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HomeMy WebLinkAbout1997 P & Z Meeting MinutesCITY OF CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JANUARY 8,1997 MINUTES A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on January 8,1997 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 John Fredrickson Donald Bergen Joe Elliott Leo Nicholas Chairperson Vice Chairperson 1st Alternate 2nd Alternate OTHERS PRESENT Burt Bruns G. J. Moran Kohn Bennett Susan Chapman Council Member Building Official City Attorney Secretary Approval of Minutes Motion by Mr. Fredrickson, seconded by Mr. Bergen to approve the meeting minutes of November 13,1996 as submitted. Vote on the motion carried unanimously. NEW BUSINESS 1. Site Plan Approval - A1T & Associates, Inc. Corporate Headquarters, Section 15, Township 24 South, Range 37 East, All of Parcel 756 and 100 feet of Parcel 750 (8900 Astronaut Boulevard) - Steven V. Hou hg taling, P.E., Project Engineer for AJT & Associates, Inc. Mr. Moran advised that all of the requirements from the fire department, city engineer and city staff had been met. The Board members reviewed the submitted site plan. Discussion was held regarding: proposed building height, parking capacity, roof type, lot coverage (impervious areas), landscaping, turning radius for trucks, and entrance roadway. PLANNING & ZONING BOARD MEETING MINUTES JANUARY 8,1997 PAGE 3 the proposed percentages did, however, regulate to a certain degree, the amount of green area that would remain at a site if they are incorporated into the code; the percentages were not set in stone relating to the amount of surface that must remain as green area, nor were set in stone relating to any allowed increase for the use of pervious paving material; they were based only on the ability of the ground to effectively retain stormwater on site. He advised that the Board could recommend a decrease in the percentage of impervious area allowed in an individual zoning districts if the Board so desired. He suggested that the Board could lower percentages for residential districts and higher percentages for commercial and manufacturing districts to regulate or increase the amount of green area that would remain. He further suggested that the Board could restrict the area allowed by the use of pervious paving in residential or only to commercial and manufacturing districts or they could recommend elimination of the allowance entirely. Mr. Moran voiced his opinion that this proposal by city staff was related to the present ordinance not addressing this extremely important issue except by concurrency requirements relating to storm water retention calculations that could allow the reduction of non - surfaced areas to a less than appropriate amount with the use of on- site retention and detention facilities, as well as filtration devices. Mr. Moran explained the contents of the illustrated drawings contained in the Board members packets . He stated that City staff had requested that the Board be as specific as possible with any direction, modifications, suggestions or changes to the proposal to ensure all concerns were addressed. An ensuing discussion followed. After discussion, by concensus of the Board members, this agenda item would be continued at the next scheduled meeting. 4. Recommendation to City Council to Appoint a Regular Member to the Planning & Zoning Board. oard. Chairperson McNeely advised that James Lewis had resigned from the Board and therefore, the Board members needed to make recommendation to City Council to appoint a regular member to the Board. Mr. Elliott recommended that Mr. Nicholas be appointed as a regular member due to his experience. Mr. Nicholas disagreed and added that he would not feel right if he was appointed as a regular Board member at this time. Brief discussion followed. Motion by Ms. McNeely, seconded by Mr. Bergen to recommend to City Council that Mr. Elliott be appointed as a regular member to the Board. Vote on the motion carried unanimously. PLANNING & ZONING BOARD MEETING MINUTES JANUARY 8,1997 PAGE 2 Mr. Houghtaling advised that AJT would construct the site in phases. Phase I would be the warehouse and Phase II would be construction of the main headquarters; there were no future plans to construct the remainder of the property parcel; construction plans for Phase I construction would be submitted within two to three weeks; at total build -out, approximately 95% of parking capacity would be utilized; landscaping would be installed at the entrance of the property, prior to final inspection of Phase I; turning radius for trucks would be contained on -site and adequate; a stabilized drive would be constructed during Phase I; the fire department would have access to the fire hydrant during Phase I construction of this project; there were no endangered species (animal or plant) located on -site; and Phase II construction would begin in approximately three to four months. Mr. Hougtaling clarified for the Board members that Phase I would consist of construction of the warehouse, roadway, stormwater retention areas and water and sewer utilities; Phase II would consist of construction of the main headquarters building. Motion by Mr. Russell, seconded by Mr. Bergen to approve the site plan for AJT as submitted. Vote on the motion carried unanimously. 2. Consideration to Amend Article V, Sections 110 -191 (a) & (d) Non - Conformities and 110 -193 (1) Non - Conforming Structures of the Cape Canaveral Code of Ordinances - Petitioner was Tovan Barzelatto, V.P. Avalon Homes Inc. Mr. Moran advised that due to both time and staffing constraints during the holidays, preparation of this agenda item was incomplete and staff requested that this agenda item be continued until the next schedule meeting. By concensus of the Board members, this item was postponed until the next scheduled meeting. 3. Recommendation to City Council to Amend Sections 110- 1,110 -276 (4),110 -296 (4),110 -316 (4),110 -336 (4), 110-356 (4) and 110 -372, Lot Coverage of the Cape Canaveral Code of Ordinances. Mr. Moran explained that as per the Board's request, in the meeting held on December 11,1996, staff had prepared several examples with related site plans to visually illustrate the extent of this proposed amendment to the City Code of Ordinances. Mr. Moran further explained that the percentages used in this proposal had been determined from calculations relating to storm water issues, not green area requirements; the percentages were based on sound engineering practices relating to the areas not covered by pavement being able to absorb calculated rain water on the site; PLANNING AND ZONING BOARD MEETING MINUTES JANUARY 8,1997 PAGE There being no further business, the meeting was adjourned at 9:45 P.M. Approved this day of 1997. Beatrice McNeely, Chairperson Susan apman, Secretary CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JANUARY 22,1997 MINUTES A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on January 22,1997 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 Joe Elliott 1st Alternate Leo Nicholas 2nd Alternate MEMBERS ABSENT Donald Bergen (excused) OTHERS PRESENT Tony Hernandez Council Member G. J. Moran Building Official Kohn Bennett City Attorney Susan Chapman Secretary Approval of Minutes Motion by Mr. Fredrickson, seconded by Mr. Russell to approve the meeting minutes of December 11, 1996 as submitted. Vote on the motion carried unanimously. Motion by Mr. Russell, seconded by Mr. Elliott to approve the meeting minutes of January 8,1997. Vote on the motion carried unanimously. UNFINISHED BUSINESS 1. Consideration to Amend Article V, Sections 110 -191 (a) & (d) Non - Conformities and 110 -193 (1) Non - Conforming Structures of the Cape Canaveral Code of Ordinances - Petitioner is Tovan Barzelatto, V.P., Avalon Homes, Inc Mr. Barzelatto explained that the present code restricted owners of single family non- conforming homes located on non - conforming lots of record from making improvements such as remodeling and additions due to the restrictive setback requirements. PLANNING & ZONING BOARD MEETING MINUTES JANUARY 22,1997 PAGE 2 Mr. Barzelatto voiced his concern that the City should preserve these non - conforming single family homes to prevent owners from demolition and constructing duplexes and townhomes. Chairperson McNeely suggested that the city should consider changing the existing ordinance. Discussion followed. After discussion, the Board members agreed and concluded to allow property owners of non - conforming single family structures, constructed on non - conforming lots of record, to improve their properties to decrease blighting effects and protect property values. The improvements could not encroach into any existing side, back or front setback and could not increase any existing encroachment. The structure must comply with existing height restrictions. And the structure could not exceed maximum lot coverage. Property owners would need to seek approval by the Community Appearance Board and obtain the necessary building permit(s). Chairperson McNeely asked City Attorney Bennett to draft an ordinance based on the Board's discussion. 2. Recommendation to Amend Sections 110 - 1,110 -276 (4), 110-296 (4), (4), 110 - 336 (4),110 -356 (4) and 110 -372, Lot Coverage of the Cape Canaveral Code of Ordinances. Mr. Moran, Building Official, advised that staff wished to withdraw the proposal at this time, for re- evaluation. Vice Chairperson Russell disagreed that the proposal should be withdrawn due to the fact that a majority of the Board members simply did not understand the proposal. Chairperson McNeely gave a 20 minute time limit for discussion. Mr. Russell configured Mr. Moran s calculated percentages regarding storm water management on a poster board. Mr. Moran answered various questions regarding the calculations. Mr. Moran reiterated that the percentages used in this proposal were based on sound engineering calculations relating to the ability of the ground area to effectively retain storm water on site. Discussion continued. Mr. Moran advised that at the previous meeting, Aqua Blue Pools had stated that lot coverage was the only issue preventing the issuance of a permit to construct a pool and accessory deck at 622 Manatee Bay Drive. Mr. Moran advised that the information pertaining to Aqua Blue Pools permit request was not available at the last meeting. PLANNING & ZONING BOARD MEETING MINUTES JANUARY 22,1997 PAGE 3 Mr. Moran clarified that although lot coverage was an issue, the permit requested by Aqua Blue Pools could not be issued because the proposed coverage was replacing an area that was approved for storm water calculation compliance, not percentage of the lot area being covered by a pool or deck. He further explained that the proposed pool and deck was located in the area that the drainage infrastructure was shown on the approved site plan. Mr. Moran advised that the property was in violation of the approved site plan relating to drainage infrastructure which had been modified by the developer without submittal of required storm water calculations relating to concurrency requirements or application for site plan revision approval by the city. By consensus of the Board members, this agenda item was tabled until the next scheduled meeting for further discussion. There being no further business, the meeting was adjourned at 9:00 P.M. Approved this day of �=�fiAr 1997. Beatrice McNeely, Chairperson Susan Chapman, Secretary CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING FEBRUARY 12,1997 MINUTES A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on February 12,1997 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 John Fredrickson Donald Bergen Joe Elliott Leo Nicholas Chairperson Vice Chairperson 1st Alternate 2nd Alternate OTHERS PRESENT Rocky Randels G. J. Moran Kohn Bennett Susan Chapman Mayor Pro Tern Building Official City Attorney Secretary Approval of Minutes Motion by Mr. Russell, seconded by Mr. Fredrickson to approve the meeting minutes of January 22,1997. Vote on the motion carried unanimously. NEW BUSINESS 1. Special Exception Request No. 97 -01 to Allow a City Park in a R -3 Zoning District, Lot 1 (Located on Long Point Road) - Petitioner was Nancy Hanson Recreation Director for the City of Cape Canaveral. Mrs. Hanson advised that the city was leasing a lot west of A1A; specifically, on Long Point Road, to build a walk -to city neighborhood park to accommodate the area which was heavily populated with small children. She advised that the city owned a 40 rt. easement adjacent to the lot. Mrs. Hanson explained that the park would have very little infrastructure; only a bike rack, swings, and refuse containers. The park would be closed at dusk since lighting was not proposed, would accommodate approximately 30- 50 children, no irrigation was planned and landscaping would be similar to the xeriscape park, existing oak trees would be preserved, and there were no plans for organized activities. She also explained that six ft. high privacy fences existed along the north and west boundaries with vegetation acting as a noise buffer. PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 12,1997 PAGE 2 Mr. Moran advised that City Council had authorized the use of this property that was leased by the city to be used as a park. The property was located in the R -3 zoning district and Section 110 -314 (5) of the Cape Canaveral code of ordinances allowed for the granting of this special exception for the requested use. The submitted application was sufficient for this request, the fire and sheriff departments had no concerns, and staff recommended approval of this request. Mr. Nicholas advised that an old home had been demolished from the property several years ago and suggested that the contractor look for a possible septic tank that may not have been properly abandoned. Motion by Mr. Russell, seconded by Mr. Elliott to recommend approval of Special Exception Request No. 97 -01 to the Board of Adjustment. Vote on the motion carried unanimously. 