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HomeMy WebLinkAbout1991 P & Z Meeting MinutesCAPE CANAVERAL PLANNIPtG & ZONING BOARD REGULAR MEETING JANUARY 9, 1991 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on January 9, 1991 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Arthur Berger Vice Chairman Richard Thurm Mary Wheeler Wayne Washburn Cecil Everett Alternate OTHERS PRESENT Edward Spenik City Manager Kohn Bennett Deputy City Attorney Thnmas K1 evi ng Building inspector Evelyn Hutcherson Code Enforcement Officer Susan Nelson Secretary Mr. Everett amended the minutes to read as follows: Mr. Everett stated in discussion item No. 1, that it was his opinion that the RPUD Ordinance be put to a test to see what the outcome would be. Mr. Thurm moved to approve the minutes of December 12, 1990 as amended. Ms. Wheeler seconded the motion. Motion carried unanimously. NEW__ Varia Request_ No, 91 -1_ to Construct Canopy over _ existing DLSp_ensing Island s__(Hi_ghway Oil Incb090 Ast_ronaut_Blvd..)_ Parcel 259 23_ Twp_ 24S _Rge . ,37E____C_ G. Platis,_ President Mr. Tate, representative for Highway Oil, Inc., explained that a canopy and islands were removed in order to remove and replace the underground tanks because the underground tanks did not comply with EPA State codes. He pointed out that other stations in the general area had canopies that did not meet the current setback_ requirements and that the closest portion of the canopy for Highway Oil would be approximately 13 feet into the setback. Mr. Tate.- stated that if the variance was not granted, it would impose a hardship to the business because of inconvenience to customers due to undesirable lighting and bad weather. He noted that the Building Department had approved the footer to anchor the canopy and that the footers had already been installed. The Board members reviewed photos of the canopy footers. Mr. Kleving, Building Inspector, commented that the applicant had applied for a building permit to install the footers and canopy. However, the application was turned down and no inspection was made of the footers because it was the Building Official's opinion that an inspection would be a tacit approval for the permit on erection of the canopy. The applicant had been instructed by the Building Official to have engineering approval on the footers and canopy drawing. Mr. Tate reiterated that the footers had engineering approval and certification. Planning & Zoning Regular Meeting January 9, 1991 Page 1 of 2 Mr. Kleving noted that it was the Building Official's interpretation that the canopy would encroach into the setback and The Board members reviewed photos of the proposed canopy and also existing canopies on stations in the general area. Mr. Berger commended the Building Department staff for taking photos and measurements of existing canopies in service stations in the area. Discussion followed. It was determined that since the structure was more than 50t destroyed, the replacement of the canopy had to comply with current regulations. Mr. Kleving and Ms. Hutcherson, Code Enforcement Officers, could not foresee any definable safety hazards it the variance was granted. It was Ms. Wheeler's opinion that the canopy would enhance the neighborhood and service station. The Board members reviewed the Zoning Regulations, Sections 641.23, Accessory Structures; 643. 05, Non-Conforming Structures; 64 3. 07 (B) , Non-Conforming Uses of Structures; and 641.21(E) Setback Encroachments. Discussion followed. It was the consensus of the Board members that the pumps and canoov were removed as a result of complying with EPA regulations to replace underground tanks; that a hardship existed which was not self-imposed; and that it was an irregular piece of property not easily usable for anything. Mr. Thurm moved to recommend approval of Variance Request No. 91 to the Board of Adjustment. Ms. Wheeler seconded the motion. Motion carried unanimously. There being no further business, the meeting was adjourned at 8:05 P.M. Approved this day of 1991. Chairman J k) Secretary Planning & Zoning Regular Meeting January 9, 1991 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING FEBRUARY 13, 1991 A Regular Meeting of the Planningr & Zoning Board of the City of Cape Canaveral, Florida, was held on February 13, 1991 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Russell_. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Arthur Berger Richard Thurm Mary Wheeler Wayne Washburn Cecil Everett Chairman Vice Chairman Alternate OTHERS PRESENT Ann Thurm Rocky Randels Edward Spenik Kohn Bennett James Morgan Susan Nelson Council Member Council Member City Manager Deputy City Attorney Building Official Secretary Ms. Wheeler moved to approve the minutes of January 9, 1991 as submitted. Mr. Everett seconded the motion. Motion carried unanimously. N BUSINESS 1. RP UD Request fo Pre iimina r_y_ Plan D evelo pme nt Application, a port of Parcels _753�753. 1 and 790 Sec. 15, Tw _p_ 245Rg_e_,_ 37E(_10 ±or - Acres behind Ocean Carpets) - Luis Lorie for Lorie & Associa Inc. Chairman Russell reviewed the RPUD submittal steps that had been followed. He noted Section 640.13(5), Review Criteria was the next step which needed to be addressed. The Board members reviewed the RPUD submittal to establish that the exhibits required in the Ordinance had been properly followed. In reviewing the submittal, it was pointed out that no easements would exist, until the land was platted. Mr. Kammarude, spoke for the applicant. He noted locations of adjoining developments. He stated that future off street parking would be contained on individual driveway(s) and /or garaae(s) within the RPUD development. Chairman Russell explained that the RPUD Ordinance was written as though a developer intended to build the entire project. Mr. Kammarude pointed out that the RPUD would be developed; the lots would be sold with deed restrictions; and an architectural committee would be formed to review any construction plans. He also noted that the construction plans would be reviewed by the Building Official. Mr. Kammarude explained that the site data was included on the submitted drawing noting that the common open space included a lake and an existing canal to the South of the property. The delineation of specific areas was designated as one stage. Mr. Kammarude explained that the preliminary plan would accommodate Planning & Zoning Regular Meeting February 13, 1991 Page 1 of 3 runoff by usina a curb /autter system with underground pipe and an aeration system so that all of the drainage would be stored on site with no out fall. He noted that the undeveloped site dr.ainaae presently discharaed into the existina lake. Mr. Kammarude stated that the secondary non - residential use, depicted on the submitted drawing totaled 1.58 acres, would be devoted to commercial use and presently had no development plans. Some of the Board members questioned whether commercial use could be considered as part of the RPUD request. Discussion followed. Mr. Kammarude noted that preliminary house sketches were submitted. However, it was impossible to foresee the exact structures that the individual owners would build on the lots. Mr. Kammarude noted that ever_ythina contained in Section 640.13 (2)(C) was included on the submitted Topographical Survey and that the enaineerina requirements would be included on a submitted site plan. He further noted that the arade of the property would be established and would conform with the Subdivision of Land Regulations and sold as individual buildable lots. Ms. Wheeler asked the developer who would oversee that the deed restrictions were enforced. Mr. Lorie answered that the developer would have full control until 27 lots had been sold. Mr. Eric Biewind, Associate for Lorie & Associates, Inc., advised that an owner could be sued by the people in the development if the owner did not follow the requirements specified in the deed restrictions. Attorney Bennett advised that the submitted deed restrictions did not meet the RPUD code. Mr. Biewind commented that the deed restrictions would need to be approved when the request, was ready for final approval. Discussion continued. It was Mr. Thurm's opinion that the submittal was inadequate until such time the non - residential area was included in the preliminary plan. Attorney Bennett advised against the Board changina the ordinance through interpretation by defining secondary non - residential use as commercial use. Discussion followed. Mr. Lorie stated that the land had been recorded and that the acreaae totalled 10.01 acres. He advised that the lot prices ranged from 527,000 to $78,000. Mr. Washburn announced that he would abstain from voting due to the fact that he was employed by the realty company hired by the developer to market the property. It was his opinion that single family deed restrictions were made to create better places to live for people who want to live in better places. It was Ms. Wheeler's opinion that the submitted deed restrictions were not thorough enough. Mr. Thurm read Section 640.01 of the RPUD Ordinance. If was his opinion that the intent was not to have conventional subdivisions scaled down in lot size. He also expressed his concerns reaardina the open space requirement. He noted that the developer was usina the canal as open space which conflicted with the ordinance. Mr. Kammarude stated that the canal was public and recorded with the Department of Transportation and that the canal was in the easement. He also noted that the proposed lake was 2.6 acres and would be utilized as an easement. He further noted that the sidewalks were not included in the open space calculations. Discussion followed. Planning_ & Zonina Regular Meeting February 13, 1991 Page 2 of 3 Chairman Russell summarized that the Board had the power to neaotiate and make allowances to the RPUD Ordinance to meet the criteria of this request. Ms. Wheeler gave her opinion of the RPUD submittal in reaards to Section 640.01 (A -F) . Chairman Russell polled the members for their opinions as to the RPUD submittal. Discussion followed. Mr. Lorie requested that all of the unsatisfactory items be addressed. Mr. Beraer summarized the items as follows: Secondary non - residential use totallina 1.58 acres; Retention areas, open space, green areas, sidewalks and the canal; and lack of creativity. Discussion followed. Mr. Lorie requested a five (5) minute recess in order to speak with the City Attorney. Chairman Russell granted his request at 9:30 P.M. The meetina reconvened at 9:40 P.M. Attorney Bennett advised that Mr. Lorie had offered to amend the RPUD submittal by deleting the commercial property and addina a five (5) acre parcel continuous to the residential land. Attorney Bennett suggested that since the application was amended, that the request be tabled until the next scheduled meeting. He requested that the developer submit the amended plan no later than seven (7) days prior to the next meetina. Discussion was held on the RPUD setback requirements. It was concluded that the setbacks be as follows: front, 25 feet; rear, 15 feet; and side, 6 feet. Ms. Wheeler noted that the 5 acre parcel of land was separated by a canal. Mr. Lorie reiterated that the land had not been subdivided and existed as one parcel. Discussion followed. Chairman Russell moved to table the RPUD request until the next scheduled meeting and that the developer submit an amended plan no later than seven (7) days prior to that meeting. Mr. Everett seconded the motion. Motion carried unanimously. 2. Sit Pl an Avvroval, Char lie's Plac L 16, Bloc 3� Sec_ _14 Twp. 245, Rqe_ _ 17E, Cap Can averal Bea Gardens - Unit 2 L- (8550 N. Atlantic Avenue) C harle s W. Pindziak, O wner Chairman Russell announced that the applicant had requested this item be tabled. There being no further business, the meeting was adjourned at 10:00 P.M. Approved this _ 27TN day of _ Yl u�Gl/LL� 1991. - d, Chairman Secretary Planning_ & Zonina Regular Meeting February 13, 1991 Page 3 of 3 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING FEBRUARY 27, 1991 A Reaular Meeting of the Plannina & Zonina Board of the City of Cape Canaveral, Florida, was held on February 27, 1991 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meetina was called to order at 7:30 P.M. by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Arthur Beraer Vice Chairman Richard Thurm Mary Wheeler Cecil Everett Alternate Fred DiStasio Alternate MEMBERS ABSENT Wayne Washburn OTHERS PRESENT Ann Thurm Council Member Rocky Randels Council Member Andy Kedzierski Council Member Kohn Bennett Deputy City Attorney James Morgan Buildina Official Thomas Klevina Buildinq Inspector Susan Nelson Secretary Mr. Beraer moved to approve the minutes of February 13, 1991 as submitted. Mr. Everett seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. RPUD Request for Prelimin _ Pl_an_Development A_plication,_ - a _. portion of Par ce 753_ 753._ 1_ and _790,_$ec_l ._5, Twp, 37F, (10 + or Acres behind Ocean Carpets) Luis Lorie for Lorie & Associates, Inc. Chairman Russell reviewed the contents of the RPUD submittal to establish that the questions from the previous meetina had been addressed to the Board's satisfaction. Mr. Kammarude from 1 -1 & K Draftina, spoke for the applicant. He noted that there were no commercial structures within the RPUD and the common open space contained 2.5 acres and included arass area, canal- and a lake. Mr. Kammarude stated that the applicant had requested that the side setback requirements be reduced from 25 feet to 15 feet (as permitted per Ordinance 640.09(D) on lots numbered 21, 22 & 33 in Stage 1 and lot number 1. in Stage 2. He further requested that the perimeter of the propryrty be reduced to 15 feet in the rear setback. Plannina & Zonina Reaular Meetinq February 27, 1991 Page 1 of 4 The Board members discussed the allocated open space. Mr. Lorie, for Lorie & Associates, Inc., stated that the owners livi_na in the north section of Stage 1 would need to walk, bicycle or drive to the open space in Stacie 2. Fie rioted that a footbridge would not be acceptable over the canal due to the fact that people would need to walk through an owner(s) property in order to get across the bridge. It was Mr. Thurm's opinion that the upscale homes would be an asset to the community. Mr. Lorie stated that Stages 1 and 2 would be incorporated. He