meeting Minutes December 11 2002 Page 4 Mr Peetz verified the city attorney s interpretation that the existing special exception had expired Mr Norm Boucher Petitioner testified that he was requesting the special exception to construct probably seven one story townhomes He submitted photographs of the property showing the existing surrounding properties Brief discussion was held regarding buffering requirements between zoning districts Motion by Mr Nicholas seconded by Mr Russell to recommend approval of Special Exception Request No 02 11 as presented Vote on the motion carried unanimously Election of Chairperson and Vice Chairperson Mr Russell nominated Ms McNeely as Chairperson Mr Nicholas moved to close nominations Vote on the nomination was unanimous Ms McNeely nominated Mr Russell as Vice Chairperson Mr Nicholas moved to close nominations Vote on the nomination was unanimous By consensus of the Board members due to the late evening hour the discussion items would be rescheduled at the next meeting There being no further business the meeting was a umed 5t 10 17 p in Bea McNeely Chairperson Susan L Chapman Boar Secretary PLANNING & ZONING BOARD MEETING MINUTES NOVEMBER 26 2002 A Regular Meeting of the Planning & Zoning Board was held on November 26 2002 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida Chairperson Bea McNeely called the meeting to order at 7 30 p m MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson Andrea Shea King Leo Nicholas MEMBERS ABSENT John Fredrickson OTHERS PRESENT Jeffrey Buak City Attorney Susan Chapman Board Secretary Moms Reid Building Official NEW BUSINESS Approval of Meeting Minutes October 23, 2002 Motion by Mr Russell seconded by Mr Russell to approve the meeting minutes of October 23 2002 Motion carried unanimously 2 Motion Re Site Plan for Solana on the River Condominiums Allen En meenng, Applicant Mr Todd Peetz City Planner advised that city staff had reviewed the site plan and recommended approval Mr John Allen Allen Engineering announced that he appreciated the Board members meeting tonight The Board members reviewed the site plan and corresponding data Mr Allen explained that Towne Realty was trying to develop both sides of Center Street along the river the city owned the right of way on Center Street the utilities were difficult to access the developer would work with the City to repave and landscape Center Street along with utilities necessary for this development he encourage the city to install a baffle box on the end of the 54' storm drain during the construction of this project he noted that the State may provide 50% of the cost of the baffle box ground water would be used in the wet pond and fountain Phase I would include budding a construction road infrastructure and landscape buffering parking of boats and trailers would be prohibited the building would be constructed 45 ft except for the proposed recreation building Towne Realty has a contract pending to close on the property on December 15th the roofs would be flat with decorative parapet walls around the buildings similar to the Solana Lakes project units range from 2 000 to 2 400 sq ft construction traffic will be directly on Center Street the traffic study has been submitted to the City a 4 ft high retaining wall would be constructed along the southern property boundary Mr Nicholas voiced his concerns regarding insufficient parking and the landscape buffering Discussion was held regarding east/west breezeways between the buildings parking landscaping and buffering between American Boom and Barrier and this project Planning & Zoning Board Meeting Minutes November 26 2002 Page 2 Motion by Mr Russell seconded by Ms Shea King to approve the site plan of Solana on the River Condominiums Motion carried by majority with members voting as follows Ms McNeely for Mr Nicholas against Mr Russell for Ms Shea King for Motion Re Site Plan for Cape Club Condominiums Allen Engineering Applicant Mr Todd Peetz City Planner advised that this project satisfied all of staffs comments and recommended approval He explained that staff comments had included mitigation of relocating three public parking spaces on Jackson Avenue which were relocated on Taylor Avenue to accommodate the driveway access Mr John Allen Allen Engineering advised that this project would be located on 159 acres a total of 16 units at a density of 11 units per acre the developer would re stripe the public parking spaces on Taylor Avenue at the request of the public works director the building would be 45 ft high the units range from 1 700 to 2 300 sq ft the beach access would have a handicap ramp he verified that the entrance was adequate for waste management and emergency vehicles the alleyway was owned by the City and would be maintained by the developer block pavers would be installed where outside parking is located at the request of the Fire Dept the west side fire lane would have block pavers installed which would be covered with sod Discussion was held regarding block pavers parking and landscaping Mr Allen noted that nine additional trees were added on the north side of the property at the request of the Community Appearance Board Mr and Mrs Whitehead 619 Monroe Avenue voiced their concerns regarding this project They questioned the survey and advised that it may be incorrect Mr Whitehead submitted a survey of his property (Exhibit A) Discussion followed The Board concluded that the project engineers surveyor and the Whitehead's surveyor get together and resolve the discrepancy if any prior to the building permit being issued for this project The Whitehead s voiced additional concerns regarding public parking at the beach access and the safety of their young children during the construction Following discussion the Board suggested that perhaps the Whitehead's should consider fencing their property Mr Allen verified that the power lines would be buried Mr Peetz advised that the alleyway was not considered a street and the setback was 15 ft from the alleyway Mr Nicholas voiced his concern regarding public parking and advised that the city should not give up the rights of the public to accommodate a private developer Discussion followed The Board agreed that the owner has a right to develop the property and made the best choice for access with limited options Mr Paul Wubbena 615 Monroe Avenue advised that he has a fence 2 1/2 ft into the easement and his house was approximately 10 ft from the alley Following discussion the Board advised Mr Wubbena that he would need to relocate his fence from the easement Motion by Ms Shea King seconded by Mr Russell to approve the site plan of Cape Club Condominiums with the contingency that the survey of the northern boundary be clarified to the satisfaction of the Building Official Vote on the motion carried unanimously as amended Due to the late evening hour the meeting was adjoume t 10 07 p m Bea McNeely Chairperson Susan L Chapman Board Secretary PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 23 2002 A Regular Meeting of the Planning & Zoning Board was held on October 23 2002 at the City Hall Annex I I I Polk Avenue Cape Canaveral Florida Chairperson Bea McNeely called the meeting to order at 7 30 p m MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Leo Nicholas MEMBERS ABSENT Andrea Shea King OTHERS PRESENT Susan Chapman Morris Reid Jeffrey Buak Todd Peetz NEW BUSINESS Chairperson Vice Chairperson Board Secretary Building Official Assistant City Attorney City Planner Approval of Meeting Minutes October 9, 2002 Motion by Mr Russell seconded by Mr Nicholas to approve the meeting minutes of October 9 2002 Motion carried unanimously 2 Review and Recommendation to City Council Re Final Re Plat Approval of Jefferson Villas Phase II Thomas H Quinn, Applicant Building Official Reid advised that staff reviewed the final replat of Jefferson Villas Phase II and recommended approval Mr Quinn advised that this was the last plat to be approved for the Jefferson Villas project Motion by Mr Russell seconded by Mr Fredrickson to recommend approval of the final replat for Jefferson Villas Phase II Vote on the motion carried unanimously Planning & Zoning Board Meeting Minutes October 23 2002 Page 2 3 Review and Motion Re Preliminary Re Plat Approval of All Shores Townhomes James Morgan, Applicant Building Official Reid advised that staff reviewed the final replat of All Shores Townhomes and recommended approval Vice Chairperson Russell questioned what the addresses were and what department assigns addresses Mr Morgan responded that he did not know what the assigned addresses would be until after he applied for the building permit The Board Secretary advised that Brevard County E 911 Address Assignment Office in conjunction with city staff assigns the new addresses Motion by Mr Russell seconded by Mr Fredrickson to approve the preliminary plat for All Shores Townhomes Vote on the motion carried unanimously DISCUSSION Discussion Re Section 94 78, Political Signs Assistant City Attorney Buak advised that legal council was preparing a draft ordinance for the Board s review and requested that this discussion be tabled until the next meeting 2 Discussion Re Landscape Buffering Between Zoning Districts The Board members reviewed the Brevard County Landscape code City Planner Todd Peetz explained that the county's landscape code is difficult to understand and would be quit costly to the developers He advised that the city code should be amended to include landscaping in C 2 and residential zoning districts Discussion was held regarding fences walls and hedges height restriction on greenery the top 2 ft of 6 ft high walls being open to air & light 8 ft walls being open to air and light 50% Section 11 566(c) 110 470 and 110 567 Following discussion the Board concluded to request that staff prepare a draft amendment to include C 2 zoning be added anywhere in the code that landscaping is mentioned and add (e) to Section 110 567 stating that the height limitation does not apply to vegetation 3 Discussion Re Proposed Ordinance Changes to Reflect Continuity for Small Projects James Morgan, Council Member Council Member James Morgan requested that this discussion item be tabled because he needed to do a lot more work to present his ideas to the Board which included clarifying and continuity between the various code sections Mr Morgan briefly explained that Section 110 221 Site Plans should cross reference Section 86 1 (e) Concurrency Mr Morgan advised that he was not requesting the changes for himself and he would come back to the Board at a later date There being no further business, the meeting was adjourned at 9 12 p in f Bea McNeely Chairperson Susan L Chapman Secretary PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 9, 2002 A Regular Meeting of the Planning & Zoning Board was held on October 9, 2002 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida Chairperson Bea McNeely called the meeting to order at 7 30 p in MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson Andrea Shea -King John Fredrickson Leo Nicholas OTHERS PRESENT Anthony Garganese City Attorney Susan Chapman Board Secretary Morris Reid Building Official NEW BUSINESS Approval of Meeting Minutes September 25, 2002 Motion by Mr Russell, seconded by Mr Nicholas to approve the meeting minutes of September 25, 2002 Motion carried unanimously 2 Interview of Prospective Board Member Walter Schoenfeld Mr Schoenfeld introduced himself and advised that he has been a resident since 1994 Before retiring he worked at the water authority in Buffalo, NY, he had no relatives serving on any city boards or contracts, he would like to donate some of his time to the community, his father -in -law used to be the fire chief for the city, he envisioned that the city should control and regulate growth and would like to see more parks the existing zoning appeared to be in -place he did not agree that an engineer who designs a building should be able to inspect the same building himself Building Official, Morris Reid responded that everything is performed per state statute The Board members advised that the meetings are published regularly in the newspaper, the city website page, and the Board meets the 2nd and 4th Wednesday of every month at 7 30 p in Mr Schoenfeld apologized for not attending any previous meetings He did note that he attended City Council meetings from time to time, he has no prior commitments or conflicts that would prevent him from attending the meetings regularly Mr Schoenfeld advised that he would cooperate and evaluate suggestions by the tourist industry but believed the city should not cater to them He advised that he was not very familiar with the zoning code, density or setback requirements Chairperson McNeely advised that it was sometimes difficult to make decisions that may affect your neighbors Planning & Zoning Board Meeting Minutes October 9, 2002 Page 2 Mr Schoenfeld agreed that as an alternate member he would attend the meetings, learn the regulations, and be involved in the discussions Mr Schoenfeld voiced his opinion that the city did a poor job advising the residents about the Shorewood/Solana projects The Board members responded that the meetings were published in the newspaper the project was approved by both the city state & other regulatory agencies and the meeting minutes and are posted on the city's website and are posted and available at City Hall Following a brief discussion, Mr Fredrickson moved to recommend that Mr Schoenfeld be appointed to the Board Motion was seconded by Ms Shea -King Vote on the motion carried unanimously DISCUSSION Discussion Re Proposed Ordinance Changes to Reflect Continuity for Small Projects The Board members questioned what the reasoning was behind this request Building Official Morris Reid advised that he was instructed by the City Manager to bring this to the Board and did the best he could with the information provided Vice Chairperson Russell advised that the Building Official should not be interpreting for a Council Member Motion by Mr Fredrickson, seconded by Mr Russell to table this discussion item until Councilman Morgan could be present to explain his request Vote on the motion carried unanimously 2 Discussion Re Notices for Special Exceptions/Vanances /Rezoning_ City Attorney, Anthony Garganese advised that the City Council requested that the Board reconsider this request for notifications to property owners within a 500 ft radius of a request for special exceptions, variances and rezonings City Council requested a proposed ordinance to require that notices to property owners be sent by certified returned receipt advising that the request will be considered for recommendation by the Planning & Zoning Board on a specific date He advised that the costs would be the responsibility of the applicant Discussion followed Motion by Mr Nicholas, seconded by