2. Special Exception Request No. 97 -02 to Allow an Additional Fenced -in Storage Area at American Boom and Barrier (Located at 7077 North Atlantic Avenue) - Petitioner was Patrick Rooney, Designated Agent for Randy O'Brien, Property Owner. (Previous Special Exception Request No. 95 -09 for the existing fenced -in area was Approved by the Board of Adjustment on October 30,1995. Chairperson McNeely read the Board of Adjustment's Board Order including conditions of approval of the previous granted special exception for a fenced area on this property. Mr. Rooney advised that the existing fenced area was not large enough to accommodate their outside storage needs because the business was growing at a faster rate than originally anticipated. He added that the additional fenced -in area would also reduce vandalism. Mr. Moran advised that this application for special exception was for an increase in storage area from 1,400 sq. ft. that was presently allowed, to an area of 12,460 sq. ft., Section 110 -354 (c)(1) of the Cape Canaveral Code of Ordinances allowed the granting of outside storage, as provided in Section 110 -566 that referenced screening from view. The request was an option suggested for compliance in an ongoing code enforcement violation by the Building department because the existing fenced -in area did not accommodate ABBCO outside storage needs. The fire and sheriff departments had no concerns regarding this request and City staff recommended approval. Mr. Bennett advised that the City Code had no requirements for screening of fenced areas. Chairperson McNeely inquired that if this request was granted, would the applicant need to go before the Community Appearance Board for approval. PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 12,1997 PAGE Mr. Moran responded that since this request was to enlarge an existing fenced area, it would not need to go before another quasi - judicial Board. City Attorney Bennett agreed. Mr. Russell voiced his concern regarding the lack of maintenance of the green area fronting the property along A1A. Mr. Rooney responded that the water irrigation system was not working properly; however, he would ask his maintenance personnel to clean up the area. The Board members reviewed the worksheet checklist contained in their board packets. Discussion followed. Motion by Mr. Russell, seconded by Mr. Fredrickson to recommend approval of Special Exception Request No. 97 -02 to the Board of Adjustment with the following conditions: 1. The special exception shall run with the occupational license. i i y 2. Black filtered pvc fabric shall be mounted on the fence as a visual screen. 3. Fence shall be maintained in good repair. 4. Outside storage shall be limited to the fenced area. 5. The front greenery area abutting A1A shall be properly maintained. Vote on the motion carried unanimously. 3. Motion to Recommend Amending Chapter 110, Section 110 -193, Nonconforming Structures of the Cape Canaveral Code of Ordinances. Mr. Bennett advised that he had drafted a sample ordinance for the Board's consideration based on their discussion held at the previous meeting. Discussion followed regarding consideration to limit the amendment to a specific zoning district. Attorney Bennett clarified that the ordinance only applied to non - conforming structures located on non - conforming lots of record. Mr. Moran added that the draft was very clearly written. Mr. Russell complimented the Board Secretary on the written minutes from the previous meeting; specifically, the discussion regarding this agenda item. Discussion continued. Motion by Mr. Bergen, seconded by Mr. Fredrickson to recommend approval to City Council to amend Section 110 -193 of the city code. Vote on the motion carried unanimously. PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 12,1997 PAGE 5 Mr. Berger explained that today the trend was for smaller hotels /motels with between 60 -100 units. He advised the Board that the code was written so that a hotel /motel could only be located on a parcel of five acres or more to meet the minim requirement of 150 units. Mr. Berger depicted various properties which would be ideal locations for hotels /motels; however, they were mostly under 5 acres. Mr. Berger submitted ordinances adopted by other cities within Brevard County and pointed out that no other cities had stipulations regarding minim number of hotel /motel units with the exception of Brevard County but only in certain zoning districts. The Board members reviewed schematics of various hotels/ motels that met all requirements except they did not meet the requirement of five acres to accommodate the requirement for 150 units. Mr. Berger added that there existed a need for motel accommodations in Cape Canaveral due to the active space program and new cruise ship terminals. He questioned what the city wanted in the area; (i.e., strip malls, surf shops, gas stations, recreation, bars, chain restaurants, etc.). Mr. Berger pointed out that potential clients had indicated that they desired to have smaller motels with less than 150 units, with no bars or restaurants. Mr. Russell stated that Mr. Berger's points were well taken. He explained that the space center would be expanding its operation when the space station program occurs which would justify the need for additional hotel /motel accommodations. He added that most of the people come to this area from cold climates that wanted to live or vacation at the beach. He questioned why the city wanted people to continuously pass through our city to go to Cocoa Beach. Mr. Bill Dodder and his wife advised that they had developed hotels in 26 Florida jurisdictions and they had found a particular site in Cape Canaveral they were interested in developing a hotel. Mr. Dodder explained that daily rates were the game in the hotel/ motel business, 75% of hotels typically had between 80 to 100 units which kept costs down to a minim in order to maintain low daily rates. He added that hotels /motels help bring customers to adjacent businesses. Mr. Dipak Patidar advised that once a large hotel/ motel was developed, they were very costly to run and maintain. He added that he wanted to develop a hotel that would bring a good class of quality to our city. Discussion followed regarding the city considering reduction of minim number of units for hotels /motels. Chairperson McNeely asked the Board Secretary to place this issue on the next Board meeting agenda for continued discussion. 3. Discussion Re: Section 110 - 1,110 -276 L4), 110-296 (4),110 -316 (4),110 -356 (4), Lot Coverage of the Cape Canaveral Code of Ordinances. PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 12,1997 PAGE 4 DISCUSSION 1. Discussion Re: Utilities located on Shorewood Drive. Mr. Moran advised that he had received two requests from City Manager Boucher to determine if utilities located on Shorewood Drive should have been located above or below ground. Mr. Moran had researched the city files. His research revealed that the only code section that required utilities to be located underground was in Section 110- 443, Residential Planned Unit Development (RPUD); there were no stipulations noted on the approved site plan; and no mention in any city records that the city required the utilities to be installed underground. Mr. John Allen, project engineer, gave a history background of the approved site plan of Shorewood Drive. He believed that the City approved the site plan for overhead utilities since there were no requirements to install the utilities underground. He added that the developer had briefly considered underground utilities; however, research revealed that it would cost an additional $70,000 to bury the utilities and due to the temporary nature of the roadway and since the city had no requirements to bury the utilities, the developer had decided to install the utilities above ground. Discussion followed regarding the possibility of requiring underground utilities be installed on new future developments. City Attorney Bennett advised that the city would need to write a new ordinance. After discussion, by consensus of the Board members, there had been no stipulation requiring underground utilities on Shorewood Drive and the roadway had been properly constructed as per the approved site plan. Chairperson McNeely asked the Board Secretary to add a discussion item on the next meeting agenda to discuss consideration to require underground utilities, and Mr. Moran advised that he would include other cities' requirements for underground utilities in the next meeting's Board packets. 2. Discussion Re: Chapter 110, Section 110 -332, Principal Uses and Structures, Para aph 4) and Section 110 -336, Area and Dimensions Relating to Requirements for Hotels and Motels. Mr. Berger asked the Building Official for his interpretation of the intent of Ordinance 110 -332. Mr. Moran responded that his interpretation was that the city did not allow motels and hotels to be less than 150 units. Mr. Berger advised that motel owners were interested in coming into the city and most of their concepts were less that 150 units. PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 12,1997 PAGE 6 Mr. Moran advised that changing these code sections would eliminate the requirement for stormwater concurrency for new single family residences. Discussion followed regarding townhomes being required to have stormwater concurrency because the center unit would only have a 20 ft. wide lot which would not accommodate required drainage. After discussion, City Attorney Bennett advised that he would re -draft the proposed ordinance eliminating Section 110 -372 from the proposal and would present the new draft for motion at the next meeting. There being no further business, the meeting was adjourned at 10:05 P.M. Approved this gbi_� day of } rung J 1997. Beatrice McNeely, Chairperson n s Susan Chapman, Secretary CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING FEBRUARY 26,1997 MINUTES A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on February 26,1997 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 John Fredrickson Joe Elliott Leo Nicholas MEMBERS ABSENT Donald Bergen OTHERS PRESENT John Porter Rocky Randels G. J. Moran Kohn Bennett Susan Chapman Approval of Minutes Chairperson Vice Chairperson 1st Alternate 2nd Alternate (excused) Mayor Mayor Pro -Tem Building Official City Attorney Secretary Motion by Mr. Fredrickson, seconded by Mr. Nicholas to approve the meeting minutes of February 12,1997 as submitted. Vote on the motion carried unanimously. UNFINISHED BUSINESS 1. Motion to Recommend Amending Sections 110 -1 110 -276 L4),110-296 (4),110- 316 (4), 110-336 (4), and 110 -356 (4), Lot Coverage. Mr. Moran advised that he had no comments pertaining to this recommendation. He clarified that if this proposal was approved, townhomes would continue to be required to provide concurrency for stormwater retention; this proposal was solely a drainage issue; the proposed calculations were determined by the city's engineering firm with information being obtained from the Florida Planning & Zoning Manual; this code amendment would eliminate the necessity for concurrency on stormwater retention and drainage; and would eliminate the possibility of a lot being paved in its entirety. PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 26,1997 PAGE 2 Discussion was held regarding various types of pervious materials. Mr. Moran explained that variable types of pervious materials had fluctuating ratios of percolation, maintenance requirements and durability percentages. Mr. Tezel, a citizen, pointed out that regulatory agencies already dictated drainage and stormwater retention requirements and restrictions. Citizens including Mr. Tezel, Mr. Wilson, Dr. Pindziak, Mr. Ketchum, Mr. Berger, Mr. Morgan, Mr. Haynes, and Mr. Patidar voiced several concerns regarding their rights being taken away by the city further restricting the use of their properties if this proposal was adopted. Mayor Pro -Tem Randels questioned the purpose of the proposal. Mr. Moran reiterated that this amendment would prevent a property owner from paving their entire lot. Mr. Nicholas advised that this issue had originally been a concern of his when a property owner asphalted his entire lot. Mr. Nicholas clarified that he had perceived this issue from an aesthetics point of view, not drainage. Discussion was held regarding the percentages of the proposed drainage areas and the definitions of impervious and pervious concrete being unclear. After an ensuing discussion, Mr. Russell advised staff that the Board members did not understand the proposed calculated percentages for drainage area. He strongly suggested that the Board not recommend anything to city council that they did not understand. Mr. Russell suggested that the Board approach this issue through a different code, possibly the landscape code. Motion by Mr. Russell, seconded by Mr. Elliott to not recommend this amendment to the City Council. Brief discussion followed. Vote on the motion carried unanimously. DISCUSSION Discussion Re: Consideration to Reduce the Minimum Number of Units for Hotels and Motels. Mr. Berger advised that the existing ordinance stated that a hotel/ motel could not be issued a certificate of occupancy with less than 150 units. He explained that the large motel concept was obsolete in today's society; no balconies, no bar, inside hallway, no restaurant; with between 60 and 100 rooms. He added that motels /hotels were a good source of revenue to other businesses in the community. He stated that a five acre parcel of property in Cape Canaveral would exceed $1,000,000 to purchase. Mr. Berger mentioned that he would be requesting an adjustment in density at a later meeting. He asked that the City consider reducing the minimum number of units from 150 to somewhere between 60 to 100 units. PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 26,1997 PAGE 2 Discussion was held regarding concerns of a chain of motels /hotels being constructed along the City's main corridor (similar to Kissimmee); density and square footage requirements; definitions of motels and hotels; and safety concerns regarding ingress and egress along A1A. By consensus of the Board members, the Board would continue to consider lowering the minimum number of units for motels/ hotels. City Attorney Bennett would prepare an ordinance draft for the Board's consideration. Chairperson McNeely called for a five - minute break at 9:25 P.M. The meeting reconvened at 9:30 P.M. 2. Discussion Re: Consideration to Require Utilities to be Located Underground for New Developments. Discussion was held regarding related costs to install utilities underground vs. above ground. When comparing the costs for a condominium complex, the Board concluded that the cost per unit would be minimal; however, for a low cost housing project, the cost would be excessive. The Board members continued discussion regarding what would be best for the city and concluded that new utilities, including single family residences, should be located underground. Chairperson McNeely requested th City Attorney Bennett draft an ordinance to require utilities to be located underground, using Altamonte Springs underground utilities ordinance as a guide, and adding the requirement that all service entrance equipment shall be screened from view by the use of vegetation, no fencing. Mr. Bennett agreed to draft an ordinance based on the Board's discussion. There being no further business, the meeting was adjourned at 9:45 P.M. Approved this / -" day of 1997. Beatrice McNeely, Chairperson Susan Chapman, Secre ary CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MARCH 12, 1997 MINUTES A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on March 12, 1997 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 8:10 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Lamar Russell John Fredrickson Joe Elliott Leo Nicholas Donald Bergen OTHERS PRESENT Rocky Randels G. J. Moran Kohn Bennett Susan Chapman Approval of Minutes: Chairperson Vice Chairperson 1 st Alternate Council Member Building Official City Attorney Secretary Motion by Mr. Russell, seconded by Mr. Elliott to approve the minutes of February 26, 1997 as submitted. Vote on the motion carried unanimously. PUBLIC HEARING: 1. Recommendation to City Council Re: Request to Change the Existing Zoning District from R -3 (Multi - Family Residential) to M -1 (Light Industrial), Property Located at (210 Center Street), Section 23, Township 24 South, Range 37 East, Parcel J - Petitioner is Time Warner Cable Company, Property Owner, Noel Droor, Representative. PLANNING AND ZONING BOARD MEETING MINUTES MARCH 12, 1997 PAGE 2 Attorney Bennett advised that a draft ordinance was included in each Board members - packet. Discussion followed regarding an ordinance number being assigned by the City Clerk being hand written on the draft. Mr. Russell advised that the Local Planning Agency had recommended approval of Ordinance draft No. 03 -97 which was the incorrect number for the ordinance that they had recommended. Discussion continued. Attorney Bennett suggested that the Local Planning Agency (LPA) should reconvene immediately after the Planning & Zoning Board meeting to clarify the motion made to amend the comprehensive plan future land use map. The Board members agreed. Mr. Bennett clarified for the record, that the LPA had held a Public Hearing prior to the Planning & Zoning Board considering the request which was considered procedurally correct. Mr. Nicholas queried the applicant as to the list of property owners submitted with the application. Mr. Droor, applicant, clarified that the list he had provided with the application was a list of all property owners within a 500 ft. radius of the Time Warner Cable property. Motion by Mr. Russell, seconded by Mr. Nicholas to recommend approval to City Council of draft Ordinance 02 -97, official zoning map change. Vote on the motion carried unanimously. NEW BUSINESS: Mr. Nicholas questioned why the C -2 Zoning Ordinance had been removed from the original published agenda. Mr. Moran responded that he had asked the city manager to secure the services of a city planner for this ordinance change. He had also asked the city manager to have a city planner at tonight's LPA meeting and apologized for the City not having a planner to answer any questions the Board had and he did the best he could to answer the Board's questions. He advised that the C -2 zoning draft would be presented at the next meeting. 