noted that his firm had taken deposits on some of the lots and that the deed restrictions were part of the exhibits. Attorney Bennett reviewed that at the previous meeting, he had advised Mr. Lorie that the deed restrictions dial not, meet the RPUD code. He further advised that the deed restrictions were not required to be. part of the final record at this stage of the RPUD review. Mr. Lorie reiterated that he was aware of the requirements. Mr. Kammarude noted that the widening of A1A would not encroach on any of the lots. It was Mr. DiStasio's opinion that the City would benefit from nice single family neighborhoods and could not afford not to approve this RPUD request. Mr. Lorie stated that parking would be provided within the open space of Staae 2. He noted that the allocated parkina would be included in the Site Plan. lie further noted that a six (6) foot wall would be provided around the perimeter of the property and extended to the cul -de -sac where Treasure Island's picnic area begins to avoid owners utilizina Treasure Island's amenities. Attorney Bennett inquired if Mr. Lorie tentatively planned to begin Staae 2 after Stage I was developed. Mr. Lorie responded that as soon as the land development was completed in Stage 1, Staa_ e 2 would beain immediately. Mr. Thurm asked Mr. Lorie if there was anythina on the deed restrictions from previous developers. Mr. Lorie answered that there were not. Mr. Thurm moved to recommend approval of the preliminary RPUD request for Hidden Bay to the City Council. Mr. Bera_er seconded the motion. Discussion followed. Councilman Randels stated that his wish was one of approval. He noted that he would riot receive any financial aain from approval of this development. He believed that this concept complied with the City's philosophy for future development by reducing density, promotina upscale homes, and that the City desired quality rather than quantity. He reviewed that all storm water would be stored on -site and that all of the Board members concerns had been addressed. He read sections of Reaulation 640.01, RPUD Purpose and Intent. It was Mr. Randels opinion that in order to obtain a. sina3_e family development of this hiah quality si_nale family development. Mr. Lorie briefly outlined the contents of the deed restrictions and explained the concept of the wall as requested by Ms. Marian Centuori, an owner at Treasure Island Club. Ms. Centuori submitted a letter dated January 30. 1991 from Lorie & Associates, Inc. to the President of Treasure Island Club Condo. Association, reaardina an aareement between Treasure Island Club Association and Ross of Brevard, along with a response letter dated February 4, 1991. Plannina_ & Zoning Regular Meeting February 27, 1991 Paae 2 of 4 Mr. Kammarude stated that Ms. Centuori's concern was regarding a piece of property with a perpetual agreement that stated that the picnic tables, park benches and seawall, remain as an easement for Treasure Island Club. He noted that Mr. Lorie would not touch this easement. He further noted that there was no agreement with Treasure Island Club or the City for the property north of the cana I . He stated that the City Clerk had all the null and void documents on this north property. Chairman Russell called for a ten minute recess to allow the City Attorney to read the two (2) letters and give his legal opinion. The meeting reconvened at 8:15 P.M. Attorney Bennett advised that he read the two (2) letters that referred to actreements that he did not have and that they referred to properties he did not have descriptions of and that the letters did not tell him anything about the property in question. Attorney Bennett requested that Treasure Island provide documents. He advised that his review would be limited to the interest of the City. Discussion followed. Motion carried unanimously. Chairman Russell. requested the Mr. Lorie add the setbacks to the general data on the RPUD plan. NEW BUSINESS 1. Preliminary Site Plan Approval Louis Rogers, Inc. , Industrial building, ortileast of 357 Imperial Blvd.) Marc C. Dick from Stottler Staaq & Associates for Louis Roaers. Inc.. Owner Mr. Roy Cowell, Senior Vice President from Stottler Staqcr & Associates, voiced his concern that the City Engineer comments were not returned to the City within the 14 days specified in Ordinance 645.05(B)(3), Site Plan Submittal & Review Procedures. He stated the company he represented could not foresee any difficulties responding to the comments. He respectively requested that the Board review the preliminary Site Plan and vote contingent upon meeting all the requirements of the City Engineer's. Discussion followed. The Chairman granted his request for the Board to review the preliminary Site Plan. The Board members reviewed the preliminary Site Plan. Discussion followed. Mr. Berger moved to approve the preliminary Site Plan contingent upon the City Engineer's comments being satisfactorily addressed. 11s. Wheeler seconded the motion. Motion carried unanimously. DISCUSSION 1. Discussion Re: Establishing Landscaping Reaqlations Chairman Russell summarized the contents of the landscape regulations. Since all of Board member's had not read the landscape regulation, it was the consensus of the members that this item be postponed until the next scheduled meeting. 2. Discussion Re: Amendina Section 641.43 of the Zoning R egu L ations Since all of the Board members hid not had an opportunity to review the landscape regulations, it was the consensus of the Board that this item be postponed until the next scheduled meeting. Chairman Russell welcomed Mr. Fred DiStasio to the Planning & Zonina Board. Plannina & Zonina Reaular Meeting February 27, 1991 Page 3 of 4 Mr. Leo Nicholas, a citizen, voiced his opinion reaardina special. exceptions. He stated that a special exception adds to the value of the property and that a special exception should have an expiration date. Councilman Randels suggested that a special exception expire after the use in which it was granted ceases to exist. Discussion followed. Chairman Russell requested that the secretary place special exceptions and variances as a discussion item on the next scheduled meeting agenda. There being no further business, the meeting was adjourned at 9:10 P.M. Approved this 13 rH _ day of Secretary �Intzckl Chairman 1991. Planning_ & Zoning_ Regular Meeting February 27, 1991 Page 4 of 4 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MARCH 13, 1991 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on March 13, 1991 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Arthur Berger Vice Chairman Richard Thurm Mary Wheeler Wayne Washburn Cecil Everett Alternate Fred DiStasio Alternate OTHERS PRESENT Kohn Bennett Deputy City Attorney James Morgan Building Official Thomas Kleving Building Inspector Susan Nelson Secretary Mr. Berger moved to approve the minutes of February 27, 1991 as submitted. Mr. Thurm seconded the motion. Motion carried unanimously. Chairman Russell announced that the order of business listed on the agenda would be reversed due to the fact that the City Attorney needed to leave the meeting early. The Board members had no objection. DISCUSSION 1. Discus Re: Special E x g_tp tions and Varia Chairman Russell explained that some special exceptions and variances had been granted which had never been used. He noted that special exceptions run with the property and may increase property values. The City Attorney advised that he had researched Florida case law on Variances and Special Exceptions and recapped his findings: some cities impose reasonable time restrictions; one city stipulated that if a reasonable time had not been established, the granted variance would automatir_alIy expire at six (6) months; some cities terminate the special exception when the ownership of property is transferred. He noted that the Florida courts had not agreed that a special exception ran with the land. Discussion followed. Mr. John Ribar, a citizen, stated that he had purchased a piece of property on Canaveral Beach Boulevard with the contingency that the granted special exception would continue with the land. He inquired if the Board intended to place a time limit on previously granted special exceptions. Planning & Zoning Regular Meeting March 13, 1991 Page 1 of 2 Chairman Russell explained that it was his opinion that any special exception or variance previously granted would remain the same. He noted that the Board members were reviewing the ordinance. Leo Nicholas, a citizen, stated that when an applicant requested a special exception or variance, the Board based their decision on the concept that was presented to them and acts accordingly. It was his opinion that when an ownership changed, the new owner(s) intention for use could be different from the previous owner(s). Mr. Thurm voiced his opinion that an applicant should not request a special exception or variance until ready to use it in order to avoid a granted special exception or variance never being used. Discussion was held on a possible time limit or expiration being established on future granted special exceptions or variances. The Board members also discussed previously granted special exceptions being abandoned or changed. The Board members reviewed Chapter 643, Legally Established Non - Conforming Lots, Non- Conforming Structures, and Non - Conforming Uses, of the City of Cape Canaveral Zoning Regulations. Discussion followed. Chairman Russell requested that this item be placed on the next scheduled agenda for further discussion. 2. Discussion Re: Establishi Landscaping Regulations, Ame Section 641.43 of the Zoning R egulations The Board members reviewed the Landscaping Regulations. Discussion followed. Mr. Berger moved to recommend approval of the Landscaping Regulations, Amending Section 641.43 of the Zoning Regulations to City Council with the understanding that the typographical changes be made as highlighted. Ms. Wheeler seconded the motion. Motion carried unanimously. There being no further business, the meeting was adjourned at 8:45 P.M. Approved this q t') day of IIIIBC( '1 1991. Chairman &1i)cVII L. MIS')i(`1) Secretary Planning & Zoning Regular Meeting March 13, 1991 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MARCH 27, 1991 A Reaular Meetina of the Planning & Zonina Board of the City of Cape Canaveral, Florida. was held on March 27, 1991 at the City Hall Annex. 111 Polk: Avenue, Cape Canaveral, Florida. The meetina was called to order at 7:30 P.M. by vice Chairman Beraer. The Secretary called the roll. MEMBERS PRESENT Arthur Berger Vice Chairman Richard Thurm Mary Wheeler Wayne Washburn Cecil Everett Alternate MEMBERS ABSENT Lamar Russell Chairman Fred DiStasio Alternate OTHERS PRESENT Joy Sal.amone Mayor Rocky Randels Council Member Mitch Goldman Deputy City Attorney James Moraan Buildi_na Official Thomas Klevina Building Inspector Susan Nelson Secretary Mr. Wheeler moved to approve the minutes of March 13, 1991 as submitted. Mr. Everett seconded the motion. Motion carried unanimously. NEW BUSINE 1. Special _on _Request . _No_,_ 91-2, To Allow - _a Book Stor in a C-1 Zone, Parcel_ 260_, Sec. _23_ - _Twp. 2 Rge 37E, - - Atlantic Avenue) - Petitioner was i9aryLou Dorsey_ for _James W. Means, Owner Pis. Dorsey explained the concept of her business. She noted that her company had been in business in various locations throughout the City for approximately six (6) years. She stated that she was dust ? the ongoing business and had no plans to expand_ Discussion was held reaardina Ms. Dorsey's aranted special exception for her previous location. Attorney Goldman explained that the owner of the property could utilise that special exception fc.r thF� same use which it was aranted dependina on the condition(s) placed on the aranted special exception. Discussion continued. Mr. Thurm moved to recommend approval of Special Exception Request No_ 91 -2 to the applicant at this particular location. Hocaever. should Mary t.. Dorsey either sell a controlling interest in the ,- �orpor-ation more than 50`x; or no lonaer do business at that address, the special exception would terminate and a new applicant would need to reapply. Mr. Everett seconded the motion. Motion carried unanimously. Plannina_ & Zonina_ Regular Meetina March 27, 1991 Page 1 of 2 DISCUSSION 1. Discussion_Re: Special Exceptions Vice Chairman Beraer summarized the discussion held at the last meetina. Vice Chairman Beraer explained that the Board had not exercised time limitations on special exceptions as allowed per Section 645.23tJ ?, written Findinas: Violation of Safeauards, of the Cape Canaveral Zonina Reaulat,ions. He stated that the City had adopted a Comprehensive Plan and explained that a special exception allowed for that plan to change. Discussion followed. Councilman Randels voiced his concern regarding a special exception that had been granted to a tire store based on the concept which had never been built. It was noted that residential housing developments had been aranted in the General area. Mr. Morgan pointed out that the developer of the residential projects had been aware of that previously granted special exception. Discussion continued. It was the consensus of the Board members that if during review of a special exception, they aareed there should be a time limit placed on the special exception, they could do so as allowed in Section 645.23(J) of the Cape Canaveral Zonina Reaulations. 2. Dis Re : Variances It was the consensus of the Board members that the concept of placing time limitations had already been discussed. 3. Discussion Re: Section 645_. 