Mr Fredrickson to recommend that the city attorney draft a proposed ordinance to City Council that includes that the city staff obtain the property owners list and labels from Brevard County mapping office, all owners within a 500 ft radius of the property boundaries shall be notified by certified mail of the Planning & Zoning Board meeting that the request will be considered by the Board for recommendation, and the applicant shall pay all costs and expenses incurred by the city staff Vote on the motion carried unanimously Planning & Zoning Board Meeting Minutes October 9, 2002 Page 3 ADDITIONAL DISCUSSION Mr Don Hall resident of Ocean Woods suggested that the Building Official look into posting a sign on properties requesting rezomngs, special exceptions and variances Andrea Shea -King thanked the Building Official for the quarterly report depicting the status of projects approved by the Board Mr James Whitehead, a city resident suggested that the city setup a voluntary master e- mail list for the residents who would like various information of interests a mailed to them There being no further business, the meeting was adjourned at 8 37 p in C-BeaMcNeely, Chairperson Susan L C apman Secretary PLANNING & ZONING BOARD MEETING MINUTES SEPTEMBER 25 2002 A Regular Meeting of the Planning & Zoning Board was held on September 25 2002 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida Chairperson Bea McNeely called the meeting to order at 7 30 p m MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson Andrea Shea King John Fredrickson Leo Nicholas OTHERS PRESENT Anthony Garganese City Attorney Susan Chapman Board Secretary Morns Reid Building Official NEW BUSINESS Approval of Meeting Minutes September 11, 2002 Motion by Mr Fredrickson seconded by Mr Nicholas to approve the meeting minutes of September 11 2002 Motion carried unanimously Interview of Prospective Board Member Walter Schoenfeld Mr Schoenfeld was not present at the meeting Discussion Re Section 94 78, Political Signs City Attorney Garganese informed the Board that Section 94 78 Political Signs was unconstitutional and not enforceable because it discriminates political signs from other kinds of temporary signs He suggested that signs should be regulated in general He further advised that the city could not regulate the time they may be erected but could regulate when they needed to be removed Following discussion City Attorney Garganese agreed to draft a proposed ordinance for consideration by the Board at a subsequent meeting 4 Discussion Re Vehicle Rental Facilities Discussion was held regarding possibly limiting vehicle rental facilities to only one specific zoning distnct and impose distance requirements between the same type of establishments Building Official Reid gave an overview of the existing vehicle rental facilities throughout the main comdor of the city and the distance between same Discussion was also held regarding imposing reasonable aesthetic regulations & buffering with greenery along the city's main comdors Mr Nicholas inquired if the businesses were satellite offices or franchises because he was concerned with overflow parking Following discussion City Attorney Garganese agreed to draft a proposed ordinance for consideration by the Board at a subsequent meeting Planning & Zoning Board Meeting Minutes September 25 2002 Page 2 Discussion Re Landscape Buffering Between Zoning Districts The Board members reviewed and discovered inconsistencies between code Section 110 566 Landscaping and Screening for Commercial and Industrial Zoning districts and Section 110 470 Fences Walls and Hedges Mr Nicholas requested a copy of the Brevard County Landscape Ordinance for review Mr Nicholas inquired as to why action was not being taken against the property where Hertz Rent a Car was located because the buffering between the zoning districts were not complied with Mr Reid advised that the property owner was working on bringing the property into compliance Discussion followed Motion by Ms Shea King seconded by Mr Nicholas to amend Section 110 566 (b) (3) to read as follows Such visual screen shall be not less than four or more than six feet in Height except as provided in Section 110 470(a)(2) Vote on the motion carried unanimously There being no further business the meeting was adjourned at 9 07 p in *ea eely Chairperson Susan L Chapman Secretary �,ANNING & ZONING BOARD MEETi ., MEETING MINUTES SEPTEMBER 11 2002 A Regular Meeting of the Planning & Zoning Board was held on September 11 2002 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida Chairperson Bea McNeely called the meeting to order at 7 30 p in MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Leo Nicholas MEMBERS ABSENT Andrea Shea King OTHERS PRESENT Anthony Garganese City Attorney Susan Chapman Board Secretary Morris Reid Building Official NEW BUSINESS Approval of Meeting Minutes August 14 2002 Dr Fredrickson requested clarification regarding voting conflicts City Attorney Garganese advised that the voting member needs to declare a voting conflict if he /she could receive a financial gain He cautioned that declaring a voting conflict could be challenged by anyone He further advised that the member declaring a voting conflict may be involved in discussion and would need to state for the record that he /she would be abstaining from voting due to a conflict of interest Motion by Mr Nicholas seconded by Dr Fredrickson to approve the meeting minutes of August 14 2002 Motion carried unanimously 2 Motion Re Final Plat Approval of Ocean Gardens, Wave III Replat of Lots 33, 34 & 35, Ocean Gardens Subdivision John Baker, Applicant The Board members reviewed the submitted final plat of Ocean Gardens Wave III Mr Nicholas requested that the vicinity map be changed to depict a closer vicinity to the specific property The Board members agreed that the Building Official should review a revised map provided by the applicant prior to the plat being forwarded to the City Council for review Motion by Mr Nicholas seconded by Mr Russell to recommend approval of the Final Plat for Ocean Woods Wave III with the condition that the vicinity map be replaced with a more conforming map that has been approved by the Building Official prior to being forwarded to City Council Vote on the motion carried unanimously Planning & Zoning Board Meeting Minutes September 11 2002 Page 2 3 Interview & Recommendation to City Council Re Prospective Board Member Walter Schoenfeld Since Mr Schoenfeld was not present the Board agreed to table this agenda item until the next meeting 4 Recommendation to Ci v Council Re Vehicle Rental Facilities Building Official Reid advised that the City Council requested that the P & Z Board consider reviewing C 1 & C 2 zoning regulations pertaining to vehicle rental facilities possibly to limit additional vehicle rental businesses from coming in to our city He noted that the city currently has four vehicle rental businesses The Board agreed that eliminating the use would increase the franchise of those that are already in the city City Attorney Garganese advised that justification and rational must be provided to prohibit this type of use He advised that if the use was prohibited the existing vehicle rental facilities would be non conforming He noted that the city would need to justify why this type of business is so harmful that it needed to be eliminated He suggested establishing additional criteria by imposing special distance requirements and/or special setbacks and/or limit the use to only one zoning district Following discussion the Board concluded to request the City Attorney to provide information from other cities as to how they regulate vehicle rental facilities DISCUSSION Motion by Vice Chairperson Russell seconded by Mr Nicholas to add an agenda item to review and discuss a draft ordinance regarding courtesy notices for special exception and variances Vote on the motion carved unanimously City Attorney Garganese explained that the city recently adopted notice requirements for rezoning requests and the City Manager asked the P & Z Board consider amending notice requirements for special exceptions and variances The members questioned what generated this proposed ordinance It was noted that presently the P & Z Board discusses special exception and vanance requests prior to making recommendation to the Board of Adjustment They questioned whether it was necessary for the P & Z Board to have input and opinions from citizens knowing that the Board only makes recommendation to the Board of Adjustment The Board Secretary explained that the draft ordinance would require that notices be mailed by certified mail to all property owners within a 500 ft radius of the requested special exception or variance This would be not only very costly but also time consuming for staff The Board members agreed that the only previous discussion held by the Board was how the 500 ft measurement was taken The Board Secretary had verified with Brevard County mapping department that the measurement was always from the outer property boundanes If the ordinance was adopted it was noted that the cost would be passed onto the applicant Following further discussion the Board concluded to table this matter until additional information was provided to justify changing the existing notification process City Attorney Garganese advised that the City Manager had received inquiries regarding materials being used for political signs and he was asked by the City Manger to give his opinion He advised that the existing sign code needed to be changed because the existing code is unconstitutional as it is written Planning & Zoning Board Meeting Minutes September 11 2002 Page 3 There being no further business the meeting was adjourned at 9 27 p m Bea McNeely Chairperson Susan L Chapman Secretary _ JANNING & ZONING BOARD MEE1. .s REGULAR MEETING AUGUST 14, 2002 A Regular Meeting of the Planning & Zoning Board was held on August 14 2002 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida Chairperson Bea McNeely called the meeting to order at 7 30 p m MEMBERS PRESENT John Fredrickson Leo Nicholas Bea McNeely Andrea Shea King MEMBERS ABSENT Lamar Russell OTHERS PRESENT Kohn Bennett Kim McIntire Tom Myers Moms Reid NEW BUSINESS City Attorney Acting Recording Secretary City Planner Building Official Adoption of Meeting Minutes July 24 2002 Dr Fredrickson noted that there was an error in the last paragraph of Page 3 and the word purchase should read sell Motion by Ms Shea King seconded by Dr Fredrickson to approved the minutes of the Regular Meeting of July 24 2002 as amended Motion passed unanimously 2 Recommendation to City Council Re Interview of Prospective Board Member Craig Stewart The applicant was not present Motion Re River Gardens Site Plan — Craig Hessee Terra Bone Inc Applicant Ms McNeely noted that statements from the building official public works director city planner and St Johns River Water Management District as well as the checklist were included in the application Mr Reid stated that everything had been reviewed a permit would be issued by the Army Corps of Engineers in regards to preservation of the wetlands immediately west of the project and staff was recommending approval of the project Mr Hessee displayed the project s site plan and summarized the project as follows This was a condominium project consisting of 30 townhouses /7 buildings MW W Planning & Zor► J Board Meeting Page Two August 14 2002 The total project area consisted of 9 acres overall however only 5 1/2 acres were being utilized resulting in a density of 10 units /acre The project will be of the same architectural style as the Cape Gardens project Each condominium unit will have 3 bedrooms and 1 garage Amenities included a boardwalk and an observation deck extending out 20 30 feet with a gazebo at the end There will be no parking facilities for RV s Pool amenities will be shared with Cape Gardens Entrance is via King Neptune Lane A fountain is being proposed for the retention area in the middle of the project Construction to commence 10/1/02 with an expected completion date of 10/1/04 Ms Shea King expressed concern with only Igarage per unit Mr Hessee explained the configuration of the proposed parking stating that each townhouse would be able to accommodate up to 3 vehicles if necessary There was no input from the audience Motion by Mr Nicholas seconded by Dr Fredrickson to approve River Gardens Site Plan Motion passed unanimously 4 Recommendation to the Board of Adjustment Re Special Exception Request No 02 08 to allow residential use in the C 1 zoning district Parcels A 08 and 500 Section 14 Township 24 South Range 37 East — Holly Myers Applicant Ms McNeely stated that this was a quasi judicial matter and instructed the board and the audience with this evening s format for this matter and stated that the board was looking for competent substantial evidence as opposed to uninformed opinion Any member of the audience wishing to provide testimony would need to be sworn in by the city attorney and would need to present their credentials Individuals would be given three minutes to speak City Attorney Kohn Bennett swore in those individuals wishing to give testimony Mr Reid stated that the Special Exception to change the use from C 1 to R 2 had been reviewed and met all the requirements Staff was recommending approval Mr Reid provided a brief history of the property and stated that this piece of property had been granted a previous special exception in 1995 to construct 16 town homes however no action had been taken until Ms Myers approached the City in May of 2002 to inquire about the property The preliminary site plan and was ready to be recorded at the courthouse however that never took place Ms Myers was requesting a special exception for 19 town homes which had been reviewed numerous times and was found to be in compliance with the intent of the city s code Dr Fredrickson noted that the original site plan had expired and the building official agreed Mr Reid said the original site plan had some stipulations when it went before the Board of Adjustment and the Planning & Zoning Board due to the 16 unit requirement Ms McNeely asked the city attorney what action does the board take as there was already an existing special exception Mr Bennett stated that the board did not have an application before them to amend therefore the new application would supersede the first special exception making it null and void The new application will take precedence W W Planning & Zoning Boa .feeting Page Three August 14 2002 Dr Fredrickson opined that the only reason the board was discussing this was because the applicant was asking for 19 units as opposed to the special exception for 16 units Mr Reid stated that the requested special exception was only changing the use and had nothing to do with the units because only 15 units per