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HomeMy WebLinkAbout1999 P & Z Meeting MinutesCITY OF CAPE CANAVERAL PLANNING & ZONING BOARD 111 POLK AVENUE JANUARY 13, 1999 7:30 P.M. A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on January 13, 1999 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 John Fredrickson Andrea Shea -King Alternate MEMBERS ABSENT Donald Bergen OTHERS PRESENT Rocky Randels Bennett Boucher Kohn Bennett Dennis Franklin Steve Bapp Susan Chapman NEW BUSINESS Mayor City Manager City Attorney Building Official P & Z Technician Secretary 1. Approval of Minutes: October 28, 1998 and November 11, 1998. Motion by Mr. Russell, seconded by Ms. McNeely to approve the meeting minutes of October 28, 1998 as submitted. Vote on the motion carried unanimously. i� Motion by Mr. Russell, seconded by Ms. Shea -King to approve the meeting minutes of November 11, 1998 as submitted. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes January 13, 1999 Page 2 2. Interview with Prospective Board Members and Recommendation to City Council for Appointments of 1 st and 2nd Alternates - Leo Nicholas, Beverly Walden and Paul Acson. Mr. Boucher, City Manager, advised the Board that Mr. Nicholas was out of town on family business and asked to be excused from tonight's meeting. Mr. Russell commented that the Board was familiar with Mr. Nicholas' knowledge of planning and zoning issues as he was a former member of the Board. Mayor Randels advised that Ms. Walden had phoned him after City Hall had closed prior to tonight's meeting and requested that her name be withdrawn for consideration at this time. Mr. Acson was present at the meeting. Mr. Acson was interviewed by the Board members and was asked for his opinion and vision regarding past, present and future growth. Mr. Acson stated that he was willing to commit his time to attend the meetings because he wanted to be part of the community by serving on this Board. Mr. Russell explained and outlined the Board's responsibility and function in serving the citizens of the community. After brief discussion, Mr. Russell made a motion to recommend the appointment of Mr. Nicholas as 1 st Alternate based on his past Board experience. Ms. McNeely seconded the motion. Vote on the motion carried unanimously. Ms. McNeely made a motion to recommend the appointment of Mr. Acson as 2nd Alternate. Ms. Shea -King seconded the motion. Vote on the motion carried unanimously. 3. Review and Recommendation to City Council Re: Proposed Ordinance to Amend Sections 110 -551, Location of Recreational Vehicles Camping Equipment, Boats and Boat Trailers and 110 -554 Parkinq and Storage of Certain Vehicles of the Cape Canaveral Code of Ordinances The Board members reviewed the proposed draft ordinance prepared by City Attorney Bennett based on the Board's previous recommendations. Mr. Bapp explained that their existed increasing problems with the parking of boats and tractor trailers in the residential zoning districts within the City. Brief discussion followed. Planning & Zoning Board Meeting Minutes January 13, 1999 Page 3 Motion by Mrs. Shea -King, seconded by Mr. Russell, to recommend approval of the proposed ordinance to City Council as presented. Vote on the motion carried unanimously. DISCUSSION: Discussion was held regarding the City's Official Zoning Map and Future Land Use Map. There being no further business, the meeting was adjourned at 8:37 P.M. Approved on this io day of F�(�tL4r�/ , 1999. 11 Beatrice McNeely, Chairperson h. Susan L. Chapman, Secretary i� CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD 111 POLK AVENUE FEBRUARY 10, 1999 7:30 P.M. A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on February 10, 1999 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 John Fredrickson Don Bergen Andrea Shea -King Leo Nicholas 1 st Alternate Paul Acson 2nd Alternate OTHERS PRESENT Kohn Bennett City Attorney Steve Bapp P & Z Technician Susan Chapman Secretary NEW BUSINESS Approval of Minutes: January 13, 1999. Motion by Mrs. Andrea Shea -King, seconded by Ms. McNeely to approve the meeting minutes of January 13, 1999 as submitted. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes February 10, 1999 Page 2 2. Fence Exemption Request No. 99 -01, Canaveral Towers Condominium Association, 7520 Ridgewood Avenue - Lesley Studholme Property Manager. Mr. Bapp reported that all required fees were paid and all property owners within 300 ft. of this property were notified of this request. Mr. Allen McCormick, Association Secretary, testified that Canaveral Towers was having problems with people jumping over the existing 4 ft. fence utilizing their pool, pool area and shower area creating safety concerns. He requested that the Board grant the fence exemption to increase the existing 4 ft. high fence to 6 ft. to help prevent unauthorized entry into the pool area. Discussion followed. Motion by Mr. Russell, seconded by Mrs. Shea -King to approve Fence Exemption Request No. 99 -01 to help prevent unauthorized entry and the possibility of a child getting hurt trying to climb over the existing 4 ft. fence. Vote on the motion carried unanimously. 2. Final Plat Approval - Madison Townhomes - Thomas Quinn Property Owner. Mr. Bapp reported that the required fees were paid, the city engineer and city staff had reviewed the plat and recommended approval of the final plat. The Board members reviewed the submitted plat. Brief discussion followed. Motion by Mr. Shea -King, seconded by Mr. Bergen to recommend approval of the Final Plat for Madison Townhomes. Vote on the motion carried unanimously. DISCUSSION: Discussion Re: 8901 N. Atlantic Avenue (Former Post Office Location) - Kelly Zarvas. Mr. Zarvas explained that it was very difficult to find an acceptable tenant to occupy the property because of limited restrictions of the property being located in the R -2 zoning district. He advised that the building was constructed in 1963 _for use as a post office which was considered a non - conforming use and a non - conforming structure. The Board members reviewed Section 110 -28 and 110- 195 (A) of the Cape Canaveral Code of Ordinances. Planning & Zoning Board Meeting Minutes February 10, 1999 Page 3 Mr. Zarvas further explained that the property was surrounded by R -2 to the North, South and West with M -1 immediately across the street on the East, making it impossible to rezone the property to C -1. Discussion followed. After discussion, the Board suggested that Mr. Zarvas contact contiguous property owners for interest of possibly rezoning their properties to C -1. There being no further business, the meeting was adjourned at 8:23 P.M. Approved on this _ day of 1� br unry , 1999. eatrice McNeely, Chairperson Susan L. Chapman,' Secretary CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD 111 POLK AVENUE FEBRUARY 24, 1999 7:30 P.M. A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on February 24, 1999 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 Donald Bergen Building Official John Fredrickson P & Z Techniciai Andrea Shea -King Secretary Leo Nicholas 1 st Alternate Paul Acson 2nd Alternate OTHERS PRESENT Bennett Boucher City Manager Kohn Bennett City Attorney Dennis Franklin Building Official Steve Bapp P & Z Techniciai Susan Chapman Secretary NEW BUSINESS Approval of Meeting Minutes: February 10 1999 Motion by Mr. Bergen, seconded by Mrs. Shea -King to approve the meeting minutes of February 10, 1999 as presented. Vote on the motion carried unanimously. 