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HomeMy WebLinkAbout P & Z Meeting Minutes 1992CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JANUARY 8. 1992 A Regular Meeting of the Plannina & Zoning Board of the City of Cape Canaveral. Florida, was held on January 8. 1992 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral. Florida. The meetina 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 Fred DiStasio Catherine Barnes Chairman Vice Chairman Alternate MEMBERS ABSENT Cecil Everett Alternate OTHERS PRESENT James Moraan James Woodman Susan Nelson Building Official City Attorney Secretary Ms. Wheeler moved to approve the minutes of December 11, 1991 as submitted. Mr. Russell seconded the motion. Motion carried unanimously. UNFINISHED BUSIN 1. Site Plan - App roval. Retail Buildina _Development_,_ Parcel 520, Section 14, T ownsh ip 24 So uth . , Ranae 37 East. (Located North of Ric h's Restaurant an South of Atlantic Gardens) - W Ge iaer _a nd Franklin Hardaway. Owners Mr. Morgan, Buildina Official. advised that the applicant had not completed addressing the comments from the City Enaineer's preliminary site plan review and that the applicant requested that the site plan approval be tabled until the next scheduled meetina. Chairman Berger reviewed that the owner of the property had been granted a Special Exception to construct residential units. However, the owner had decided to utilize the property for commercial use. Mr. Russell moved to table this item until the next scheduled meetina. Mr. DiStasio seconded the motion. Motion carried unanimously. 2. Site Plan App roval, Heat Bu ilding, 271 Section 14, Townsh S outh, Ranae 3 E ast. (Located a 10 Tanker Turn Road) __7 Henry Cartaya. Agent for Coastal Fuels Marketing, Inc., Owner Mr. Morgan. Buildina Official, informed the Board members that the applicant had requested this item be postponed until further notice. Plannina_ & Zonina Reaular Meetina January 8, 1992 Paae 1 of 4 The Board members reviewed a letter from Mr. Oscar Kastner, a citizen, voicing his concerns and questions reaardina the new heaters. Mr. Kastner questioned if the City of Cape Canaveral enforced the Florida Clean Act. Chairman Beraer answered that the Department of Environmental Reaulations (D.E.R.) was the reaulatory aaencv that enforces the Florida Clean Air Act. Ms. Wheeler advised that she noticed a new larae white chimney. approximately 20 feet high located on Coastal Fuels property. She questioned when it was built and what it was beina utilized for. Mr. Morgan stated that he was not aware of the new chimnev. However. he would make an inspection and report back to the Board. Mr_. Moraan reviewed that Coastal Fuels had applied to D.E.R. for a permit to operate /construct air pollution sources and that the City had petitioned that request. Discussion followed. Mr. Scott McCauley. a citizen, noted black soot around his screen patio. Mr. Russell advised that he had lived in Cape Canaveral since 1973. and that he never noticed the black soot until the cruise ships appeared at Port Canaveral. He compared the type of fuel that is used by the cruise ships and the refined quality of fuels burned at Coastal Fuels. The Board members comprised a list of various questions that they requested be addressed by Coastal Fuels as follows: 1. When was the large white chimney constructed and what is it utilized for? 2. Are the two new heaters aoina to aenerate more pollutants into the atmosphere than what is presently being emitted? 3. Answer all questions outlined in Mr. Kastner's letter dated December 24. 1991. Mr. Russell moved to postpone this item until further notice as requested by the applicant. Mr. DiStasio seconded the motion. Motion carried unanimously. 3. Special Excep tion Reque No. 91 -8 to Con struct Townhouses in a C -1 Zo ne, Eas tern 41 0' of Parce 51 Sec _1 To wns h i p 24 South ^ , Range 37 East. _( Located N.E Corner of Washington Avenue and N. Atlantic Avenue) - Thomas Ouinn. A gent The Board members reviewed a revised Preliminary Site Plan submitted by Mr. Quinn. Agent. (Exhibit 1). Discussion followed. It was noted that an existing lift station, located at the Washington Avenue Park, was at full capacity and needed to be upgraded. Discussion followed. Mr. Quinn advised that the townhouse buildings will be staggered as requested by the Board at the previous meeting. Mr. Quinn stated that he had presented to the City. a proposal to sell Parcel A to the City and donate Parcel B to the City, as displayed on the revised Preliminary Site Plan with the restriction that Parcel B be utilized for non - commercial use. He informed the Board that he did not intend to construct the townhouses on Parcel A; he would not request a Special Exception to construct townhouses on Parcel A or B in the future; and if he was not granted the special exception, he would not purchase the property. Plannina & Zonina_ Regular Meetina January 8, 1992 Page 2 of 4 Mr. Quinn asked that the Special Exception.be aranted to construct 15 townhouses on the eastern 410' of Parcel 519. Discussion followed. A general discussion was held reaardincr land- lockina and the necessity of access to a parcel of property by easement. Mr. Woodman, City Attorney, outlined the