acre were permitted Mr Nicholas opined that the number of units could be one of the conditions in granting this special exception Mr Bennett agreed and that this was the board s opportunity to clarify this issue Applicant Holly Myers said the original special exception could not be located when she first came in to talk to the City Therefore she thought she had to apply for a general special exception for residential use In the midst of this a site plan was developed looking at a product that was similar to Ocean Woods in the year 2003 The site plan before the board at this evening s meeting has never been reviewed by staff and she does not know how many units will fit on that property until after site plan review At this time she is requesting a special exception for residential usage consistent with R 2 criteria as provided by Section 110 She stated when she was before the board in June there were questions regarding the issues that were part of the 1995 special exception all of which related to access easement issues onto Ocean Woods Blvd Ms Myers feels that residential is more than appropriate in this location and that the Atlantic Avenue corridor is scattered with both commercial and residential developments and their proposed project would be consistent with the area Ms Myers requested that Dr Fredrickson abstain from voting on this issue because he owns property immediately adjacent to the subject property and Ms Myers believes his property values may be affected by this development Dr Fredrickson stated that he would not abstain from voting on this issue Ms McNeely asked the city attorney if the legal description of this piece of property was correct Mr Bennett responded in the affirmative Mr Bennett said it appeared that the application was basically for the board to readopt everything that had been done before except to be clear about the density Ms Myers agreed and reiterated that she had no problems with any of the conditions as written Mr Bennett said that the only previous discussion in 1995 was whether or not this property had any rights via ownership easement or otherwise to access the road coming out onto N Atlantic The applicant must show they have some rights via legal documents or agreement He said it was a question of whether or not the board believed that in looking at the evidence presented residential use via special exception was compatible Ms McNeely expressed her concern regarding the properties within a 500 foot radius of the subject property which was identified with a symmetrical circle around part of the oddly shaped subject property and the language contained therein referring to the list of legal descriptions for all properties within a 500 radius of the boundaries of the property She said it did not look like the boundaries of the property were in the same type of configuration as the properties 500 feet away Ms Myers agreed and stated that she had obtained this information from the property appraiser s office and they stated it was their standard radius search that they do for properties Mr Reid noted that except for the very bottom of the property the appraiser had exceeded the 500 foot radius using the edge of the property and told members that the map was a very small scale Ms McNeely requested that the board review the conditions of the special exception that was granted in 1995 Mr Nicholas suggested that input be solicited from the audience prior to the board reviewing the original special exception 1W MW Planning & Zoning Boa Meeting Page Four August 14 2002 Ms McNeely asked if anyone from the audience wished to give testimony Mr James Howley Ocean Woods representing the Ocean Woods HOA stated that they had no objection to the construction of a residential project however a petition had been circulated throughout Ocean Woods requesting that the entrance to the proposed project be relocated from Ocean Woods Blvd to N Atlantic Avenue due to increased congestion and the second was that the proposed project not be annexed into Ocean Woods Mr Bennett reminded the audience that the board wished to hear evidence on whether or not the property should be used as residential Mr Richard Worley Ocean Woods stated that in 1996 the City was asked to accept that portion of Ocean Woods Blvd from N Atlantic Avenue to the guard gate but the City could not accept dedication of the roadway at that time due to the deficiencies of the right of way width sidewalks and depth of limerock base He presented the board with a copy of said letter from the City He was concerned that over the course of construction of the proposed project the heavy trucks would damage that portion of roadway Ms Dawn Hughes Ocean Woods expressed concern that the proposed residential development was not offering any amenities to its residents which could be an impact on Ocean Woods and the entire community if they were not annexed into Ocean Woods Ms Myers responded by stating the City s code has requirements for some amenities for different types of projects and assured everyone that it was not the intent to not offer any amenities and said that many of the Ocean Woods amenities simply would not fit on a two acre site City Attorney Bennett advised that there was no amenities language contained within any of the City s ordinances Ms McNeely said the language regarding the ownership of the ingress /egress had not been addressed Mr Bennett advised that approval of the special exception request would require the following condition If the applicant desires to utilize Ocean Woods Blvd for ingress and egress the applicant must provide proof of legal access and otherwise comply with all the requests for approval during the site plan approval process Mr Rich Emerson Ocean Woods asked if legal access was proven could that issue still be raised and contested by Ocean Woods upon site plan submittal Mr Bennett responded in the affirmative as there must be proof of ownership Arlene Howley Ocean Woods said that the prospective builder would probably be the same builder of Ocean Woods and she wanted the board to be aware that the original plan of Ocean Woods contained many errors in the original presentation to the buyers of Ocean Woods Wanda Cook Ocean Woods asked if the Ocean Woods residents would be notified of the upcoming site plan meetings She was advised by the building official that meeting notices were published in the newspaper and placed on the City s City Hall Marquee and bulletin board He also advised that the City s website contained this information There being no additional input from the audience Ms McNeely advised the board that the options were to recommend approval of the special exception with conditions deny the special exception request or table the item for additional information She stated that the one condition was ingress /egress Motion by Mr Nicholas seconded by Ms Shea King to recommend approval of Special Exception Request No 02 08 with the following condition If the applicant desires to utilize Planning & Zoning Boa Ieeting Page Five August 14 2002 Ocean Woods Blvd for ingress and egress the applicant must provide proof of legal access and otherwise comply with all the requirements for approval during the site plan approval process Amendment to motion by Mr Nicholas seconded by Ms Shea King to include a second condition the development be limited to the 19 units as requested Amendment passed unanimously Original motion passed unanimously OPEN Mr Nicholas expressed his concern regarding the last special exception that was granted to a car rental business He stated that they were still in operation and had not met the conditions of the special exception This business still did not have an occupational license He asked what guarantee does the City have that businesses will meet the conditions of approved special exceptions City Attorney Bennett said there were two available avenues as follows (1) code enforcement to address the occupational license and (2) The Board of Adjustment upon notice of public hearing would have an opportunity to revoke the special exception after due process Mr Bennett informed the board that he and his firm were no longer able to serve the city and there would be a resolution on the August 20 2002 City Council agenda to retain the services of another attorney He was requesting that the City Council hire Anthony Garganese former city attorney for the City of Cape Canaveral until Amari & Theriac s contract expired in December 2002 The board thanked Mr Bennett for his professional services and guidance over the years There being no further business the meeting was adjourned at 9 05 p in Bea McNeely Chairperso ATTE T 1 �l Kim M McIntire Acting Recording Secretary City of Cape Canaveral Planning & Zoning Board July 24 2002 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on July 24 2002 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairperson McNeely The Recording Secretary called the roll MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice Chairperson Leo Nicholas John Fredrickson Andrea Shea King MEMBERS ABSENT OTHERS PRESENT Morris Reid Budding Official Charlie Crawford City Attorney Virginia Haas Recording Secretary NEW BUSINESS 1 Approval of Meeting Minutes June 26, 2002 Motion by Vice Chairperson Russell seconded by Chairperson McNeely to approve the June 26 2002 Meeting Minutes The motion passed unanimously 2 Recommendation to City Council Re Easement Agreement from Sunrise Sunset Corporation, Parcel No 24- 27- 14- 27 -0000E 2- OOOA 00 Mr Reid explained that these are similar to the easements Mr Gardulski has been working on however this easement is located west of Seaport Boulevard and Shorewood Drive Mr Crawford responded to Chairperson McNeely that the necessary papers were in order Hearing no discussion on the item the question was called to approve the recommendation to City Council Re Easement Agreement from Sunrise Sunset Corporation The motion passed unanimously 3 Recommendation to City Council Re Easement Agreement from Applied Technology Center Investments, Parcel No 24- 37- 23 -JI- OOOOE 2 -000 00 Vice Chairperson Russell asked for clarification on the location of the parcel Mr Reid responded that it was the parcel of land on the northwest corner of Center and SR A1A on the east side of the parcel next to SR A1A There was some discussion regarding North Atlantic and Al Street naming Planning & Zoning Boar Meeting Minutes July 24 2002 Page 2 Mr Leo Nicholas questioned if this easement had previously been done? There were additional questions as to the location and description of the parcel Motion by Vice Chairperson Russell seconded by Ms Shea -King to accept the Easement Agreement from Applied Technology Center Investments and forward to the City Council for approval Motion passed unanimously Mr Fredrickson questioned Central Boulevard being filled with machinery and muck Mr Reid responded that the City of Cocoa was installing a new water line and a stormwater baffle line was installed previously requiring only a street permit DISCUSSION Discussion Re Measuring 500 ft radius distance for notification requirements for special exceptions /variances /rezoning - Charlie Crawford, City Attorney Attorney Crawford informed the Board that the current code is unclear where the 500 -foot radius starts and is subject to interpretation which could include measuring from the outer boundaries of the property Attorney Crawford also stated his concern about the word may in regards to notification Mr Leo Nicholas agreed the code needs to define and clarify the outer boundaries and require that notices be mandatory in order to be enforceable Example A courtesy notice shall be mailed to property records within 500 feet of property boundaries Mr Reid and the Board members requested that Attorney Crawford define the proper language and present at the next Planning and Zoning Board Meeting The Board agreed unanimously 2 Discussion Re Section 94 -76, Temporary On- Premises Signs It was noted by Chairperson McNeely that the Board discussed this section at a previous meeting and no one was present to represent the request for temporary on- premise directional signs Vice Chairperson Russell stated that Council clearly did not approve of off - premise signs however the Council is directing the Board to review on- premise signs Discussion ensued regarding off - premise signage marquees and first amendment rights Mr Fredrickson commended the City on reducing placement of election signs Vice Chairperson Russell suggested using directional people in lieu of signs Mr Reid noted that Code Enforcement does not work on Saturday and further Code Enforcement only remove signs from the right of way not on- premise Mr Fredrickson voiced that he disagrees with allowing directional signs thus possibly creating future additional problems Chairperson McNeely called a short recess at 8 25 P M The meeting re- convened at 8 30 P M Mr Reid recommended the code not be changed because at present a courtesy notice of violation is sent allowing ten days for the removal of signs Planning & Zoning Boar Meeting Minutes July 24 2002 Page 3 Chairperson McNeely inquired if there are any safety or traffic concerns and added that she did not feel on- premise signs could assist directional purposes Attorney Crawford addressed frequency should the code be changed The Board unanimously agreed to record the following statement into the record minutes and respectfully submit to the City Council as the Planning & Zoning Board s recommendation regarding temporary on- premise signs The Planning & Zoning Board has reviewed the current code regarding on- premise signs and has found that altering the code for an individual request that is not a widespread problem could cause enforcement problems regarding size duration frequency quantity and a host of other issues It has been the experience of the Planning & Zoning Board that weekend temporary on- premise signs do occur with regularity however there appears to be self - regulation in that signs are typically removed by the end of each weekend Mr Nicholas inquired about a recent special exception Mr Reid responded the applicant would have to rescind and resubmit There was discussion about new development in the area Mr Fredrickson mentioned that he had heard at a recent homeowners meeting that the City could sell a strip of land located between Ocean gardens and Ocean Woods for $4,000 There being no further business the meeting adjourned at 9 00 P M Approved on this G� day of Virginia Haas, Recording Secretary & :- 2002 Beatrice McNeely Chairperson City of Cape Canaveral Planning & Zoning Board June 26 2002 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on June 26 2002 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairperson McNeely The Secretary called the roll MEMBERS PRESENT Beatrice McNeely Lamar Russell Leo Nicholas John