1. Discussion and Recommendation to City Council Re: Amending Section 110 -1, Definitions of the Cape Canaveral Code of Ordinances by Reducing the Required Minimum Number of Hotel /Motel Rooms. Attorney Bennett advised that at the previous meeting, the Board requested that the City Attorney draft an ordinance based on the Board's discussion, by combining the definition of hotel /motel and reducing the minimum number of required rooms which would be determined at this meeting. PLANNING AND ZONING BOARD MEETING MINUTES MARCH 12, 1997 PAGE 3 The Board members reviewed and made various changes to the proposed draft. Mr. Bennett advised that he would make the appropriate changes as discussed. Mr. Berger, a citizen, explained to the Board that no other cities within Brevard County imposed a minimum number of guest rooms; 60 units would require a minimum of two acres, 30 units would require one acre. He suggested that the Planning & Zoning Board consider what was best for the city. He added that by limiting the minimum number of rooms, the city would be eliminating bed & breakfast type establishments; and hotels /motels would only be allowed in the C -1 zoning district; hotel /motel chains were currently constructing between 57 - 108 rooms, minimal service hotels /motels with no restaurants, bars or meeting rooms. Brief Discussion followed regarding the possibility of removing the restriction in its entirety and allowing the market place to influence the hotel /motel industry. Mr. Berger pointed -out the vacant properties on the city's zoning map along A1A that would be ideal for hotels /motels. Mr. Nicholas voiced his opinion that if the city reduced the minimum number of required rooms, the city would regress and down -scale their existing up -scale concepts. Mr. Russell advised that the rationale behind the city imposing a high number of minimum rooms was because the city did not want bed and breakfasts, gathering places for ships crews, undesirable people, small efficiencies or dormitories. Attorney Bennett advised that the c density requirement of a minimum of 30 units per acre seemed to be acceptable to the Board, which could be used as a basis to consider reducing the minimum number of guest rooms in the definition of hotel /motels. An ensuing discussion was held regarding what the required minimum number of guest rooms should be. Mr. Russell suggested that the considered minimum should be 75 guest rooms. This number would not only be reducing the existing minimum by one -half, but also, would represent that a property owner would need to be serious about running the business. Mr. Berger calculated that if the number was reduced to 75, the approximate cost to build a guest room would be $30,000. Discussion continued. Mr. Bennett advised that the Board carne to a consensus, he would re -draft the ordinance. Mr. Bennett read the draft, incorporating the recommended changes. Mr. Pitarda, citizen, stated that he had planned for the Board to recommend that the minimum number be reduced to 60 units. He explained that a hotel /motel owner with 60 units would be serious about their business. The property parcel he was considering purchasing was 1/10 of an acre less than two acres. He explained that a 60 unit motel would cost to build, including the property, approximately 3.5 million. If the city did not reduce the number to 60, they would not be able to build what they had planned. PLANNING AND ZONING BOARD MEETING MINUTES MARCH 12, 1997 PAGE 4 Mr. Russell pointed -out that reducing the number to 75 would be reducing the present requirement by exactly one -half. He added that if building an additional 15 rooms was that critical to a business, then maybe they were not ready to build. He explained that the Board's job was to consider what was best for the city, its citizens and immediate surrounding areas. Motion by Mr. Russell, seconded by Mr. Nicholas to recommend approval of the draft ordinance to reduce the minimum number from 150 to 75 guest rooms. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 9:00 P.M. Approved this nth day of AF ,tl , 1997. eatric McKee y, hairperson Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING APRIL 9, 1997 MINUTES A Regular Meeting of the Planning & Zoning Board of the City Florida, was held on April 9, 1997 at the City Hall Annex, 111 Canaveral, Florida. The meeting was called to order at 7:30 McNeely. The Secretary called the roll. - MEMBERS PRESENT Beatrice McNeely Chairperson Lamar Russell Vice Chairperson Donald Bergen John Fredrickson Joe Elliott Leo Nicholas 1st Alternate OTHERS PRESENT G. J. Moran Building Official Kohn Bennett City Attorney Susan Chapman Secretary NEW BUSINESS of Cape Canaveral, Polk Avenue, Cape P.M. by Chairperson 1. Preliminary Re -Plat of Adams Townhomes, Lots 1, 2 & 3 (Replat of Lots 15 & 16), Block 3, Avon by the Sea Subdivision - Thomas H. Quinn, Property Owner. Mr. Quinn advised that he could build a total of four townhouse units; however, he decided to construct only three units in an effort to preserve green area. - The Board members reviewed the preliminary replat. Chairperson McNeely advised that the City Engineer (SSA) had reviewed and recommended approval of this request; and City Attorney Bennett had no comments or concerns regarding the submitted Declaration and Covenants. A brief discussion was held regarding the intent of the proposed ordinance requiring underground utilities. Mr. Moran, Building Official clarified that the ordinance would not effect franchise utilities located within the city's rights -of -ways. PLANNING AND ZONING BOARD MEETING MINUTES APRIL 9, 1997 PAGE 2 Chairperson McNeely commented that City Council had indicated that they wanted to encourage single family residences. Mr. Nicholas suggested that the City may wish to consider increasing minimum lot widths for townhouses from 20 ft. to 50 ft. Mr. Moran advised that staff would research the issue and report back to City Council. Motion by Mr. Russell, seconded by Mr. Elliott to approve the Preliminary Re -plat of Adams Townhomes as presented. Vote on the motion carried unanimously. DISCUSSION Vice Chairperson Russell commented that the City Council turned down the recommendation from the Board to lower the minimum number of hotel/motel units; yet, when the Board was considering the change, the Council members attending the meeting, had commented that it would be good for the City to make the change. He further commented that City Council did not bring the issue to a vote because, Council had agreed that the existing minimum requirement worked for the City over the years and therefore, the requirement should remain the same. There being no further business, the meeting was adjourned at 8:00 P.M. Approved this X28 ` day of P f la1/ 1 1997. Beatrice McNeely, Chairperson dl Susan L. Chapman, Secr tary CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES APRIL 23,1997 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on April 23,1997 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 Joe Elliott Leo Nicholas Rocky Randels Delegate -at -Large Tony Hernandez Delegate -at -Large OTHERS PRESENT Bennett Boucher City Manager Susan Chapman Secretary City Manager Boucher advised that the Department of Community Affairs had given final approval on the city's Evaluation and Appraisal Report. He commended the Board for a job well done. UNFINISHED BUSINESS: 1. Discussion, Determination and Recommendation to Amend the Comprehensive Plan Future Land Use Map to Delineate Properties to be Re -Zoned as C -2 Commercial/ Manufacturing Zoning District. Mr. Boucher explained that the Board would need to delineate the properties currently zoned M -1 that should be changed to C -2. He also explained the process and time -frame to adopt an amended future land use map, which would be considered a large scale amendment. He noted that individual property owners would still need to seek a zoning change if they wished to rezone to C -2. LOCAL PLANNING AGENCY MEETING MINUTES APRIL 23,1997 PAGE 2 Vice Chairperson Russell recommended that the Board only consider changing the zoning from M -1 to C -1, for parcels that the city wished to be developed C -2 in the future, and not make decisions based on existing M -1 property uses. Mr. Russell reminded the Board that requests had been previously made from the property owner on Center Street, fronting A1A. He voiced his opinion that it was time for the city to change the property to C -2 in an effort to allow the property to blossom. He questioned if the city desired more industrial uses fronting A1A, and encouraged C -2 along the city's main corridors. Mr. Nicholas reiterated that the LPA should plan for what the city would like in the future. Mr. Hernandez suggested that LPA also consider the property where Coastal Fuels was located because Coastal's lease would be expiring within the next year. Discussion followed. Chairperson McNeely advised that one of the city's goals was to update zoning along the A1A corridor and believed the Board would have support from City Council regarding this issue. The Board members reviewed the existing future land use map. Discussion was held regarding delineating which properties currently zoned M -1 that should be changed to C -2 on the future land use map. After the Board made the property determinations, Mr. Boucher advised that he would submit the changes to the map reproduction department at Brevard County to incorporate the changes. Mr. Boucher would present the new proposed future land use map at the next Planning & Zoning Board meeting. Mr. Hernandez and Mr. Randels agreed that they would support the Local Planning Agency on their recommendation to make the proposed changes. Motion by Mr. Russell, seconded by Mr. Hernandez to recommend that City Council adopt a new future land use map incorporating the land use areas that were discussed and delineated by the Board members at this meeting, with the property lines defined on the new map. Vote on the motion, as amended, carried unanimously. LOCAL PLANNING AGENCY MEETING MINUTES APRIL 23,1997 PAGE 3 There being no further business, the meeting was adjourned at 8:50 P.M. Approved on this 7 SS day of 1997. Beatrice McNeely, Chairperson Susan Chapman, Secretary CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MAY 14, 1997 MINUTES A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on May 14, 1997 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 Chairperson Lamar Russell Vice Chairperson John Fredrickson Joe Elliott (Arrived Late) Leo Nicholas 1 st Alternate Donald Bergen OTHERS PRESENT Kohn Bennett City Attorney Susan Chapman Secretary APPROVAL OF MINUTES: March 26. 1997 Motion by Mr. Nicholas, seconded by Mr. Fredrickson to approve the meeting minutes of March 26, 1997. Vote on the motion carried unanimously. NEW BUSINESS 1. Special Exception Request No. 97 -03 to Allow U -Haul Rental Eauir)ment on the Paved Area just South of True Value Hardware (8300 Astronaut Boulevard), Part of Parcel 520, Section 15, Township 24 South, Range 37 East, Brevard County, Florida - Petitioner was Bobby Lawrence, Authorized Agent for Geiger & Hardaway, Property Owners. PLANNING AND ZONING BOARD MEETING MINUTES MAY 14, 1997 PAGE 2 Bobby Lawrence, Petitioner, advised that True Value Hardware would like to rent U -haul equipment on the lot located to the south of the property; the maximum U -haul equipment stored at any one time would be a maximum of six trucks and six trailers; the lot would be maintained in a neat appearance; no advertising signs would be located on the property; there would be no fencing or lighting; there were no access points directly on A1A; and there would be no servicing of the vehicles or equipment on site. Chairperson McNeely read a staff report from Mr. Moran, Building Official, which stated that the request was for a special exception relating to the leasing of U -haul trucks and trailers on a paved portion of parcel 520, (parcel B) adjacent and south of the True Value Hardware store. The parcel contained (25) parking spaces and was independent as the hardware business had sufficient on -site parking. Signs on the unimproved parcel were prohibited. All fees required for this request had been paid; and staff had no objection to the granting of this special exception. Chairperson McNeely advised that in another memorandum from Mr. Moran, it stated that during research for the special exception relating to the leasing of U -haul trailers, the following pertinent information had been ascertained: The parcel in question was previously used for a portion used for a portion of the necessary parking requirements to obtain a special exception for the sale and on -site consumption of alcoholic beverages at Rich's Restaurant, 8200 Astronaut Blvd., that was granted by the Board of Adjustment on December 14, 1987 and was contingent upon the continued provision of (67) parking spaces. The present request included those parking spaces. The procedures required by Section 110 -34, Violation of conditions of special exception or variance, were being addressed by the Building Department. Discussion followed regarding the special exception that had been granted to Rich's Restaurant. Mr. Boucher, City Manager clarified that at the time Rich's Restaurant had been granted the special exception, additional parking spaces were required; the parking spaces were acquired by a lease agreement with Geiger & Hardaway; it was now discovered that Rich's no longer had a liquor license and that they only served beer and wine. Mr. Hardaway advised that he was the trustee of the parking lot. He explained that Rich's Restaurant obtained a (49) year lease which had lapsed. He advised that Rich's had kept the liquor license for approximately two years. However, due to the type of customers entering the bar area, Mr. Rich did not keep the liquor license active. PLANNING AND ZONING BOARD MEETING MINUTES MAY 14, 1997 PAGE 3 Discussion was held regarding the status of the special exception that had been granted to Rich's Restaurant. Vice Chairperson Russell requested that the special exception granted to Rich's Restaurant be resolved prior to this special exception request being considered for the U -haul business. Acting City Attorney Goldman suggested that the board make recommendation to the Board of Adjustment regarding the request before them and include a condition that the special exception granted to Rich's Restaurant no longer effects the property in this request prior to approval Discussion was held regarding the applicant maintaining an adequate buffering area between zoning districts abutting the property as per Section 110 -566; there should be a maximum of six trucks and four trailers at any one time, and if the parking exceeded that amount, the overabundance should not be allowed for more than 72 hours. Chairperson McNeely requested that trees or hedges be placed along the property fronting A1A; and a sidewalk be installed in front of the property. Mr. Lawrence responded that the property did not abut a different zon district; trees could not be pl anted a the property fronting A1A due to a stormwater retention ditch; and to install a pedestrian sidewalk would be cost prohibited. Mr. Lawrence did agree to the stipulation regarding the maximum number of trucks and trailers to be located on the lot at any one time. Brief discussion followed. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend approval of Special Exception Request 97 -03 with the condition that the special exception previously granted by the Board of Adjustments to Rich's Restaurant, on December 14, 1987, no longer effects this property. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 8:37 P.M. Approved this OS-L�\ day of May , 1997. Beatrice McNeely, Chairperson r ti Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES MAY 28,1997 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on May 28,1997 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 Leo Nicholas MEMBERS ABSENT Joe Elliott Rocky Randels Delegate -at -Large Tony Hernandez Delegate -at -Large OTHERS PRESENT G. J. Moran Building Official Kohn Bennett City Attorney Susan Chapman Secretary UNFINISHED BUSINESS: 1. Review and Recommendation to the Planning & Zoning Board to Amend the Proposed Comprehensive Plan Future Land Use Map Delineating Properties to be Re -Zoned as C -2 Commercial /Manufacturing Zoning District. Chairperson McNeely read a letter from Mr. Edward Hradesky asking the city to consider additional properties that he owned to be incorporated on the future land use map designated in the C -2 zoning district. Discussion was held regarding depicting the property parcels Mr. Hradesky was asking the Board to consider. After discussion, the Board concluded that Mr. Hradesky should identify the properties he wished the Board to consider and be at the meeting to discuss his request. LOCAL PLANNING AGENCY MEETING MINUTES MAY 28,1997 PAGE 2 Vice Chairperson Russell questioned the property where USA (formally Rockwell International) why it was delineated incorrectly on the new draft of the proposed future land -use map. Reviewing the map, he advised that the C -2 designation needed to be extended to the east to incorporate the entire property parcel. Mr. Russell further advised that the Board had requested that the property where Call One what located be designated on the map as C -2. Discussion was held regarding changing the present future land use map and the current zoning map. Mr. Russell questioned why city staff wanted the LPA to only recommend changing the future land use map without changing the zoning of the properties. City staff attempted to explain that the city was not changing the zoning of the properties, but, rather, attempting to delineate properties along the main city corridors that would have the opportunity, in the future, to rezone their individual properties to the C -2 zoning district. Discussion continued. There being no further business, the meeting was adjourned at 8:05 P.M. Approved on this aan-d day of 0 C �bb el 1997. 1 7 Beatrice McNeely, Chairperson Susan Chapman, Secretary CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MAY 28,1997 MINUTES A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on May 28,1997 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 8:07 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Lamar Russell John Fredrickson Donald Bergen Leo Nicholas Chairperson Vice Chairperson Alternate MEMBERS ABSENT Joe Elliott OTHERS PRESENT Marilyn Rigerman G. J. Moran Kohn Bennett Susan Chapman Board of Adjustment Member Building Official City Attorney Secretary Approval of Minutes Motion by Mr. Russell, seconded by Mr. Bergen to approve the meeting minutes of April 9,1997 as submitted. Vote on the motion carried unanimously. Motion by Mr. Fredrickson, seconded by Mr. Russell to approve the meeting minutes of May 14,1997 as submitted. Vote on the motion carried unanimously. NEW BUSINESS 1. Motion to City Council to Recommend Approval to Amend the Proposed Comprehensive Plan Future Land Use Map Delineating Properties to be Re- Zoned as C -2 Commercial/ Manufacturing Zoning District. Motion by Mr. Russell, seconded by Mr. Nicholas to table this agenda item until the proposed future land use map is recommended to the Board. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes May 28,1997 Page 2 2. Consideration Re: Telecommunications Ordinance. City Attorney Bennett explained that this proposed ordinance was one of three ordinances that the city would ask the Board to consider. The others would be an amendment to the existing satellite dish ordinance to comply with federal requirements and the other was a zoning amendment to the M -1 zoning district to allow them by special exception. He noted that these antennas would be considered a permissible use on municipal property and a conditional use by special exception in the M -1 zoning district. Brief discussion followed. By consensus, this item was tabled until the next meeting. There being no further business, the meeting was adjourned at 8:30 P.M. Approved this l8 day of dun 1997. Beatrice McNeely, Chairperson Susan Chapman, Sec etary CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES JUNE 11, 1997 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on June 11, 1997 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 Donald Bergen Joe Elliott Leo Nicholas Rocky Randels Delegate -at -Large Tony Hernandez Delegate -at -Large MEMBERS ABSENT Lamar Russell Vice Chairperson John Fredrickson OTHERS PRESENT Bennett Boucher City Manager G. J. Moran Building Official Kohn Bennett City Attorney Susan Chapman Secretary UNFINISHED BUSINESS: 1. Consideration to include Parcels 806 and 813 in amending the Comprehensive Plan Future Land Use Map - E. L. Hradesky, President, Tech -Vest, Inc. Mr. James Morris, representative for Mr. Hradesky, advised that their concern was for the existing occupied buildings being unoccupied in the future. He explained that United Space Alliance (formerly Rockwell International) and Boeing International had been leasing the existing buildings over the past eight years due to the active space program. He explained that their leases were renewed annually and should the funds for the space program subside the buildings could become vacant for long periods unless, the property owner had the opportunity to request the property be rezoned to C -2 in an effort to attract many various types of businesses. Mr. Morris added that the specified parcels were located contingent to the other parcels being considered. LOCAL PLANNING AGENCY MEETING MINUTES JUNE 11, 1997 PAGE 2 Mr. Nicholas commented that the city was losing control of specific zoning. He voiced his concerns regarding future spot zoning and questioned if there was really a need to create a C -2 zoning district. Mr. Nicholas suggested that if the city wished to look forward to C -1 uses along the city's main corridor, then those properties zoned M -1 should be changed to C -1 on the future land use map. He questioned if the city wanted all the uses specified as "permissible uses" in the proposed C -2 zoning draft along the city's main corridors. Mr. Hernandez questioned if the city wanted to discourage M -1 and encourage C -2. Mr. Nicholas advised that the property located at the corner of N. Atlantic Avenue and Center Street, owned by Mr. Hradesky, was no longer vacant and therefore, the need to amend the zoning for future C -2 use of the property was no longer a necessity. Discussion followed. Attorney Bennett clarified that the city was required to notify all the property owners which could be affected by this proposed change; and added, that after the Board made its recommendation to City Council, the City Council may make extensive changes to the proposed C -2 zoning ordinance and the proposed changes to the future land use map; and if Council was to adopt a new zoning district, the property owners land depicted on the future land use map as C -2 would still need to request that their individual properties be rezoned as C -2. Discussion continued. Motion by Mr. Randels, seconded by Mr. Hernandez to include Parcels 806, 796, 788, 787, 760 & 813 in amending the draft of the future land use map depicting certain properties as C -2. Vote on the motion carried, by majority, with members voting as follows: Mr. Bergen, for; Mr. Elliott, for; Mr. Hernandez, for; Ms. McNeely, for; Mr. Nicholas, against, Mr. Randels, for. 2. Review and Recommendation to the Planning __.& Zoning Board to Amend the Comprehensive Plan Future Land Use Map Motion by Mr. Randels, seconded by Mr. Bergen to recommend that city council adopt the proposed comprehensive plan future land use map incorporating the parcels as stated in the prior motion. Vote on the motion carried, by majority, with members voting as follows: Mr. Bergen, for; Mr. Elliott, for; Mr. Hernandez, for; Ms. McNeely, for; Mr. Nicholas, against; and Mr. Randels, for. There being no further business, the meeting was adjourned at 8:30 P.M. Approved on this _ Q4 day of n, Approved 6e r 1997. Beatrice McNeely, Chairperson Susan Chapman, Secretary CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JUNE 11, 1997 7:30 P.M. A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on June 11, 1997 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 8:35 P.M. by Chairperson McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Donald Bergen Joe Elliott Leo Nicholas Chairperson Alternate Lamar Russell John Fredrickson Vice Chairperson OTHERS PRESENT G. J. Moran Building Official Kohn Bennett City Attorney Susan Chapman Secretary NEW BUSINESS Revised Site Plan Approval - Allison Storage Warehouses, 8570 Commerce Street - L. M. Barnes, Director of Allison Storage Corporation The Board members reviewed the amended site plan for Allison Storage Warehouses. Mr. Haynes, property owner, stated that the additional building shown on the amended site plan would be consistent with the others already constructed. Mr. Moran advised that all comments from the city engineer had been satisfactorily addressed and recommended approval. Mr. Haynes noted that the access to the building would be located at the extreme east end of the project on Central Boulevard. Mr. Moran added that a letter had been received from Brevard County advising that there would no problem in issuing a permit to for the access. Motion by Chairperson McNeely, seconded by Mr. Nicholas to approve the amended site plan for Allison Storage Warehouses. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes June 11, 1997 Page 2 UNFINISHED BUSINESS Motion to City Council to Recommend Approval to Amend the Comprehensive Plan Future Land Use Map for C -2 Zoning District. Motion by Mr. Bergen, seconded by Mr. Elliott to recommend approval of the comprehensive plan future land use map depicting properties for the C -2 zoning district. Vote on the motion carried by majority as follows: Mr. Bergen, for; Mr. Elliott, for; Ms. McNeely, for; Mr. Nicholas, against. 2. Consideration Re: Telecommunications Ordinance. The Board members reviewed, discussed and recommended various changes to the proposed telecommunications ordinance through page four of the draft. Due to the late hour, the Board members concluded to continue their review at the next scheduled meeting. There being no further business, the meeting was adjourned at 9:34 P.M. Approved on this day of 73'3 1 y 1 1997. Susan L. Chapman, Secretary Beatrice McNeely, Chairperson CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JUNE 25, 1997 7:30 P.M. A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on June 25, 1997 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 Joe Elliott Leo Nicholas Alternate OTHERS PRESENT Kohn Bennett City Attorney Susan Chapman Secretary UNFINISHED BUSINESS 1. Continued Review of Proposed Telecommunications Ordinance. The Board members reviewed, discussed and recommended changes to the proposed draft of the telecommunications ordinance prepared by Attorney Bennett through page 14. Attorney Bennett advised that he would provide photographs of existing telecommunication towers and antennas at the next meeting. By consensus, the Board members would continue their review of the proposed ordinance at their next scheduled meeting. There being no further business, the meeting was adjourned at 9:27 P.M. Approved on this th day of :--To I , 1997. 