27 � APD1 cat for Board of Adjustment_ Hearings _o_f the _Cape — Canaveral Zonina Regulations Ms. wheeler expressed her concerns as to the process and procedures for an RPUD request. She stated that the Building Official had aareed to .research her concerns. Discussion followed. There being no further business, the meeting was adjourned at 8:40 P.M. Approved this _ 1 � T4 ____ day of _ G� 1991. Chairman Secretary Plannina_ & Zonina_ Regular Meeting March 27, 1991 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING APRIL 10, 1991 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on April 10, 1991 at the Citv Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Russell, The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Richard Thurm Mary Wheeler Cecil Everett Alternate Fred DiStasio Alternate MEMBERS ABSENT Arthur Berger Vice Chairman Wayne Washburn OTHERS PRESENT James Morgan Building Official Thomas Klevina Building Inspector Susan Nelson Secretary tis. Wheeler moved to approve the minutes of March 27, 1991 as submitted. Mr. Everett seconded the motion. Motion carried unanimously. NEW BUSINESS 1. Site Plan _Approval. Chadic's Place, Lp,t, lb Sec 1�,_ Twp _ 45, Rgy37E Canaveral Beach Gardens - Unit 2, (8550 N. Atlantic Avenue) - Charles W. Pindziak, Owner The Board members reviewed the Site Plan and a letter submitted by M & K Drafting, Inc., regarding sidewalks. It was pointed out that no sidewalks existed north or south on adjacent properties. Discussion followed. Mr. Thurm moved to approve the Site Plan for Charlie's Place with the contingency that a sidewalk along Id. Atlantic Avenue be installed at a future date if and when N. Atlantic Avenue is widened and additional right -of -way is supplied. Ms. Wheeler seconded the motion. Motion carried unanimously. The Chairman asked the Secretary to place on the next agenda a discussion item regardina special exceptions and variances and also a discussion item regarding June clean up month in the City. There being no further business, the meeting was adjourned at 8:10 P.M. Approved this 2 day of Z4 1991. - - -- - - -- - -- - -- --- -1 - - -- - — Chairman Secretary Planning & Zoning Regular Meeting April 10, 1991 Page 1 of 1 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING APRIL 24, 1991 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on April 24, 1991. The meeting was called to order. at 7:30 p.m. by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT: Lamar Russell Chairman Arthur Berger Vice Chairman Richard Thurm Wayne Washburn Mary Wheeler Cecil Everett Alternate Fred DiStasio Alternate OTHERS PRESENT: Kohn Bennett City Attorney Edward Spenik City Manager Thomas Kl-eving Building Inspector Evelyn Hutcherson Secretary Mr. Thurm moved to approve the minutes of the April 10, 1991 meeting, as submitted. Ms. Wheeler seconded the motion. Motion carri -ed unanimously. NEW BUSINESS 1 . Preliminary Plat App�rova_l_,_ Cape View Townhomes_ Lots_ 11 and 12 (R plat of Lots 1 2&_3) ,. Block _24_,_ Fay- The_Sea Section - -- -- 23, Town hip 24 South, Range _ 37 Eas (609,_ - 611 _x_613 Macllsoil Avenue) Pdmela_S. Darmstadt_ and W Dupont, Owners, Mr. Johnson Murphy, representing the applicant, provided the Board with a larger copy of the preliminary plat. Ms. Wheeler inquired about_ the lot sizes. Mr. Murphy stated that the owner planned to keep the 20 foot interior unit and the two 24 foot end units would be sold. Mr.. Berger questioned the depth of the lot, noting that Section 637.39, R -3 zone, required 100 foot depth which would make the depth of the lots preliminary plat .74 foot short. Mr. Murphy agreed to correct the depth of the lots. Mr. Berger inquired if the 17 feet. setback on the existing house would be consi- der_ed the side setback. Discussion ensued on the setbacks of the existing house. It was determined that the reduction of the size of the lot would not affect the required setbacks. Mr. Berger questioned lot coverage requirement. Discussion followed. Mr. Murphy stated that DNR approval was pending and that the building would be on pilings. Mr. Thurm asked how the additional property woulM be acquired. Mr. Murphy responded that all of the property was under one ownership. Mr. Washburn suggested that the lots face Madison Avenue instead of the alley. Mr. Murphy responded that the people would not have an ocean view. Discussion on coastal construction setback followed. Planning & Zoning Board Regular Meeting April 24, 1991 Page 1 of 3 Pages Mr. Berger moved to approve the preliminary plat: provided that the changes are made in the dimensions to increase the length of the lot to 100 feet. Mr_. Thurm seconded the motion. Motion carried unanimously. 2. Sp ecial Exce ption Request No. 91 -3 T In a__5, Gallon Above Grou Tank in a M -1 Zone, P arce l 271, Section 14 Tow 24 S Ran 37 Eas (10 Tank Turn Road) - Coastal Fuel M arketing,_1_nc ., Richard A. Eckel,_ P.E. _Agent Mr. Richard Eckel., representing Coastal Fuel Management Incorporation, stated that Coastal Fuel. desired to build this new large storage tank in order to reduce the number of ocean deliver -es of their asphalt and bunker fuels handled at the existing facility. He noted that some of their existing diesel fuel. had been put; into the asphalt and #6 oil service, and they needed additional diesel fuel storage. The tank will he built. according to all API codes including the DER codes for the State of Florida- He noted that during discussion on the construction of this tank with City officials, the Fire Marshall brought up the fact that there was no fire hydrants on the site. He explained that Coastal Fuels had been working on arrangements to extend the water line and provide fire hydrants on the property. Mr. Everett commented that a tank had been removed a few months ago and that the bunkers had been raised. Mr. Dwight Fender, Terminal Manager, Coastal Marketing, Inc., explained that periodic_ maintenance of the dike area was necessary to meet the NFPA requirements for the containment area. He noted that there were no restrictions on locating gasoline tanks with diesel fuel tanks within the bunker, butt, here were distance requirements on spacing the tanks from the bunkers and the other tanks. Mr. Everett's asked what, safety precautions were taken to prevent an overfill. Mr. Fender stated that there were overfill indicators on the tanks, the gasoline tanks have a floating roof and the tanks are manned at all times while receiving the products. Ms. Wheeler inquired if the property was always in an M -1 area and were the existing tanks allowed by Special Exception? Discussion followed. It was determined that bulk petroleum storage had been a permitted use in an M -2 Zone; the last tank was installed in 1.974; :informati -on was not available as to the date the zoning was changed to M -1 and whether a special exception had been granted for the placement of the tank. David Sargeant, Fire Chief, Cape Canaveral Volunteer Fire Department, expressed his concerns and outlined site improvements which were needed on the premises. Discussion ensued on the fire system and other safety measures which should be made a condition of the special exception. Mr. Thurm moved to postpone Special Exception Request No. 91 -3 until the next scheduled meeting. Ms. Wheeler seconded the motion. Motion carried unanimously. nTgC11;.TON Discussion Re: June Cl U p Month Mr. Fred DiStasio, Alternate Member, Planning and Zoning Board, outlined the plans for a city- -wide clean up program to be held during the month of June. He noted that volunteers would be needed to assure the success of the program. Discussion followed. Ms. Wheeler and Mr. Washburn volunteered to assist in the program. Planning & Zoning Board Regular Meeting April 24, 1991 Page 2 of 3 Pages 2. Dis cussion Re: How to Treat a Varia Chairman Russell. gave an informative presentation on requirements which must be root wheil granting a variance and explained the difference between a variance and a special. exception. Discussion followed. Mr. Spenik, City Manager, outlined discussions which had been held at:(7ounci.l meetings regarding the use of the City Attorney at Board Meetinq. Discussion followed. There being no further business, the meeting adjourned at 10:20 P.M. qq Approved this ru _ U day of Ma i 1991. - — AG d Chairman Secretary Planning & Zoning Board Regular Meeting April 24, 1991 Page 3 of 3 Pages CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MAY 8, 1991 A Regular Meetina of the Plannina & Zonina Boar Cape Canaveral, Florida, was held on May 8, 1991 Annex, 111 Polk Avenue, Cape Canaveral, Florida, called to order at 7:30 P.M. by Chairman Russell called the roll. MEMBERS PRESENT Lamar Russell Arthur Beraer Richard. Thurm Wayne Washburn Mary Wheeler. Cecil Everett Fred DiStasio OTHERS PRESENT Chairman Vice Chairman Alternate Alternate Board of the City of at the City Hall The meetina was The Secretary Mayor Council Member City Manaaer Building Official Building Inspector City Attorney Secretary Joy Salamone Ann Thurm Edward Spenik James Moraan Thomas Klevina Kohn Bennett Susan Nelson Ms. Wheeler moved to approve the minutes of April 24, 1991 as submitted. Mr. Beraer seconded the motion. Discussion was held reaardina the Preliminary Plat Approval for Cape View Townhomes heard at the previous meeting. Mr. Moraan, Buildina Official, advised that the preliminary plat had met the requirements of Section 639.03, Townhouse Area and Dimension Regulations of the Cape Canaveral Zonina Reaulations. Chairman Russell pointed out that the applicant had aareed to the increased lot size condition. Motion to approve the minutes of April 24, 1991 carried unanimously. UNFINISHED BUSINESS 1. Spe_c al Ex_ception__ Requ_e_st No____91 -3 To_ Install a 5,040,000 Gallons Above Ground Tank in a M -1 Zone, (10 Tanker Turn Read) ,_Section 14, Township - - '4 South Range 37 East, Located on Parcel 271, (Coastal Fuels Harketina, Inc. ) - Richard A. Eckel, P .- E _ , Agent Chairman Russell summarized the reasons this item had been tabled at the previous meetina. Mr. Eckel. Agent for Coastal Fuels, advised the Board that the concerns expressed at the previous meetina had been addressed at a meeting held on May 2, 1991 with the James Morgan, Building Official; Thomas Klevina. Buildina Inspector, Vance Huber, Fire Inspector: David Saraeant, Fire Chief; Henry Cartaya, Manaaer of Enai.neerinc7 Services for Coastal Fuels; and Dwight Fender, Terminal Manaaer for Coastal Fuels. He explained that at that meetina, Coastal Fuels had agreed to provide a foam deluae system for the current loadina racks which would be installed within one year of I Plannina_ & Zoning Regular Meetinq May 8, 1991 Paae 1 of 3 the date the Special Exception was granted; install a fire hydrant system as specified in the submitted drawings prior to the use of the new tank; and provide 500 Gallons of fire fiahtina foam on site prior to the use of the new tank. He noted that the foam in the deluge system would not count as part of the 500 gallons. The Board members reviewed a memorandum dated April 17, 1991 from Thomas Klevina, Buildina Inspector, reaardinq various aovernina a gencies c ij ies reairements for bulk storage facilities. Discussion f <-1 l 1 -1 JA7 P alterations to any d. Mr. Klevina recommended that no altei structure, storaae tank and its relating systems be made until the City received and approved the chanaes. He further recommended that the new tank be diked separately and have an ultra-violet plastic liner to prevent seepaae into around water. Mr. Eckel noted that the liner would not be a Department of Environmental Regulation requirement until 1999. He advised that the new tank would have a secondary containment underneath; the new tank would be monitored anytime it received product; the new tank would have a high level alarm; and that the tank placement would be reviewed durina the site plan review process to insure that it met the property line setback requirements. The Board members reviewed the City of Cape Canaveral Zonina Regulations, Section 632.01, Zonina Definitions pertaining to Fire District. Discussion followed. Mayor Salamone, reported that she had visited Coastal Fuel, Cooperate Headquarters with the City Manager and a member from the Port Authority to discuss future expansion plans. She had asked Coastal Fuels to consider other sites better equipped to handle 1,31 - 1:TQ) - quantifies of fuel st and that there be no expansions South of Ebe.rwein Road. She advised that Coastal Fuels had been considerina leasing property on the North end of the Port. She asked that -i-f the Plannina & Zonina Board recommended approval for this type of special exception, that it be the last one. Discussion followed. Mr. Thurm moved to recommend approval of Special Exception Request No. 91-3 with the followina renditions: Applicant must notify the City of any Department of Environmental Reaulation permit requests; notify the City of any alteration of strticture or safety system; provide a foam deluge system for the current loading racks to be completed within one year from the date that the Board of Ad iusi mont,s at proved )proved the special exception; install the fire hydrant system that had been presented to the Cape Canaveral Volunteer Fire Department to be completed prior to the use of the new tank; and provide 500 ciallons of fire fiahtinq foam on site. The foam in the deluap system -,hall not count as part of the 500 aallon requirement and would be provided prior to the use of the new tank. In addition, Coastal- Fuels shall provide additional foam in case of empraoncy. Mr. Beraer seconded the motion. Vote on the motion was as follows: in favor, Mr. Beraer, Mr. Russell, Mr. Thurm and Mr. Washburn; opposed, Ms. Wheeler. Notion carried. Mr. Berger reviewed that several citizens at the previous meetina had asked Coastal FUE'lS to route their trucks down George King Boulevard rather than N. Atlantic Avenue. ADD ON ITEM Ms. Wheeler moved to add the following item to the aaenda. Mr. Beraer seconded the motion. Motion carried unanimously. 1. Discussion Re: General Growth Factors The City Manager explained that the City sewer system was utilized by both Cape Canaveral and Port Canaveral and that Port Canaveral Plan I nina & Zonina Reaular Meetina May 8, 1991 Page 2 of 3 had requested the City to consider extendina the sewer system contract for 50 Years when the current 30 year contract expired. He advised the Board of the followina: the City Engineers had been authorized to ao forth with a study roaardina the Clean Water Act: Fort Canavpral's forced main system; a possible ^Pwaae plant at the Port: costs of treatinu chemicals required by the Environmental Protection Aaency: a proposed speed rail corridor, a proposed fuel terminal at the North end of the Port, a possible future sludae dumping site. Port Canaveral annel-ina City property: and a possible urocery store ope-nina in the City. There beina no further business, the meetina was adjourned at 9:00 P.M. Approved this day of 1991. Chairman Secretary i Plannina & Zonina Reaular Meetina Mav 8. 