2. Site Plan Approval: Office Building for Mark Nelson Lot 14 Block 41 Avon by the Sea Subdivision - Walter Bowman Project Engineer. The Board members reviewed the submitted site plan, landscape plan and tree survey. Chairperson McNeely reviewed the staff reports and recommendation from the City engineer. She noted that the City engineer recommended approval of the site plan with a stipulation regarding the direction of stormwater retention. Planning & Zoning Board Meeting Minutes February 24, 1999 Page 2 Mr. Walter Bowman, project engineer, advised that this was a site plan to construct a commercial building for retail and office space located within the C -1 zoning district. He advised that stormwater would be retained on -site and that no structures would be located within the easements. Discussion followed regarding an existing 16 ft. easement between the buildings. Mr. Bowman noted that a roll - up door would be installed for the purpose of moving surplus. Brief discussion followed. Motion by Mr. Russell, seconded by Mrs. Shea -King to approve the site plan subject to "Detail D" not redirecting stormwater onto the northern property per the City engineer's request. Vote on the motion carried unanimously. DISCUSSION: Mr. Acson voiced a safety concern regarding the City not requiring engineering for flag poles. Mr. Franklin responded and suggested that flag poles be permanently affixed and that the requirement would be addressed during the updating of the City's sign code. Attorney Bennett added that the City should regulate allowable pole heights and flag size. Mr. Russell noted that the definition of hotel /motel should be amended to include the definition of a "kitchen facility ". Attorney Bennett advised that he was in the process of drafting other definitions which included: time - shares, adult assistance living facilities and multi - family. This item will be placed on a future Board agenda for further review and discussion. There being no further business, the meeting was adjourned at 8:15 P.M. Approved on this I LJ day of A e n I 1999. J Beatrice McNeely, hairperson � J Susan L. apman, Secretary CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD 111 POLK AVENUE MARCH 24, 1999 7:30 P.M. A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on March 24, 1999 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 John Fredrickson Donald Bergen Leo Nicholas 1 st Alternate AINLY11 1 .11OW"T 0. Lamar Russell Vice Chairperson Andrea Shea -King Paul Acson 2nd Alternate OTHERS PRESENT Carl Bohne Acting City Attorney Kohn Bennett City Attorney Dennis Franklin Building Official Steve Bapp P & Z Technician Susan Chapman Secretary NEW BUSINESS Site Plan Approval - Solana Shores - Phase I Parcels 12 & 13 Section 14, Township 24 South, Range 37 East - Joyce Gumpher, Project Engineer. The Board members reviewed the submittal packet. Discussion was held regarding: preservation of existing trees, access, traffic, and exterior lighting. Planning & Zoning Board Meeting Minutes March 24, 1999 Page 2 John Allen, project engineer, submitted a plot plan of Phase I. He explained that the 1 st Phase would consist of the infrastructure for the entire project including: water lines, re -use lines, sewer lines, and fire protection. Two condominium buildings consisting of 40 units in each building would be constructed in Phase I. This phase of construction would begin in June and take approximately twelve months to complete. He further explained that Shorewood Drive (a private road) would be the main access road to this development. He advised that the lift station was designed to City standards and the developer planned to dedicate it to the City. He advised that approximately 2,000 DBH of trees would be saved of 9,500 DBH identified with the remainder being mitigated. Discussion was held regarding traffic flow and existing traffic conditions on N. Atlantic Avenue. Patricia Tyce, project traffic consultant, advised that this project was within the Level of Service Standards adopted by the City. Attorney Gregory Popp, representing Coastal Fuels, advised that his clients were supportive of the development and voiced concerns regarding construction traffic on Eberwein Road (a private road). He explained that the road separated two of the tanks at Coastal and utilization of the roadway breached security of Coastal Fuels. He also noted that the developer was contacted by the Port Authority and advised that George King Blvd. could not be used for construction traffic. Attorney Carl Bohne, advised that Eberwein Road was a private road and this issue was considered a civil matter. John Allen responded that the City has requested that the roadway be open for emergency access until the project was completed. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to approve the site plan of Solana Shores - Phase I. Vote on the motion carried unanimously. 2. Special Exception Request No 99 -04 Banana River Park a Portion of Parcel 750, Section 15 Township 24 South Range 37 East Petitioner was Bennett Boucher City Manager. Mr. Bapp advised that this special exception request was for a public park in the R -3 zoning district. He noted that the use was permissible by special exception as per Section 110- 314(5) of the Cape Canaveral Code of Ordinances and the use of the park would have no adverse impact to adjacent properties. The Board members reviewed the submittal packet for this request. Brief discussion followed. Planning & Zoning Board Meeting Minutes March 24, 1999 Page 3 Motion by Mr. Bergen, seconded by Mr. Fredrickson to recommend approval of Special Exception Request No. 99 -04, as requested. Vote on the motion carried unanimously. 3. Special Exception Request No. 99 -05 Manatee Sanctuary Park a Portion of Parcel 750, Section 15, Township 24 South Range 37 East - Petitioner was Bennett Boucher, City Manager. Mr. Bapp advised that this special exception request was for a public park in the R -3 zoning district. He noted that the use was permissible by special exception as per Section 110- 314(5) of the Cape Canaveral Code of Ordinances and the use of the park would have no adverse impact to adjacent properties. The Board members reviewed the submittal packet for this request. Brief discussion followed. Motion by Mr. Bergen, seconded by M r Special Exception Request No. 99 -05, unanimously. . Fredrickson to recommend approval of as requested. Vote on the motion carried DISCUSSION Discussion Re: Incorporating the Functions of the Local Planning Agencv to the Planning and Zoning Board. This agenda item was tabled until the next meeting because not all Board members were present. OTHER DISCUSSION Mr. Bapp handed out information pertaining to walls. This item would be agended for discussion at a future meeting. There being no further business, the meeting was adjourned at 9:00 P.M. Approved on this t LVb day of A 1999. Beatrice McNeely, Chairperson Susan L. Chapman Secretary CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD 111 POLK AVENUE APRIL 14, 1999 7:30 P.M. A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on April 14, 1999 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 Donald Bergen John Fredrickson Andrea Shea -King Leo Nicholas 1 st Alternate Paul Acson I 2nd Alternate OTHERS PRESENT Kohn Bennett City Attorney Dennis Franklin Building Official Susan Chapman Secretary NEW BUSINESS 1. Approval of Meeting Minutes: February 24 1999 and March 24 1999. Motion by Mr. Russell, seconded by Mrs. Shea -King to approve the meeting minutes of February 24, 1999 as presented. Vote on the motion carried unanimously. Motion by Mr. Bergen, seconded by Mr. Fredrickson to approve the meeting minutes of March 24, 1999 as presented. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes April 14, 1999 Page 2 2. Review and Motion Re: Site Plan for Coastal Fuels Loading Rack Canopy, 8954 N. Atlantic Avenue - John C. Morris Associates Inc. Project Engineer. The Board members reviewed the application packet. Mr. Craig Smith, Representative for Coastal Fuels explained that the site plan was for the installation of two canopies over an existing loading rack area. Mr. Smith explained that the new canopies would replace two existing canopies, signage was not proposed, and there was an existing foam deluge system. Motion by Ms. Shea -King, seconded by Chairperson McNeely to approve the site plan as submitted. Vote on the motion carried unanimously. 3. Review and Recommendation Re: Special Exception Request No. 99 -03 to Allow Storage of Liquefied Petroleum Products at Cape Marine Services, 350 Imperial Boulevard - William A. Carter Petitioner. William Carter and Jim Bell, citizens; and Dennis Franklin, Building Official, were sworn -in by City Attorney Bennett. Mr. Bell testified that Cape Marine Services planned to extend service they provided to Port Canaveral. He further explained that the product to be stored in the proposed tanks would consist of 99% of water and 5% oil; and occasionally, #6 oil from the cruise ships. He explained that the water was haled away for off - site recycling. The Board members reviewed Section 110. 1, Fire District of the Cape Canaveral Code of Ordinances. The Board members reviewed staff reports from City staff and discussed comments from the Fire Marshall regarding the requirement for daily MSDS (material systems data sheets). Mr. Bell responded that there were no existing MSDS reports because the product emulsions were considered waste material. Mr. Russell advised that the Fire department needed to know what was being stored at all times per OSHA requirements and suggested that they maintain a list describing what products were being stored on the site. Motion by Mr. Russell, seconded by Ms. Shea -King to recommend approval of Special Exception Request No. 99 -03 to the Board of Adjustments. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes April 14, 1999 Page 3 4. Review and Recommendation Re: Variance Request No. 99 -08 to Increase the Number of Spaces by One Space at Cape Canaveral Trailer Village, 8515 N. Atlantic Avenue - Plutarco A. and Alice B. Scabarozi Property Owners. Alice Scabarozi, property owner was sworn -in by City Attorney Bennett. Mrs. Scabarozi testified that she owned Cape Canaveral Trailer Village. In 1961, the City wanted to extend Port Road. The City had asked her to donate 80 ft. X 200 ft. of her property. In 1966, the property was deeded to the City. She noted that the City had promised to construct the road within two years. In 1978, the property owner requested the property back from the City because the road was never constructed. She noted that the only entrance to the property was through the trailer park. She advised that if the road had been constructed, it would have provided a north /south road from George King to Banana River Boulevards. She further advised that since the City could not take possession of all the properties needed to construct the road, they City dissolved the project. Mrs. Scabarozi further testified that she wished to add one additional space to install a double - wide trailer for her husband and herself to live in. The Board members reviewed Section 110 -192 of the Cape Canaveral Code of Ordinances and Mr. Russell explained that intent of the code section. Discussion followed regarding the circumstances of the hardship. Motion by Mr. Fredrickson, seconded by Mr. Russell to recommend approval of Variance Request No. 99 -08 to the Board of Adjustments, including the following Finding of Facts: Special Conditions: • Applicant donated the property to the City in 1966. • City did not construct the proposed road. • Applicant received the property back in 1978. • Section 110 -192 established mobile home park conditions effective October 28, 1975. • Applicant did not have a chance to use her property the same as others because the City had control of said property. Planning & Zoning Board Meeting Minutes April 14, 1999 Page 4 Literal Interpretation: • Applicant did not have a chance to use her property the same as others because the City had control of said property. Special Conditions and Circumstances: The special conditions and circumstances did not result from actions of the applicant. The City had control of property at the deadline (October 28, 1975). Applicant acted in good faith; donated property; and City failed to construct a road. The City gave the property back to the applicant after the deadline imposed by the City. Granting the Variance Does Not Confer any Special Privilege .. that Others ... : • Granting this Variance gives relief to the applicant to use here property as others were allowed. • Applicant could have built the mobile home before October 28, 1975 if she had had possession of her property. • Does not conflict with surrounding existing uses. • Adds only one additional space. • This is a unique circumstance because of actions by the City. Vote on the motion carried unanimously. 5. Review and Motion Re: Fence Exemption Request No. 99 -09 to Allow 6 Ft. High Fence within 25 Ft. of the Road Right- of -Way, 619 Monroe Avenue - Elana Whitehead Petitioner. Mrs. Whitehead advised when they purchased the property last August there were very tall hedges that had to be cut down to 4 Ft. per City code. They had intended to thicken the hedges for added family security and safety purposes which she advised was needed due to the frequency of vagrants, pedestrian traffic, trash and criminals. Mrs. Whitehead submitted police reports of crime within 200 ft. of her property. She also complained that one of her neighbor's cats was using her back yard as a litter box making her yard unsanitary. Planning & Zoning Board Meeting Minutes April 14, 1999 Page 5 She explained that they were requesting a fence exemption to allow them to install a 6 ft. high fence along the west and south side of their property for the above stated reasons. Marion Thompson, property owner at 615 Monroe Avenue, complained of the Whitehead's existing hedges. She voiced her opinion that it would not be fair to her if the Board approved the fence because she could only have a 4 ft. fence and had to abide by the city's codes. Brief discussion followed. Motion by Mrs. Shea -King, seconded by Mr. Russell to approve the fence exemption request for reasons of multiple definable hazards existing. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 9:23 P.M. Approved on this iz +h day of (Yla4l::. , 1999. Beatrice McNeely, Chairperson Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD 111 POLK AVENUE MAY 12, 1999 7:30 P.M. A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on May 12, 1999 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 John Fredrickson Andrea Shea -King Leo Nicholas 1 st Alternate MEMBERS ABSENT Donald Bergen Paul Acson 2nd Alternate OTHERS PRESENT Kohn Bennett City Attorney Dennis Franklin Building Official Susan Chapman Secretary NEW BUSINESS Approval of Meeting Minutes: April 14, 1999. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to approve the meeting minutes of April 14, 1999 as submitted. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes May 12, 1999 Page 2 e Board members to consider changing the order Chairperson McNeely asked th e the order of the of the agenda items. The Board members agreed to Chang agenda. oor-nmmendation to Cit Council Re: Desi natin the A --rnry 2. U011bluc1 u11— - Plannin & Zonin Board as t e ° bine the P & Z Board and The Board members reviewed lained that the City was bdraft ad ° Mr. Russell exp el simplify the Local Planning Agency as on h Chapter 163, Florida Statute (F.SW to combine the two boards into one board to admin►stra iv ' Ilo trying Dance Chapter 163, F.S. Discussion o functions of both boards in comp d to write the "intent" of the The Board reviewed the City Charter y ageeap next meeting. Following discussion the C y the Board at the proposed change for further consideration by city Council Re' Establish 3, Procedures for Pro osed Amen m ce. Mr. Russell explained prod ordinan with the city's The Board members reviewed the p P for consistency that this proposed ordinance was necessary Bennett p ro osed amendments to Chapter Pointed out that all p p o the P & Z in its capacity as both the Bo rd m charter. Attorney embers 110 shall be submitted t for study and recommendation. The the Local Planning Agency of who may propose amendments. After dAtto ney Bennett reviewed th list (a) d "any person o_r_Y recommended change to Board agreed change (a ) ( 4 ) to rea proposed ordinance for further agreed to m ake the consideration by the Board at the next meeting. _ j=gtablishing_ 4 Reconsideration 6c I I1 1 -- C-2 Commercial /Manufacturin Zonin District. the P & Z ed that Chairperson McNeely exp lained that the City Council request city Council had - review the proposed ordinance. She explained the that ty for mini - storage Board re t and numerous changed a few of the items. These a ppr ove d special exception arks. warehouses being allowed only Y arding outdoor amusement p renumbering. Brief discussion followed reg Planning & Zoning Board Meeting Minutes May 12, 1999 Page 3 Discussion was held regarding the old post office property. It was noted that the property was zoned R -3 and the owner was considering trying to change the zoning to C -1. City Attorney Bennett gave a brief history regarding the city giving a relaxation of the non - conforming section of the city code allowing the Board of Adjustment to change a non - conforming use to another non - conforming use as long as the use was equally or less intense. This ordinance effected the old post office property, Elnino Club and the old American Boom & Barrier. The Board members reviewed Section 110 -195 (8). Attorney Bennett read the code section which stated that the property owner needed to request this use change within (6) months from the date the non - conforming use was discontinued or abandoned or (18) months during a (3) year period. Mayor Randels advised that this ordinance was enacted by City Council prior to the old post office closing. Brief discussion followed. Motion by Ms. Shea -King, seconded by Mr. Russell to recommend approval to establish a C -2 commercial /manufacturing zoning district. Vote on the motion carried unanimously. DISCUSSION: Discussion Re: Walls: Mr. Franklin indicated that it had become extremely confusing in attempting to calculate 50% of the top 2 ft. of a 6 ft. wall needing to be pervious to