Fredrickson MEMBERS ABSENT Andrea Shea -King OTHERS PRESENT Morris Reid Charlie Crawford Susan Chapman NEW BUSINESS Chairperson Vice Chairperson Building Official Assistant City Attorney Secretary Approval of Meeting Minutes June 12, 2002 Motion by Mr Russell, seconded by Mr Nicholas to approve the meeting minutes of June 12, 2002 Discussion followed regarding Item #2 of the meeting minutes Vote on the motion carried unanimously 2 Recommendation to the Board of Adjustments Re Special Exception Request No 02 -08 to Allow Residential Use in the C -1 Zoning District, Section 14, Township 24 South, Range 37 East, Parcels 500 0 and A 08 - Holly Myers, Designated Agent for Brevard Engineering Individual Retirement Trust, Inc, property Owner (Tabled at Previous Meetingl Morris Reid Building Official stated for the record that this property already has a granted special exception for residential use (Special Exception No 95 -04) and requested that this item be withdrawn from the agenda Mr Reid noted that the preliminary plat and site plan had expired The Board members reviewed history documents of the previously approved special exception and determined that the legal descriptions were the same Brief discussion was held regarding First Interstate Statement of Justification and density calculations of Ocean Woods Mr Nicholas pointed -out that this property already has a granted special exception to construct residential and this discussion was futile Chairperson McNeely noted for the record that there was no one in the audience to speak regarding this agenda item Planning & Zoning Board Meeting Minutes June 26 2002 Page 2 Motion by Mr Russell seconded by Mr Nicholas to withdraw Special Exception Request No 02 -08 from the agenda Vote on the motion carried by majority with members voting as follows Mr Fredrickson against Ms McNeely for Mr Nicholas for Mr Russell, for 3 Recommendation to City Council Re Final Re -Plat Approval of Bakersfield, Wave Two - Replat of Lots 23, 24 & 25. Ocean Gardens Wave Two, Section 14, Township 24 South, Range 37 East - John Baker Applicant Morris Reid Building Official advised that city staff reviewed the final Replat for Bakersfield and recommended approval The Board reviewed the submitted plat Mr Baker advised that the final plat needed to be approved and recorded so that he could move into his new home Motion by Mr Russell, seconded by Mr Nicholas to recommend approval of the final Replat Vote on the motion carried unanimously 4 Motion Re Preliminary Re -Plat of Marbella Townhomes - Replat of East 1/2 of Lot 7 and all of Lot 8, Block 9. Avon by the Sea Subdivision Section 23, Township 24 South, Range 37 East - Louis Suarez, Applicant Morris Reid Building Official advised that city staff reviewed the preliminary Replat for Marbella Townhomes and recommended approval The Board members reviewed the submittal and noted that the address was incorrect on the application The Board Secretary deleted the incorrect address from the application Motion by Mr Nicholas seconded by Mr Russell to approve the Preliminary Replat of Marbella Townhomes according to the legal description depicted on the plat Vote on the motion carried unanimously DISCUSSION Discussion Re Section 94 -76, Temporary On- Premises Directional Signs - Mark McQuagge, City Attorney The City Attorney inquired if there needed to be an amendment to the existing code to allow off - premise signs for a one -day event Mr Nicholas advised that an individual that sponsors a once -a -year event at the Radisson Resort requested that the city allow off - premise directional signs to assist his patrons to find his event Following a brief discussion the Board concluded that they did not want the City to allow off - premise directional signs r'' Planning & Zoning Board Meeting Minutes June 26 2002 Page 3 Mr Nicholas inquired as to the appropriate way to measure properties within a 500 ft radius The City Attorney advised that he would research the question and report back to the Board at the next meeting There being no further business the meeting was adjourned at 9 56 P M Approved on this (:�444-1) day of 2002 Beatrice McNeely Chairperson Susan Chapman Boar& Secretary City of Cape Canaveral Planning & Zoning Board June 12 2002 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on June 12 2002 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairperson McNeely The Secretary called the roll MEMBERS PRESENT Beatrice McNeely Chairperson Andrea Shea -King Leo Nicholas John Fredrickson MEMBERS ABSENT Lamar Russell Vice Chairperson OTHERS PRESENT Morris Reid Building Official Mark McQuagge City Attorney Susan Chapman Secretary All persons giving testimony were sworn -in by Attorney McQuagge NEW BUSINESS Review and Recommendation Re Proposed Ordinance to Amend Section 110 -538, Encroachments of the Cape Canaveral Code of Ordinances The Board members reviewed a proposed ordinance draft City Attorney McQuagge explained that "whereas" clauses would need to be added to the ordinance and the board may want to add additional wording to expand or limit the amendment The Building Official explained that the city code allowed certain encroachments which included chimneys fireplaces stairways balconies and roof overhangs however the amendment being considered would increase the floor living area The Board members reviewed a schematic of a proposed two -unit townhouse that depicted window accents projecting into the required setback Mr James Houston developer of the proposed two -unit townhouse, explained that his townhouse concept included bay windows on the 1st floor that are raised (not at ground level) He voiced his opinion that the code was too limited to allow for architectural features which are appealing to today's new construction trends He advised that there were existing bay windows in the city that encroached into the required setback Planning & Zoning Board Meeting Minutes June 12 2002 Page 2 Mr Reid verified that he was not aware of this and needed specifics A lengthy discussion was held regarding storm water runoff increase of structure size on small lots privacy from neighbors change in distance between homes emergency access lots sizes required setbacks ground level vs upper floors establishing minimum allowable height of encroachment from the ground level establishing maximum length of protrusion into the required setback and maximum width that a window should be allowed to be Mr Nicholas pointed -out that the city's 50 ft lots were never replatted to make the lots larger this proposal would increase the building size on a small lot He questioned why the Board members were considering changing the code for one developer He advised that this was not in the city's best interest There being no further discussion Chairperson McNeely moved to recommend that the City Attorney put the proposed ordinance in final form by adding that window widths be limited to 12 ft per window the window height be no lower than 8 ft from the finished floor elevation encroachment shall not protrude more than 18" into the required setback and forward the ordinance onto City Council The motion was seconded by Ms Shea -King Discussion followed Motion failed with members voting as follows Mr Fredrickson for Ms McNeely for Mr Nicholas against Ms Shea -King against Chairperson McNeely announced that the Board did not want to review this again 2 Recommendation to the Board of Adjustment Re Special Exception Request No 02 -08 to Allow Residential Use in the C -1 Zoning District, Section 14, Township 24 South, Range 37 East, Parcels 500 0 and A 08 - Holly Myers, Designated Agent for Brevard Engineering Individual Retirement Trust, Inc. Property Owner Holly Myers designated agent verified that this request included two separate parcels of land both under the same ownership Mr Reid Building Official advised that staff had reviewed the request and recommended approval He verified that the properties to the north and south were zoned commercial to the east was Ocean Woods residential planned unit development (RPUD) to the west was commercial and residential The Board members reviewed a proposed layout of the condominiums Ms Myers testified that the site plan has not been submitted the owner was not developing the property the proposed site plan was a selling feature that depicted 19 residential units the property owner was considering the project to be compatible with Ocean Woods She noted that the density would allow for 37 units Mr Fredrickson advised that he lives in Ocean Woods and questioned if this request had been previously presented to the Board Mr Nicholas questioned if this property was used for calculating the density of Ocean Woods and believed that it was He noted that the submitted proposed site plan showed that the property access would be on Ocean Woods Boulevard Planning & Zoning L d Meeting Minutes June 12, 2002 Page 3 Mr Nicholas asked if the property could be accessed from N Atlantic Avenue Harbor Drive and /or Ocean Woods Boulevard Mr Reid noted that the Department of Transportation does not want access on N Atlantic Avenue Ms Myers further testified that the owner was anxious to sell the property there had been no contact with the Ocean Woods Homeowners Association previous concerns may not relate to this request Mr Nicholas responded that the Board needed to see the history of this property to make a determination Motion by Mr Nicholas seconded by Ms Shea -King to table this request for additional information Vote on the motion carried unanimously 3 Recommendation to the Board of Adjustment Re Variance Request No 02 -09 to Allow Two Roof Overhangs to Protrude 2 ft 10 in into the Required Side Setback at 127 & 129 Ocean Garden Lane - Patrick and Jennifer Wigglesworth, David and Kathy Reed, Property Owners Mr Reid advised that during the plan review process staff assumed the overhang was o k He advised that the roof sheathing inspection determined that the front entry overhangs exceeded the allowable setback 2'9' into the required side setback He noted that there was 8 34 ft from the property line to the building He verified that the truss plans did not show the roof overhang and the submitted plans did not include roof framing plan and there were no scaled details submitted for the roof overhangs Mr Nicholas questioned if Mr Reid would fix the problem in -house Mr Reid responded that he relies on the builders and designers to know what the requirements are Mr Nicholas advised that if this Variance was not granted the owners would need to shorten the overhang to comply with code requirements Mr Patrick Wigglesworth, applicant testified that the lot on the east side of the house was unbuildable because it is only one lot and on the west side the three lots were being replatted for one two -unit townhouse which would make the distance greater between buildings Mr Wigglesworth submitted photographs marked as (Exhibit A) The Board members reviewed the photographs and the information contained in their data packets Mr Wigglesworth noted that his building was 200 ft from his neighbors property Mrs Wigglesworth testified that the roof overhangs were noted on the plans that were submitted to the building department the city's plan reviewer had requested to see a detail of the overhangs the overhangs were depicted on the elevation plan The Board members reviewed the plan review comment sheet item #4 which stipulated that the detail of the overhang needed to be provided Mr Wigglesworth advised that the plans had been submitted twice there is a scale on the submitted plan the building department was given a detail and there were no additional requests for information Mrs Wigglesworth advised that they assumed that the plans were approved when the building permit was issued for construction Planning & Zoning Board Meeting Minutes June 12 2002 Page 4 Mr Reid commented that there was no way for the plans reviewer to know what the dimensions of the overhangs were based on the submitted documentation Ms Shea -King questioned if there should have been a prudent plan showing the dimensions Mr Reid responded that the plan reviewer did not catch this and staff could not catch everything on the plan He advised that it is the responsibility of the builders architects engineers and surveyors to spot check the plans The Board members reviewed the submitted application Mr and Mrs Wigglesworth testified that they were under the assumption that the plans submitted were approved when the building permit was issued the overhangs did not impede into neighboring properties other properties were allowed encroachments as per Section 110 -538 (13) of the city code the encroachment was not discovered until after the overhang was constructed the homes were custom, the overhangs were not effecting any ground space on the property and the overhangs were protecting the front entrances and would not cause harm to the neighborhood Motion by Ms Shea -King seconded by Mr Fredrickson to recommend approval of the requested Variance due to the Findings of Facts that the city staff should have caught the error in a timely manner, the protrusion would not have a negative impact to adjacent properties and the city is as guilty of this error as the builder Vote on the motion carried by majority with members voting as follows Mr Fredrickson for Ms McNeely for, Mr Nicholas against Ms Shea -King for 4 Recommendation to City Council Re Proposed Ordinance to Amend Section 98 -114 (o), Streets. Roads and Alleys - Generally of the Cape Canaveral Code of Ordinances Fire Chief David Sargeant recommended two choices to amend the code Either simply reference compliance with Florida Statute (F S ) Chapter 633 or delete the ordinance and strictly comply with Florida Statute Motion by Mr Nicholas seconded by Ms Shea -King to recommend approval of the proposed ordinance to City Council adding an enabling clause referencing F S 633 Vote on the motion carried unanimously Planning & Zoning E d Meeting Minutes June 12 2002 Page 5 5 Motion Re Approval of Meeting Minutes May 22, 2002 Motion by Mr Nicholas seconded by Ms Shea -King to approve the Meeting Minutes of May 22 2002 as submitted Vote on the motion carried unanimously There being no further business the meeting was adjourned at 10 09 P M Approved on this h day of Susan Chapman Board Secretary 3i,ne— 2002 IN _� ^�. � • • / City of Cape Canaveral Planning & Zoning Board May 22 2002 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on May 22 2002 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairperson McNeely The Secretary called the roll MEMBERS PRESENT Beatrice McNeely Chairperson Andrea Shea -King Leo Nicholas John Fredrickson MEMBERS ABSENT Lamar Russell Vice Chairperson OTHERS PRESENT Morris Reid Building Official Mark McQuagge City Attorney Susan Chapman Secretary NEW BUSINESS Approval of Meeting Minutes May 8, 2002 Motion by Mr