1991. Paae 3 of 3 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JUNE 12, 1991 A Reaula.r Meetina of the Plannina & Zonina Board of the City of Cape Canaveral, Florida, was held on June 12, 1991 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meetina was called to order at 7:30 P.M. by Vice Chairman Beraer. The Secretary called the roll. MEMBERS PRESENT Arthur Beraer Vice Chairman Richard Thurm Wayne Washburn Mary Wheeler Cecil Everett Alternate Fred DiStasio Alternate MEMBERS ABSENT Lamar Russell Chairman OTHERS PRESENT James Moraan Buildina Official James Woodman City Attorney Susan Nelson Secretary Ms. Wheeler moved to approve the minutes of May 8, 1991 as submitted. Mr. Thurm seconded the motion. Motion carried unanimously. NEW BUSIITESS 1. Request for Site Plan Time Extension_ - Discoveryy _Bay,___A portion of P arc e_1 _790, _ Sec,. 15. Twp. _ 245 ; _ . Rae __37E - Luis Lorie. Agent for Lorie & Associates, Inc. James Moraan, Buildina Official, summarized that the time period on the approved site plan for Discovery Bay had expired. He explained that Lorie & Associates had requested a time extension on the site plan that had been approved by the Board on November 14, 1990. Mr. Moraan pointed out that the present regulations had no provisions for such a request. James Woodman. City Attorney, read the conditions that had been placed on the approved site plan. He advised that those conditions had not been met and that Lorie & Associates did not hold the title to the property. Discussion followed. Mary Wheeler pointed out that a letter dated May 20. 1991 from Mr. Lorie. specifically stated that the consideration for this time extension request be considered at the second meetina in June. Attorney Woodman had no objection if the Board postponed this request until the next scheduled meetina. Leo Nicholas, a citizen, inquired about the F.D.I.C. and Lorie & Associates. Eric Biewind, General Contractor for Discovery Bay, summarized that Mr. Lorie specifically asked that this request be considered at the second meetina in June to allow him time to Plannina & Zonina_ Reaular. Meetina June 12, 1991 Page 1 of 2 obtain either a new letter of authorization from the F.D.I.C. or be closed on the property. Mr. Moraan reiterated that the Buildina Department had been requested to place this item on the agenda. Cecil Everett moved to postpone the request for site plan time extension until the next scheduled meetina. Mr. Thurm seconded the motion. Motion carried unanimously. Mr. Berger abstained from votina due to a vested interest. 2. Preliminary Resat Approval, Sea View To L ot _ 3 and West __ /2 of Lot 4 _Block 12 , _ Avon _B_v-The- Sea_,Section Township '4 South, Ranae 37 East ._ Jeffrey Kammarude, Agent for Jeanne and Arthur Beraer, Owners The Board members reviewed the preliminary replat for Sea View Townhomes. Discussion followed. Mr. Everett moved to approve the preliminary replat for Sea View Townhomes. Mr. Thurm seconded the motion. Motion carried unanimously. Mr. Beraer abstained from votina due to a vested interest. 4111311 `022141 Ms. Wheeler moved to add the following item to the agenda. Mr. Washburn seconded the motion. Motion carried unanimously. 1. Discussion Re Expiration of Site Plans The Board members reviewed and discussed the contents of a memorandum from Mr. Moraan, Building Official, reaardina his recommendation to chanae Resolution #87 -41 (G)(2), Expiration of Site Plans. It was concluded that Resolution #87 -41 (G)(2), Expiration of Site Plans. be changed to read as follows: E- pirat_ion__ofSite Plans. All site plans shall expire in six (6) months from final approval of the Plannina and Zonina Board, unless the Building Permit is issued or applicant requests for a time extension in writina to the Building Official. The Buildina Official shall grant at his discretion such request only if justifiable cause is demonstrated and there has been no changes in any reaulations pertainina to site plans. The fee schedule for such time extension shall be equal to the site plan submittal fee. Time extensions shall be limited to no more than two (2) 90 day extensions. Mr. Beraer requested that this item be placed on the next Planning & Zonina Agenda for further discussion. A brief discussion was held regarding the Coastal Construction Code. Since the Buildina Official was not prepared to discuss this issue, fir. Beraer requested that this item be placed on the next Plannina & Zonina Agenda. There beina no further business. the meetina was adjourned at 8:15 P.M. Approved this _ day of _ U 1991. Chairman Secretary Plannina & Zonina Reaular Meetina_ June 12, 1991 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JUNE 26, 1991 A Regular Meeting of the Planninq & Zonina Board of the City of Cape Canaveral, Florida. was held on June 26, 1991 at the City Hall Annex, Ill Polk Avenue. Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Mary Wheeler Cecil Everett Alternate MEMBERS ABSENT Arthur Beraer Vice Chairman Richard Thurm Wayne Washburn Fred DiStasio Alternate OTHERS PRESENT James Moraan Building Official James Woodman City Attorney Susan Nelson Secretary Ms. Wheeler moved to approve the minutes of June 12, 1991 as submitted. Mr. Everett seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Request for Site Plan Tim Ex - , - - , --- Discovery ---- Bay,_a Portion of Parcel 790, Sec. - 15, --- Twp. 24S, Rae. 37E - Luis --- ------ - - --- -- Lorie, Agent for Lorie & Associates. Inc, Mr. Eric Biewind, General Contractor for Discovery Bay, advised that Mr. Lorie had not acquired any correspondences pertaining to authorization to represent the owner(s) of the property. Mr. Everett moved that this item be tabled due to the fact that the applicant did not provide sufficient documentation. There being no second, the motion died. Ms. Wheeler summarized the discussion from the previous meeting. She noted that the City Regulations had no provisions for this type of request. Discussion followed. Mr. Morgan, Buildina Official, noted that Mr. Lorie had made the request prior to the site plan expiring. Attorney Woodman recommended that since the Citv codes had no provisions for a site plan time extension, that the Board consider allowina the site plan to expire. Discussion followed. The Board members concurred with the City Attorney's recommendation to allow the approved Site Plan for Discovery Bay to expire due to the fact the City codes had no provisions for a time extension request. Planning & Zonina Reaular Meeting June 26. 1991 Paae 1 of 2 DISCUSSION I Discussion Re: Recommendations to Chanae Various City Reaulations. Ordinances, Com, ejjig Plan, and Land L:)Xj Development Re Mr. Moraan, Buildinq Official, advised that the City had hired a City Planner to recommend various chanaes to the codes so that they may be considered user friendly. The Board members reviewed various definitions of the City of Cape Canaveral Zonina Regulations with Linda Lester, City Planner and James Horaan, Buildinq Official. Linda Lester explained that she would be reviewing the City codes for continuity, conflicts, and confusions. Mr. Morqan pointed out that the City codes had been written to reflect that the Citv was considered a Barrier Island. Havina researched this issue, it was his opinion that the City was actually a Peninsula. Discussion followed. Linda Lester summarized that the intent of the Comprehensive Plan was for the City's aoals, objectives. and policies. The Board members reviewed and discussed the recommendation to chance Resolution 87-41 (G) (2) . Expiration of Site Plans. Chairman Russell requested that this item be placed as a Discussion Item on the next aaenda. There being no further business, the meetinq was adjourned at 9:00 P.M. Approved this day of 1991. X Chairman Secretary Plannina & Zonina Reaular Meeting June 26, 1991 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JULY 10, 1991 A Reaular Meetina of the Plannina & Zonina Board of the City of Cape Canaveral. Florida, was held on July 10, 1991 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meet.na was called to order at 7:30 P.M. by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Arthur Beraer Vice Chairman Mary Wheeler Wayne Washburn Cecil Everett Alternate MEMBERS ABSENT Richard Thurm Fred DiStasio Alternate OTHERS PRESENT James Moraan Buildina Official Thomas Klevina Buildina Inspector Linda Lester City Planner Susan Nelson Secretary Mr. Everett moved to approve the minutes of June 26. 1991 as submitted. Ms. Wheeler seconded the motion. I-lotion carried unanimously. DISCUSSION 1. Discussion - __Efpi_ratlon of Plans Chairman Russell read a memorandum from James Moraan, Buildina Official, reaardina his recommendations to chancre Resolution No. 87 -41 (G)(2), Expiration of Site Plans. Mr. Moraan explained that occasionally, a developer would pull a building permit for a particular project to avoid the approved site plan from expirina. Discussion was held reaardina the revised site plan submittal process: permittina procedures: phased construction: vested equity: and imposina a site plan time extension request fee. Mr. Moraan summarized the provisions of SBCCI. Section A103.6.1. He explained that the provisions allowed the Buildina Official to arant one or more (90) day extensions on an active Buildina Permit if a justifiable cause could be established. Discussion was held reaardina the status of an approved Site Plan and active Buildina Permits for the development of Villages of Seaport. It was Ms. Wheeler's opinion that a site plan extension request should have a submittal fee imposed and be brouaht before the Plannina & Zonina Board for consideration in a timely_ fashion. Discussion continued. Plannina & Zonina Reaular Ileetina Julv 10, 1991 Paae 1 of 2 Ms. Wheeler moved to continue the discussion reaardina expiration of site plans at the next scheduled meetina. Mr. Everett seconded the motion. Motion carried unanimously. 2. Discussion Re: Recommendations to Chance Various City Rea_ulations_. Ordinanres_____Comprehensive _,Plan,__ and_ Land Llevel,opmant_ P.eaul�tions Ms. Lester, City Planner. outlined suaaested chances to the first 50 paaes of the City of Cape Canaveral Zonina Reaulations. The Board members reviewed her recommendations. Discussion followed. It was the consensus of the Board members to review the recommended chanaes aaain in final draft form after the Board had reviewed all the recommendations. Ms. Lester explained that she would continue reviewing the City codes for further continuity, conflicts. and confusions and report to the Board at the next scheduled meetina. Mr. Moraan briefed the Board members reaardina an Administrative Appeal that had been filed reaardina a non- conformina structure at Chairman Russell's request. The Board members reviewed Section 643, Leaally Established Non - Conformina Lots, Ilon- Conformina Structures, and Non - Conforming Uses of the Cape Canaveral Zonina Reaulations. Mr. Moraan noted that the structure encroached on the front property line and side property line. Discussion followed. There being no further business, the meetina was adjourned at 9:00 P.M. Approved this 6 { - - _ - _ - _ day of _._ C -�� _ --_- , 1991. Chairman Secretary Plannina & Zonina Regular Meetina July 10, 1991 Paae 2 of 2 CAPE CANAVERAL PLANNING & ZOUING BOARD REGULAR MEETING JULY 24, 1991 A Reaular Meetina of the Plannina & Zonina Board of the City of Cape Canaveral. Florida. was held on July 24. 1991 at the Citv Hall Anne:. 111 Polk: Avenue. Cape Canaveral. Florida. The meetina was called to order at 7:30 P.M. by Vice Chairman Beracr. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Arthur Beraer Vice Chairman Lary Wheeler Wayne Washburn Cecil Everett Alternate MEMBERS ABSEI1T Richard Thurm Fre•_a DiStasio Alternate OTHERS PRESENT James Iloraan Buildina Official. Susan Ncison Secretary Mr. Washburn moved to approve the minutes of Jul 10. 1991 as submitted. 11r. Everett seconded the motion. Motion carried unanimously. MEW BUSINESS 1. Preliminar•, Plat Approval. Ocean Gardens. Parcels Bl, Cl. C2. C3. and C4, Section 14. Township 24 South, P.anae 37 East - Jams W. Murphy. Agent for William_ Bennix, Trustee Mr. Moraan advised that the Citv Enaineer had not reviewed the preliminary plat or the site plan for Ocean Gardens. It was his opinion that it would be in the best interest of the City if both aaenda items were postponed until the next scheduled meetina. Hr. Murphy concurred. Mr. Everett moved to postpone the Preliminary Plat Approval for Ocean Gardens until the next scheduled meetina. its. Wheeler seconded the motion. Motion carried unanimously. 2. Site _ _Approval, Ocean Gardens. Parcels B1. Cl, C2. C3. and C4. Section 14. Township 24 South. Ranae 37 East - James W. Murphy., Aaent ,for, William Bennix,Trustee IIs. Wheeler moved to postpone the Site Plan Approval for Ocean Gardens until the next scheduled meetina. Mr. Everett seconded the motion. Motion carried unanimously. Chairman Russell entered the meetina at 7:35 P.M. Vice Chairman Beraer briefed 'him on the aaenda items that were already heard. The Chairman continued the meetina. Plannina & Zonina Reaular Meetina July 24. 1991 Paae 1 of DISCUSSION 1. Discussion Re: Expiration of Site Plans The Board members discussed various avenues for expiration date and extendina the date of an approved site plan. The Board members concurred that an approved site plan should expire in twelve months from final approval, the Plannina & Zonina Board should arant at its discretion a request for a time extension; the City should access a fee for such a request; and a aranted time extension should be not longer than six months. Mr. Moraan suaaested that a 8100.00 filina fee be established for such a request. Chairman Russell requested that the recommendation to chanae Resolution 87-41 (G) (2) , Expiration of Site Plans, be presented in final draft form at the next scheduled meetina. 2. Discussion Re: Recommendations to Chanae Various City Reaulations, ordinances Comprehens ive Plan, and Land Development Regulations Mr. Moraan advised that Linda Lester, City Planner, had been ill and could not be present at this meetina. Mr. Beraer moved to postpone this discussion item. Mr. Everett seconded the motion. I-lotion carried unanimously. ADD -ONITEM Mr. Beraer moved to add the followina item to the aaenda. Ms. Wheeler seconded the motion. I-lotion carried unanimously. 