air and light. He questioned if the calculations included the length of the wall and if so if someone had a 20 ft. wall they could remove 1/2 of it. He asked for clarification in interpreting the intent of the code. He stated that he had been asked by several different contractors regarding the interpretation of the code. The Board reviewed photographs of existing walls within the city. Mr. Nicholas advised that the code did not refer to horizontal calculations when determining fence height. Discussion followed regarding the definition of measuring height, 6 ft. concrete perimeter /boundary walls around subdivisions, 6 ft. stockade fences, future requests for new walls and fences being approved by the Community Appearance Board, incorporating pictures in the city code of walls that are acceptable and ones that are not (Collier County), eliminating the requirement regarding 50% of the top 2 ft. of a 6 ft. wall being open to air and light. Vice Chairperson Russell requested that the Building Official bring in pictures of desirable walls for the next Board meeting. Ms. Shea -King suggested that the ordinance be changed to require 50% of the wall surface be open to air and light. Planning & Zoning Board Meeting Minutes May 12, 1999 Page 4 Mr. Franklin agreed that the requirement regarding 50% be eliminated. He disagreed with adding pictures to the ordinance because the city would be limited to only six or seven types of walls. Chairperson McNeely disagreed because the 50% requirement added to the architectural interest of a wall. Ms. Shea -King agreed with Ms. McNeely and further suggested that if a wall is facing public view then shrubbery must be planted as a requirement to enhance the wall. Brief discussion continued. The Board concluded to request that the Building Official submit pictures of acceptable walls to incorporate into the code. There being no further business, the meeting was adjourned at 9:10 P.M. Approved on this t. day of .�4 v 1 U 1999. Beatrice McNeely, Chairperson Susan L. Chapman, ecretary CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD 111 POLK AVENUE MAY 26, 1999 7:30 P.M. A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on May 26, 1999 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 John Fredrickson Donald Bergen Leo Nicholas 1 st Alternate MEMBERS ABSENT Andrea Shea -King OTHERS PRESENT Bennett Boucher City Manager Kohn Bennett City Attorney Dennis Franklin Building Official Susan Chapman Secretary OLD BUSINESS Consideration & Recommendation to City Council Re: Proposed Ordinance Establishing Procedure Amendments to Chapter 110 The Board members reviewed the resubmitted draft with the proposed amendments suggested at the previous meeting. Brief discussion followed. Motion by Mr. Russell, seconded by Mr. Fredrickson to recommend approval to City Council as presented. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes May 26, 1999 Page 2 2. Consideration & Recommendation to City Council Re: Desiqnatinq the Planning & Zoning Board as the Local Planning Agency. The Board members reviewed a corrected draft of the proposed ordinance which included the intent of the ordinance as discussed at the previous meeting. Motion by Mr. Russell, seconded by Mr. Bergen to recommend approval to City Council as presented. Vote on the motion carried unanimously. NEW BUSINESS 1. Consideration & Motion Re: Fence Exemption Request No. 99 -10 to Allow a 6 ft. High Fence at 8018 Magnolia Avenue - Nancie Risola Applicant. Mr. Russell voiced the concern of the Building Official regarding the City's fences, walls and hedges ordinance. Mr. Russell recommended tabling this request and all future requests for fence exemptions until the Building Official's concerns were addressed. Mr. Nicholas voiced his concern that some of the reasons for granting fence exemptions go away when the property owners vacate the properties and, therefore, the definable hazards leave and the fences remain. Chairperson McNeely announced that due to the lack of notification to property owners within 300 ft. of this request, that this item needed to be postponed until the next scheduled meeting. Motion by Mr. Nicholas, seconded by Ms. McNeely to postpone Fence Exemption Request No. 99 -10 until the next scheduled meeting. Vote on the motion carried unanimously. 2. Consideration & Recommendation to City Council Re: Proposed Ordinance Repealing Amortization of Non - Conforming Uses City Attorney Bennett explained that this was a proposed ordinance regarding amortization of non - conforming adult entertainment establishments. He briefly explained that this ordinance would assist the City in litigation at public hearings. The Board members reviewed Section 110 -352 of the City code. Brief discussion followed. Planning & Zoning Board Meeting Minutes May 26, 1999 Page 3 Motion by Mr. Russell, seconded by Mr. Bergen to recommend approval of the proposed ordinance as presented. Vote on the motion carried by majority vote as follows: Mr. Bergen, for; Mr. Fredrickson, for; Ms. McNeely, for; Mr. Nicholas, against; and Mr. Russell, for. 3. Consideration & Recommendation to City Council Re: Proposed Ordinance Amending Section 110 -470, Fences Walls & Hedges. Building Official Franklin explained that he was tasked to add pictures to the ordinance. He determined that the board and staff would wait for guidance from Collier County because they were negotiating a contract with the City Council at this time. The Board members discussed the proposed ordinance and requested that City staff look for examples of walls and fences that were acceptable and not acceptable throughout the County and take photographs to present at the next meeting to add to the proposed ordinance. Mr. Franklin advised that he wanted to move forward with his initial request to delete the sub - section of the code that created confusion (110 -470, (3)(e)) and agreed that he would present photos at the next meeting for the Board's further consideration. Motion by Mr. Russell, seconded by Mr. Bergen to recommend approval to the proposed ordinance to City Council. Vote on the motion carried by majority as follows: Mr. Bergen, for; Mr. Fredrickson, for; Ms. for; Mr. Nicholas, against; Mr. Russell, for. DISCUSSION: City Manager Boucher briefed the Board regarding a proposed water park to be located behind Jungle Village Family Fun Center on 34 acres along Astronaut Blvd. He explained that 17 acres of the proposed park would be for parking. Discussion followed regarding what the city envisioned what impact this project would have on its citizens. After an ensuing discussion, the Board members requested that the City Attorney draft an ordinance requiring private amusement parks to be enclosed. Attorney Bennett advised that he would prepare a draft ordinance for consideration at the next meeting. City Manager Boucher mentioned that the proposed plan for Jetty Park to become a hotel would not affect the property located within the city limits. Planning & Zoning Board Meeting Minutes May 26, 1999 Page 4 There being no further business, the meeting was adjourned at 9:07 P.M. Approved on this _� day of �t �� , 1999. --� BMcNeely, Chairperson Susan L. Chapman, 8ecretary CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD 111 POLK AVENUE JUNE 9, 1999 7:30 P.M. A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on June 9, 1999 at the City Hall Annex, 111 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 John Fredrickson Donald Bergen Andrea Shea -King Leo Nicholas 1 st Alternate OTHERS PRESENT Carl Bohne Acting City Attorney Kohn Bennett City Attorney Dennis Franklin Building Official Susan Chapman Secretary NEW BUSINESS Approval of Meeting Minutes: May 12 1999. Mr. Franklin questioned the wording of a sentence under one of the discussion items and requested that the board postpone this agenda item until after he had an opportunity to listen to the recording of the meeting. Motion by Ms. Shea -King, seconded by Mr. Russell to postpone this item until the next meeting as requested by the Building Official. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes June 9, 1999 Page 2 2. Consideration & Motion Re: Fence Exemption Request No. 99 -10 to Allow a 6 ft. High Fence at 8018 Magnolia Avenue - Nancie Risola, Applicant. Ms. Risola, applicant, explained that she installed the fence not knowing that a fence exemption or permit were required. She advised that she was a single woman and worked a lot of long hours. She explained that she lived in an undesirable neighborhood and there existed a lot of pedestrian hazards across the street. She needed the 6 ft. high privacy fence for security, privacy, and protecting personal belongings. The Board members reviewed photographs of the fence. Discussion followed regarding the possibility of the fence obstructing visibility at the intersection which later was determined that it did not obstruct visibility; proven reduction of an ascertainable and definable hazard; and removal of the fence when the property was vacated by the petitioner. The Board members requested that city staff prioritize recommendation to change the city code regarding fences, walls & hedges. Motion by Ms. Shea -King, seconded by Mr. Russell to approve Fence Exemption Request No. 99 -10 and the Board requests city staff to prioritize changing the city code as previously discussed. Discussion followed. Ms. Shea -King amended her motion to add that the request be granted with the contingency that the fence be removed when the petitioner vacates the property. The amendment was seconded by Mr. Bergen. Vote on the amendment carried by a majority vote as follows: Mr. Bergen, for; Mr. Fredrickson, for; Ms. Shea -King, for; Ms. McNeely, against; Mr. Russell, for. Vote on the main motion carried by a majority vote as follows: Mr. Bergen, for; Mr. Fredrickson, for; Ms. Shea -King, for; Ms. McNeely, against; Mr. Russell, against. 3. Review & Motion Re: Site Plan Approval for Budget Rent -a -Car - Petitioner is Joseph Mayer, Project Engineer. Chairperson McNeely reviewed the contents of the submittal packet and site plan. Mr. Scott Nickle, Bussen Mayer Engineering Group, depicted the site location and advised that all city staff comments had been satisfactorily addressed. He advised that the project was approved by St. Johns River Water Management District and were waiting for approvals from the Department of Environmental Protection and the Department of Transportation. The Board members commended the project engineer for his efforts to beautify the property as shown on the submitted landscaping plan. Brief discussion followed. Planning & Zoning Board Meeting Minutes June 9, 1999 Page 3 Motion by Mr. Russell, seconded by Ms. Shea -King to approve the Site Plan for Budget Rents -a -Car as presented. Vote on the motion carried unanimously. DISCUSSION 1. Discussion Re: C -2 /Rezoning. Attorney Bennett advised that the proposed water park was moved outside the city limits. The Board reviewed a draft ordinance prepared by Attorney Bennett. The Board members discussed their future vision of the city's northern corridor. After an ensuing discussion, the Board members agreed that commercial recreation should be permissible only by an approved special exception. Attorney Bennett advised that he would research other municipalities for this type of use and report back to the Board. There being no further business, the meeting was adjourned at 8:57 P.M. Approved on this t day of 3y u , 1999. o -- f Beatrice McNeely, Chairperson Susan L. Chapman, tecretary CITY OF CAPE PLANNING ZONING BOARD 111 POLK AVENUE JULY 14, 1999 7:30 P.M. of the Planning & Zoning Board of the City of Cape A Regular meeting 14, 1999 at the City Hall Annex, 1 111 Polk Canaveral, Florida, was , held da. The meeting was called to order at 7:30 P.M. Avenue, Cape Canaveral, called the roll. by Chairperson McNeely. The Secretary MEMBERS PRESENT Beatrice McNeely Chairperson Vice Chairperson Lan - ,ar Russell John Fredrickson Donald Bergen Andrea Shea -King 1 st Alternate Leo Nicholas OTHERS PRESENT Rocky Randels Ma City Manager Bennett Boucher Building Official Dennis Franklin Secretary Susan Chapman NEW BUSINESS: 1 q rovaI of Meetin Minutes: Motion by Mr. Nicholas, seconded by Mr. Fredrickson to approve the meeting 1 gg9 as submitted. Vote on the motion carried unanimously. minutes of May 12, rove the Chair person McNeely to app Motion by Mr. Nicholas, seconded by p f May 26, 19 itted. Vote on the motion Carrie meeting minutes o Y 99 as subm unanimously. Mr. Russell to approve the meeting Motion by Mr. Fredrickson, seconded by resent at minutes of June 9 1999 with the-correction that ous icholas was not p that meeting. Vote on the motion carried unanim Planning & Zoning Board Meeting Minutes July 14, 1999 Page 2 2. Prelimina Plat Approval: Solana Lakes Townhomes & Condominiums - John Allen, Allen Engineering Projec Engineer. The Board members reviewed the submitted staff reports. Mr. Fredrickson questioned three comments made by the public works director regarding easements shown on the plat. Mr. Allen, project engineer, responded that the utility easements were mostly private. He explained that all the easements would be granted to the individual utilities. to the City e d Mr a N Nicholas water pointed to the City of Cape Canaveral and water lines Y of Cocoa pointed out that the property owner was responsible for maintaining the easements until they were granted to others. Mr. Allen advised that (1) lift station would be constructed to serve the entire project. The lift station would be built to city specifications. Provisions would be made for re -ease water. Mr. Allen clarified that all utilities would be located underground including the utilities located on Shorewood Drive. He advised that Shorewood Drive was recently purchased by Towne Realty. Shorewood Drive was built to city specifications. The utilities on that road would be moved the underground house would be current city code. Mr. Allen further advised that demolished just prior to the start of construction. Motion by Mr. Russell, seconded by Mrs. Shea -King to motion carried plat for Solana Lakes Townhomes & Condominiums. Vote on the unanimously. 3. Site Plan Approval: Solana Lakes Townhomes & Condominiums - John Allen Engineering Project Engin The Board members reviewed the submitted site plan and comments from city staff. Discussion was held regarding the proposed landscaping plan and tree mitigation. Mr. Randy Stevenson, landscape architect, advised that natural areas would be preserved as much as possible. He added that the city's public works department would be utilizing some of the trees. Planning & Zoning Board Meeting Minutes July 14, 1999 Page 3 Residence of Shorewood Condominiums voiced concerns regarding stormwater retention, problems with allocated parking for recreational vehicles at Shorewood, and the utilization of Shorewood Drive for construction traffic. Mr. Allen responded that the developer would install stormwater drainage systems during the 1 st phases of construction. All stormwater would be retained on -site by utilizing storm drains into the two proposed lakes. Eberwein Road would be utilized for all construction traffic and the road would be eliminated when the project was completed. Recreational parking would comply with city code even though the by -law documents did not allow for parking of recreational vehicles. A left turning lane was proposed for Shorewood Drive in conjunction with Villages of Seaport. Discussion followed regarding traffic flow onto George King Blvd. Mr. Borris, V.P., Towne Realty advised that his firm paid Port Canaveral $742,000 to connect Shorewood Drive to George King Boulevard. He further advised that Port Canaveral also agreed that if George King Boulevard is not refurbished then Shorewood Drive would connect to the existing road. Brief discussion continued. Motion by Mr. Fredrickson, seconded by Mr. Russell to approve the site plan for Solana Lakes Townhomes & Condominiums. Vote on the motion carried unanimously. Mr. Borris discussed Towne Realty's overall proposed future projects. He advised that Towne Realty owned (5) acres zoned C -1 and was proposing time- share. They would be requesting that the R -3 zoned property be rezoned to C -1 and comply with (15) units per acre. Total build -out of the future project would be (3) buildings consisting of (64) time -share units in each. Brief discussion was held regarding the section of the city code which prohibited rentals of less than (7) days. DISCUSSION: 1. Discussion Re: Fences & Walls - Dennis Franklin, Building Official. The Board members reviewed photographs of different fences and walls provided by Mr. Franklin. Chairperson McNeely commented that the Board also needed words to go along with the pictures to incorporate into the ordinance. The Board members reviewed definitions of fences and walls and determined that the definitions should be clarified. Planning & Zoning Board Meeting Minutes July 14, 1999 Page 4 The Board requested city staff to provide definitions and ordinances from Naples, Vierra and West Palm Beach for the next meeting. 