proposition that the Citv would be presenting to Mr. Quinn. He stated that the City would be seeking the following agreement: Move the 15 townhouses further west in order for the City to upgrade and move the present lift station to the eastern portion of the property: the aareement shall not be contingent upon the Special Exception beina approved; and that there be no restrictions for the use of Parcel B. Ms. Wheeler voiced her opinion that the Special Exception request and the exhibits submitted were too vaa_ue for her to make - an intelligent decision. Mr. Thurm voiced his opinion that townhouses were not compatible with the surroundina areas. Discussion followed. Mr. Russell moved to recommend approval of Special Exception Request No. 91 -8 with the contingency that the applicant sell Parcel A and Parcel B to the City of Cape Canaveral. Mr. Thurm seconded the motion. Motion carried unanimously. 4. Va riance Request No. 91 -5 to Allow Swimminq_Pool and Scre Enclosu to Encroach into the Required Se tbacks in a_R -3 Zone L ot 2, B 30, Section 23 Town 24 South Ran 37 East, Sea Monica I Subdivi (Located at 601 Monroe Avenue) - O. Scott McCauley, Owner The Board members reviewed a memorandum dated July 18, 1991, which had explained the sequence of events. Mr. Moraan informed the Board that no inspection had been requested until after the swimming pool and screen enclosure were completed. Discussion followed. Mr. McCauley submitted photographs of the swimming pool and screen enclosure (Exhibit 1). He advised that the swimming pool encroached approximately eight inches and the screen enclosure encroached approximately six feet into the required front setback. Discussion followed. Discussion was held regardina placina a time limit on the variance request. After discussion, it was concluded that a time limit would impose a hardship on the property owner. Mr. Morgan briefed the Board members on the history of the Bolanowski case. He explained that the Bolanowski's house encroached approximately twenty feet into the required front setback and that Mr. McCauley's screen enclosure encroached approximately six feet into the required front setback. Discussion followed. Mr. Thurm moved to recommend approval of Variance Request No. 91- 5 to allow a swimming pool and screen enclosure to encroach into the required front setback due to the fact that the City may have contributed to the erroneous positioning of the structures. Mr. DiStasio seconded the motion. Motion carried unanimously. Planning & Zoning Reaular Meetina January 8, 1992 Page 3 of 4 There being no further business, the meeting was adjourned at 9:30 P.M. Approved this day of c�c7��uari � �, 1994. Secretary Chairman Plannina & Zoning Reaular Meetina January 8, 1992 Paae 4 of 4 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JANUARY 22, 1992 A Regular Meeting of the Planning & Zonina Board of the City of Cape Canaveral, Florida, was held on January 22, 1992 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 Catherine Barnes Alternate MEMBERS ABSENT Mary Wheeler Fred DiStasio Cecil Everett Alternate OTHERS PRESENT James Morgan Building Official Linda Lester City Planner Thomas Kleving Building Inspector Susan Nelson Secretary Mr. Russell moved to approve the minutes of January 8. 1992 as submitted. Mr. Thurm seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS R ecommendations to Change Various Citv Regulations, Ordinances, Comprehensive Plan, and Land Development Regulations - Linda Lester, City Planner The Board members reviewed recommended changes to pages 100 -139 of the Cape Canaveral Zonina Regulations. Discussion was held regarding terms of the Board of Adjustments members. Chairman Berger suggested that Linda Lester contact the City Clerk to acquire the information. Discussion continued. Discussion was held regarding special exceptions. Some of the Board members agreed that a preliminary site plan should be furnished by the applicant showing a proposed development concept. Discussion was held regarding the elimination of special exceptions. Mr. Russell voiced the opinion that the City was not complying with the adopted Comprehensive Plan by allowing special exceptions. Chairman Beraer requested that this issue be place on the next meeting agenda for further discussion. Discussion was held regarding Section 643.05(B) of the Cape Canaveral Zoning Regulations. Mr. Morgan, Building Official, stated that the Bolanowski residence, located at 6920 Ridgewood Avenue, was a leaally non - conforming lot of record and that the structure violated setback requirements. Discussion continued. Mr. Russell explained that the intent of this regulation was to allow non - conformances, although, not to encourage their continuance. Discussion continued. Planning & Zoning Regular Meeting January 22, 1992 Paae 1 of 2 The Board members reviewed a memorandum from Evelyn Hutcherson, Code Enforcement Officer, dated January 15, 1992, which explained that when Chapter 657, Tree Protection and Land Clearing, was adopted, Chapter 622, Land Clearings and Land Burning; and Chapter 657, Tree Protection, had been deleted in their entirety from the Land Development Regulations. Discussion followed. After discussion, the Board members agreed that the two sections should be re- adopted. 