1. Discussion Re: _Non -Conforming . _ . Structures Chairman Russell advised that the City Attorney had requested that he write a letter to the Buildina Official reaardina what the Board's intent was of Chapter 643.05(B), since the Board was very actively involved in draftina the Zonina Reaulations. Chairman Russell read the intent of that Chapter. Discussion followed. There beina no further business, the meetina was adjourned at 9:00 P.M. Approved this day of 1991- Chairman 7 - - Secretary Plannina & Zonina Reaular Meetina July 24, 1991 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING AUGUST 14, 1991 A Regular Meetina of the Plannina & Zoning Board of the City of Cape Canaveral, Florida, was held on August 14, 1991 at the City Hall Annex. 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Richard Thurm Mary Wheeler Cecil Everett Alternate Fred DiStasio Alternate MEMBERS ABSENT Wayne Washburn OTHERS PRESENT James Woodman City Attorney James Moraan Building Official Thomas Klevina Buildina Inspector Susan Nelson Secretary Ms. Wheeler moved to approve the minutes of July 24, 1991 as submitted. Mr. Everett seconded the motion. Motion carried unanimously. UNFINISHED BUSI 1. Preliminar P lat __Aporoyal,_,_Oce_anGarde_ns _Parcels _Bl_ . C1_,., C2,_ _and_ C4 _ 24__South_, Range _ East - _. James W. Murphy Ag ent for Will iam Be Trustee The Board members reviewed the Preliminary Plat for Ocean Gardens. Mr. Everett voiced his concern reaardina the drainaa_e area. Chairman Russell voiced his opinion that no imagination was used for the land and opposed to more rental units and increased traffic flow within the City. Mr. Murphy, Agent, and Mr. Price, Engineer, answered various questions for the Board members. Mr. Beraer noted that the lots were approximately 75% laraer than required. Mr. Price noted that the concept would be similar to duplexes on Lindsey Court; a minimum of three feet of fill would be furnished to raise the elevation; and that the trees along_ North Atlantic Avenue would remain in their natural state. Mr. Beraer moved to approve the Preliminary Plat for Ocean Gardens. Mr. Thurm seconded the motion. Vote on the motion was as follows: in favor, Mr. Beraer, Mr. Everett and Mr. Thurm; opposed. Ms. Wheeler and Mr. Russell. Motion carried. Site Plan__Approval Gardens, Pa __B1,.Cl,___C2,__C3___and C4, Section 14. , Township 24_South _Rana e_ 37 East^ James W. Murphy for William Bennix Tru =tee The Board members reviewed the Site Plan for Ocean Gardens. Mr. Morgan advised that the Mr. Spooner, City Engineer, had recommended approval with the continaencies that the developer show drainaae easements and an overall map of the property on the Site Plan. Plannina & Zonina Reaular Meeting Auaust 14, 1991 Page 1 of 2 He further advised that the Fire Chief had requested an additional fire hydrant. Mr. Murphy and Mr. Price concurred with the those continaencies. Mr. Price, answered various questions for the Board members. He noted that one of the developer's projects had previously won the City of Cape Canaveral Beautification Award. Discussion followed. Mr. Berger moved to approve the Site Plan for Ocean Gardens with the continaencies that an additional fire hydrant be provided by the developer; Placement of the fire hydrant be satisfactory to Fire Chief; and all conditions of the City Engineer's evaluation be met. Mr. Thurm seconded the motion. Vote on the motion was as follows: in favor, Mr. Berner, Mr. Everett and Mr. Thurm; opposed, Ms. Wheeler and Mr. Russell. Motion carried. NEW BUSINESS 1. Variance _Re_questNo.91_5to_ Allow _Swimming Pool _ and Screen -- - -- Enclosure to Encroach into ___the Rewired Setbacks a_ R -3 Zone ,_Lot 2_,_ Block . _Sec, 23, Twp__ _24S�_ Ra=_. _3 S _ea Monica I Subdiv (Locate at 60 M onroe Avenue) - 0. on -- - - - -- - - - - -- - - - - -- - - ---------- _.. -_.. ... McCa O wner Chairman Russell read a letter from Attorney Woodman voicing his concerns regarding a Variance that may be granted for a non - hardship reason. He respectfully requested that the Board consider postponina this request for a Variance until after the Board of Adiustments had come to a decision reaardina the Bolanowski case. Attorney Woodman briefed the Board members on that particular case. Discussion followed. Chairman Russell polled the Board members to postpone this request. The Board members and Mr. McCauley had no objection in postponing this request. Ms. Wheeler moved to postpone Variance Request No. 91 -5. Mr. Thurm seconded the motion. Motion carried unanimously. DI 1. Discussion Re: Expiration of Site Plans The Board members reviewed a draft from the City Attorney reaardina suggested changes to Resolution 87 -41 (G)(2), Expiration of Site Plans. Attorney Woodman advised that the chanaes should be incorporated into the City Ordinances. The Board members concurred. Attorney Woodman stated that he would present a revised draft in Ordinance form at the meeting scheduled for September 11, 1991. Mr. Beraer moved to table this discussion item until September 11, 1991. Mr. Everett seconded the motion. Motion carried unanimously. There beina no further business, the meetina was adjourned at 8:40 P.M. Approved this 28 day of Secretary __. 1991. V Chairman Vic ' Plannina_ & Zonina_ Reaular Meetina Auaust 14, 1991 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING AUGUST 28, 1991 A Regular Meetina of the Plannina & Zonina Board of the City of Cape Canaveral, Florida, was held on Auaust 28, 1991 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral. Florida. The meetina was called to order at 7:30 P.M. by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Arthur Beraer Vice Chairman Richard Thurm Mary Wheeler Wayne Washburn Cecil Everett Alternate MEMBERS ABSENT Fred DiStasio Alternate OTHERS PRESENT Joy Salamone Mayor James Moraan Buildina Official Thomas Klevina Buildina Inspector Linda Lester City Planner Susan Nelson Secretary Ms. Wheeler moved to approve the minutes of Auaust 14, 1991 as submitted. Mr. Berger seconded the motion. Motion carried unanimously. UNFINI BUS 1. Variance__Reques_t__No__ 91-5 to Allow_ Swimming Pool and Screen Enclosure to Encroach into the R Setbacks in a R -3 _Zone 2__Block 30,__Sec__2_3, _Two. 24 S_ Rae „_ 37E, Se _Monica I_Su_b division (Lo a t 601 Monroe Av - _0. S cott McC aule Y, _Owner -� Mr. Thurm moved to postpone Variance Request No. 91 -5 until after the Board of Adustments had come to a decision rea_arding the Bolanowski case. Mr. Berger seconded the motion. Motion carried unanimously. NE BUSINESS 1. Site _Plan _ADDroval install above grou tank _ina M -1 Zone_ (10 Tank Turn Road) �Sec �1 Trap_ 24S Rae _37E located on P arce l 271 (Co astal Fuels Marketing Inc - R ichard A. E ckel, P.E., Agent The Board members reviewed the submitted site plan. Mr. John Allen, Allen Enaineerinq, answered various questions for the Board members. Mr. Allen advised that the new tank would be located in the middle perimeter of the existing tanks, directly east of tank #15; a fire line would be installed around the entire perimeter of the tank farm; and that the tank would be painted white. Mr. Thurm read a portion of the minutes pertainina to the contingencies of aranted Special Exception No. 91 -3, to allow an above around tank in an M -1 Zone at Coastal Fuels. Discussion followed. Plannina_ & Zonina_ Reaular Meeting Auaust 28, 1991 Paae 1 of 3 Mr. Beraer moved to approve the site plan to install an above around tank in an M -1 Zone to include that the contingencies of the granted Special Exception No. 91 -3 be met. Mr. Thurm seconded the motion. Vote on the motion was as follows: in favor, Mr. Beraer, Mr. Russell, Mr. Thurm and Mr. Washburn; opposed, Ms. Wheeler. Motion carried. 2. Specia Exception R No_. 91_6 to Construct Townhouses in a C -1 Zone,._ 2 3, Twp 2 . 45_ ` Rge._ 37E Parc els _263 & _ (lo No rth o f 790 As Boulevard) - James W. Murphy, Agent for William Bennix Owner Mr. Murphy advised that portions of the property immediately west, zoned R -3, appeared to be wetlands and that there were numerous c M onsid,eratons needed to be determrned on whether or not ths special exception request was aranted. Mr. Murphy answered various questions for the Board members regarding the property location and property dimensions. It was Mr. Thurm's opinion that more data should have been provided in order for the Board to make a proper recommendation to the Board of Adjustments. Discussion was held regarding an existing right -of -way; the concept and appearance of stereotype townhouses within the City; portions of the property immediately west being wetlands; various special exceptions to construct residential previously granted in C -1 zones; and the Department of Natural Resources being the entity that determines wetlands. Mr. Beraer summarized that the issue before the Board was for a special exception to construct townhouses in a C -1 Zone and questioned what was in the best interest for the City. Discussion followed. Mr. Thurm moved to postpone Special Exception Request No. 91 -6 until further information is provided by the applicant. Ms. Wheeler seconded the motion. Discussion followed. Vote on the motion was as follows: in favor, Mr. Russell, Mr. Thurm, Mr. Washburn, and Ms. Wheeler; opposed, Mr. Beraer. Motion carried. DISCUSSION 1. Discussion R to Chang Vari Reaulations,___ Ordinanc Compre Plan, and Land Development Regulations Chairman Russell and other Board members were confused as to why the City codes were being reviewed. Ms. Wheeler and Mr. Berger summarized for the other Board members the status of the review. Discussion continued. Chairman Russell requested that a copy of the suggested changes that had already been discussed be provided to the Board members. Mr. Moraan, Buildina Official, readvised that the City had hired a City Planner to recommend various changes to the codes so that they may be considered user friendly. Discussion followed. Mr. Thurm moved to table this discussion item until a clear and solid direction was provided to the Board by the City Manager. Chairman Russell seconded the motion and stated that he would take the responsibility to meet with the City Manager to find out exactly what was expected. Discussion followed. Motion carried unanimously. Plannina & Zoning Reaular Meetina August 28, 1991 Paae 2 of 3 Ms. Wheeler requested that an item be placed on the next agenda for discussion regarding concepts of townhouses within the City. A question was raised regarding what was the greatest traffic generator, commercial or residential. Ms. Lester, City Planner, stated that she would research the question and report back to the Board. There being no further business, the meeting was adjourned at 9:00 P.M. Approved this _ `I h day of A CZ - - -- 1991. Chairman Secretary Plannina & Zoning Reaular Meeting August 28, 1991 Paae 3 of 3 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING SEPTEMBER 11, 1991 A Regular Meeting of the Planning & Zonina Board of the City of Cape Canaveral, Florida, was held on September 11. 1991 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Arthur Beraer Vice Chairman Richard Thurm Mary Wheeler Cecil Everett Alternate MEMBERS ABSENT Wayne Washburn Fred DiStasio Alternate OTHERS PRESENT James Morgan Buildina Official Thomas Klevina Buildina Inspector James Woodman City Attorney Susan Nelson Secretary Mr. Everett moved to approve the minutes of Auaust 28. 1991 as submitted. Ms. Wheeler seconded the motion. Motion carried unanimously. DISCUSSION 1. D iscuss ion Re: E xpirati on of Site Plans The Board members reviewed a draft of an ordinance change and a resolution reaardina the expiration of site plans. Mr. Thurm noted that the number of time extension requests for an approved site plan was not specified on the draft. After discussion, the Board members concurred that only one time extension request shall be considered per approved site plan. Attorney Woodman informed the Board members that he would provide a new draft at the next scheduled meeting. Mr. Beraer moved to include this item on the next agenda for recommendation to City Council. Ms. Wheeler seconded the motion. Motion carried unanimously. 2. Discussion Re__ - _ Rezonin C ommercial Property_ to Res_dentiai by_pp_qc:L The Board members discussed various concerns reaardina special exceptions and compatibilities of granted special exceptions with surroundina areas. Planning & Zonina Reaular Meetina September 11, 1991 Paae 1 of 3 The Board members also discussed various options of what thev thought was in the best interest for the City: commercial or residential. Chairman Russell pointed out that a aranted special exception chanced the use of a property, which may be reverted back to its original state. Ms. Wheeler asked that the City provide the Board with a color coded zonina map hiahliahtina the following: commercial zoned property including special exceptions for residential use and special exceptions aranted never used. Discussion continued. Attorney Woodman suaaested that this discussion item be placed on the next aaenda for further discussion and the City provide a zonina map hiahliahtina the above for the Board members at that time. The Board members concurred. 3. Discussion_ Re: Concepts of_ Town _houses in the City Ms. Wheeler stated that she was interested in obtainina_ information pertainina to how much of the City was built as town houses. She asked that the City include the information on the color coded zoning map. She made the suaqestion that town house lots be increased on larae tracts of land to allow additional areen area and avoid the crowding effect. Discussion continued. A -On Item 1. Discussion R Ele ction of Of ficers Chairman Russell advised that he would not be attendina the next meetina. He asked the Board members consider someone else to be Chairman of this Board. 