4 Mr. Russell voiced the opinion that commercial recreational facilities should only be approved by special exception along the city's main corridor. This item will be scheduled for further discussion at the next meeting. There being no further business, the meeting was adjourned at 10:08 P.M. Approved on this ag+h day of ' 1999. i Beatrice McNeely, Chairperson i Susan L. Chapman, Secretary City of Cape Canaveral Planning & Zoning Board 111 Polk Avenue August 11, 1999 7:30 P.M. Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on August 11, 1999 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 John Fredrickson Donald Bergen Andrea Shea -King Leo Nicholas l Alternate OTHERS PRESENT Dennis Franklin Building Official Kohn Bennett City Attorney Susan Chapman Secretary NEW BUSINESS Approval of Meeting Minutes: July 28, 1999. Motion by Ms. Shea -King, seconded by Mr. Fredrickson to approve the meeting minutes of July 28, 1999. Motion carried unanimously. OLD BUSINESS Fence Exemption Request No. 99 -11 to Allow a 6 ft. High Fence at (8201 Canaveral Boulevard) — Ronnie Pizatella, Property Owner. The Board members reviewed the submittal packet. Chairperson McNeely advised that the previous information was not clear. The Board had asked for clarification and additional information pertaining to the location of the proposed fence. Planning & Zoning Board Meeting Minutes August 11, 1999 Page 2 Mr. Franklin responded that the Building department had measured the placement of the proposed fence and had discussed modifications to the plans to meet the visibility at intersection requirements of the city code. Mr. Pizatella was in agreement with relocating the proposed fence further away from the property line to prevent any concerns. Mr. Pizatella submitted photographs of his home and property. The Board members ZD reviewed the photographs. Brief discussion followed regarding: placement of property line markers, curbing, maintenance of city right -of -way, availability of existing re- claimed water lines, and visibility triangle at the intersection. Chairperson McNeely read City Ordinance, Section 110 -470 (a)(3). Discussion followed regarding the definition of a definable hazard. After discussion, the Board determined that a definable hazard did exist upon the property due to safety concerns for Mr. Pizatella's children because the property was located on a corner lot. Chairperson McNeely voiced her concern regarding visual impact. Ms. McNeely requested that Mr. Pizatella plant and maintain (6) - 3 ft. tall landscape plants equally spaced along the outside of the 6 ft. high proposed fence to enhance the visual view at the intersection. Mr. Pizatella agreed with the condition of approval. Brief discussion followed. Motion by Mr. Russell, seconded by Ms. Shea -King to approve Fence Exemption Request No. 99 -11 with the following condition: Install and maintain (6) — 3 ft. tall landscape plants, equally spaced along the outside of the 6 ft. high proposed fence. Motion carried unanimously. ISCUSSION Chairperson McNeely announced that a citizen in the audience wished to speak with the Board regarding a proposed business she wished to bring to the city. Chairperson McNeely polled the Board members to add a discussion onto the agenda. By concensus, the Board agreed to hear about the proposed business. Mrs. Janet Skagseth, Owner/Director of Katie's Safe Haven Learning Center advised that she proposed a child care, before and after school care, implementation of pre- school education classes, state funded food program, and special needs child care. Her research had revealed that the city does not have any '`Head- Start" programs and only (2) existing child care facilities. Her business would be located on Center Street, just East of Time `Varner Cable. She wanted to be open for business in mid - November, Planning & Zoning Board - Meeting Minutes August 11, 1999 - - Page 3 Ms. Skagseth explained that the program would not be "Head- Start" however, it will have similar type programs and would offer subsidized care for lower - income families. She added that the principal of Cape View Elementary is welcoming the new facility. Discussion Re: Fences & Walls. The Board members reviewed the ordinances from various cities. Chairperson McNeely voiced her opinion that barbed wire should not be allowed. Vice Chairperson Russell asked the Board members to vision driving down different streets with most properties have walls and fences along the front of the roadways. He asked that the City hold -off on any new applications for fence exemptions until the Board recommends changes to the existing ordinance. Mr. Russell encouraged the City to eliminate fences and walls in all front yards and eliminate fence exemptions. He continued to explain that if a property owner wished to install a 6 ft. fence within the required setback, they would need to apply for a Variance and provide proof of a hardship. Discussion_ followed regarding side yards. City Attorney Bennett added that the Board should consider corner lots as double frontage lots. Discussion followed regarding planting natural vegetation instead of fences. Mr. Nicholas announced that the City had received recognition for its greenery efforts at the previous City Council meeting. The Board directed the City Attorney to draft a proposed ordinance to eliminate construction of fences in front yards, eliminate fence exemptions, place special restrictions for corner lots by allowing a fence along one side fronting a street, all fences shall have shrubbery planted in front of a fence facing any street, the attractive part of a fence shall face the outside when fronting any street, plants shall be a minimum of 3 ft. at the time of fence construction. There being no further business, the meeting was adjourned at 8:50 P.M. Approve -this a5 2 day of Susan L. Chapman, Se etary 1999. - Beatrice McNeely, Chairperson �' City of Cape Canaveral Planning & Zoning Board August 25, 1999 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on August 25, 1999 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 John Fredrickson Donald Bergen Andrea Shea -King L eo Nicholas -1 St Alter;,ate OTHERS PRESENT Dennis Franklin Building Official Kohn Bennett City Attorney Susan Chapman Secretary NEW BUSINESS 1. Approval of Meeting Minutes: August 11 1999 Motion by Mr. Russell, seconded by Mr. Bergen to approve the meeting minutes of August 11, 1999 as submitted. Vote on the motion carried unanimously. 2. Site Plan Approval — Mini - Storage Warehouse for Norman Boucher — Al Price, Proiect Engineer. The Board members reviewed the submitted application, site plan, reports from city staff and city engineer. Discussion followed regarding existing uses of adjacent properties. Motion by Mr. Russell, seconded by Mrs. Shea -King to approve the site plan as submitted. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes August 25, 1999 �rage 3. Recommendation to City Council: Comprehensive Plan Amendment encouraging Collocation of Public Facilities with Public Schools Attorney Bennett explained that this comprehensive plan amendment was a requirement of all municipalities that the change be included in the city's comprehensive plan by October 1, 1999. Brief discussion followed. Motion by Mrs. Shea -King, seconded by Mr. Russell to recommend approval of the policy change to .City Council. Vote on the motion carried unanimously. Chairperson McNeely and Mr. Bergen wished to be reappointed to the Board. There being no further business, the meeting was adjourned at 8:50 P.M. Approved on this day of 1999, Beatrice McNeely, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral Planning & Zoning Board September 8, 1999 7:30 P.M. Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on September 8, 1999 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 John Fredrickson Donald Bergen Andrea Shea -King MEMBERS ABSENT Andrea Shea -King Leo Nicholas 1 st Alternate OTHERS PRESENT Dennis Franklin Building 01 icial Kohn Bennett City Attorney Susan Stills Assistant City Clerk NEW BUSINESS 1. Aocroval of Meetina Minutes: August 25. 1999. Motion by Dr. Fredrickson, seconded by Mr. Russell to approve the meeting minutes of August 11, 1999 as submitted. Vote on the motion carried unanimously. 