2. Site Plan Approva Retail Buildina Development, Pa 520 Section 14, Township 24 South, Range 37 East, (Located N orth of Rich's Restaurant and South of Atlantic Gardens) - William Geiger and Franklin Hardaway, Owners Mr. Morgan, Building Official, advised that the applicant had not completed addressing the comments from the City Engineer's preliminary site plan review and that the City Engineer's did not recommend approval of this site plan until all the comments had been satisfactorily addressed. Mr. Thurm moved to postpone this item until further notice. Mr. Russell seconded the motion. Motion carried unanimously. There being no further business, the meeting was adjourned at 9:00 P.M. Approved this � ��- day of ][� e,wa-4-14 199 i (� Chairman / Secretary Planning_ & Zonina Reaular Meetina January 22, 1992 Page 2 of 2 CAPE CANAVERAL ' PLANNING & ZONING BOARD REGULAR MEETING FEBRUARY 26, 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on February 12, 1992 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 Catherine Barnes Alternate MEMBERS ABSENT Fred DiStasio OTHERS PRESENT James Morgan Building Official Leslie Clark City Attorney Susan Nelson Secretary Ms. Wheeler moved to approve the minutes of February 12, 1992 as submitted. Vice Chairman Russell seconded the motion. Motion carried unanimously. UN FINISHE D B USINES S 1. Site Plan App roval , Re tail Bui ldi q Development, Parc 5 20, Section 24 South, Range_37 East,_ (Located North of Rich's Restaurant and South of Atlant Gardens) - W illiam Geiger and F ranklin Harda Ow ners Mr. Morgan, Building Official, advised that the City Engineer had recommended approval of the site plan with the condition that the remaining comments be satisfactorily addressed. The Board members reviewed the submitted site plan. Discussion followed. Mr. Stolen, Project Engineer, answered various Board members questions. He noted that there were no plans to develop the eastern portion of the property. Mr. Thurm moved to approve the site plan for the Geiger and Hardaway Retail Building with the contingency that all of the City Engineer's comments be satisfactorily addressed. Mr. Russell seconded the motion. Vote on the motion was as follows: in favor, Ms. Barnes, Mr. Berger, Mr. Russell and Mr. Thurm; opposed, Ms. Wheeler. Motion carried. 2. Prelimina ___ A pprova l, Oc _Court_ Parcel -- 1 To wnshi p 24 Sout Range 37 Ea (Loc ated We st of Ocean - - - - -- -- - _ - - -- --------------- Woods) - James W. Murvhv. Aaent for William Bennix. Owner Mr. Moraan. Building Official, advised that the City Engineer recommended approval of the preliminary plat with the condition that the building setback lines be drawn on the plat. Planning & Zoning Regular Meeting February 26, 1992 Page 1 of 3 City Attorney Clark outlined her suggestions to chance the submitted Protective Covenants for Ocean Court as follows: legal description should be checked for accuracy, grantor and grantee should be defined, value of insurance should be specified, and that the Home Owners Association be a permissive entity in Article IV. Discussion followed. Mr. Murphy, agent for Mr. Bennix, Owner, advised that the owner had no future plans to dedicate the road to the City at a later date and that the road would be built to City specifications. Discussion followed. Mr. Thurm moved to approve the Preliminary Plat for Ocean Court subject to the submitted Protective Covenants being changed to satisfy the aforementioned suggestions presented by the City Attorney. Mr. Russell seconded the motion. Vote on the motion was as follows: in favor, Ms. Barnes, Mr. Berger, Mr. Russell and Mr. Thurm; opposed, Ms. Wheeler. Motion carried. NEW BUSINESS 1. Site Plan Ocean Court, - Parc el 547 S ection 14 , Township 2 So uth, Range 37 East, ( Locate d West of Ocean Woods) - J ames W. Murphy, Age nt for William Bennix_ Mr. Morgan, Building Official, advised that the City Engineer did not have an opportunity to review the revisions made to the site plan from his previous comments due to it's late submittal. Mr. Morgan explained that the City Engineer had recommended that this request be tabled until the next scheduled meeting. Mr. Thurm moved to table the site plan approval for Ocean Court until the next scheduled meeting. Mr. Russell seconded the motion. Motion carried unanimously. DISC USSION 1. Discussion R e: Special Ex ceptions i M -1 and C -1 Zones Chairman Berger reviewed the discussion from the previous meeting. He pointed out that the market dictated what a developer would build. Discussion followed. Ms. Wheeler voiced the opinion that special exceptions were ridiculous, created mis- matched zoning, they were not fair to future property owners and that there was no logic to granting special exceptions. City Attorney Clark voiced the opinion that special exceptions allow for spot zoning and created inconsistencies. She recommended that a site plan be required to be submitted with every special exception request. The Board members reviewed the Cape Canaveral Zoning Map. Discussion followed. Mr. Thurm voiced the opinion that the City should specifically be concerned with what this City needs rather than continuously comparing Cape Canaveral to other Cities. Mr. Russell