2. Discussion Re: Zel I nc. Attornev Woodman briefed the Board members reaardina a Judge's rendered decision reaardina a lawsuit known as Zella. Inc. vs. the City of Cape Canaveral at Ms. Wheeler's request. He reported that Mr. Zella had requested to construct town houses on commercial zoned property by special exception. The Plannina & Zonina Board had recommended the special exception request to the Board of Adiustments. The Board of Adjustments had denied the special exception request based on a clause in the "Statement of Justification" included in a prior lawsuit known as the Puerto Del Sol lawsuit. The clause had stipulated that the subiect property was zoned commercial and would not be used for multiple family residential buildings. He further reported that Mr. Zella had filed a lawsuit aaainst the Board of Adiustments decision. The Judge had rendered his decision based upon the evidence presented to him which had included the Board of Adiustments rationale for denying Mr. Zella's special exception request. The Judge had advised that the Board of Adiustments could deny the special exception request based on other reasons. However, the Board could not render their decision based on that particular clause included in the Puerto Del Sol lawsuit. Attorney Woodman advised that the special exception reauest would be presented to the Plannina & Zonina Board prior to the Board of Adjustments for reconsideration. Chairman Russell requested that the Secretary' place an item on the next agenda reaardina the history of Zella, Inc. prior to the Board reconsidering the special exception request. The Secretary concurred. Plannina & Zonina Reaular Meetina September 11, 1991 Paae 2 of 3 There beina no further business, the meetina was adjourned at 9:00 P.M. Approved this Z-5+ day day of 1991. ��lYl � airman L( �SClJC1Y1 Secretary Plannina & Zonina Reaular Meetina September 11, 1991 Paae 3 of 3 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING SEPTEMBER 25. 1991 A Reaular Meetina of the Plannina & Zonina Board of the Cit- of Cape Canaveral. Florida. was held on September 25, 1991 at the City Hall Anne:. 111 Polk Avenue. Cape Canaveral. Florida. The meetina - was called to order at 7:30 P.M. by Vice Chairman Beraer. The Secretary called the roll. MEMBERS PRESENT Arthur Beraer Richard Thurm Mary Wheeler Cecil Everett Fred DiStasio MEMBERS ABSENT Lamar Russell OTHERS PRESENT Joy Salamone Rocky R.andels Russell Lloyd Marilyn Riaerman Chuck Stenalein Georae Hutchinson James Moraan Thomas Klevina Evelyn Hutcherson James Woodman Susan Nelson Vice Chairman Alternate Alternate Chairman Mayor Council Member Zonina Board of Adjustments Chairman Zonina Board of Adjustments Vice Chairman Code Enforcement Beard Chairman Code Enforcement Board Member. Buildina Official Buildina Inspector Code Enforcement Officer City Attorney Secretary Mr. Everett moved to approve the minutes of September 11, 1991 as submitted. Mr. Thurm seconded the motion. Motion carried unanimously. UNF BU 1. Discussion Re : History of Zella. Inc. _ Mr. Woodman, City Attorney, summarized the history of Zella. Inc. He explained that the Plannina and Zonina Board had recommended approval of the special exception request to construct townhouses in a C -1 Zone; the Board of Adjustments had denied the request; as a result. a lawsuit was filed by Zella. Inc.: Judae Lober ruled that the special exception request should not have been denied based on that particular clause in the Puerto Del Sol Statement of Justification. Mr. Moraan, Buildina Official, explained the technique of calculating densities. He advised that the density for an R.PUD (residential planned unit development) request at current standards would be 15 units per net residential acre. Discussion followed. Plannina & Zonina R.eaular Meetina September 25, 1991 Paae 1 of 4 Mr. Thurm aave a brief history of the RPUD process for Ocean Woods and history of the Puerto Del Sol lawsuit. Mr. James Murphy. Agent for Mr. Bennix. Owner, stated that he did not aaree with Attorney Woodman's interpretation of Judge Lober's decision. It was Mr. Murphy's opinion that the Judge had arantc_d the special exception request. NEW BUSINESS 1. Special„ Exception_Reque_st__,No 89, -7, To Construct Townhouses in aC - 1_ Zone, Parcel 547.1, Sec _14_,_ Twp 2 4S Rue._ 37E, (Located West of Oc Wo ods) - Pe was James Murphy. Agent_ for_Zella,_ Inc Mr. Berger recapped the history of this request. Ms. Wheeler received clarification on the location of the property. Mr. Thurm pointed out that a residential use would be more compatible to the surroundina areas than commercial. He advised that the current special exception request was the same as the original request. Ms. Wheeler was advised by Mr. Murphy, that the northern most corner of the parcel would remain commercial. Mr. Morgan advised that the only change in City regulations since the original request was the adoption of Concurrency Management, which would be addressed during the site plan process. Mr. Lloyd, Chairman of the Board of Adjustments. pointed out that the ingress and earess road off of Maple Street. in Ocean Woods, was a private road owned and maintained by Ocean Woods. not by the City. Mr. Murphy pointed out that his property and Ocean Woods, shared the same riaht -of -way. Mr. Thurm reiterated that Mr. Murphy had assured the City that his property would have equal use of the inaress and egress during discussion of the original special exception request. Mr. Thurm read a portion of Section 645.23(A), Inaress and Egress to property and proposed structures of the Cape Canaveral Zoning Reaulations. Discussion followed. Mr. Berger advised that this issue would be addressed durina the site plan review process. Mr. Thurm moved to recommend approval of Special Exception Request No. 89 -7 with the provision that the entire parcel of land be utilized for residential use. Mr. DiStasio seconded the motion. Vote on the motion was as follows: in favor, Mr. Beraer, Mr. DiStasio, Mr. Everett and Mr. Thurm: opposed, Ms. Wheeler. Motion carried. 2. Motion Re: _Ap ov al of Ordinance RecrardinaExpiration of Site Plans 3. Motion_Re__ - _Approval of R esol ut ion f or Establishing _Fees for Site Plan Exte Attorney Woodman summarized the proceeder for the Board to recommend approval of these two items to City Council. The Board members reviewed the two final drafts. Discussion followed. Ms. Wheeler moved to recommend approval of the ordinance and resolution to the City Council. Mr. Thurm seconded the motion. Motion carried unanimously. Planning & Zonina Reaular Heetina September 25, 1991 Page 2 of 4 4. Election of Officers Mr. Thurm stated that Mr. Russell had served as Chairman for a lona time, he was very dedicated and contributed a tremendous amountt of hard work and knowledge to the Board. The Board members had sensed at the previous meeting that Mr. Russell wanted to step down as Chairman due to his intense lob schedule and responsibilities. Mr. Thurm nominated Mr. Berger as Chairman and Mr. Russell as Vice Chairman. Mr. Everett seconded the nomination. Motion carried unanimously. DISC USSION 1. Discussio Re Traffic Gen The Board members reviewed a summary presented by Linda Lester, City Planner. She noted that the source of her information *,. -gas provided by Trip Generation, Second Edition, 1979, Institute of Transportation Engineers. She outlined the contents of that summary. Discussion followed. 2. Discussion _ Rezonin Commerc Prop erty to_, Res_id nt al by Specia Exce Ms. Hutcherson, Code Enforcement Officer, presented to the Board a City of Cape Canaveral color -coded zoning map to enhance the Board members knowledge and provide them with an overview of special exceptions granted not used, special exceptions granted for residential use in a C -1 zone, commercial and industrial buildings and mobile home parks. She explained each item illustrated on the map. She noted that out of 21 granted special exceptions to construct residential in a C -1 zone, only ten had been construct Mr. Berger thanked Ms. Hutcherson for taking the time to provide the Board with the informative highlighted map. 3. Discussion _Re: . �Concep ts of Townh ouses in the City Ms. Wheeler stated that she had asked for this item to be placed on the agendas repeatedly. She further stated that she had areat difficulty in explaining herself and getting her concept across. She explained that she was not fastened on townhouses pursue. She did not have any big objection to townhouses. She had obser-7ed that there was a trend in the City to construct townhouses. After researching, she was appalled to find that the City had allowed so much residential in the commercial zone. It was her opinion that the criteria for recommending a special exception was very brief and it had appeared to her that there were numerous special exceptions granted in every category and particularly no procedure for analyzing their value. It was also her opinion that there was no way that an intelligent person could come into the City, look at a City zonina map and have any idea of what was going on in the City. She stated that one of her main concerns was the trend of the City. Mr. Thurm explained that commercial entities preferred to go south to Cocoa Beach because the businesses were more profitable there. It was his opinion that the City benefited from granting special exceptions for residential use in a commercial zone and that residential was in demand and appeared to be the trend of the City. He agreed that the concept of townhouses seemed to be stereotyped with limited creativity and originality. Mr. Thurm explained to Ms. Wheeler that C -1 property owners did not want their commercial property re -zoned residential because commercial property was sometimes worth two or three times greater than residential. Discussion followed. Planning & Zonina Reaular Meeting September 25, 1991 Page 3 of 4 Mr. Lloyd, advised that the Board of Adiustments takes into consideration the aesthetics of properties and welcomed any comments by the Plannina and Zoning Board. Discussion followed. Ms. Wheeler advised that this was not the discussion item she had asked for in the first place. It was her opinion that the Board needed to work out some common criteria to make judgments on approvina or disapproving special exceptions. Mr. Beraer asked the Secretary to include Ms. Wheeler's discussion item on the next agenda. The Secretary concurred. 4. Discussion Re: Recommendations_ to Chancre Various City Regulations, _ Ordinance C <__ Plan and Land Development Regulations Ms. Lester summarized the recommendations previously addressed to be changed. She noted that after all of the recommendations had been discussed and concluded to be chanaed by the Board members, the chances would then be typed in final draft form and recommended to City Council. The Board members reviewed additional recommendations contained in a memorandum dated Auctust 22, 1991, from Linda Lester. She questioned whether or not the Planning & Zoning Board actually approved a townhouse development schedule. Mr. Berger advised that the Board did approve townhouse schedules durina the site plan process only after the City Attorney reviews them. for discrepancies. The Board members discussed the definition of secondary non- residential uses. Mr. Berger explained to the new Board members the concept of an RPUD. Mr. Beraer suggested that the Board members review and make recommendations to define and make chances to the RPUD ordinance, definition of "secondary non - residential uses" and "public facilities ". The Board members discussed off - street parkina, the definition of a developer, visitors' parking in multi - family and townhouse developments. The Board members reviewed Section 641.21(C) of the Cape Canaveral Zonina Reaulations. Discussion was held regarding concepts of bay windows within the required setbacks. There being no further business, the meeting was adjourned at 10:00 P.M. Approved this _ 4 day of Qe_ - - -.. -- -- 1991. f1 r Chairman Secretary Plannina &Zcnina Reaular Meetina September 25, 1991 Page 4 of 4 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING OCTOBER 9. 1991 A Rea_ular Meetina of the Plannin Cape Canaveral. Florida, was held Hall Annex, 111 Polk Avenue. Cape was called to order at 7:30 P.M. Secretary called the roll. MEMBERS PRESENT Lamar Russell Richard Thurm Cecil Everett Fred DiStasio MEMBERS ABSENT Arthur Berger Mary Wheeler OTHERS PRESENT a & Zonina Board of the City of on October 9. 1991 at the City Canaveral. Florida. The meeting by Vice Chairman Russell. The Vice Chairman Alternate Alternate Chairman James Morgan Building Official James Woodman City Attorney Susan Nelson Secretary Mr. DiStasio moved to approve the minutes of September 25, 1991 as submitted. Mr. Everett seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Special Excep R equest No. 91 -6 to Construct Townhouses in a C -1 Zone. Section 23. Townsh 24 South, Range 37 East, Parcel 263 and 283.1 ( No rth_ of 790 Astronaut Boulevard) - James W. Murphy, Agent for William Bennix, Owner Mr. Murphy, Agent for Mr. Bennix. Owner, submitted a highlighted location map of the property (Exhibit 1); a section of an unrecorded final iudaement with an interpretation of the meaning of a special exception (Exhibit 2) ; and an explanation of a "Burden of Proof Not Met" contained in an undefined lawsuit (Exhibit 3). Discussion followed. Attorney Woodman gave a brief interpretation of the exhibits. He agreed only with the definition of a special exception as outlined in one of the exhibits. He advised that he could not give a legal opinion of the exhibits until he reviewed the documents in their entirety. Mr. Murphy explained that the exhibits were a summary of a final judgment. He advised that he would provide the City Attorney with the documents for his review. Attorney Woodman stated that he would report back to the Board after receiving and reviewing the documents in their entirety. Vice Chairman Russell noted a confusion in the sequence of specific sections of the Zoning Ordinance that allow and support Mr. Murphy's special exception request. Discussion followed. Planning & Zoning Regular Meeting October 9, 1991 Page 1 of 3 Discussion was held regardina whether or not the use of townhouses would adversely affect the surrounding areas and the community. Mr. Murphy noted that the ingress and egress would be directly off of AlA. Mr. Everett moved to table Special Exception Request No. 91 -6 until the next scheduled meetina so that the City Attorney would have the opportunity to review the exhibits in their entirety after receiving them from the applicant and to allow the applicant time to proofread the sequence of specific sections of the Zoning Ordinance written on the special exception application. Mr. DiStasio seconded the motion. Motion carried unanimously. Attorney Woodman reported that the owner of this property had performed some unauthorized land clearing. The City had made an inspection and advised the equipment operator to cease. The clearing had damaged root systems to old trees. He noted