Fredrickson seconded by Ms Shea -King to approve the meeting minutes of May 8 2002 as submitted Vote on the motion carried unanimously All persons giving testimony were swore in by Attorney McQuagge 2 Preliminary Plat Approval Baker's Field, Replat of Lots 23, 24 & 25, Ocean Gardens Subdivision - John Baker, Applicant Mr Reid advised that this was a Replat of three existing lots in the Ocean Gardens Subdivision He advised that staff had reviewed the preliminary plat and recommended approval Mr Nicholas noted that the vicinity map should be shown on the preliminary plat Mr Baker explained that a two -unit townhouse was currently under construction Motion by Ms Shea -King seconded by Mr Nicholas to approve the preliminary plat of Bakers Field Vote on the motion carried unanimously 3 Recommendation to the Board of Adiustment Re Special Exception Request No 02 -06 to Allow Rental Vehicles in the C -1 Zoning District, Section 26, Township 24 South, Range 37 East, Lots 26 & 27, Banana River Estates Subdivision - James Venable Jr, Petitioner Planning & Zoning Board Meeting Minutes May 22 2002 Page 2 Mr Reid explained that this request was tabled at the previous meeting for additional information He advised that the Tea Room had adequate parking for the number of restaurant seats and number of employees He advised that the other three rental car agencies throughout the city included Avis Budget and Thrifty He advised that Avis had 20 -25 vehicles parked daily Budget had an average of 25 cars per day and Thrifty had an average of thirty cars parked Mr Reid explained that Mr Venable had thirty -nine parking spaces available for a future tenant The Board members reviewed the submitted site plan depicting the existing number of parking spaces Mr Reid noted that vehicles could not be legally parked on the grass He pointed -out that one handicap space was required for up to 25 spaces He explained that an office building was required to have one parking space per 300 sq ft, the unoccupied half of this building was 2 000 sq ft and therefore a minimum of seven spaces was required for an office type use Mr Nicholas voiced his opinion that 27 parking spaces for 75 vehicles would be unrealistic Mr Michael Badders Manager of Hertz Rent -a -Car in Cocoa Beach advised that his fleet consisted of 73 vehicles 25 parking spaces are allocated to the fleet and an average of 78 5% are rented an average of 20 to 25 vehicles should only be parked at any one time He noted that his business was driven by the Port Hertz had overflow parking at the Melbourne airport and the spaces being provided by Mr Venable should be adequate Mr Venable property owner testified that the existing site plan was accurate Allen Engineering had designed the submitted parking plan many of Hertz vehicles were compact vehicles and could be parked in the horizontal parking spaces shown on the site plan He pointed -out that the property to the West was not proposed in this request Ms Janet West testified that her parents own the Tea Room She advised that parking should not be a problem and they looked forward to Hertz being there neighbors Discussion followed regarding number of parking spaces allocated for this proposed business and landscape buffering requirements between zoning districts Motion by Ms Shea -King seconded by Mr Fredrickson to recommend approval of Special Exception Request No 02 -06 to the Board of Adjustment with the following condition Special Exception must meet requirements for landscape buffering between zoning districts Vote on the motion carried unanimously as amended Planning & Zoning E d Meeting Minutes May 22 2002 Page 3 4 Recommendation to the Board of Adjustment Re Special Exception Request No 02 -07 to Allow Residential Use in the C -1 Zoning District, Parcel 255 0, Harbor Heights Subdivision - Holly R Myers, Designated Agent Mr Reid advised that this request was to allow residential use in the C -1 zoning district the lot sizes met the minimum requirements for residential He advised that the Harbor Heights subdivision was mainly single family residential and access would be from Coral Drive Ms Holly Myers designated agent advised that the property owner wanted to construct either single family or duplexes the property may be more marketable to construct duplexes a quadruplex was existing to the immediate south of this property the property to the immediate west fronting Al were two vacant commercial lots the property owner wanted to subdivide the property into three residential lots for duplexes or single family Mr Nicholas voiced his opinion that R -2 zoning was not compatible with the Harbor Heights single family subdivision Discussion followed regarding limiting the number of units as a condition of recommended approval Ms Myers advised that she had no problem with limiting the use to duplexes or single family The Board members reviewed the submitted site plan depicting three single family lots Ms Myers confirmed that the site plan was not a recorded plat and was entered as Exhibit A Brief discussion continued Motion by Ms Shea -King seconded by Mr Nicholas to recommend approval of Special Exception Request No 02 -07 with the following condition The use of the property be limited to one single family residence per lot as depicted in Exhibit A based on the fact that the Harbor Heights subdivision is predominately single family residential Vote on the motion carried unanimously 5 Reconsideration of Special Exception Request No 02 -03 to Allow Outside Storage of Aggregates, Parcel 8, Section 15, Township 24 South, Range 37 East - Randy May, Designated Agent for Civil Marine, Inc, Property Owners 6 Reconsideration of Special Exception Request No 02 -04 to Allow Outside Storage of Aggregates, a Portion of Parcels 2, 3 & 6, Section 15, Township 24 South, Range 37 East - Randy May, Designated Agent for Canaveral Bulk Terminal, Inc. Property Owners 7 Reconsideration of Special Exception Reauest No 02 -05 to Allow Outside Storage of Vehicles, Containers, Military Cargo and Stevedonng Gear, on a Portion of Parcel 3. Section 15, Township 24 South, Range 37 East - Randv Mav, Designated Agent for Ambassador Services. Inc. Prooertv Owners Planning & Zoning L d Meeting Minutes May 22 2002 Page 4 Mark McQuagge City Attorney explained to the Board members that the Board of Adjustments had concerns regarding the proposed conveyor system and because the Planning & Zoning Board was not provided information pertaining to the conveyor system the Board of Adjustment had referred the requests back to the Planning & Zoning Board for further review and recommendation Mr Nicholas clarified that the conveyor was not discussed with this Board Chairperson McNeely requested to see the property and see the existing operation and location because a site review would help to determine a recommendation City Attorney McQuagge responded that a special meeting would need to be scheduled in compliance with Roberts Rules of Order and the Florida Sunshine Law The Board members reviewed aerial photos and proposed schematic of the conveyor system Mr May advised that there was 1 400 ft from the ship to the property the conveyor was fully enclosed overhead of George King Blvd the noise level was less than 85 decimals Ms Lauren Kotas Canaveral Port Authority submitted Port Authority draft meeting minutes approving the conveyor and a copy of recorded easement for the conveyor attached to the Port lease She clarified that the conveyor was totally enclosed Mr May verified that a sprinkler system would be installed to prevent dust from blowing Fire Chief David Sargeant advised that the level of noise would be mandated by OSHA The Board members reviewed the conditions of recommended approval from the previous meeting for each special exception request Discussion followed Mr May advised that he would provide an itemized list of stevedoring equipment to be stored on the site of Special Exception Request No 02 -05 He agreed that the list could be entered as Exhibit B and agreed that only those items would be stored on site and placed as a condition of recommended approval Motion by Ms Shea -King seconded by Mr Fredrickson that after additional testimony and evidence presented by the petitioner to recommend approval of Special Exception Request No 02 -03 to the Board of Adjustment with the following conditions Aggregate shall be limited to granite lime rock and pumice 2 Aggregate piles shall not exceed 38 ft in height 3 There shall be a minimum of 5 ft high landscape berm around the perimeter of the property as illustrated on Exhibit A 4 A sprinkler system shall be installed to prevent dust Consideration The Board of Adjustment members may want to visit the Slag Cem site to view the similar operation Vote on the motion carried unanimously Planning & Zoning L d Meeting Minutes May 22 2002 Page 5 Motion by Ms Shea -King seconded by Mr Fredrickson that after additional testimony and evidence presented by the petitioner to recommend approval of Special Exception Request No 02 -04 to the Board of Adjustment with the following conditions Aggregate shall be limited to granite lime rock and pumice 2 Aggregate piles shall not exceed 38 ft in height 3 There shall be a minimum of 5 ft high landscape berm around the perimeter of the property as illustrated on Exhibit A 4 A sprinkler system shall be installed to prevent dust 5 Special Exception Request No 00 -06 shall terminate with approval of this special exception Consideration The Board of Adjustment members may want to visit the Slag Cem site to view the similar operation Vote on the motion carried unanimously Motion by Ms Shea -King seconded by Mr Fredrickson that after additional testimony and evidence presented by the petitioner to recommend approval of Special Exception Request No 02 -05 to the Board of Adjustment with the following conditions There shall be no hazardous materials hazardous waste or explosives 2 Stevedoring gear shall be limited to the items listed on Exhibit B 3 A minimum 5 ft high landscape berm shall be installed around the property perimeter as shown on Exhibit A Vote on the motion carried unanimously DISCUSSION Discussion Re Proposed Ordinance Eliminating 500 ft Length Requirement for Dead -End Streets Fire Chief David Sargeant advised that he would be working with the City Attorney to draft a proposed ordinance for consideration by the Board at the next meeting Planning & Zoning E d Meeting Minutes May 22 2002 Page 6 2 Discussion Re Section 110 -538, Encroachments Mr Jim Houston developer advised that he was proposing to construct a two unit townhouse The Community Appearance Board had approved his architectural rendering His construction plans have been in plan review for 12 weeks now and the permit has been denied due to the bay windows encroaching 2 ft into the required setback He respectively requested that the city code be amended to allow "bump- outs" to protrude in the required setbacks Mr Nicholas explained that the P & Z Board was a recommending Board to City Council and that any proposed changes to amend city code would need to be advertised and have two readings by City Council before it could be changed City Attorney Mark McQuagge advised that a Variance could not be granted He advised that the Board could make recommendation to City Council to allow bump -outs and he could have a proposed ordinance drafted for the Board's consideration at the next meeting Discussion followed By consensus of the Board members a proposed ordinance should be presented to the Board for recommendation to City Council at the next meeting and listed as item #1 New Business on that agenda There being no further business the meeting was adjourned at 10 15 P M Approved on this ►a"'' day of ZL ne 2002 Beatrice McNeely Chairperson Susan Chapman Chapman Board Secretary City of Cape Canaveral Planning & Zoning Board May 8 2002 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on May 8 2002 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairperson McNeely The Secretary called the roll MEMBERS PRESENT Beatrice McNeely Lamar Russell Leo Nicholas John Fredrickson MEMBERS ABSENT Andrea Shea -King OTHERS PRESENT Morris Reid Mark McQuagge Susan Chapman Tom Myers NEW BUSINESS Chairperson Vice Chairperson Building Official City Attorney Secretary Assistant City Planner Approval of Meeting Minutes February 13, 2002, February 27, 2002, March 27, 2002, April 10, 2002, and April 24, 2002 Motion by Mr Nicholas seconded by Mr Fredrickson to approve the meeting minutes of February 13 2002 February 27 2002 March 27 2002 April 10 2002 and April 24 2002 as submitted Vote on the motion carried unanimously 2 Recommendation to the Board of Adiustment Re Special Exception Request No 02 -06 to Allow Rental Vehicles in the C -1 Zoning district, Section 26, Township 24 South, Range 37 East, Lots 26 & 27, Banana River Estates Subdivision Mr Michael Badders Manager of the Cocoa Beach Hertz Rent -a -Car advised that Mr Venable was out of town He testified that most of his business was from the Port and he wanted to relocate his business closer to his customers His fleet consisted of 75 -80 vehicles which included vehicle sizes from compact cars to mini -vans the vehicles would not be serviced at this location operating hours would be 7 30 a m to 6 00 p m 7 days per week the vehicles would only be washed on site of the 51 total parking spaces 29 would be designated for this business of the 80 fleet vehicles an average of only 15 to 20 vehicles would be parked at any one time Discussion followed regarding the number of vehicles the number of available parking spaces and the amount of spaces available for the existing Tea Room Restaurant Planning & Zoning Board Meeting Minutes May 8 2002 Page 2 Tom Myers Assistant City Planner explained that the city code requires that the vehicles for this special exception be parked on pavement the minimum office space would be 300 sq ft , and the hours of operations for the existing business and this proposed business were not different enough to consider shared parking Following discussion the Board members agreed that additional information needed to be provided by the applicant They asked that the following information be provided how many spaces does the existing business need what is the average number of vehicles on the premises for this proposed business what is the number of parking spaces and average number of vehicles parked for the existing car rentals in the city (Thrifty Budget and Avis) a site plan showing the existing parking where the car wash will be located where the vehicles will be parked for this proposed business and the existing restaurant business and if the remaining property to the west will be utilized Motion by Mr Nicholas seconded by Mr Fredrickson to postpone Special Exception Request No 02 -06 until the next meeting Vote on the motion carried unanimously 3 Motion Re Site