2. Variance Reauest No. 99 -13 to Allow Structure to Protrude 3 ft. Into the Reauired 8 ft. Side Setback on Lots 12 & 1 i2 of 13, Block 16. Avon by t e Sea. Section 23. Towns ,71c 24 South. Rn ace 37 East. (418 Madison Avenue; - Petitioner was Walter C. Bo�A man. Desicnated scent for Frank ai; Ee v Lee. Property Owners. Planning & Zoning Board Meeting Minutes September 8, 1999 Page 2 of 3 Walter Bowman, Petitioner and Dennis Franklin, Building Official were sworn in by Kohn Bennett, City Attorney. Ms. McNeely referred to page seven of the note from Mr. Franklin. Mr. Russell requested to know the hardship in this request. Mr. Franklin stated that the hardship presented was in preserving trees while placing a house on this lot. Mr. Russell asked what it was that the applicant could not do with this property that others could do. Mr. Franklin reiterated that tree preservation and fitting a house on the lot provided a hardship in his interpretation. Ms. McNeely noted that she did not receive a letter. Attorney Bennett explained that the Building Department Board Secretary used the second meeting or the Board of Adjustment meeting to provide notice since the Board of Adjustment renders the actual decision on the request. Mr. Franklin asked for the proper protocol on notices. Attorney Bennett stated that the second meeting is when the decision is rendered. Mr. Franklin asked what the Planning Board favored in providing notice. Ms. McNeely expressed the discomfort in coming to a second public meeting with concerns. Mr. Bergen stated that a notice before the first meeting allows concerns to be addressed. Attorney Bennett read from the City code on variance request notices. Mr. Franklin related that he would share the proposed dual noticing process with the Building Department staff. Mr. Bowman stated that pace ten is a copy of the survey and noted that the lot is slightly tilted. Ms. McNeely asked for the location of the chain link in reverence to the concrete block wall. Mr. Bowman answered next to the wall. Ms. McNeely stated that the lot is a conforming lot with ample room available. Ms. McNeely questioned that 418 Madison Avenue address. Mr. Russell asked for the meaning of "approximately" 418 Madison Avenue. Attorney Bennett stated that the deed is attached. Mr. Bowman distributed photos of the lot and explained the orientation with regard to existing trees. He stated that the relationship of the garage to the property line created this variance and that all options were considered. Ms. McNeely asked how hardship was created. Mr. Bowman stated that: 1) the lot contained an abundance of Oak trees which create a special condition, 2) removing the Oak trees would cause destruction, 3) the trees existed before the applicant developed the lot and 4) this variance would not convey any special privileges denied to others. Mr. Russell asked on what basis of law would the Board grant this variance? After further discussion from the Board, Mr. Russell concluded that the variance Would also set a precedent for following ap,clications. Attorney Bennett reviewed the requirements for a hardship condition: 1) Any testimony that a unique ceridltien exists?(Nct so - trees are remev =d er ogler developments), 2) Applicant deprived of rich: enjoyed by others? ,No), ;) Are Planning & Zoning Board Meeting Minutes September 8, 1999 Page 3 of 3 there special conditions /circumstances created by applicant? (None found as - -yet), and 4) Will granting variance confer any special privileges? (Yes) Motion by Mr. Bergen, seconded by Mr. Russell to recommend disapproval of the application for Variance Request No. 99 -13. Vote on the motion carried unanimously. FINDINGS OF FACT: Mature trees are not special conditions or circumstances to this land - Granting variance would confer special privileges not endowed to others. DISCUSSION Mr. Russell used Constitutional Amendments Number 1, 10 and 13 as a point of rafaranna f„nr his dis course. Mr. Russell stated that zoning and Land Use are not mentioned in the United States Constitution. He explained further that Amendment Ten refers to powers reserved to the States, such as Police powers, not to be used arbitrarily. He recounted that Eminent Domain is the government's right to take private property. Mr. Franklin questioned if there is an ordinance to limit the 85 -foot concrete poles proposed by Florida Power and Light. Attorney Bennett stated that the code refers to buildings and buildings to other structures. Discussion followed on responsibility and liability for utility structures on the Al corridor. There being no further business, the meeting was adjourned at 9:15 P.M. Approved on this t `L y day of _ Beatrice McNeely, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral Planning & Zoning Board October 13, 1999 Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on October 13, 1999 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. Beatrice McNeely Lamar Russell John Fredrickson Donald Bergen Leo Nicholas EMBERS ABSENT Andrea Shea -King OTHERS PRESENT Greg Mullins Kohn Bennett Susan Chapman NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate City Staff Representative City Attorney Secretary Approval of Meeting Minutes: September 8, 1999. Motion by Mr. Bergen, seconded by Mr. Fredrickson to approve the meeting minutes of September 8, 1999 as submitted. Vote on the motion carried unanimously. 2. Review and Recommendation to City Council Re: Amending Chapter 110, Section 110 -551, Location of Recreational Vehicles, Camping Equipment, Boats and Boat Trailers, By Providing Special Parking Facilities in Multifamily Districts. The Board members reviewed the draft proposed ordinance. Chairperson McNeely read a section of the ordinance that stated ". . . a special parking facility shall consist of at least ten percent additional parking spaces. Notwithstanding the foregoing, if a multifamily development amends its Planning & Zoning Board Meeting Minutes October 13, 1999 rage 2.. organizational documents or covenants to allow previously prohibited parking of boats, utility or boat trailers, recreational vehicles or special purpose vehicles, then in that event, a special parking facility shall be added to the existing facilities and parking of the foregoing shall be prohibited until such times as the special parking facility is constructed. Nothing contained herein shall be deemed a waiver by the City of its setback, lot coverage or other zoning regulations in the addition of a special parking facility." Brief discussion followed. Motion by Mr. Fredrickson, seconded by Mr. Nicholas to recommend approval of the proposed ordinance. Vote on the motion carried unanimously. 3. Local Planning Agency:. Recommendation of Duly Advertised Ordinance No. 13 -99 - Amending the Comprehensive Future Land Use Element to Provide the Encouragement of Siting and Collocation of Public Schools with Other Public Facilities in the City. Chairperson McNeely announced that the Board was now meeting as the Local Planning Agency for this agenda item. City Attorney Bennett verified that the proposed ordinance was properly advertised and advised that the Board had previously recommended approval of this ordinance, however, the ordinance was not duly advertised as required. Brief discussion followed. Motion by Mr. Fredrickson, seconded by Mr. Russell to recommend approval of proposed Ordinance #13 -99 as presented. Vote on the motion carried unanimously. DISCUSSION Discussion Re: Brevard County Proposed Sign Ordinance. City Attorney Bennett explained that the County wanted feedback from the local municipalities regarding their proposed sign ordinance. He explained that the City could formally agree to opt -out of adoption. He announced that City Council had requested input from the Planning & Zoning Board. Planning & Zoning Board Meeting Minutes October 13, 1999 Page Mr. Bruce Moia, P.E., Development Engineer, representative for Brevard County referred to the County's "Mission Statement ". He explained that the proposed sign ordinance was written to eliminate non - conforming, abandoned and illegal signs and if the City chose to adopt the ordinance, it would enforce it within the city's boundaries. The Board members made comparisons between the city's adopted ordinance, proposed ordinance and the County's proposed ordinance. It was noted that the city had been working on their proposed ordinance for approximately (9) months. After discussion, the Board determined that the city's sign ordinance (both adopted and proposed) were written to regulate the types and size of signs that the City wanted for our community. Discussion continued. Following discussion, as per the Board's recommendation, City Attorney Bennett suggested that city staff furnish the County with a copy of the proposed sign ordinance and to not exhaust any more time or efforts on the city's part in considering the County's proposed sign ordinance. There being no further business, the meeting was adjourned at 8:50 P.M. Approved on this 10` day of � /Otl ke�( , 1 999. Beatrice McNeely, Chairperson Susan L. Chapman, S cretary City of Cape Canaveral Planning & Zoning Board November 10, 1999 7:30 P.M. Maatinn Mini ita,c A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on November 10, 1999 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 John Fredrickson Donald Bergen Andrea Shea -King Leo Nicholas 1 st Alternate OTHERS PRESENT Burt Bruns Council Member Larry Weber Council Member Dennis Franklin Building Official Kohn Bennett City Attorney Susan Chapman Secretary NEW BUS INESS Approval of Meeting Minutes: September 13, 1999. Motion by Mr. Bergen, seconded by Mr. Fredrickson to approve the meeting minutes of September 13, 1999 as submitted. Vote on the motion carried unanimously. 