that the trees might die as a result of this carelessness. He suggested that the Board members inquire about the developer and do some investigating. Mr. Morgan, Buildina Official, advised that a State forester had made an investigation of the damage. He had reported that it may take up to three years to determine whether or not the trees would die. He noted that the trees may need to be removed during the development of the property. NEW BUSINESS 1. Preliminary Rq lat Approva C ape View Townhomes, Lots 1 and 12 ( Repl of Lots 1, 2 and 3) Block 24, Avon -by- the -Sea, Se 23, Township 24 South. -Ranee 37 Ea (609, 61 & 6 M adis on_ Avenue) - J ohn L . Murphy, Agent for Pamela S. Darmstadt and William DuPont Owners The Board members reviewed the preliminary replat for Cape View Townhomes. Mr. Morgan, Buildina Official, advised that Briley, Wild and Associates. City Engineers, recommended approval of the preliminary replat with the condition that the boundaries be changed to match the legal description. Discussion followed. Mr. Thurm moved to approve the Preliminary Replat of Cape View Townhomes with the condition that the boundaries be changed to match the legal description. Mr. Everett seconded the motion. Motion carried unanimously. DISCUSSION 1. Discussion Re: Dedication of Roads in Subdivisio The Board members reviewed Section 503.10(F), Final Acceptance of Work of the Cape Canaveral Land Development Regulations. Mr. Morgan, Building Official, pointed out that the City regulations had no provisions or statutory procedures to take over roads. Discussion followed. Vice Chairman Russell advised that the City Council had always accepted roads by Resolution and could do so without breaking the Charter. Discussion was held regarding calculating densities. It was recommended that developers construct their road(s) to City specifications, so that in the future if they wished to dedicate the road(s) over to the City. Planning_ & Zonina Reaular Meeting October 9, 1991 Page 2 of 3 The Board members concluded and recommended that the City Council workshop this discussion item to entertain adopting an ordinance and procedure for dedications of roads in subdivisions. Vice Chairman Russell requested that this item be placed under New Business for a motion on the next meeting agenda. 2. Discussion Re: Criteria for Recommending Approvals of Special Exceptions Vice Chairman Russell recommended that the other Board members think about the future intent of C -1 Zoning, obtain neighbors opinions and read the Comprehensive Plan for guidance. He advised that the Comprehensive Plan would not need to be changed if the City chooses to remove special exceptions from the City Ordinances because the district boundaries would not be altered. The Board members discussed Section 645.23. Written Findings: Violation of Safeguards of the Cape Canaveral Zoning Regulations. Vice Chairman Russell pointed out that the Planning & Zoning Board could require to see a site plan and buildina concept prior to recommending a special exception to the Board of Adjustments. Since Ms. Wheeler was not present at this meeting, Vice Chairman Russell requested that this item be placed on the next meeting agenda for further discussion. There being no further business, the meeting was adjourned at 9:00 P.M. ,_/ Approved this 3`� day of �G�C IXI.f 1991. f Chairman Secretary Planning & Zoning Regular Meetina October 9, 1991 Page 3 of 3 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING OCTOBER 23, 1991 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on October 23, 1991 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Berger. The Secretary called the roll. MEMBERS PRESENT Arthur Berger Lamar Russell Richard Thurm Mary Wheeler Cecil Everett Fred DiStasio Chairman Vice Chairman Alternate Alternate OTHERS PRESENT James Morgan James Woodman Susan Nelson Buildina Official City Attorney Secretary Mr. Russell moved to approve the minutes of October 9, 1991 as submitted. Mr. Everett seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Special Exception Request No. 91 -6 to Construct Townhouses in a C -1 Zone, Section 23, Township 24 South, Ranae 37 East, Parcels 263 and 283.1 (Located North of 7900 Astronaut Boulevard) - James W. Murphy, Agent for William Bennix, Owner Attorney Woodman gave a legal opinion of a lawsuit referred to as The First Interstate vs. Leo Nicholas which was entered as an exhibit at the previous meeting. Attorney Woodman believed that Mr. Murphy had entered the document to point out certain contents included in that lawsuit. It was his opinion that the meaning of a special exception contained in the lawsuit was correct. He read a portion of Section 645.23 of the Cape Canaveral Zoning Regulations and advised that the burden for making the final decision for granting or not granting a special exception was the responsibility of the Board of Adjustments. Attorney Woodman suggested that the Planning & Zoning Board give the rationale for determining their decision for either recommending or not recommending a special exception request to the Board of Adjustments. Discussion followed. Mr. Everett referred the Board to Section 645.13, Paragraphs (A) and (R) of the Cape Canaveral Zoning Regulations. Mr. Everett voiced the opinion that this special exception request was not compatible with surrounding areas; the ingress and egress would be a potential hazard; and that townhouses should not be constructed on this particular tract of land. Ms. Wheeler agreed. Planning & Zoning Regular Meetina. October 23, 1991 Page 1 of 3 The Board members reviewed a highlighted zoning map depicting the property location and surrounding areas. Discussion followed. Discussion was held regarding buffering, screening and setback requirements. Mr. Murphy, Agent for Mr. Bennix, Owner, noted that the developer had the same concerns as the Board. Mr. Thurm advised that a great portion of the property was compatible with surrounding areas to the North, South and West. Mr. Russell voiced the opinion that there was no compelling reason or need to grant the special exception request. He stated that he would not recommend approval of the request based on compatibility due to the lack of information presented to the Board. Discussion followed. Mr. Murphy stated that he would be happy to provide the Board with preliminary sketches if the Board so desired. The Chairman polled the Board members. Most of the members acknowledge that they would be willing to see more information. Mr. Murphy agreed to furnish the Board with more information at the next meeting. Discussion followed. Mr. Thurm moved to continue Special Exception Request No. 91 -6 at the next scheduled meeting. Mr. Russell seconded the motion. Vote on the motion was as follows: in favor, Mr. Beraer, Mr. Russell, Mr. Thurm and Ms. Wheeler. Mr. Everett abstained from voting. Motion carried. Chairman Berger summarized that the Board members would like to view a preliminary plat plan showing ingress and egress and a tentative layout of the development showing buffering and screening techniques at the next scheduled meeting. Mr. Murphy concurred. Preliminary Plat Approval, Harbor Heights West, Parcel 255 (N .W. Corner of Harbor Drive and Sea Shell Lane) - Owner Ernest Szapor Mr. Morgan informed the Board members that the owner of the property had requested that this item be aaended since the special exception was granted by the Board of Adjustments on October 21, 1991. Discussion followed. The Secretary noted that the Preliminary Plat was tabled by the Planning & Zoning Board on December 13, 1989. The Board members reviewed time requirements for items to be agended. Mr. Russell moved to postpone the preliminary plat for Harbor Heights West until the next scheduled meeting. Mr. Everett seconded the motion. Motion carried unanimously. NEW BUSINESS Motion Re: Recommendation to City Council to Discuss Dedication of Roads in Subdivisions Mr. Morgan notified the Board that the City had no written procedures for the acceptance of dedicating roads in subdivisions to the City. Mr. Russell noted that City Council had accepted roads by resolution in the past. Discussion followed. Discussion was held regarding different concepts of private roads vs. City roads. After discussion, Chairman Berger suggested that the City contact different cities and obtain their procedures for dedicating roads. Mr. Morgan concurred and stated that he would report back to the Board at the next meeting. Planning & Zoning Regular Meeting October 23, 1991 Page 2 of 3 2. Cancelling Regular Meetings of November 27, 1991 and December 25, 1991 Mr. Everett moved to cancel the meeting of November 27, 1991. Mr. Russell seconded the motion. Motion carried unanimously. Mr. Russell moved to cancel the meeting of December 25, 1991. Mr. Everett seconded the motion. Motion carried unanimously. The Board members reviewed a letter from Geiger, Geiger and Associates, requesting the Board to consider their site plan on November 13, 1991 if the Board cancelled the meeting of November 27, 1991. Discussion followed. Mr. Russell moved that the site plan be presented to the Board at the first meeting in December since it did not meet the time requirements to be heard on November 13, 1991. Mr. Everett seconded the motion. Motion carried unanimously. DISCUSSION 1. Discussion Re: Criteria for Recommending Approvals of Special Exceptions Ms. Wheeler voiced her opinions and concerns regarding special exceptions granted for townhouses and residential use in a commercial zone. Mr. Thurm voiced the opinion that when an owner requests a special exception for residential use in a commercial zone it should not be considered undesirable. He further stated that a developer of commercial property would investigate the market and demanded needs of the community prior to requesting a special exception to construct residential. Discussion followed. Mr. Russell pointed out that the criteria for recommending special exceptions was included in the City regulations; however, the criteria had not been exercised by the Board in the past. Discussion followed. Ms. Lester, City Planner, reported that almost every city required a preliminary drawing of a proposed project when considering a special exception request. Chairman Berger asked Ms. Lester to present the Board with different cities criteria for considering special exception requests at the first meeting in December. Ms. Lester concurred. 2. Discussion Re: Recommendations to Change Various City Regulations, Ordinances, Comprehensive Plan and Land Development The Board members reviewed and discussed recommended changes through page 100 of the Cape Canaveral Zoning Regulations. There being no further business, the meeting was adjourned at 10:10 P.M. Approved this i2iA day of i��C'�;PMI - )iNC 1991. 9 Chairman �t�+Z'1J1'1 � • ���Y1 Secretary Planning & Zoning Regular Meeting October 23, 1991 Page 3 of 3 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING NOVEMBER 13, 1991 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on November 13, 1991 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Berger. The Secretary called the roll. MEMBERS PRESENT Arthur Berger Chairman Lamar Russell Vice Chairman Richard Thurm Mary Wheeler Cecil Everett Alternate Fred DiStasio Alternate OTHERS PRESENT Joy Salamone Ann Thurm Rocky Randels Andy Kedzierski Edward Spenik James Morgan James Woodman Susan Nelson Mayor Council Member Council Member Council Member City Manager Building Official City Attorney Secretary Mr. Russell moved to approve the minutes of October 23, 1991 as submitted. Mr. Everett seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Special Exception Request No. 91 -6 to Construct Townhouses in a C -1 Zone, Section 23, Township 24 South, Range 37 East, Parcels 263 and 283.1 (Located North of 7900 Astronaut Boulevard) - James W. Murphy, Agent for William Bennix, Owner Mr. Murphy, Agent, submitted a rough sketch of a preliminary site plan and a property location map (Exhibit 4). The Board members reviewed the exhibits. Discussion followed. Mr. Everett voiced the opinion that this request was not practical in a commercial district. Discussion followed. Mr. Bennix, Owner, reviewed that surrounding areas had not been considered on a former special exception request for Gizella Townhomes, which had been granted without consideration of surrounding areas. He advised that commercial had surrounded that property on three sides. Attorney Woodman read Section 645.23 (Paragraphs A through K) , Written Findings: Violation of Safeguards of the Cape Canaveral Zoning Regulations. He explained that the Planning & Zoning Board would make a recommendation to the Board of Adjustments based on Section 645.23 and compatibility. He further explained that the Planning & Zoning Board was encumbered to state the reasoning(s) for determining their recommendation(s) to the Board of Adjustments. Discussion followed. Planning & Zoning Regular Meeting November 13, 1991 Page 1 of 3 Mr. Russell moved to recommend approval of Special Exception Request No. 91 -6 with the following conditions: 1. The special exception shall expire in two years from the date of approval if residential development has not started. 2. The property shall be utilized entirely for residential use. Mr. Thurm seconded the motion. Discussion followed. Vote on the motion was as follows: in favor, Mr. Berger, Mr. Russell and Mr. Thurm; opposed, Mr. Everett and Ms. Wheeler. Motion carried. 2. Preliminary Plat Approval, Harbor Heights West, Parcel 255 (N.W. Corner of Harbor Drive and Sea Shell Lane) - Owner Ernest Szapor The Board members reviewed the preliminary plat for Harbor Heights West. Mr. Morgan informed the Board that Briley, Wild and Associates, City Engineers, had recommended approval. He noted that utility currently existed to the property. Discussion followed. Mr. Thurm moved to approve the preliminary plat for Harbor Heights West. Mr. Everett seconded the motion. Motion carried unanimously. 