Plan for El Paso Energy (Coastal Fuels) Parking Lot - Rex Thompson, Agent Mr Reid Building Official, advised that city staff had reviewed the site plan and recommended approval He pointed out that the street name on the plan read George King Blvd and needed to be changed to N Atlantic Avenue Mr Steve Morgan, P E project engineer advised that the facility needed to be secured following 9 -11 He advised that the parking lot would allow patrons to access the building without entering the fuel terminals A rolling gate was located to the immediate east of the parking area to allow authorized vehicles to enter the facility Motion by Mr Russell seconded by Mr Fredrickson to approve the site plan Vote on the motion carried unanimously Planning & Zoning ► rd Meeting Minutes May 10 2002 Page 3 DISCUSSION Continued Discussion Re Efficiency Apartments Tom Myers Assistant City Planner explained that the current code allows efficiencies in R -2 and R -3 as multi - family units The minimum size for an efficiency unit is 450 sq ft By leaving the minimum requirement the city probably would not be accused by individuals or state agencies that the opportunity to construct affordable housing was being denied He advised that there is a provision in the Florida Administrative Code (9J -5) which provides barrier island communities the opportunity to partner with a host community through an inter -local agreement He noted that the City of Cocoa and Brevard County would both be appropriate candidates if necessary Increasing land values on the barrier islands was cited as a reason that the highest and best use would not be efficiency apartments and at the time this may be a non -issue He advised that both Brevard County and Cocoa Beach both allow a minimum unit size of 400 sq ft which in smaller than what Cape Canaveral allows Two simple options to efficiency units would be to increase the minimum unit size or place a maximum number of efficiency units per building To eliminate or raise the minimum unit size too much may increase the likelihood that a state agency or patron may claim citizens are denied affordable housing Discussion was held regarding increasing the minimum sq ft requirements limit the number of efficiency units in only one complex require each living unit to have at least one bedroom, eliminate the word "efficiency" Following discussion the Board members concluded leave the code as it is DISCUSSION 2 Continued Discussion Re Length of Non - Connected Streets Tom Myers Assistant City Planner advised that the City code currently has a 500 ft maximum street length without a loop or connecting street He explained that the purpose of this requirement is to provide emergency services in case one entrance is blocked or to provide residents another exit to evacuate a dangerous situation The requirement is found in Section 98- 114(0) and also includes a cul -de -sac ending with a minimum 80 ft in diameter turnaround Mr Myers explained that since the city was near build -out opportunities for interconnection roads are becoming limited Some of the remaining parcels are 2 000 ft deep but their width is too narrow for a loop road and interconnection to another street is physically or financially prohibitive Unfortunately the code is specific and does not provide for flexibility He added that Brevard County does not have a maximum road length and the City of Cocoa Beach has a maximum road length of 700 ft with either a cul -de -sac turnaround or a T- turnaround He explained that possible solutions could be to amend the code to allow longer road lengths include T- turnarounds or eliminate maximum road lengths altogether Following discussion the Board concluded to request that the City Attorney draft a proposed ordinance eliminating roadway length requirements Planning & Zoning Board Meeting Minutes May 8, 2002 Page 4 There being no further business the meeting was adjourned at 9 40 P M Approved on this i0 day of LL Susan Chapman, Board tecretary IF r City of Cape Canaveral Planning & Zoning Board Apn124 2002 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on April 24 2002 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairperson McNeely The Secretary called the roll MEMBERS PRESENT Beatrice McNeely Leo Nicholas John Fredrickson MEMBERS ABSENT Lamar Russell Andrea Shea -King OTHERS PRESENT Morris Reid Mark McQuagge Kim McIntire Chairperson Vice Chairperson Building Official City Attorney Recording Secretary Mark McQuagge City Attorney noted that Todd Peetz City Planner was in attendance and was prepared to present Discussion Item No 1 Due to the fact that only three Board members were present he asked Board members if they wished to table Discussion Items No 1 and 2 until all members were present or did they wish to have these items remain on the agenda Chairperson McNeely noted that Fire Chief Dave Sargeant was not in attendance therefore Item No 2 could be tabled Brief discussion followed Motion by Mr Nicholas seconded by Dr Fredrickson to table Discussion Item Nos 1 & 2 until the next meeting Vote on the motion carried unanimously NEW BUSINESS Recommendation to City Council Re Tyler Gardens - Final Plat Approval, Norm Boucher, Applicant Chairperson McNeely asked if there were any concerns from city staff regarding the final plat Mr Reid Building Official stated that approvals had been received from all departments the replatted lots met city zoning setbacks and parking requirements and three off - street parking spaces would be required per townhouse unit He advised that staff recommended approval Planning & Zoning L .d Meeting Minutes April 24, 2002 Page 2 Mr Boucher explained that his project consisted of four 25 ft lots that conformed to city requirements He noted that this project was named after his grandson He confirmed that the townhomes would be addressed on Rosalind Avenue the project was directly across from Cape View Elementary school and the construction was similar to his townhouse project on Jackson Avenue Motion by Dr Fredrickson seconded by Mr Nicholas to recommend the final plat for Tyler Gardens be approved by City Council Vote on the motion carried unanimously 2 Recommendation to City Council Re Notification Requirements for Rezoning Property Mr Reid, Building Official explained that when property is rezoned by the city notification is sent to every property owner within a 500' radius of that property and the rezoning is advertised in the newspaper However if a property owner wishes to rezone it is not a requirement that the applicant notice everyone within a 500 radius but it is both a City requirement and State Statute that an advertisement appear in the newspaper He explained the City Council had requested that this item be placed on the P & Z agenda as a result of a property owner who had not been notified by an applicant who had recently requested a rezoning Mr McQuagge City Attorney advised that the advertisement must appear in the newspaper a minimum of fifteen days prior to going to the P & Z Board to meet Florida Statute advertising requirements Mr Nicholas inquired if the notices would need to be mailed "certified" as proof of mailing Mr McQuagge responded that variances and special exceptions had stricter requirements than rezonings and notices were required to be certified Dr Fredrickson voiced his opinion that there needed to be consistency in the notification process The Board members reviewed the city attorney's memo of April 18 2002 a copy of which is attached and hereby made a part of these minutes Motion by Mr Nicholas seconded by Dr Fredrickson to recommend to City Council that additional notification requirements to the 500' adjoining property owners be implemented Vote on the motion carried unanimously There being no further business the meeting was adjourned at 8 10 P M Approved on this day of 2002 Beatrice McNeely Chairperso S I DKOT D-4111 I BOCLI 6 secre--}-CtrY MEMORANDUM TO BENNETT BOUCHER, CITY MANAGER CITY OF CAPE CANAVERAL FROM MARK MCQUAGGE, ATTORNEY DATE APRIL 8, 2002 RE SECTION 110 137 PROCEDURE Proposed draft Section 110 137 Procedure (a) Any amendment to this chapter may be proposed by (1) The City Council (2) The planning and zoning board (3) Any department or agency of the City (4) Any person or entities (b) All proposed amendments shall be submitted to the planning and zoning board (in its capacity as both the planning and zoning board an the local planning agency) for study and recommendation The planning and zoning board shall study such proposals to determine (1) The need and justification for change (2) The relationship of the proposed amendment to the purpose of the city's plan for development with appropriate consideration as to whether the proposed change will further the purposes of this chapter and the plan (c) The planning and zoning board shall submit the request for change or amendment to the city council with wntten reasons for its recommendation (d) 1 he procedure for the adoption of any ordinance amending this chapter shall be in conformance with the notice and meeting requirements as codified in section 166 041 Florida Statutes as amended, and provided further that the procedures for zoning classification changes and comprehensive plan amendments shall be in conformance with the requirements of chapters 163 and 166 Florida Statutes (e) Any proposal for a zoning amendment by any individual, corporation or agency pursuant to this section shall be by application, which shall contain the following information (1) The name of the owner of the particular real property (2) If the applicant is other than all the owners of the particular property, written consent signed by all owners of the particular real property shall be attached (3) The legal description fo the particular real property accompanied by a certified survey or that portion of the map maintained by the tax assessor reflecting the boundaries of the particular real property (4) The current land use zoning classification, or special exception, with any specified conditions as recorded on the official zoning map (5) The requested land use zoning classification or special exception classification that constitute an amendment to the official zoning map (6) Names and addresses of all property owners ('Affected Property Owners _ owning property which lies within a radius of five hundred (500) feet of a boundary of the survey or that portion of the map maintained by the tax assessor reflecting the boundaries of the parcels affected City of Cape Canaveral Planning & Zoning Board April 10 2002 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on April 10 2002 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairperson McNeely The Secretary called the roll MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice Chairperson Leo Nicholas John Fredrickson Andrea Shea -King OTHERS PRESENT Morris Reid Building Official Mark McQuagge City Attorney Susan Chapman Board Secretary NEW BUSINESS All persons giving testimony were sworn in by Attorney McQuagge Motion Re Recommendation to the Board of Adjustment Re Special Exception Request No 02 -02 to Allow Residential Use in the Commercial Zoning District - Richard Castillo, Petitioner Mr Reid Building Official advised that the proposed residential use was permissible by special exception He noted that the lots were existing non- conforming lots of record He explained that the setback and building coverage must comply with current code as if it were a conforming lot Discussion followed regarding minimum lot dimensions for townhouses Mr Richard Biery Property Owner testified that he had constructed identical duplexes in existing R -2 zoning on the same size lots within the past two years The Board members reviewed the submitted data packet Brief discussion followed Motion by Mr Russell seconded by Ms Shea -King to recommend approval of Special Exception Request No 02 -02 as presented Vote on the motion carried unanimously Planning & Zoning rd Meeting Minutes April 10 2002 Page 2 2 Recommendation to City Council Re Jefferson Villas - Final Plat Approval, Thomas H Quinn, Applicant Mr Reid Building Official advised that city staff had reviewed the final plat and recommended approval Brief discussion followed Motion by Mr Russell seconded by Mr Nicholas to recommend that City Council approve the Final Plat of Jefferson Villas Vote on the motion carried unanimously 3 Recommendation to City Council Re Adams Villas, Phase II - Final Plat Approval, Thomas H Quinn, Applicant Mr Reid Building Official advised that city staff had reviewed the final plat and recommended approval Mr Quinn noted that there was a 50 ft wide setback on the western lot along N Atlantic Avenue Motion by Ms Shea -King seconded by Mr Fredrickson to recommend that City Council approve the Final Plat of Adams Villas Phase 11 Vote on the motion carried unanimously 4 Recommendation to City Council Re Easement Agreement from Christ Lutheran Church of Cape Canaveral Mr Reid Building Official, advised that this easement agreement was needed to continue the city's beautification efforts along A1A City Attorney Mark McQuagge explained that a series of documents are reviewed by him and forwarded for execution by the property owner(s) Motion by Ms Shea -King seconded by Mr Russell to recommend that City Council approve the easement agreement Vote on the motion carried unanimously 5 Recommendation to the Board of Adiustment Re Special Exception Request No 02 -03 to Allow Outside Storage of Aggregates, Section 15, Township 24 South, Range 37 East, Located on a Portion of Parcel 2 - Randy May, Designated Agent Mr Reid Building Official depicted the properties from a color -coded map He advised that city staff had reviewed the special exception requests and recommended approval Mr Randy May advised that he was representative for the property owners Mr Nicholas questioned height restrictions of aggregate Mr Reid responded that the aggregate could not be stored any higher than 45 ft Mr May confirmed that the piles could not be higher than 35 ft due to the size of the property The Board reviewed Comprehensive Plan Sections LU 3 and LU 4 and verified that this proposed use would comply with said sections Planning & Zoning rd Meeting Minutes April 10 2002 Page 3 Mr Nicholas voiced his concern regarding types of outside storage and inquired if the Board would consider the applicant defining specifically what types of aggregates would be stored Discussion followed regarding restricting height limitations Mr May assured the Board that a sprinkler system would be installed to avoid the aggregate from blowing into the air He verified that only limerock granite and pumice would be stored there was not enough property for the piles to be 45 ft in height and he would agree to conditions regarding same Discussion followed Motion by Mr Russell seconded by Mr Nicholas to recommend approval of Special