2. Review and Recommendation to City Council Re: Amending Chapter 110, Section 110 -470, Fences, Walls and Hedges, by Prohibiting Fences and Walls in all Front Yards within anv Zonina District. The Board members reviewed the proposed ordinance draft. Vice Chairperson Russell explained that this ordinance change was necessary to prevent the city from becoming a walled or fenced community. Brief discussion followed regarding the definition of a front yard, boundary walls, and existing fences and walls becoming non- conforming when this ordinance is enacted. Planning & Zoning Board Meeting Minutes November 10, 1999 Page 2 Attorney Bennett clarified that if an existing fence or wall in a front yard is destroyed more than 50% it would not be able to be replaced. Motion by Ms. Shea -King, seconded by Mr. Russell to recommend approval of the proposed ordinance prohibiting fences and walls in all front yards within any zoning district. Vote on the motion carried unanimously. 3. Loc al Planning Agency: Recommendation to Citv Coun - Reauest to Rezone 190 Center Street from M -1 to C =2, Section 23, Township 24 South, Range 37 East, Parcel (,_Loma Linda University Subdivision - Petitioner is John Morris, Authorized Agent for Canaveral Industries, Inc. Property Owner. John Morris, authorized agent, and Dennis Franklin, Building Official were sworn in by Attorney Bennett. Attorney Bennett verified that the application appeared to be complete. Vice Chairperson Russell clarified that this request was for a single parcel of property of a multitude of properties depicted on the city's future land use map as being in the C -2 zoning district. Mr. Russell voiced his concern that by the City not administratively changing the zonings of these properties, the City was creating spot zoning. Mr. Russell urged the City to rezone all the total parcels depicted on the future land use map as C -2 to C -2 to alleviate spot zoning. City Attorney Bennett clarified that City Council held the rezonings in abeyance until litigation was settled with a particular property. He advised that the litigation was now settled and that City Council would be reconsidering administr�g_fively rezoning the properties on a future agenda. Mr. Morris clarified that Canaveral Industries only owed this one parcel of property and verified that this property did not front Al A. Brief discussion followed. Motion by Mr. Fredrickson, seconded by Mr. Russell to recommend approval of this request for rezoning from M -1 to C -2. Vote on the motion carried unanimously. PRESENTATION Jim Borris, Towne Realty - Solana Development, Additional 10 Acres of C -1 Zoned Property. Planning & Zoning Board Meeting Minutes November 10, 1999 Page 3 Mr. Borris gave an overall update of the Solana development project. He advised that an additional 10 acres would be purchased of C -1 zoned property for future expansion of the Solana project to consist of (7) buildings being utilized as time shares and (2) - 75 unit hotel buildings or (3) - 50 unit hotel buildings. He noted that the hotel units would be sold as timeshares for one night rentals. Discussion was held regarding the city ordinance limiting the number of kitchen facilities. He explained that revisions were presently being considered for the existing Solana Lakes project which consisted of 25 acres. He advised that two connection roads would be constructed as access points off of the Port Canaveral property. NEW BUSINESS - CONTINUED: 1. Election of Chairperson and Vice Chairperson. Mr. Fredrickson nominated Ms. McNeely to remain as Chairperson. Mr. Bergen seconded the nomination. Mr. Russell moved to close nominations. Ms. Shea - King seconded the motion. Vote on the motion to elect Ms. McNeely to remain as Chairperson carried unanimously. Mr. Fredrickson nominated Mr. Russell to remain as Vice Chairperson. Ms. Shea -King seconded the nomination. Ms. McNeely moved to close nominations. Mr. Bergen seconded the motion. Vote on the motion to elect Mr. Russell to remain as Vice Chairperson carried unanimously. Chairperson McNeely polled the Board members to establish if a quorum would be present at the November 24th regularly scheduled meeting. A quorum was verified. There being no further business, the meeting was adjourned at 8:45 P.M. Approved on this day of 1999. Beatrice McNeely, Chairperson Susan L. Chapman Secretary City of Cape Canaveral Planning & Zoning Board December 8, 1999 7:30 P_M. Meeting Minutes A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on December 8, 1999 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. Beatrice McNeely John Fredrickson Donald Bergen Leo Nicholas MEMBERS ABSENT Lamar Russell Andrea Shea -King Leaminnammom Richard Treverton Larry Weber Burt Bruns Buzz Petsos Dennis Franklin Kohn Bennett Susan Chapman NEW BUSINESS Chairperson 1 st Alternate Vice Chairperson Council Member Council Member Council Member Council Member Building Official City Attorney Secretary to the Board 1. Approval of Meeting Minutes: November 10, 1999. Motion by Dr. Fredrickson, seconded by Mr. Bergen to approve the meeting minutes of November 10, 1999 as submitted. Vote on the motion carried unanimously. 2. Review and Motion Re: Radisson Resort Revised Site Plan - David Menzel, P.E., Proiect Enqineer. The Board members reviewed a revised site plan of the Radisson Resort retention area. PLANNING & ZONING BOARD MEETING MINUTES DECEMBER 8, 1999 PAGE 2 David Menzel, P.E. explained that the only revision from the originally approved site plan was to change the stormwater management system; the new facility was a wet detention pond on the west side of the site replacing the previously approved dry pond behind the Convention Center; he had agreed with the city engineer's concerns and made the wet pond larger to accomodate a future maintenance building; additional retention would be added at the time the future building was designed; he clarified the water pretreatment process and verified that St. Johns River Water Management District had approved the revision. Brief discussion followed. Motion by Mr. Bergen, seconded by Dr. Fredrickson to approve the revised site plan of the Radisson Resort as submitted. Vote on the motion carried unanimously. DISCUSSION: Discussion Re: Evaluation of City Land Development Regulations by Planning Solutions, Inc. The Board members reviewed a letter from Planning Solutions, Inc. (PSI) which indicated that the purpose of the report was to identify areas of the City Land Development Regulations that either create or perpetuate physical conditions that were not in the best long term interests of the community. This preliminary evaluation was the first step in a multi -task effort to address the commercial site design deficiencies in existing regulations. Chairperson McNeely suggested that the (16) section topic items specifically mentioned in the report should be examined and discussed by the Board at this time. Ms. McNeely welcomed the members of the Community Appearance Board in attendance at this meeting and welcomed their input and suggestions. She also welcomed that members present from the City Council. As the Board, along with members of the Community Appearance Board and City Council members reviewed the comments, it was noted the Planning Solutions only made "cosmetic" cleanup suggestions. As the Board reviewed the recommendations, Mr. Bruns suggested that the sign ordinance be dealt with as an independent issue. The Board reviewed and discussed PSIs suggestions from pages 3 - 7. PLANNING & ZONING BOARD MEETING MINUTES DECEMBER 8, 1999 PAGE 3 Chairperson McNeely stongly suggested to the Building Official that all properties be inspected annually as part of the business license renewal process. She requested that the Building department inspect the screening on Center Street to determine whether it meets the requirements of the granted special exception. There being no further business, the meeting was adjourned at 9:08 P.M. Approved on this t a _ pp ��` day of �cLm,txn w ' Beatrice McNeely, ChairpersQ Susan L. Chap an, S cretary