3. Motion Re: Recommendation to City Council to Discuss Dedication of Roads in Subdivisions Mr. Morgan stated that the Board had requested the City contact different cities and obtain their procedures for dedicating roads at the previous meeting. Chairman Berger reviewed the contents of the members packets pertaining to this issue. Discussion followed. Mr. Everett moved to table this item to a future meeting since the majority of the members did not have an opportunity to review their packets. Mr. Russell seconded the motion. Motion carried unanimously. NEW BUSINESS Request to Vacate the East 1/2 of 80' Road Right -of -Way (Located East of Cape Shores Condominiums) — Petitioner was Kurt Tezel for Supra Color Enterprises, Inc. Mr. Tezel, Petitioner, advised that there were no plans to develop the property at this time. Mr. Morgan reported that Briley, Wild & Associates, had reviewed the request and found no problems. He advised that the utility companies would be notified. Discussion followed. Mr. Thurm inquired whether or not a title search had been done on the property. Being none, Mr. Woodman recommended that a title search be done prior to any action being taken by the Board. Discussion followed. Mr. Russell moved to table this request until a title search was performed by the applicant and reviewed by the City Attorney. Mr. Everett seconded the motion. Motion carried unanimously. Planning & Zoning Regular Meeting November 13, 1991 Page 2 of 3 DISCUSSION 1. Presentation by Mayor and City Council Re: Direction and Philosophies for 1991 -1992 Mayor Salamone explained that a City Planner had been hired to review the City Regulations and City Codes to check for verbiage, clarity and order of events and make recommendations of same to the Planning and Zoning Board and City Council. She further explained that lawsuits in the past, had been filed by developers, because they were not being allowed to function within the City Ordinances. Mayor Salamone outlined that City Council had asked the City Planner to review and re- address the following: Comprehensive Plan - widening A1A, hiah speed rail, and storage tank farm; Zonina Regulations - Section 640.15. RPUD (order of events) , Section 641.05 -07, Home Occupations, Section 641.33. Location of Recreation Vehicles. Campina Equipment. Boats (i.e. boats on the beach and boats pulled up on dunes). Discussion followed. Mayor Salamone urged cooperation from the Plannina & Zoning Board with the City Council and Administrative Staff. She requested that the Board members work closely with the Building Official, specifically with requests that may have a conflict or problem. Mayor Salamone reviewed that off - premise sians were not allowed. She noted that Code Enforcement Officers were constantly removing garage sale signs from trees and poles. She advised that the signs rip, tear and damage the trees and recommended that the residents use staked signs that are self - standing. Discussion followed. There being no further business, the meeting was adjourned at 9:50 P.M. Approved this tl'h day of lecember , 1991. Secretary 4a / Planning & Zoning Regular Meeting November 13, 1991 Page 3 of 3 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING DECEMBER 11, 1991 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on December 11, 1991 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman Beraer. The Secretary called the roll. MEMBERS PRESENT Arthur Berger Lamar Russell Richard Thurm Mary Wheeler Fred DiStasio �iSRMAi6 �i�9y Chairman Vice Chairman Cecil Everett Alternate Catherine Barnes Alternate OTHERS PRESENT Joy Salamone Mayor Ann Thurm Council Member Edward Spenik City Manaaer James Moraan Buildina Official James Woodman City Attorney Susan Nelson Secretary Ms. Wheeler noted a small typographical error and moved to approve the minutes of November 13, 1991 as amended. Mr. Russell seconded the motion. Motion carried unanimously. Chairman Beraer announced that the City was havina a non - perishable food drive for those in our community in need. He advised that collection boxes were located in the City Municipal buildinas and that cash donations would be accepted. UNFI BUSINESS 1. Re_ c ommendations to Chanae Vario C R Ord inances, Comprehensive Plan and Land Dev Reaulations - Linda Lester, City Planner Chairman Beraer informed the Board members that the recommended chanaes from Linda Lester. City Planner, were not received until after the Board packets were mailed. Since the Board members did - not have an opportunity to review the recommended chanaes, he suggested that this item be tabled until the second meetina in January. Mr. Russell moved to table this item until the second meetina in January, 1992. Ms. Wheeler seconded the motion. Motion carried unanimously. 2. Re gt est to Vacate the E 1/2 of 80' Road _Riah of -W (Lo cated East o Cape Shores Condominiums) - Petitioner was Ku rt Tezel for Supra Color Enterprises, Inc. Plannina_ & Zonina_ Reaular Meetina December 11, 1991 Paae 1 of 5 Mr. Moraan, Buildina Official, stated that the required title search had not been completed and that the applicant had requested that the Board postpone this request until further notice. Ms. Wheeler moved to postpone this request until further notice by the applicant. Mr. Thurm seconded the motion. Motion carried unanimously. NEW BUSINESS Sit Plan Approva Retail Buildina De Parcel 520 Se ction 14, Township 24 South, Range 37 East, (Loc Nort of Rich's Restaurant a nd South o Atlantic Gardens) - William Geiger and Franklin Hardaway. Owners Mr. Moraan, Buildina Official, advised the Board that the applicant had not completed addressing the comments from the City Eng'ineer's preliminary site plan review. Chairman Beraer informed the Board that the owner of the property had been granted a Special Exception to construction residential units. However. it was obvious that the owner had decided to utilize the property for commercial use. Mr. Russell moved to table this item until the next scheduled meetina. Ms. Wheeler seconded the motion. Motion carried unanimously. 2. S ite Plan Approval, Heater Buildina, Pa 271. Section 14, Township 24 South, Ranae 37 East, (Located at 10 Tanker Turn Road) - Henry Cartaya, Aaent for Coastal F Marketing, Inc., Owner Chairman Beraer advised that Coastal Fuels had applied to the Department of Environment Regulations (D.E.R.) for a permit to operate /construct air pollution sources for two hot oil heaters and that the City had partitioned not in favor of that request. Mr. Cartaya, Manager of Enaineerina for Coastal Fuels Marketina, Inc., stated that Coastal Fuels was seeking a Site Plan approval for a heater buildina. He advised that the buildina was an enclosure to protect two hot oil heaters. He outlined the type of construction of the building and dimensions. He explained that Coastal Fuels originally had six heaters; two uneconomical heaters had been removed in 1989; four heaters remained: and that the two new diesel fired, more efficient heaters, would supplement the two heaters previously removed. He outlined different types of fuels, contents of sulfur and ash from the fuels and stated that Coastal Fuels would entertain convertina the two new heaters to natural Gas when it became available in the future and that the two new heaters would eventually eliminate the necessity for the existina four heaters. Mr. Cartaya stated that if the heaters were eliminated, Coastal Fuels could not sell asphalt or #6 oil. Mr. Stanton. Vice President of Operations in Engineering for Coastal Fuels Marketina, Inc., outlined various names of airborne contaminants emitted and compared rates of emissions based on the maximum pounds per hour of the existina four heaters and the two new heaters. Discussion followed. After discussion, it was determined that the two new heaters would emit approximately one -half of the contaminants presently being emitted into the atmosphere by the existina four heaters. Attorney Woodman advised that since the heaters were included in the Site Plan, that the Board must consider their use as part of the property when reviewina the Site Plan. Plannina_ & Zonina_ Reaular Meetina December 11, 1991 Page 2 of 5 Mr. Russell moved to approve the site plan with the condition that an additional fire hydrant be installed at an acceptable location aareeable to both the developer and the Cape Canaveral Volunteer Fire Department. Ms. Wheeler seconded the motion. Motion carried unanimously. 4. Motion Re: Department of Natural R Reques for Public Comment, Lot 12, Block 24 Section 23, Township _ 24 South, Range 37 East. Avon by the Sea Subdivision, (Located South of 617 Madison Avenue) - Pamela S. Darnstadt, Applicant Chairman Beraer explained that the Department of Natural Resources (D.N.R.) had filed a Request for Public Comment to assist their department in developing facts to assist them in their permitting Mr. Mora_an. Buildina Official, stated that Mr. Neal Roaers from D.N.R., had advised that the 90 days alloted for public comment had expired and that the request was in a posture of stay. Discussion followed. It was concluded that the Board had reviewed the Request for Public Comment and that the Board had no comments for D.N.R. Mr. Russell moved to request that the applicant provide the structural data of the development prior to the Site Plan being considered for approval. Mr. Thurm seconded the motion. Motion carried unanimously. 5. Special Exception Request No. 91- to Const Townhouses in a C - Z one, . Eas 410' of Parce 519, S ection 14, Towns 24 South, Range 3 7_ East, (Located N.E. Corner of Washington Avenue and N. Atlantic Avenue) - Thomas Ouinn, Aaent The Board members reviewed a Preliminary Site Plan submitted by Mr. Quinn, Agent, (Exhibit 1). Discussion followed. It was noted that an existina lift station, located at the Washington Avenue Park, was at full capacity and needed to be upgraded. Discussion followed. Chairman Beraer voiced his concern reaarding vehicle parking problems on Washington Avenue. He made the suggestion that the building be set further back from the front of the property to alleviate the vehicles from parking over the sidewalk. Discussion followed. Ms. Wheeler voiced her opinion that she was disappointed and aaainst the entire concept of the submitted Preliminary Site Plan. Mr. Thurm voiced his opinion that the plan had almost no compatibility with the surrounding areas. He suggested that Mr. Quinn provide a Preliminary Site Plan to include the development of the entire parcel. Discussion followed. Attorney Woodman advised that the City Council would be discussing the potential use of the commercial portion of the property at their next scheduled meeting and urged that the Board members attend that meetina. Ms. Wheeler moved to table Special Exception Request No. 91 -8 to construct townhouses in a C -1 zone until the next scheduled meeting. Mr. Thurm seconded the motion. Motion carried unanimously. Plannina_ & Zonina_ Reaular Meeting December 11, 1991 Paae 4 of 5 Mr. Essler, Environmental Engineering Consultant for Coastal Fuels Marketing, Inc., outlined the D.E.R. permitting process. He noted that emissions would not be visible if the new heaters were maintained and fired properly. Mr. Arabian, a citizen, spoke of the Cape Canaveral Lagoon; chlorine, sulfur dioxide, acid rain and nitrous oxide; calculations of sulfur dioxide being emitted from fuel oil. He suaaested that scrubbers be installed to assist in reducina the emissions escaping into the air. Chairman Berger suggested that a study be performed to compare current emissions vs. future emissions to determine if the two new heaters would be more efficient_ Ms. Filkins, a citizen, questioned how many tons of pollutants were beina emitted now and in the future. Mr. Stanton answered that the new heaters would be readily available to be converted from diesel to natural gas which was a cleaner burning fuel. He explained different types of fuels used in the heaters. Discussion followed. Ms. Townsend, a citizen, questioned the type of fire protection currently on site and future plans for additional protection. Mr. Stanton answered that Coastal Fuels planned to bring the terminal up to current standards as quickly as possible and to modernize the canopies and loading racks areas. He stated that Coastal Fuels presently had fire extinguishes and was in the process of installing water lines around the perimeter of the property in conjunction with a foam deluge system. Mr. Stanton informed the Board members that the intent of the new tank was to change the mode and quantities of products received to allow larger quantities of product less often. Chairman Berger suggested that Coastal Fuels prepare to provide the following_ information to assist the Board in evaluatina their decision as follows: Comparisons of existing heater systems vs. new systems; calculations of capacity and volume outputs; update of fire protection system(s); growth plan and future potential for the facility; status of acquiring natural gas for use; information regarding various cleaning systems and will the method(s) be compatible with existing and future systems. Mr. DiStasio moved to table this item for additional discussion and gathering of various questions from the Board members and citizens to present to Coastal Fuels at the next meetina. Mr. Russell seconded the motion. Motion carried unanimously. Si te Plan Approval. Additi t o Marshall M anufact u ring C Parce 755, Sect 15 Township 2 South, Range 37 East, (_ 8880 Astronaut Boulevard) - Mars Manufacturing Corp., Owner Mr. Morgan, Building Official, reported that Scott Spooner, City Engineer from Briley, Wild & Associates, had reviewed and recommended approval of the Site Plan. He advised that Dave Saraeant, Fire Chief, Cape Canaveral Volunteer Fire Department, had requested that an additional fire hydrant be installed. Discussion followed. The Board members reviewed the Site Plan. Mr. Allen, Allen Engineering, answered various questions for the Board members. Planning_ & Zoning_ Reaular Meetina December 11, 1991 Pace 3 of 5 6. F inal Plat Approval, Harbor Heights West, Parcel 2 Section 14 Township 24 South, Range 37 East. (Located Corner of Harbor Drive and Sea Shall Lane) - Ernest Szapor, Owner Mr. Morgan, Building Official, advised that no chances had been made since the Preliminary Plat was approved and that Scott Spooner, City Engineer from Briley, Wild & Associates, had recommended approval of the Final Plat. Mr. Russell moved to approve the Final Plat for Harbor Heights West. Ms. Wheeler seconded the motion. Motion carried unanimously. There being no further business, the meeting was adjourned at 10:30 P.M. Approved this S?� "h day of r �CF r" l;fz. 199b ' S Chairman Secretary Plannina_ & Zonina_ Regular Meeting December 11, 1991 Page 5 of 5