Exception Request No 02 -03 to the Board of Adjustments with the following conditions Aggregate shall be limited to granite limerock and pumice 2 Aggregate piles shall not exceed 38 ft in height Vote on the motion carried unanimously 6 Recommendation to the Board of Adjustment Re Special Exception Request No 02 -04 to Allow Outside Storage of Aggregates, Section 15 Township 24 South, Range 37 East, Located on Portions of Parcels 2 3 & 6 - Randy May, Designated Agent Chairperson McNeely gave an overview of Special Exception Request No 00 -06 previously approved for these properties She pointed out that the condition of that special exception was that it was granted to the current property owner and 1 st subsequent owner Mr Reid noted that the special exception was specifically approved for storage of rock sand and gravel Mr May designated agent for the property owner testified that this property would soon be changing hands the aggregate to be stored would be limited to only granite limerock and pumice the aggregate piles could not exceed 35 ft The Board members reviewed city code Section 110 -556 Landscaping and screening for commercial and industrial zoning districts and determined that there was no requirement for birming the perimeter around the property Mr May agreed to place a 5 ft high landscape berm around the perimeter of the property as illustrated on (Exhibit A) Discussion followed Planning & Zoning rd Meeting Minutes April 10, 2002 Page 4 Motion by Mr Russell seconded by Mr Nicholas to recommend approval of Special Exception Request No 02 -04 to the Board of Adjustments with the following conditions Aggregate shall be limited to granite limerock and pumice 2 Aggregate piles shall not exceed 38 ft in height 3 Special Exception Request No 00 -06 shall terminate with approval of this special exception 4 There shall be a minimum 5 ft high landscape berm around the perimeter of the property as illustrated on Exhibit A Vote on the motion carried unanimously 7 Recommendation to the Board of Adiustment Re Special Exception Request No 02 -05 to Allow Outside Storage of Vehicles, Containers, Military Cargo, and Miscellaneous Stevedoring Gear, Section 15, Township 24 South, Range 37 East, Located on a Portion of Parcel 3 - Randy May, Designated Agent Mr May testified that this special exception was needed to store vehicles, containers military cargo and stevedoring gear (i a chains) Brief discussion followed Motion by Mr Russell seconded by Mr Nicholas to recommend approval of Special Exception Request No 02 -05 to the Board of Adjustments with the following condition A minimum 5 ft high landscape berm be installed around the property perimeter as shown on Exhibit A Vote on the motion carried unanimously Chairperson called for a short recess at 9 27 p m The meeting reconvened at 934pm DISCUSSION Continued Discussion Re Efficiency Apartments Mr Russell inquired if data was available to assist the Board in determining if a change was necessary Discussion followed The Board concluded to ask Todd Peetz City Planner to be present at the next meeting to provide any obtainable information regarding how many efficiency units were located within the city and to advise the Board as to his opinion regarding this item Planning & ZoninA&rd Meeting Minutes Apn1 10 2002 Page 5 2 Continued Discussion Re Fire Code on Turn - Around Radius The Board members requested that the Fire Chief be present at the next meeting to speak to the Board regarding this item There being no further business the meeting was adjourned at 10 03 P M Approved on this day of YYl24Ag- 2002 L �WM, Susan L apman 8ecretary r-&Beatnc�eMcNeely Chairperson City of Cape Canaveral Planning & Zoning Board March 27 2002 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on March 27 2002 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairperson McNeely The Secretary called the roll MEMBERS PRESENT Beatrice McNeely Chairperson Leo Nicholas John Fredrickson Andrea Shea -King MEMBERS ABSENT Lamar Russell Vice Chairperson OTHERS PRESENT Morris Reid Building Official Mark McQuagge City Attorney Susan Chapman Board Secretary OLD BUSINESS Recommendation to the Board of Adjustment Re Special Exception Request No 02 -01 to Allow Residential Use in the C -1 Zoning District (113 & 115 Buchanan Avenue) - Martin Greene, Petitioner (tabled at previous meeting) Mr Reid Building Official explained that this request was tabled at the previous meeting because the Board needed additional information regarding the adjacent non - conforming lot and required parking spaces for each townhouse unit Mr Reid verified that a permit was issued to add a porous concrete parking space for each unit to meet the parking requirements Mr Reid added that the wood fence that had created the adjacent lot to be non - conforming was relocated to the property boundaries to make the lot conforming Mr Greene verified Mr Reid's testimony Mr Reid advised that city staff had reviewed the request and recommended approval Motion by Mr Nicholas seconded by Ms Shea -King to recommend approval of Special Exception Request No 02 -01 as presented Vote on the motion carried unanimously Planning & Zoning P- Ord Meeting Minutes March 27 2002 Page 2 NEW BUSINESS Motion Re Bakersfield Preliminary Replat, Lots 23, 24 & 25, Ocean Gardens, Wave Two - John Baker, Applicant Mr Reid Building Official advised that additional information was required to meet the requirements of the city code Motion by Ms Shea -King seconded by Mr Nicholas to table this agenda item until such time as the required information is provided and recommendation is made by city staff Vote on the motion carried unanimously 2 Motion Re Marbella Townhomes Preliminary Replat, East 1/2 of Lot 7 & All of Lot 8, Block 9, Avon by the Sea Subdivision - Louis Suarez, Applicant Mr Reid Building Official advised that additional information was required to meet the requirements of the city code Motion by Ms Shea -King seconded by Mr Nicholas to table this agenda item until such time as the required information is provided and recommendation is made by city staff Vote on the motion carried unanimously 3 Recommendation to City Council Re Easement Agreement - Section 26, Range 37, Township 24, Parcel 25 00, Douglas C Wilson, Property Owner Mr Reid Building Official explained that the city needed the easements agreements to continue beautification efforts along A1A Motion by Mr Nicholas seconded by Ms Shea -King to recommend that the easement agreement be approved by City Council Vote on the motion carried unanimously 4 Recommendation to City Council Re Easement Agreement - Section 26, Range 37, Township 24, Parcel 24 01, Douglas C Wilson, Property Owner Motion by Mr Nicholas seconded by Ms Shea -King to recommend that the easement agreement be approved by City Council Vote on the motion carried unanimously 5 Recommendation to City Council Re Easement Agreement - Section 26, Range 37, Township 24, Parcel 253 1, Jean Belle Jones Porter, Property Owner Motion by Mr Nicholas seconded by Ms Shea -King to recommend that the easement agreement be approved by City Council Vote on the motion carried unanimously Planning & Zoning Board Meeting Minutes March 27 2002 Page 3 6 Recommendation to City Council Re Easement Agreement - Section 26, Range 37, Township 24, Parcel 252 0, Jean Belle Jones Porter, Propert y Owner Motion by Mr Nicholas seconded by Ms Shea -King to recommend that the easement agreement be approved by City Council Vote on the motion carried unanimously 7 Recommendation to City Council Re Easement Agreement - Section 26, Range 37, Township 24, Parcel D, Randall O'Brien, Property Owner Motion by Mr Nicholas seconded by Ms Shea -King to recommend that the easement agreement be approved by City Council Vote on the motion carried unanimously DISCUSSION Discussion Re Quesi Judicial and Legislative Proceedings Mark McQuagge, City Attorney gave an overview of quest judicial and legislative proceedings He explained that a recent supreme court case ruled that a small scale comprehensive plan amendment is not a quest judicial process but is a legislative process Therefore there is no longer a need for sworn testimony that relates to the decision making process whether to grant or deny the request He advised that he would like to research the two court cases that had brought this issue to the supreme court He would provide the information to the Board at the next meeting He clarified that it was his opinion that quest judicial proceedings are more subject to litigation because the decision making process is based on sworn testimony and evidence presented Legislative decisions are not as litigious because they are not making decisions on such big issues for example the code enforcement board decisions are all quest judicial and there has been more litigation from there proceedings than from any other board Brief discussion followed 2 Discussion Re Efficiency Apartments Mr Reid Building Official explained the dimensions that the Florida Building Code allowed for minimum room sizes of apartments with bedrooms and apartments without bedrooms (efficiency units) Mr Nicholas inquired if the city wanted to upscale developments by increasing minimum square footage requirements of efficiency units Chairperson McNeely voiced her opinion that she likes the character of the city as a mixed community Motion by Mr Nicholas seconded by Ms Shea -King to agenda this item for further discussion at the next scheduled meeting when all the Board members are present Vote on the motion carried unanimously Planning & Zoning L ,d Meeting Minutes March 27 2002 Page 4 ADD -ON DISCUSSION ITEM Motion by Mr Nicholas seconded by Ms Shea -King to add a discussion item onto the agenda regarding dead end streets in access of 150 feet Vote on the motion carried unanimously Mr Dave Sargeant Fire Chief advised that Section 98 -114 (o) was obsolete because as of January 1st Chapter 633 Florida Statutes (F S ) and Florida Fire Code 2001 Edition was adopted statewide which requires dead -end streets longer than 150 ft requires a turnaround He noted that every building three stories or more are required to be fully sprinkled The Board members reviewed and held discussion regarding Section 98 -114 (o) Following discussion by consensus the Board asked that City Attorney and Fire Chief propose an amendment to Section 98- 114(0) to comply with Chapter 633 F S There being no further business the meeting was adjourned at 9 00 P M Approved on this day of 2002 eatrice McNeely hairperson l.� Susan L Chapman Secretary City of Cape Canaveral Planning & Zoning Board February 27 2002 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on February 27 2002 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairperson McNeely The Secretary called the roll MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice Chairperson Leo Nicholas John Fredrickson Andrea Shea -King OTHERS PRESENT Morris Reid Building Official Mark McQuagge City Attorney Susan Chapman Board Secretary NEW BUSINESS Motion Re Murphy Apartments Site Plan - James W Murphy, Applicant Mr Reid Building Official advised that city staff had reviewed the site plan and recommended approval Mr Murphy explained that the proposed wood frame with vinyl siding apartment building consisted of a total of five units which included one efficiency and four single car garages An ensuing discussion followed regarding finished floor elevation dimension of the units minimum parking spaces storm water retention and building height Motion by Mr Nicholas seconded by Mr Russell to approve the site plan of Murphy Apartments Motion carried unanimously 2 Motion Re El Paso Energy Parking Lot Site Plan - Craig Smith, Applicant Mr Reid Building Official explained that the parking lot was a result of the Coast Guard requiring that the perimeter of the property be fully secured with fencing as a result of 9 -11 The parking lot was located on the outside of the fenced area and fronted N Atlantic Avenue The Board members reviewed the site plan By consensus the Board members agreed to agenda this item until the applicant could be present Planning & Zoning Board Meeting Minutes February 27 2002 Page 2 3 Motion Re Jefferson Villas - Phase II, Preliminary Re -Plat - Thomas H Quinn, Applicant The Board members reviewed the submittal packet Mr Reid Building Official advised that city staff had reviewed the plat and recommended approval Mr Quinn noted that this property had a granted special exception for residential use and the portion of the property that was along N Atlantic Avenue would be heavily landscaped Motion by Mr Russell seconded by Ms Shea -King to approve the Preliminary Re -Plat of Jefferson Villas - Phase II as submitted Vote on the motion carried unanimously DISCUSSION Mr Nicholas requested that the Board have a discussion item on the next agenda regarding efficiency apartments There being no further business the meeting was adjourned at 8 20 P M Approved on this �'�°_" day of nae4c 2002 Beatrice McNeely Chairperson Susan L Cnapman Isecretary City of Cape Canaveral Planning & Zoning Board Local Planning Agency February 13 2002 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on February 13 2002 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairperson McNeely The Secretary called the roll MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice Chairperson Leo Nicholas John Fredrickson Andrea Shea -King OTHERS PRESENT Morris Reid Building Official Mark McQuagge City Attorney Susan Chapman Board Secretary NEW BUSINESS Approval of Meeting Minutes January 23, 2002 Motion by Mr Nicholas, seconded by Mr Fredrickson to approve the meeting minutes of January 23 2002 Vote on the motion carried unanimously All persons giving testimony were sworn in by Attorney McQuagge Motion by Ms Shea -King seconded by Mr Nicholas to change the order of the agenda for the Board to consider Agenda Item #3 at this time since the petitioner for Special Exception Request No 02 -01 was not present Motion carried unanimously 2 Recommendation to the Board of Adjustment Re Special Exception Request No 02 -01 to Allow Residential Use in the C -1 Zoning District (113 & 115 Buchanan Avenue) - Martin Greene, Applicant (Tabled at Previous Meeting for Additional Information from Applicant) At approximately 9 00 p m Ms Shea -King mad a motion to postpone this special exception request until the next scheduled meeting due to the fact that the applicant was not present at the meeting Motion was seconded by Mr Nicholas Vote on the motion carried unanimously Planning & Zoning Board Local Planning Agency Meeting Minutes February 13 2002 Page 2 3 Motion Re Revised Site Plan of Villages of Seaport (Shift of Buildings 37, 48, 49 & 62) - Placido Salamone, Applicant Building Official Morris Reid explained that staff had recommended approval of the revised site plan with the exception of