1 j `Beatrice McNeely, Chairperson Susan L. Chapman, ecretary CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JULY 9, 1997 7:30 P.M. A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on June 9, 1997 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 Joe Elliott Leo Nicholas Alternate MEMBERS ABSENT Lamar Russell Vice Chairman OTHERS PRESENT Kohn Bennett City Attorney Susan Chapman Secretary UNFINISHED BUSINESS Continued Review of Proposed Telecommunications Ordinance. The Board members completed their review of the proposed telecommunications ordinance draft prepared by Attorney Bennett. Attorney Bennett advised that he would make the requested changes and provide an amended draft for recommendation to city council at the next scheduled meeting. He advised that the Board would be recommending two other ordinances to the city council which included allowing telecommunication towers in the M -1 zoning district and amending the earth station antenna ordinance. All draft ordinances would be forwarded to the Board members with their next agenda packet. There being no further business, the meeting was adjourned at 9:30 P.M. Approved on this day of ��s 1997. �C Beatrice McNeely, Chairperson Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL PLANNING AND ZONING BOARD MEETING NVaNUTES JULY 23, 1997 A meeting of the Planning and Zoning Board of the City of Cape Canaveral, Florida, held on July 23, 1997, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson McNeely called the meeting to order at 7:30 P.M. by. The Secretary called the roll. 155191051 ' 0 go Beatrice McNeely Chairperson Donald Bergen John Fredrickson Leo Nicholas 10V 10011 11 , 1191 1 *a Lamar Russell Vice Chairperson Joe Elliott OTHERS PRESENT G.J. Whitey Moran Building Official Kohn Bennett City Attorney Susan Stills Deputy City Clerk Approval of Minutes: Motion by Ms. McNeely seconded by Mr. Nicholas to approve the meeting minutes of June 11, 1997, as submitted. Vote on the motion carried unanimously. Ms. McNeely noted to correct Lamar Russell's name in the meeting minutes of July 91n Motion by Ms. McNeely seconded by Mr. Nicholas to approve the amended meeting minutes of July 9, 1997, as submitted. Vote on the motion carried unanimously. UNFINISHED BUSINESS Motion to Recommend the Proposed Telecommunications Ordinance. Ms. McNeely questioned how the Board wished to review the Draft Ordinance. Attorney Bennett recommended that he note where he made changes. He noted the first change on Page 4, Section 3, Applicability, where he added Section (e), Residential Use Antennas. Attorney Bennett also added on Page 3, Section (I) "Personal Communication Services." Ms. McNeely questioned a definition for "Collocation." Attorney Bennett answered that collocation was addressed in Section (d), and should read "means the location of two or more antennas on a single tower or structure. He stated another change on Page 7, under Permitted Uses, Section (b), which addresses towers on the City's lift station. He explained that no licenses or lease is required for these antennas therefore the word approval will be added to this section, to read "provided license, lease or approval authorizing such antenna." Ms. McNeely asked if there were any substantial changes to the Tables on Pages 14, 15 and 16. Attorney Bennett noted corrections under Separation Distance that all Sections should read 200 feet or 300% height of tower whichever is greater. Mr. Nicholas asked if AM Arrays were addressed in the ordinance. Attorney Bennett stated that a definition for AM Array was added on Page 4, Section 3 (d) under Applicability. Mr. Nicholas regarded a telescoping antenna on the VFW post in Titusville. He commented that when in failure mode, the antenna would retract and not collapse. He questioned if there were verbiage in the City of Titusville ordinance describing the types of failure mode and how it affects these antennas. Mr. Moran questioned the collapsible design on the antenna when most are designed to remain in place. Mr. Nicholas requested that the Building Official review the Titusville ordinance. Attorney Bennett stated that any further information would be forwarded to City Council. Motion by Dr. Fredrickson and seconded by Mr. Bergen to Recommend the Proposed Telecommunications Ordinance to City Council. Motion carried unanimously. NEW BUSINESS Review and Recommendation of Draft Ordinance to Allow Telecommunication Towers in the M -1 Zoning District. Attorney Bennett explained that this draft ordinance will allow Telecommunication Towers to be placed in the M -1 Zoning District by Special Exception. Motion by Mr. Bergen and seconded by Ms. McNeely to Recommend the Draft Ordinance to Allow Telecommunication Towers in the M -1 Zoning District. Motion carried unanimously. 2. Review and Recommendation of Draft Ordinance to Amend Section 110 -478, Earth Station Antennas. Attorney Bennett noted changes to the draft ordinance. He noted in Section 110 -1, that he added a definition for "Antennas." He also stated that the definition for "Earth Station Antennas" was outdated therefore he eliminated that definition and included "Satellite Dish" which was inclusive. Ms. McNeely questioned earth station antennas in Section 2, Paragraph (iv), Subparagraph (g). Attorney Bennett stated that 6 -feet, residential use antennas were allowed in this section. Mr. Nicholas clarified that this section read, "In all zones, ground- mounted antennas" omitting earth station. Mr. Moran addressed Subparagraph (i ) in which "only one (1) antenna shall be allowed on any lot or parcel of land." Attorney Bennett stated that this section is difficult to enforce due to Federal regulation regarding the number of antennas in use on a property. Motion by Mr. Bergen and seconded by Dr. Fredrickson to recommend the amended draft ordinance to Amend Section 110 -478 and Section 110 -1, Earth Station Antennas. Motion carried unanimously. Consideration to Amend Section 110 -122, Hotels and Motels of the Cape Canaveral Code of Ordinances - Issuance of Certificates of Occupancy - Petitioner, Arthur W. Berger, V.P., Aedile Contractors, Inc. Mr. Arthur Berger requested that the Board consider Amending Section 110 -122 to provide phased construction or an alternative that would provide Certificates of Occupancy at a minimum of 100 units and an incremental 50 units. Mr. Berger suggested a change in ordinance 110 -122 that requires Certificates of Occupancy to be issued in 150 units and 50 unit increments. He outlined his project as 7.16 acres with an estimated 215 units which is 30 units per acres. He stated that within the current ordinance, he would need to construct 150 units and an additional 65 units. Mr. Berger distributed a brochure of the proposed 100 -unit building. He stated that his company proposed to submit drawings on this unit converting it from four to five stories with 150 units and commit the 5 acres to 150 units. Mr. Berger's request is to construct 100 units instead of the 150 units required for a Certificate of Occupancy and construct 50 units at a later date. Attorney Bennett clarified that development orders for phased construction is enforceable for 10 years. Mr. Berger explained that the building would not exceed the 45 feet height limitation. He noted that parapet wall at the top of the building will not exceed 4 feet. Mr. Moran explained further that the 45 feet is measured one foot above natural grade or one above the crown of the road in front to the top of the flat portion of the roof, not to what is visible. Mr. Nicholas questioned what could a development order include that would guarantee or ensure that phased construction. Attorney Bennett responded that a development order would restrict the land. Mr. Berger is the phased construction could be accomplished by special exception. Attorney Bennett stated that special exception addresses land use. Further discussion followed on what mechanism could be used to address the phased construction. Mr. Berger stated that Cape Canaveral is the only city in the County with a required number of units for construction. Attorney Bennett stated that he would research the issue for the next scheduled Planning and Zoning meeting, but there would not be a draft ordinance. There being no further business, meeting adjourned at :15 P.M. Beatrice McNeely, CHAIRPERSON 1� �J� Susan Stills, Deputy City Clerk CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING SEPTEMBER 8, 1997 7:30 P.M. A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on September 8, 1997 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 John Fredrickson Donald Bergen Joe Elliott Leo Nicholas Chairperson Vice Chairperson Alternate OTHERS PRESENT John Porter Rocky Randels Bennett Boucher G. J. Moran Kohn Bennett Susan Chapman Mayor Mayor Pro -Tem City Manager Building Official City Attorney Secretary NEW BUSINESS Motion to Approve: Revised Site Plan of AJT Corporate Headquarters, Parce 756, (8900 & 8910 Astronaut Boulevard) - Richard Wood, V. P. , AJT & Assoc. Inc., Applicant. The Board members reviewed the revised site plan for AJT Corporate Headquarters. Mr. Moran, Building Official advised that the original site was reviewed and approved by the Board on January 8, 1997. The revisions to the site were reviewed by the City Engineer, SSA, Public Works Department and the Cape Canaveral Volunteer Fire Department and had been recommended for approval. All applicable fees had been paid. He explained that the revisions involved a realignment of the project entryway requiring drainage modifications; a reduction in stories from (4) floors to (3) floors; the building height remained the same; location and graphics of the sign. He advised the city staff recommended approval of this project, as revised. - -- P LANNING & ZONING BOARD - MEETING MINUTES - SEPTEMBER 8, 1997 PAGE 2 Mr. Berger explained that he was requesting that the ordinance be amended to allow 100 units to be issued a certificate of occupancy and then certificates of occupancy in 50 unit increments. He was not asking the Board to sacrifice quality, only reduce the quantity of units to be constructed in the first phase. Mr. Berger provided a schematic of the proposed hotel for the Board's review. Mr. Berger depicted the layout of the phased construction. He explained that fees would be paid to the city for the entire 150 units at the time the permit is issued by the City to construct the first 100 units including the entire infrastructure (Phase 1). He advised that the owner's financial institution required 70% occupancy in a 1 -year average in order to finance the remainder of the project; Phase 2 construction would begin within three years. He stated that the City would benefit the most if only 100 units were constructed because of less density. Mr. Nicholas clarified that the code stated that the minimum amount of units was 150, including a density requirement of 30 units per acre, translating to five acres minimum. Mr. Hans K. Saurenmann, resident, 201 International Drive #202, advised that he would be an affected property owner when this property is developed. He voiced his opinion that it would not be in the city's best interest for the citizens' welfare to reduce the required number of hotel units to be issued. He explained that if the city should not reduce the required number to accommodate developers that can not afford to build a 150 -unit hotel. He encouraged the Board to consider the burden on the citizens when considering phased construction development. He advised that the problem with this developer was clearly a matter of money shortage. He voiced his opinion that the market did not warrant an expensive hotel in this area at this time. Mr. Bob Abbott, citizen, voiced his personal opinion that the requestor was undercapitalized and a majority of business in this Country fail because of that reason. He advised that the 150 -room minimum, separated those people that could . afford to do large projects and keep the projects continuing until completed, from those people who can not. He further advised that there were a number of projects in the City, specifically on Central Avenue, that have remained unfinished for years and are an eyesore. He explained that the only things this municipal corporation has are land assets. He added that when people come into the City, and give the City boards all kinds of grand promises of what there going to do versus what actually happens, it harms the municipal corporation assets, because, once the land has been altered, it takes someone else that much more to undo what they have done to restore the land to a producable form. He further added that if Mr. Berger could obtain financing and obtain capital to complete a 150 -unit project, then this Board would not be faced with having to consider changing an ordinance, specifically for his arguments. Discussion followed. Attorney Bennett reiterated that Mr. Berger's first request was to reduce the minimum requirement from 150 to 100 rooms; the Board had been leery about the request because they wanted assurances that the project would be completed. _..PLANNING & ZONING BOARD - <_ MEETING MINUTES -- - - SEPTEMBER 8, 1997 PAGE 3 Mr. Berger suggested that if the Board wished to continue with the request that they adopt into the ordinance a requirement that a development order be issued including any other requirements. He further explained that the assurances would be included in the development order. He added that the developer would have ten years to complete the project; a building permit or special exception was considered a development order. This would be considered a development agreement. Vice Chairperson Russell explained that the city would make the developer construct 150 units through a development agreement. The city would get the infrastructure laid out and impact fees for 150 units of the first phase of construction and could require that the developer bond the cost for the remaining 50 units after the first 100 units were constructed. Further, that the 150 units were possible by the leverage of the posted bond. If the developer chose to pay the money for the bond, they would build the units. Discussion continued. Motion by Chairperson McNeely, seconded by Mr. Bergen to discontinue any further consideration regarding this request. Vote on the motion was as follows: Donald Bergen, for Joe Elliott, against John Fredrickson, against Bea McNeely, for Lamar Russell, against Motion failed by a vote of 2 to 3 vote. Motion by Mr. Russell, seconded by Mr. Bergen to request the city attorney to draft a proposed development order for the Board's review and further consideration at the next meeting. Vote on the motion was as follows: Donald Bergen, for Joe Elliott, for John Fredrickson, for Bea McNeely, against Lamar Russell, for Motion carried by majority vote 4 to 1. 2. Recommendation to City Council Re: Request to Vacate Property and Abandon a Proposed Right -of -Way, Parcel 509.1 - Petitioner was Arthur W. Berger, V.P. Aedile Contractors, Inc. The Board members reviewed the proposed ordinance. Attorney Bennett advised that the city was contractorily obligated to grant this request because the adjacent properties had already been abandoned. .PLANNING & ZONING BOARD MEETING MINUTES -- _= - SEPTEMBER 8, 1997 PAGE 4, 1997 Mr. Nicholas voiced his opinion that the city needed to be surveyed for consistency of easements previously dedicated. Mr. Moran responded that the Public Works Director's only concern was to retain this 15 ft. easement. He added that 15 ft. was adequate. Motion by Mr. Russell, seconded by Mr. Fredrickson to recommend approval to vote and abandon the right of way on Parcel 509.1. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 9:15 P.M. Approved on this 12 day of No\,r6MBE1 1997. Susan L. Chapman, Secretary - CITY OF CAPE CANAVERAL -- - PLANNING AND ZONING BOARD MEETING MINUTES SEPTEMBER 24, 1997 A meeting of the Planning and Zoning Board of the City of Cape Canaveral, Florida, held on September 24, 1997, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson McNeely called the meeting to order at 7:30 P.M. by. The Acting Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Lamar Russell Donald Bergen John Fredrickson Joe Elliott y Leo Nicholas OTHERS PRESENT John Porter Rocky Randels G.J. Whitey Moran Kohn Bennett Susan Stills Approval of Minutes: Chairperson Vice Chairperson (Excused) Mayor Mayor Pro Tem Building Official City Attorney Deputy City Clerk, Acting Secretary Motion by Mr. Bergen and seconded by Dr. Fredrickson to approve the meeting minutes of September 10, 1997, as submitted. Vote on the motion carried unanimously. NEW BUSINESS Motion to Appoint Planning and Zoning Board Chairperson and Vice - Chairperson. Motion by Mr. Russell and seconded by Dr. Fredrickson to appoint Beatrice McNeely to serve another year as Planning and Zoning Board Chairperson. Motion carried unanimously. _z City of Cape Canaveral, Florida Planning and Zoning Board Minutes September 24, 1997 -Page 2 Motion by Mr. Bergen and seconded by Mr. Elliott to appoint Lamar Russell to serve another year as Planning and Zoning Board Vice- Chairperson. Motion carried unanimously. Dr. Fredrickson expressed thanks to those who sponsored the Board members for the Orlando Conference. He also thanked the Building Official for the new Building Permit forms and Lamar Russell for his research on the Hotel -Motel issue. 2. Request for Special Exception - Outside Storage Area - 245 Challenger Road. Mr. Moran stated the - company, Ambassador Services, abuts residential property on the southeast corner that is a ditch known as the Canaveral River. Mr. Moran also stated that the request meets all requirements and staff recommends approval. Mr. Moran clarified that the storage area would not be visible from George King Blvd. Mr. Russell queried visual screening. Mr. Moran expressed that owner may use green slats in a chain link fence. In response to Mr. Russell's question, Mr. Moran answered that Rinker is in an M -1 zone. Mr. Moran denoted the storage property and all abutting zones on the official zoning map. Mr. Russell clarified that the outside storage area would abut an M -1 zone. Ms. McNeely queried if the checklist review was in order. Attorney Bennett advised the Board to proceed with the Special Exception checklist. Ms. McNeely referenced City Code Section 110 -47 and asked questions to which the Building Official responded. Mr. Moran stated that Ambassador Storage is an existing site that meets all the requirements of the City code. Motion by Mr. Russell and seconded by Mr. Bergen to Recommend Approval for a Special Exception Request for the Outside Storage Area at 245 Challenger Road. Motion carried unanimously. By consensus, the Board agreed to address Item Number 2 on the agenda under discussion since Mr. Berger was not present at this time to make his presentation on the Hotel -Motel issue. DISCUSSION 2. Extended Stay Hotel - Requested by Mayor Pro Tem Rocky Randels. Mayor Pro Tem Randels addressed the Board on the issue of Extended Stay Hotels. He stated that this type of rental property could develop an adverse effect in Cape Canaveral if it is allowed to establish. Other cities such as Pensacola, highlighted in Florida Trend magazine, are facing the negative effects of Extended Stay Hotels. He stated that a developer can present construction on 30 -unit per acre hotel units which City of Cape Canaveral, Florida Planning and Zoning Board Minutes September 24, 1997 -Page 3 later may become low- income, low -rent housing. Mayor Pro Tem Randels submitted this synopsis to the Board for possible future discussion. Ms. McNeely stated that affordable housing is addressed in the City's Comprehensive Plan and that the Board's goal is a stable residential community. Mr. Russell stated that he wanted to receive a definition on "extended stay." He also stated that once extended stay defined, how would the city enforce length of stay. He noted that area economics allow for lodging at some facility and he saw no purpose for concern. Mayor Porter commented that he did not see a problem in this area, however, day laborers in the Port area are a concern from a public safety standpoint. He stated that the City would be challenged to address the day labor issue as it affects the quality of life in the area. Mr. Russell noted that Law Enforcement crime records would become the body of evidence to address this issue from a public safety perspective. Attorney Bennett added that from an economic vantage point Cape Canaveral has limitations within its ordinances that may impede establishing extended stay hotels. Mr. Moran said that he would contact Escambia County to establish how and if they defined extended stay. He also said that he would review the Standard Housing Code adopted by cities for a definition of kitchen facilities. Continued discussion pertaining to Reducing Hotel -Motel Certificate of Occupancy Requirements - Requested by Arthur Berger. Mr. Berger addressed the Board saying that after continued attempts to persuade the Board to see his point of view on reducing the number of units to obtain a Certificate of Occupancy, he would concede and build a hotel within the current City ordinance. He expressed concern that the City would allow a lesser quality hotel. Mayor Porter stated, for the record, that lesser quality was not an issue from his position. Mr. Moran expressed that the many code sections that comprise hotel construction need to be embodied in one code section. He appreciated the background research Mr. Russell provided on the Hotel -Motel issue. Mr. Moran stated that he would submit a memo to the Board for consideration regarding 50 additional units built after the required 150 - units, however, he is in favor of retaining the initial 1 50-unit requirement to obtain a Certificate of Occupancy. Ms. McNeely acknowledged that discussion on the Hotel - Motel issue was concluded. Attorney Bennett stated that Section 110 -137 through 139, "Procedures for Rezoning," is in need of revision. He will submit a draft ordinance to repeal the current ordinance and adopt the State law. Mr. Moran expressed a need to revise the sign code. He announced that the next schedule meeting on October 8 th would combined Planning and Zoning and the Local Planning Agency meeting. City of Cape Canaveral, Florida Planning and Zoning Board Minutes Sep-tember 24, 1997 Page 4 There being no further business, the meeting adjourned at 8:20 P.M. Approved on this 12 day of kc)yf.- m 6e-r , 1997. eatrice McNeely, CHAIRPERSON Susan Stills, Deputy City Clerk Acting Secretary CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES OCTOBER 8, 1997 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on October 8, 1997 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Lamar Russell Donald Bergen Joe Elliott John Fredrickson Leo Nicholas Rocky Randels Tony Hernandez OTHERS PRESENT John Porter Bennett Boucher G. J. Moran Nancy Hanson Todd Peetz Kohn Bennett Susan Chapman PUBLIC HEA RING: Chairperson Vice Chairperson Delegate at Large Delegate at Large Mayor City Manager Building Official Recreation Director City Planner City Attorney Board Secretary 1. Recommendation to the Planning & Zoning Board to Amend the Comprehensive Plan Future Land Use Map of Lot 1, Block A, Subdivision 01, Section 23, Township 24 South, Range 37 East (204 Longpoint Road) - Bennett C. Boucher, Representative for the City of Cape Canaveral. Chairperson McNeely stated for the record that proper notice had been given of this meeting; the Board would have respect for all opinions; however, the Board was looking for competent substantial evidence regarding this matter and presentation of facts; the property had been identified along with the description of the land; exhibits needed to be identified; if experts were giving testimony, their credentials needed to be stated. LOCAL PLANNING AGENCY MEETING MEETING MINUTES OCTOBER 8, 1997 PAGE 2 Todd Peetz, City Planner; Corporal Robert Barry, Brevard County Sheriff's Department; and Nancy Hanson, Recreation Director; Michelle Lehr, Donald Arabian, Christy and Robert Raber, citizens were sworn in by City Attorney Bennett. City Manager Boucher explained that the Board had a request before them on behalf of the City of Cape Canaveral for an amendment to the future land use map designating the property identified from R -3 to Recreation. Mr. Boucher introduced Todd Peetz, City Planner as an expert witness. City Planner Peetz, with Ivey, Harris and Walls, Inc. explained that he has been retained by the City regarding many future planning issues. His experience in planning included a B.A. in Geography from Kent State University and a Masters in City and Regional Planning from Ohio State University; his first position with Brevard County was working in the Planning Division for 6 1/2 yrs., while working with Brevard County, he worked with the City preparing their Evaluation and Appraisal Report (EAR) and a future redevelopment plan. Mr. Peetz handed his resume to the Board Secretary. He advised that he performed the data analysis for the small scale plan amendment and provided a future land use map depicting the subject parcel to be changed from R -3 to Recreation and exhibiting the surrounding properties zoning districts (Exhibit A). Mr. Peetz also distributed a copy of the city's zoning map outlining the subject parcel (Exhibit B). He presented the data analysis and explained that this request was small scale plan amendment No. 975.2; located in Section 22, Township 24 South, Range 37 East, Subdivision 01, Block A, Lot 1; approximately 1/3 of an acre; current future land use was R -3 residential; the proposed future land use was Recreational /Public; the current zoning was R -3 residential; the subject parcel was presently vacant; the parcel will serve_ as a buffer between commercial and the residential area; the parcel intent was to be used as a neighborhood park; a wooden fence existed and a chain link fence was proposed that would further physically separate the adjacent land uses as well as a proposed vegetative buffering around the fenced area; the city's level of service was one acre of park land per 1,000 people; as of 1997, the city had 8,492 residing with 14 acres of existing park land, equating to 1.65 acres of park land per 1,000 people; the proposed amendment would enhance the level of service (LOS) to .169 acres pet 1,000 people; AlA was currently running on a level "C" with 1,858 trips per day; the maximum acceptable LOS is "E ", 2,940 trips per day; this proposed amendment would only generate 1.05 trips per day and would not create a traffic deficiency, based on the type of park and parcel size; there would be no change to the existing LOS of waste water treatment anticipated because the park will not have sewer facilities at this time; there would be no change to the existing LOS in water capacity because the park will not have water facilities at this time; the County does not foresee any deficiency with their solid waste facility since minimal solid waste is expected to be generated; the subject parcel is vacant; however, it was improved and is centrally located _ between existing development; the Brevard County Soil Survey Map categorized the subject parcel as Urban Land; the parcel is .35 of an acre; there are no endangered species living in or LOCAL PLANNING AGENCY MEETING MEETING MINUTES OCTOBER 8, 1997 PAGE 3 around the parcel; there are no known historic or archaeological sites located on site; the proposed amendment is one parcel, comparable to one residential lot and will not affect population projections; and this amendment was consistent with applicable Future Land Use, and Recreation and Open Space Objectives of the Comprehensive Plan. Brief discussion followed regarding Mr. Peetz' analysis. Mr. Peetz added that a "neighborhood park" was basically identified as a park to serve people who walk within a 1/2 mile radius and designed for children 5 to 12 yrs. old. He clarified that a park was a permissible use in the R -3 zoning district by special exception. Michelle Lehr, 210 Longpoint Road stated that she was in opposition of the park being located on Longpoint Road; presently there was litigation against the City regarding the park issue; her attorney was unable to be at the meeting; however, he gave her points to bring to the Board's attention; due to personnel illness she was unaware of this meeting until the day before this meeting and she was not considered an expert witness. She testified that the parcel was .288 acres, not .35 excluding the right of way or easement that belongs to the City, information obtained from the Brevard County Tax Rolls. Mr. Russell queried how the size was germane to the issue. Ms. Lehr responded that it was not reputed prior and that regardless of how much other recreation land that the City had, that the standards in the comprehensive plan was one acre per 1,000 people for each use, not a combined use divided by the population. She pointed out that the subject parcel was far less than one acre and there were more than 1,000 people around the area that would have access to the park across AlA and West of AIA. Ms. Lehr further testified that the recreational use would constitute spot_ zoning and would benefit only a small segment of the population; would be inconsistent with the residential character of the neighborhood; the existing land use designation was not shown to be incompatible with the surrounding land use; according to the comprehensive plan, City official's felt the existing parks are under used; citizens were not complaining of lack of facilities; the recreational land use of Lot 1 would be inconsistent with other elements of the Comprehensive Plan; other adequate recreational land use existed pursuant to the Comprehensive Plan; other land should be considered for recreational land use, since Lot 1 if amended, would be incompatible with uses to the west and east of the property; there was an alternate property located in the area where the playground was most needed by the 25 to 35 children on Columbia Drive; this alternate lot is located in the middle of a block, away from traffic on a street that needs a park; there were no children, under the age of 14 living on Longpoint Road; the park was not consistent with the residents of Longpoint Roads' style of living; there was no available parking; the park is presently located adjacent to high voltage from a transformer, lift station and emissions pollutants which were hazards to the health, safety and welfare of the public which should be the City's first concerns; there was no one in her neighborhood that would use the park; the City had a responsibility to all its citizens to make all of the facts known; no substantial changes had LOCAL PLANNING AGENCY MEETING MEETING MINUTES OCTOBER 8, 1997 PAGE 4 occurred which would justify a land use change; the present playground can not be justified since it exists prior to the comprehensive plan change; under the present code, the City would require new developments to provide recreational facilities for its residents. Ms. Lehr compared Lot 1, Longpoint Road with an alternate lot where a park could be located on Columbia Drive. She entered Recreational Board Meeting Minutes, September 28, 1992 (Exhibit A). Ms. Lehr questioned if the City was now the property owner of Lot 1. Mr. Boucher responded that the City was the leasee of the property. Ms. Lehr requested a copy of the notarized affidavit from the owner authorizing the city to act on her behalf for the change to the Comprehensive Plan. Ms. Lehr respectfully requested that the Board postpone its recommendation concurrent with the Motion for Stay granted by the Board of Adjustments for the stay of use of the park until the court has made a decision about whether the park will