the city planner who could not recommend the approval because the setback requirement did not meet the current code The Board members reviewed a hand -out of a site plan that was approved for this project in 1984 Mr Reid explained the distance that the buildings had been shifted He advised that there is a 20 ft minimum distance requirement between buildings The fire department verified that the revision would not effect emergency response time Mr Reid advised that sewer storm drains and a water main had been affected by this shift however the utilities were relocated to accommodate the change He further advised that no adverse impact on storm water drainage was created and the developer had installed additional fire hydrants Mr Reid continued that the only issue was the 5 ft setback from the roadway Following discussion the Board concluded that the modification to the originally approved site plan was a result of a construction oversight it was not a substantial change to the original site plan the change did not affect emergency response time and the utilities affected were relocated to accommodate the modification Mr Pat Salamone General Contractor verified that the revision was the result of a construction oversight utilities were relocated building #37 was complete and waiting to be issued certificates of occupancy and building #48 was under construction at this time Motion by Ms Shea -King seconded by Mr Nicholas to approve the revised site plan of Villages of Seaport as presented Vote on the motion carried unanimously Chairperson McNeely called for a five minute recess at 7 55 p m Planning & Zoning r' -,rd Local Planning AgL Meeting Minutes February 13 2002 Page 3 Chairperson McNeely called the Local Planning Agency meeting to Order at 8 00 pm LOCAL PLANNING AGENCY NEW BUSINESS Recommendation to City Council Re Comprehensive Plan Amendment CPA- 02 -01, Proposed Ordinance No 01 -02 Todd Peetz City Planner explained that the property was presently R -2 the applicant was requesting a small comprehensive plan amendment to rezone the property 4 6 acres from R -2 to M -1 and 5 37 acres from R -2 to C -2 the property would be rezoned C -2 towards N Atlantic Avenue and M -1 to the West the specific proposed use was not identified by the petitioner the request was consistent with the requirements of the comprehensive plan Mr Peetz clarified that the requested non - residential use may be more appropriate in the future because the property was so close to the industrial uses at the Port Mr Jack Kirschenbaum Petioner explained that the property would be accessed from George King Boulevard and this request was consistent with the city's comprehensive plan Mr Randy May explained that the long range plan for the property included a warehouse on the west end of the property storage of cattle field citrus pellets and a possible strip mall on the east end Ms Rochelle Lindale Planner for the applicant explained that the ongoing growth and development at the Port was giving a positive effect in the area and the proposed rezoning was consistent with the city's comprehensive plan and zoning code Mr Nicholas voiced his opinion that outside storage was not his idea of the kind of industry he preferred to see in this city and this type of proposed use would create heavy industrial traffic along A1A Mr Russell explained that the logic for creating M -1 zoning is dictated by criteria in the city's comprehensive plan and city code and he could not find any compelling reason not to grant the request He noted that the property would be more compatible to surrounding properties if rezoned as requested Motion by Ms Shea -King seconded by Mr Russell to recommend approval of Comprehensive Plan Amendment CPA -02 -01 Discussion followed Motion passed by a majority vote with members voting as follows Mr Fredrickson for Ms McNeely for Mr Nicholas against Mr Russell for and Ms Shea -King for Motion by Mr Russell seconded by Mr Nicholas to adjourn the Local Planning Agency at 8 55 p m Motion carried unanimously Planning & Zoning Board Local Planning Agency February 13, 2002 Page 4 Chairperson McNeely reconvened the Planning & Zoning Board meeting at 8 55 p in NEW BUSINESS - CONTINUED Recommendation to City Council Re Rezoning 4 601 acres of Certain Property from R -2 to M -1 and 5 375 acres of Certain Property from R -2 to C 2, Section 14, Township 24 South, Range 37 East, Parcel 251 Proposed Ordinance No 02 -02 Jack Kirschenbaum, Applicant Motion by Ms Shea King seconded by Mr Russell to recommend approval of Ordinance No 02 -02 to the City Council Motion carried by a majority vote with members voting as follows Mr Fredrickson, for, Ms McNeely, for, Mr Nicholas, against, Mr Russell, for, and Ms Shea -King, for DISCUSSION Todd Peetz, City Planner gave a presentation of his community analysis program which he explained was an interactive and interchangeable software program that would allow staff and citizens to access all city codes via the internet By consensus of the Board members, the Board recommended that the City purchase this product Mr Reid explained that Villages of Seaport submitted a plan for a 2nd entrance which was currently being reviewed by City staff Mr Reid inquired if the Board wanted to review the plan and approve it Due to the late hour, the Board agreed to discuss this question at the next meeting There being no further business the meeting was adjourned at 9 30 p in Approved on this 8"T day of 2002 Beatrice �McNeelyl'fdhairperson Susan L Chapman, Secretary City of Cape Canaveral Planning & Zoning Board January 23 2002 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on January 23 2002 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairperson McNeely The Secretary called the roll MEMBERS PRESENT Beatrice McNeely Chairperson Leo Nicholas John Fredrickson MEMBERS ABSENT Lamar Russell Vice Chairperson Andrea Shea -King OTHERS PRESENT Morris Reid Building Official Mark McQuagge City Attorney Susan Chapman Board Secretary NEW BUSINESS Approval of Meeting Minutes November 14, 2001 and January 9, 2002 Motion by Mr Nicholas seconded by Mr Fredrickson to approve the meeting minutes of November 14 2001 as written Vote on the motion carried unanimously Motion by Mr Nicholas seconded by Mr Fredrickson to approve the meeting minutes of January 9 2002 as written Vote on the motion carried unanimously 2 Recommendation to the Board of Adiustment Re Special Exception Request No 02 -01 to Allow Residential in the C -1 Zoning District (113 & 115 Buchanan Avenue) - Martin Greene, Applicant Morris Reid Building Official advised that City staff had reviewed the request for special exception Staff did have a concern regarding adequate parking to meet the requirements of the adopted townhouse regulations He explained that townhouses were required to have three parking spaces per unit In reviewing the as -built survey only two per unit were shown which did not meet code Mr Greene responded that he proposed a parking area to be deeded to each unit owner on an adjacent parcel of property Mr Nicholas pointed -out that the adjacent lot was non - conforming because of the way it was deeded An ensuing discussion followed The Board determined that a recommendation could not be made until additional information was provided by the applicant to resolve the problems with inadequate parking and the adjacent non - conforming lot Planning & Zoning rd Meeting Minutes January 23 2002 Page 2 Motion by Mr Nicholas seconded by Mr Fredrickson to postpone Request No 02 -01 until additional information is provided by the applicant Vote on the motion carried unanimously 3 Motion Re Site Plan Approval for Artesia Townhomes, (Corner of Pierce and Ridgewood Avenues) - John Allen, Allen Engineering, Proiect Engineer Morris Reid Building Official reported that staff reviewed the site plan and recommended approval He explained that this site plan was brought to the Board previously however the townhomes did not have approval by the Community Appearance Board and therefore the site plan could not be approved He advised that this project was now approved by the Community Appearance Board Mr John Allen Allen Engineering advised that Towne Realty was the owner and developer of the 2 -story townhomes He explained that the townhomes were actually condominiums but were architecturally designed to look like townhomes He added that each townhome would have a 2 -car garage and parking was more than adequate to meet code Brief discussion followed regarding a carwash area Mr Maath Bennett informed the Board that city water would be used and the water runoff would percolate Motion by Chairperson McNeely seconded by Mr Fredrickson to approve the site plan for Artesia Townhomes as presented Vote on the motion carried unanimously There being no further business, the meeting was adjourned at 8 18 P M Approved on this t 3 ' day of J CL-n Ug,4it 2002 Beatrice McNeely hairperson Susan L man Secretary City of Cape Canaveral Planning & Zoning Board January 9 2002 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral Florida was held on January 9 2002 at the City Hall Annex 111 Polk Avenue Cape Canaveral Florida The meeting was called to order at 7 30 P M by Chairperson McNeely The Secretary called the roll MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice Chairperson Leo Nicholas John Fredrickson Andrea Shea -King OTHERS PRESENT Morris Reid Building Official Mark McQuagge City Attorney Susan Chapman Board Secretary NEW BUSINESS Approval of Meeting Minutes December 12, 2001 Motion by Mr Russell seconded by Mr Nicholas to approve the meeting minutes of December 12 2001 as submitted Vote on the motion carried unanimously 2 Recommendation to City Council Re Adams Villas - Final Re -Plat of the East 25 ft of Lot 3 and All of Lot 4, Block 7, Avon by the Sea Subdivision, (111 & 113 Adams Avenue) - Thomas H Quinn, Property Owner Morris Reid Building Official reported that staff had reviewed the final plat and recommended approval Mr Quinn property owner advised that construction was approximately 90% complete Motion by Mr Nicholas seconded by Ms Shea -King recommended approval of the final re -plat to City Council Vote on the motion carried unanimously 3 Motion Re Cape Caribe- Revised Site Plan - Joyce Gumpher, Allen Engineering, Project Engineer Morris Reid Building Official reported that staff reviewed the revised site plan and recommended approval Mr John Allen Allen Engineering advised that the revisions included deletion of a covered parking and pool area The areas were changed to include uncovered parking and picnic area with a gazebo barbeques and play area to provide a more family oriented atmosphere He stated that the revisions were based on feedback from potential buyers and sales representatives Mr Reid clarified that the city code does not allow the Building Official the authority to administratively approve changes to the approved site plans Planning & Zoning and Meeting Minutes January 9 2002 Page 2 DISCUSSION Discussion Re Business Window Obstructions Mark McQuagge City Attorney advised that after researching the city code and Florida Statutes pertaining to business window obstructions the city code was enforceable as adopted and recommended that no revisions be made He suggested that code enforcement would create and follow established protocol with the assistance of law enforcement He explained that he would consider law enforcement officers testimony as expert testimony to the code enforcement board for determining violations of the sign code Mr Russell suggested that law enforcement make suggestions to the Board to assist them in determining whether or not the city code was stringent enough for enforcement of not only signs obstructing the line of site but also obstructions (i a soda machines displays and shelving) Mary Russell Code Enforcement Board Chairperson clarified that the problem was with all types of businesses with store front windows being obstructed She raised a concern regarding restaurants closing window blinds to keep out the sun Mr Nicholas questioned restaurants advertising their special offers written on the windows Mr Russell pointed -out that this was a safety concern for law enforcement patrons and employees An ensuing discussion continued Following discussion the Board concluded to add the words "or any other obstructions" to Section 94 -4 (11) The Board requested that the Building Official request that the City Attorney draft an ordinance with the proposed change for the Board's review for recommendation to City Council at the next meeting Mr Tom Downs Developer Villages of Seaport and Mr Pat Salamone Architect and General Contractor made a request to speak to the Board Chairperson McNeely granted them five minutes to speak Mr Downs explained that bldg 37 a five -unit building was moved the fire inspector wanted a road constructed which caused the confusion and utilities were relocated Mr Downs wanted the certificates of occupancy issued by the Building Official by next Wednesday he was requesting a variance to have the certificates issued Mr Pat Salamone general contractor explained that the City of Cocoa would not sign -off on the water line until final as -built drawings were submitted Mr Nicholas advised that the Board could not direct the Building Official to issue Certificates of Occupancy Mr Russell questioned if the Board would see anything from the developer this evening if the Board granted a discussion item City Attorney McQuagge responded that city staff was not prepared tonight Mr McQuagge explained various options to the Board members Chairperson McNeely questioned if the Board members had sufficient information to make a decision at this meeting Planning & Zoning o-9rd Meeting Minutes January 9 2002 Page 3 Motion by Mr Fredrickson seconded by Ms Shea -King to add a discussion item onto the agenda for consideration of Villages of Seaport to determine whether the modifications to the original approved site plan are significant or insignificant Discussion followed Mr Nicholas stated that this issue is not within the Board's purview to decide the issuance of certificates of occupancy Mr Reid advised that he could not issue a temporary certificate of occupancy if there is no fire protection the building was not built in accordance with the approved site plan the Board had required a revised site plan be submitted for approval by legal aspects he could not issue certificates of occupancies at this time Following discussion the Secretary called for a vote on the motion Members voted as follows Mr Fredrickson for Ms McNeely against Mr Nicholas against Mr Russell against Ms Shea -King for Motion failed by a 3 to 2 vote against the motion There being no further business the meeting was adjourned at 8 39 P M Approved on this R 311` day of ant cct r y 2002 Beatri ce McNeely Chairperson Susan L Chapman Secretary