be there or not. She reiterated that this request was considered "spot zoning" which was illegal and in violation of Section 1.63'F.S. and if the City pursued for the amendment to the comprehensive plan for the recreational use of Lot 1, Longpoint Road, the residents of Longpoint Road would make formal charges against the City with the Florida Department of Community Affairs for violation of the 1985, Gross Management Act. Attorney Bennett clarified that this was a request to amend the "fixture" land use map, not change the current zoning of the property. Chairperson McNeely clarified that opinions needed to be justified with facts and competent substantial evidence. City Manager Boucher advised that City Council was acting on behalf of a- 'majority of the residents of the neighborhood. He submitted a total of (34) citizen requests in favor of the Longpoint Road Neighborhood Park (Exhibit A). Mr. Boucher entered into the record the memorandum from the Recreation Director, dated June 3, 1997, addressed to City Council, stating that the Recreation Advisory Board, at their June 2, 1997 meeting, unanimously recommended to the City Council that this park be approved (Exhibit B).. Mr. Boucher advised that a majority of the requests were from residents from Columbia Drive and none were from residents of Longpoint Road. Attorney Bennett clarified that meeting minutes were factual and not considered expert testimony. Mr. Boucher explained the procedure of this administrative reclassification of the future land use map. He added that this action was considered a separate action from the Board of Adjustments granted Stay. Attorney Bennett clarified that the court judge had ruled that all of the opponents arguments regarding inconsistency were not timely, not allowed and its the wrong forum. There was only one issue before the judge. He advised that Ms. Lehr was incorrect in stating that the judge would determine whether or not -its use. The only issue before the judge was whether or not there was a fair hearing at the Board of Adjustment meeting. If the judge determined that there LOCAL PLANNING AGENCY MEETING MEETING MINUTES OCTOBER 8, 1997 PAGE 5 was not a fair hearing, then he will simply Order a rehearing, he will not Order the non -use. There were no other issues for the judge to render a decision regarding this issue. Building Official Moran asked Mr. Peetz to give a definition of a "neighborhood". Mr. Moran stated that he never heard of a neighborhood being considered one street. Mr. Peetz advised that the City described a "neighborhood" as a 1/2 mile radius. Mr. Peetz advised that the City was procedurally correct in this request. Mr. Fredrickson questioned the Recreational Board Meeting Minutes of September 28, 1992, why, if the Board did not feel at that time, it was not a good place to build a park, how come it was suddenly a good place to build it there now. Attorney Bennett responded that obviously the Board reconsidered the location and changed their mind. Mr. Randels added that the majority of . the Board members had changed. Christy Raber, 215 Longpoint Road questioned what changed since 1992 to make this land desirable in 1997. Attorney Bennett responded that she needed to address that question to the Recreation Board. She questioned since there were two pieces of land discussed for a park, why the City was only considering changing one of them on the future land use map, especially since the park was more needed on Columbia Drive. Chairperson McNeely stated that the Board could not answer that question. She also questioned why the residents of Longpoint Road were not notified to present letters at this meeting like the people on Columbia Drive that were entered as an exhibit at this meeting. Mr. Bennett responded that the letters were not orchestrated. He explained that since the park was closed, the people had come into City Hall with their letters petitioning the City to have the park reopened. Mr. Raburn stated that all the attempts from the residents of Longpoint Road had been ignored. Vice Chairperson Russell questioned if this public meeting had been published in the newspaper. Chairperson McNeely advised that the proof of publication was included in the Board packets. Mr. Russell explained that if the opposition saw that publication and they chose to submit a packet of letters or evidence, they could do that. He clarified that it was a public notification. Ms. Raburn stated that she could not understand why the City chose the lot on Longpoint, especially since the lot on Columbia Drive had been offered to the City for a cheaper price of $79,000. Mr. Boucher responded that he had no proposal from any owner offering that property. Mr. Boucher added that the property on Longpoint was well under the amount the City received from the grant money and that the City had looked at alternative sites. Mr. Boucher explained that the lot on Longpoint had a lot of vegetation and nice shady trees, the City planned to plant a vegetative buffer, and was a perfect setting for a nice park. Donald Arabian, 209 Longpoint Road, stated that he envisioned that the question before the - Board was where the park should- be located. He testified that he personally talked to the owner of the lot on Columbia Drive and the owner had stated that no one had ever contacted him about LOCAL PLANNING AGENCY MEETING MEETING MINUTES OCTOBER 8, 1997 PAGE 6 that property. He advised that the owner would sell it for about the same price as the property on Longpoint Road. He quoted the price of $84,500 for the lot on Columbia Drive. Ms. Raber left the meeting to obtain the name and number of the property owner. Ms. Raber handed the owner's name and phone number to the Secretary. Brief discussion followed. Attorney Bennett clarified that if the Board wished to pursue the other lot, they would need to initiate a new ordinance -and re- advertise the public hearing. Ms. Lehr testified that the residents of Longpoint Road had presented a compromise to the City Manager, prior to any litigation being started and also to Mayor Pro -Tem Randels, to be presented to City Council on the residents of Longpoint Roads' behalf for a passive park and it - would not have had a playground. They had offered to plant vegetation and install walkways and benches making it into a passive park. They never heard anything back regarding the offer. Discussion followed. Ms. Lehr advised that a passive park would not be conducive to the kind of atmosphere that children would want to come and play at because there would be no playground equipment. She reiterated that she wished that the Board not make a decision, in order to give the residents of Longpoint Road to come back with their attorney and make a proper presentation. Attorney Bennett pointed out that the Local Planning Agency would only make a recommendation in this matter to City Council. Chairperson McNeely clarified for Ms. Lehr that having an attorney did not justify having an expert witness. Mayor Porter testified that this park was one of the issued he pushed for since the early days when he was a council member in that the City needed a park on West side of AIA. He had heard a lot of talk about the alternative property on Columbia. He advised that the City had approached the owner and asked if he would rent the lot to the City while the City went about applying for grants because, the City was not going to take money from the treasury to buy a piece of property for this neighborhood park, because it was not a budgeted item. He added that the City thought it would be a good strategy to rent the property until the grant was acquired as it could take years to bring in the grant. The property owner had responded "no, absolutely not" The City had considered property at the West end of Longpoint. The residents did not want it their either. He advised that the lot on Longpoint was an ideal location, with - beautiful trees, a city right of way giving access to the children from Columbia Drive and it was a well documented problem that the City needed a park in that area. He recalled that when the passive park was presented, that attitude was that if the City did not accept their offer, then they were going to sue the City. He added that a this park served a neighborhood not just one street. Discussion followed. Mr. Hernandez clarified that the playground equipment was moved into the City right of way as requested by the residents close to the park. LOCAL PLANNING AGENCY MEETING MEETING MINUTES OCTOBER 8, 1997 PAGE 7 Robert Raber, 215 Longpoint Road, asked the Board to postpone any recommendation until they could provide an expert witness with expert opinions. Chairperson McNeely reiterated that this Board would only be making a recommendation regarding this matter. Chairperson McNeely recapped that it was pointed out to the Board the many opinions had been entered into this request. She advised that the Board should be very selective in what they chose to make their decision on. Motion by Mr. Hernandez, seconded by Chairperson McNeely to recommend approval to amend the Comprehensive Plan Future Land Use Map of lot 1, 204 Longpoint Road as presented in Proposed Small Scale Plan Amendment 97S.2 to the Planning & Zoning Board. Motion carried by majority vote with members voting as follows: Donald Bergen, for Joe Elliott, for John Fredrickson, against Tony Hernandez, for Bea McNeely, for Leo Nicholas, for Rocky Randels, for Lamar Russell, for There being no further business the meeting was adjourned at 9:50 P.M. Approved this as day of OCAO)Oex , 1996. 7z�_ Susan L. Chapman, Secretary `Beatrice McNeely, Vice Chairman �. <_ CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING OCTOBER 8, 1997 7:30 P.M. A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on October 8, 1997 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 John Fredrickson Donald Bergen Joe Elliott Leo Nicholas Chairperson Vice Chairperson Alternate OTHERS PRESENT John Porter Rocky Randels Bennett Boucher Todd Peetz G. J. Moran Kohn Bennett Susan Chapman Mayor Mayor Pro -Tem City Manager City Planner Building Official City Attorney Secretary NEW BUSINESS Motion to Approve: Revised Site Plan of AJT Corporate Headquarters, Parce 756, (8900 & 8910 Astronaut Boulevard) - Richard Wood, V. P., AJT & Associates, Inc., Applicant The Board members reviewed the revised site plan of AJT Corporate Headquarters. Mr. Moran advised that the revisions to the original site plan included: a realignment of the entryway, requiring drainage modifications, which had been approved by the St. Johns River Water Management district; the stories were reduced from four floors to three floors; however, the building height remained the same; parking spaces from beneath the structure were relocated to other locations on the site; and the location and graphics of the proposed sign were changed. He added that city staff recommended approval of the revised site plan. Motion by Mr. Russell, seconded by Mr. Elliott to approve the revised site plan of AJT Corporate Headquarters as submitted. Vote on the motion carried unanimously. _PLANNING & ZONING BOARD MEETING MINUTES _ - `OCTOBER 8, 1997 PAGE 2 2. Motion to Approve: Site Plan of Call One Storage Building, Parcel 758, (8810 Astronaut Boulevard) - William Mays, Owner, Quest Enterprises, Inc. Applicant The Board members reviewed the submitted site plan. Mr. Moran advised that the request was for a 3,360 sq. ft. storage building, for the use of the tenants in 8810 Astronaut Blvd. He clarified that this was not a mini - storage warehouse and not for rental to the public, which was prohibited per city code. He further advised that city staff recommended approval of this request with the stipulation that the building be utilized by the occupants of 8810 Astronaut Blvd. strictly for storage. Mr. Mays agreed with the provision. Motion by Mr. Russell, seconded by Mr. Elliott to approve the site plan for Call One storage building with the aforementioned stipulation. Vote on the motion carried unanimously. 3. Recommendation to City Council to Amend Section 110 -137, Procedures fo Rezoning. The Board members reviewed the proposed amendment to Section 110 -137, Procedures for Rezoning. Attorney Bennett advised that the procedure for a zoning classification change or any comprehensive plan amendment would be the procedure as adopted or promulgated by the State of Florida, Chapters 163 and 166, Florida Statutes. Brief discussion followed regarding the proposed amendment. Motion by Mr. Elliott, seconded by Mr. Fredrickson to recommend approval to amend Section 110 -137. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 8:07 P.M. Approved on this day of f ovet -tBa 1997. " 1 6L Beatrice McNeely, Chairperson Susan L. Chapman, Secretary -�= CITY OF CAPE CANAVERAL - PLANNING & ZONING BOARD REGULAR MEETING OCTOBER 8, 1997 IMMEDIATELY FOLLOWING THE LOCAL PLANNING AGENCY MEETING A meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on October 8, 1997 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 9:52 P.M. by Chairperson McNeely. The Secretary called the roll. . . . Beatrice McNeely Lamar Russell John Fredrickson Donald Bergen Joe Elliott Leo Nicholas Chairperson 'Vice Chairperson Alternate OTHERS PRESENT John Porter Rocky Randels Bennett Boucher Todd Peetz G. J. Moran Kohn Bennett Susan Chapman Mayor Mayor Pro -Tem City Manager City Planner Building Official City Attorney Secretary NEW BUSINESS 1. Recommendation to City Council to Amend the Comprehensive Plan Future Land Use Map of Lot 1, Block A, Subdivision 01, Section 22, Township 24 South, Range 37 East, (204 Lon point Road) - Bennett C. Boucher, Representative for the City of Cape Canaveral. City Manager Boucher respectfully requested that the Board recommend approval to City Council to amend the Comprehensive Plan Future Land Use Map of Lot 1, 204 Longpoint Road. The Board complemented City Planner Todd Peetz for his thoroughness and professionalism in preparing this amendment. Motion by Mr. Russell, seconded by Mr. Elliott to recommend approval of Ordinance 12 -97 to City Council. Vote on the motion carried unanimously. .-PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 8, 1997 PAGE 2 Mr. Boucher advised that the next LPA meeting would be a workshop to review the data analysis of the proposed C -2 zoning district large scale comprehensive plan amendment. He explained that the proposed C -2 zoning classification would include an ordinance establishing the new zoning district and an ordinance amending the affected tables and policies of the comprehensive plan. He added that the Board would be reviewing the Evaluation and Appraisal Report (EAR) for comprehensive plan amendments beginning in November. There being no further business, the meeting was adjourned at 10:04 P.M Approved on this 12. day of NoyE"Ej?, 1997. Beatrice McNeely, Chairperson ` U Susan L. Chapman, Secretary CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES OCTOBER 22, 1997 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on October 22, 1997 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Lamar Russell Donald Bergen Joe Elliott John Fredrickson Leo Nicholas Rocky Randels MEMBERS ABSENT Tony Hernandez OTHERS PRESENT John Porter Bennett Boucher G. J. Moran Todd Peetz Susan Chapman APPROVAL OF MINUTES Chairperson Vice Chairperson Arrived Late Delegate at Large Mayor City Manager Building Official City Planner Board Secretary Motion by Mr. Russell, seconded by Mr. Bergen to approve the meeting minutes of May 28, 1997. Vote on the motion carried unanimously. Motion by Mr. Bergen, seconded by Mr. Elliott to approve the meeting minutes of June 11, 1997. Vote on the motion carried unanimously. Moiton by Mr. Russell, seconded by Mr. Bergen to approve the meeting minutes of October 8, 1997, as amended. Vote on the motion carried unanimously. Local Planning Agency Meeting Minutes October 22, 1997 Page 2 DISCUSSION- 1. Discussion Re: C -2 Comprehensive Plan Amendment. Mr. Peetz gave an overview data analysis of Proposed Large Scale Plan Amendment CPA98 -A which included: locations; acreage; current and proposed future land use; current and proposed zoning; description of amendment areas; public services and facilities in amendment areas, including roads, waste water facilities, potable water supply, solid waste and recreation facilities; environmental description of amendment areas; historical and archeological resources in amendment areas; population projections and trends; and consistency with the Comprehensive Plan, including the Future Land Use Map, internal consistency of the plan, changing Table 9 -1 and Future Land Use Element text and Policy LU -3.3 of the Comprehensive Plan. Mr. Peetz pointed out that the proposal included 129 acres which equaled 10% of the city's total land area. He explained that of that acreage, 76 1/2 acres were developed and 52 acres were vacant. He further explained that this change was considered a legislative action and not quasi judicial. Discussion included: amortization of the tank farm located on the northeast section of the city, buffering around the tank farm, and the possibility of contaminated soil. Discussion was also held regarding reserving the right -of -way along Ridgewood Avenue for future use as a pedway and an emergency evacuation route. The Board members reviewed and discussed the proposed Future Land Use map which depicted the areas to be designated as the proposed C -2 zoning district. By consensus, all the Board members agreed to go forward with the recommendation to change the proposed areas as outlined on the proposed Future Land Use map designated C -2. Mayor Porter thanked the Board for their dedication and hard work. He then presented Chairperson McNeely with a Proclamation proclaiming October 25, 1997 as "Honor Our Volunteers Day ". There being no further business, the meeting was adjourned at 9:30 P.M. Approved on this a S day of 199,7) � rt Beatrice McNeely, Chairperson Susan L. Chapman, Board Secretary CITY OF CAPE CANAVERAL LOCAL PLANNING AGENCY MEETING MINUTES NOVEMBER 12, 1997 A Meeting of the Local Planning Agency of the City of Cape Canaveral, Florida, was held on November 12, 1997 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Chairperson Donald Bergen Joe Elliott John Fredrickson Rocky Randels Delegate at Large Tony Hernandez Delegate at Large MEMBERS ABSENT Lamar Russell Vice Chairperson Leo Nicholas OTHERS PRESENT Bennett Boucher Kohn Bennett Todd Peetz G. J. Moran Susan Chapman NEW BUSINESS: City Manager City Attorney City Planner Building Official Board Secretary 1. Recommendation to the P & Z Board to Approve Proposed Ordinance 11 -97, Establishing a C -2 Commercial /Manufacturing District. The Board members reviewed the proposed draft which Mr. Peetz had amended based on the Board's recommendations at their previous meeting. Mayor Randels questioned if residential use would be allowed in the new proposed C -2 zoning district. Attorney Bennett clarified that there was no residential in the proposed C -2 zoning designation. Local Planning Agency Meeting Minutes November 12 1997 Page 2 Mr. Hernandez suggested that the draft include a definition for acceptable parks. Discussion followed regarding excluding amusement parks from the proposed draft. Mr. Hernandez voiced his opinion that he did not want the city's main corridor developed as an attractive commercial recreation area. Mayor Randels agreed. After further discussion, the Board members agreed to define the type of acceptable parks and exclude amusement parks from the proposal. Motion by Mr. Fredrickson, seconded by Mr. Bergen to recommend that the Planning & Zoning Board recommend approval of the proposed C -2 zoning district, including the changes as discussed. Vote on the motion carried unanimously. 2. Recommendation to the P & Z Board to Approve Proposed Large Scale Plan Amendment CPA99 - . Mr. Peetz gave an overview of the revised proposed Future Land Use Map. Discussion was held regarding level -of- service standards for the proposed R -3 zoning change to the Future Land Use Map. The Board members also discussed designating the property just North of Shorewood Condominiums as R -3. After discussion, by consensus, the Board agreed to delineate that portion of the City to R -3 on the Future Land Use Map. Motion by Mr. Fredrickson, seconded by Mr. Hernandez to recommend approval of the proposed Large Scale Plan Amendment CPA98 -A incorporating the recommended changes as discussed. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 9:12 P.M. Approved on this day of F e VI) . r � C� r `{ 1 1998. Z[ �t -C f /� McNeely, Chairperson Susan L. Chapman, Board Secretary CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING NOVEMBER 12, 1997 7:30 P.M. A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on November 12, 1997 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 9:19 P.M. by Chairperson McNeely. The Secretary called the roll. I►�il��i13�3. ' :. Beatrice McNeely Chairperson John Fredrickson Donald Bergen Joe Elliott Lamar Russell Vice Chairperson Leo Nicholas Alternate OTHERS PRESENT Rocky Randels Bennett Boucher Todd Peetz G. J. Moran Kohn Bennett Susan Chapman Mayor City Manager City Planner Building Official City Attorney Secretary APPROVAL OF MEETING MINUTES September 8, 1997 - Motion by Mr. Fredrickson, seconded by Chairperson McNeely to approve the meeting minutes of September 8, 1997. Vote on the motion carried unanimously. September 24, 1997 - Motion by Mr. Bergen, seconded by Mr. Fredrickson to approve the meeting minutes of September 24, 1997. Vote on the motion carried unanimously. Both meetings of October 8, 1997 - Motion by Mr. Elliott, seconded by Mr. Bergen to approve the minutes of both meetings held on October 8, 1997. Vote on the motion carried unanimously. PLANNING & ZONING BOARD MEETING MINUTES NOVEMBER 12, 1997 PAGE 2 NEW BUSINESS Recommendation to City Council to Approve Proposed Ordinance 11 -97, Establishing a C -2 Commercial /Manufacturing District Motion by Mr. Fredrickson, seconded by Mr. Elliott to recommend approval of proposed Ordinance 11 -97, incorporating the changes recommended by the Local Planning Agency to the City Council. Vote on the motion carried unanimously. 2. Recommendation to City Council to Approve the Proposed Large Scale Plan Amendment CPA98 -A. Motion by Mr. Fredrickson, seconded by Mr. Bergen to recommend approval of proposed Large Scale Plan Amendment CPA98 -A, incorporating the changes recommended by the Local Planning Agency to the City Council. Vote on the motion carried unanimously. 3. Motion to Approve Site Plan for Kelsey's Restaurant. The Board members reviewed the submitted site plan. Discussion included: sidewalks being noted on the plan, but not being shown; the sewer easement needed to be granted to the property owner from the adjacent property owner and recorded with the Brevard County Clerk of Circuit Court, prior to a building permit being issued, landscaping; and it was suggested that the signage be included with the Community Appearance Board application when the main structure is being considered. Motion by Mr. Fredrickson, seconded by Mr. Bergen to approve the site plan for Kelsey's Restaurant with the following conditions: 1. A recorded sewer easement shall be provided to the City prior to permitting. k 2. Sidewalks shall be installed as required. Vote on the motion carried unanimously. DISCUSSION: Discussion Re: Proposed Amendments to Chapter 94, Signs Mr. Moran explained that the proposed ordinance would clear up vague areas in the existing sign code. He suggested that the Board read his memorandum outlining the proposed changes and review the proposed ordinance to be discussed at the next meeting. PLANNING& ZONING BOARD MEETING MINUTES NOVEMBER 12, 1997 PAGE 3 There being no further business, the meeting was adjourned at 9:45 P.M. Approved on this - 1 - 1 day of ,1997. Susan L. Chapman, Secretary ' McNeely, Chairperson _ CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING DECEMBER 10, 1997 7:30 P.M. A Regular meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on December 10, 1997 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. g ama Beatrice McNeely Lamar Russell John Fredrickson Donald Bergen Joe Elliott Leo Nicholas Chairperson Vice Chairperson Alternate OTHERS PRESENT Kohn Bennett G. J. Moran Ed Gardulski Susan Chapman City Attorney Building Official Director of Public Works Board Secretary APPROVAL OF MEETING MINUTES Motion by Mr. Fredrickson, seconded by Mr. Bergen to approve the meeting minutes of November 12, 1997 as submitted. Vote on the motion carried unanimously. NEW BUSINESS: Motion to Approve a Preliminary Replat of Sea Era Segundo (previously approved by P & Z on March 26; 1996). The Board members reviewed the preliminary replat of Sea Era Segundo which had been previously approved by the Board on March 26, 1996. Mr. Moran explained that the preliminary plat had expired and was being resubmitted for re- approval. He added that none of the applicable codes had changed since the plat was originally approved on March 26, 1996. He stated that the city engineer and staff recommended approval of this resubmittal. Mr. Boucher, applicant, explained that he had made no changes to the plat and that he was under contract to purchase the property. Discussion was held regarding property ownership. Mr. Boucher agreed with a stipulation that he provide proof of ownership by providing a copy of the deed prior to submitting for building permits. PLANNING & ZONING BOARD "} - MEETING MINUTES DECEMBER 10, 1997 PAGE 2 Motion by Mr. Russell, seconded by Mr. Elliott to reapprove the preliminary replat of Sea Era Segundo with the condition that Mr. Boucher provide a copy of his title deed to the property. Vote on the motion carried unanimously. 2. Discussion and Motion to Recommend Amending Chapter 94, Signs of the Cape Canaveral Code of Ordinances - G. J. Moran, Buildina Official. Mr. Moran voiced his opinion that the sign code needed to be amended in its entirety. He recommended that the Board review and consider the proposed changes. He suggested that the Board schedule a workshop session with City Council to consider the changes he was presenting. He advised that efforts are continuing to bring the existing non - conforming signs into compliance and further, that his proposal would not, in any way, make an existing non- conforming sign conforming. Mr. Moran read each paragraph of the code and explained the proposed changes to the Board, through Section 94 -98, page 4 of his proposal. By consensus, the Board members would continue the review at the next scheduled meeting. DISCUSSION: Discussion Re: Proposed Amendment to Section 110 -567, Interior Landscaping for Off- Street Parking Areas of the Cape Canaveral Code of Ordinances - Ed Gardulski, Public Works Director. Mr. Gardulski explained that the Beautification Board was recommending that the City consider amending the City's Code Section 110 -567 to provide for larger diameter at breast height (dbh) size trees. The Board had voted unanimously in support of increasing the City's tree size requirements. They had recommended that large tree is increased from 2" to 4" diameter and the small species is increased from 1" to 2" in diameter. In addition, it was the desire of the Beautification Board that in the event that any tree planted under the existing code and has died must comply to the new code. He added that in consideration of the Beautification Board's recommendation, staff and City Council may need to be concerned with'the impact of the cost of changing the tree size requirements. Since it was difficult to visualize an overall tree size with a 4" diameter, Mr. Gardulski invited the Board members to look at different trees he had brought to the meeting which he had placed in the Sheriff's department garage. Mr. Bennett forebidded the Board members from discussion while they were viewing the trees, because discussion would be in violation of the Florida Sunshine Law. Chairperson McNeely called for a ten minute recess to look at the trees. Mr. Nicholas left the meeting at this time. The meeting reconvened at 8 :50 P.M. Mr. Moran reminded the Board members that there were no landscaping requirements for single family lots. Discussion followed. By consensus, the Board requested that staff perform additional research prior to bringing the recommendation back to the Board for consideration. PLANNING & ZONING BOARD MEETING MINUTES DECEMBER 10, 1997 PAGE 3 DISCUSSION FROM THE AUDIENCE: Mr. Arthur Berger, citizen, advised the Board that he had been approached by Mr. Andy Boecker from Wisconsin, who was interested in providing helicopter rides in the City. Mr. Moran advised that any use not specifically allowed by City Code was prohibited. He explained that a letter had been sent to Badger Helicopter, Inc. advising that their request to operate a helicopter tour service in the City of Cape Canaveral was presently not allowed by City Ordinances. In that letter, he had invited a representative of the company to attend this meeting and at the pleasure of this Board, be heard during the public input portion of the meeting. Mr. Andy Boecker, Director of Operations, Badger Helicopters, Inc., explained that due to the increase of business: related travel and tourism into the city's area, he would like to propose the establishment of a heliport in the City, with their company's primary goal being to operate as an executive charter operation under FAA guidelines. He explained that they contacted Mr. Berger to offer their services to the clientele that they would be catered to by the proposed new Wingate Hotel to be built on a northern site in the City. His firm felt very strongly that with all the new projects coming to the City such as Disney Cruise Lines, American World City Cruise Line, as well as private companies interest in launching private satellites, an operation like theirs would compliment the City and be an asset to the businesses in the entire area. Mr. Berger added that this heliport would add to the hotels accommodations. Chairperson McNeely suggested that Mr. Boecker save his money. She advised that there would be a high resistance to his request. The Board questioned the safety of our highly populated residential districts and stated that this business would considered a disservice to the citizens of the City. The Board members discussed past heliports previously allowed. There being no further business, the meeting was adjourned at 9:25 P.M. s Approved on this (}_ day of 1998. Susan L. Chapman, ecretary f Beatrice McNeely, Chairperson !'