voiced the opinion that the City was spot zoning by allowing special exceptions and that special exceptions were inconsistent with the Comprehensive Plan and Zoning Map. He agreed with Attorney Clark that a site plan should be provided with a special exception request. He suggested that additional guidelines be implemented for special exception requests. Discussion followed. Planning & Zoning Regular Meeting February 26, 1992 Page 2 of 3 Mr. Morgan, Building Official, gave the opinion that if the City requires a developer /owner to provide a site plan with a special exception request in order to comply with City regulations, it would create the developer /owner to acquire equity in the development prior to the project being approved which could possibly create a civil suit against the City if the request was denied. Discussion followed. The Board members reviewed Section 638.07, M -1 Special Exceptions Permissible by Board of Adjustment. Discussion followed. Ms. Wheeler voiced the opinion that the use of petroleum products, service stations, and tanks, should be eliminated from being an allowable use in an M -1 zone. Discussion was held regarding hazards of natural petroleum products. Chairman Berger requested that this discussion item be placed on the next agenda for further discussion. 2. Discussion Re: Dedication of Roads in Subdivisions Chairman Berger reviewed that the Mayor had directed the City Attorney at the last meeting to provide an ordinance outlining specific criteria and procedures for the dedication of roads in subdivisions and that the Mayor had asked that the Planning & Zoning Board review the draft and make recommendations to City Council. City Attorney Clark apologized to the Board members for not providing them with ordinance draft as requested. Chairman Berger requested that this item be postponed. The Board members concurred. There being no further business, the meeting was adjourned at 8:45 P.M. Approved this _ day of Mar ch _ 1992. Chairma Secretary Planning & Zoning Regular Meetina February 26, 1992 Page 3 of 3 CAPE CANAVERAL ' PLANNING & ZONING BOARD REGULAR MEETING FEBRUARY 12, 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on February 12, 1992 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meetina 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 Fred DiStasio MEMBERS ABSENT Cecil Everett Alternate Catherine Barnes Alternate OTHERS PRESENT Joy Salamone Mayor James Morgan Buildina Official Leslie Clark City Attorney Susan Nelson Secretary Mr. Thurm moved to approve the minutes of January 22, 1992 as submitted. Vice Chairman Russell seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Site Plan App roval, Reta B Parcel 520_,_ Section 14_, Township 24 South_ ,R ange 37 East (Located North _ -- of Rich's Restaurant and South of_At Ga rde_n__s)= William Geig and Franklin Harda O wners Mr. Morgan, Building Official, explained that the property owners had requested that the site plan be placed on the aaenda because they had assumed that their engineer had addressed all of the comments contained in the City engineer's preliminary site plan review. Mr. Morgan advised that the City Engineer did not recommend approval of the site plan since all of the comments were still not satisfactorily addressed. Vice Chairman Russell moved to postpone this item until further notice. Mr. DiStasio seconded the motion. Motion carried unanimously. NEW BUSINESS 1. P Plat Appr Ocea Cou P arce l 547_1 Section 14, Township 2 4 Sou Range 37 East, (L ocated W est of Ocean Woods) - James W. Murph Agent for William Bennix Mr. Morgan, Building Official, advised that the City had mailed the preliminary plat to the City engineer in a timely fashion for Plannina & Zoning Regular Meetina February 22, 1992 Page 1 of 2 review. However, the City engineer did not have an opportunity to review the plat. Discussion followed. The Board members reviewed the preliminary plat. Discussion continued. Mr. Thurm moved to table the preliminary plat approval for Ocean Court until the next scheduled meeting. Mr. DiStasio seconded the motion. Motion carried unanimously. DISCUSSION 1. Disc ussion Re: Special Exception Discussion was held regarding residential use by special exception in a commercial zone. Discussion continued. Vice Chairman Russell voiced the opinion that the City was actually rezoning by allowing special exceptions for residential use in a commercial zone. Ms. Wheeler and Mr. Thurm agreed. Discussion followed. It was noted that the Comprehensive Plan would not need to be changed if the City decided to eliminate special exceptions. Mayor Salamone asked the Board members to look around the City and see how much undeveloped commercial property existed before making a determination to eliminate special exceptions. She questioned what was best for the City, more commercial or residential. Mr. Quinn, a developer and citizen, gave the opinion that he would prefer Cape Canaveral to become a bedroom community rather than commercial. Chairman Berger requested that the Board members review special exceptions in M -1 and C -1 zones and make recommendations at the next scheduled meeting. 2. Disc ussion Re: Dedication of Roads in Subdivisio Chairman Berger explained the current procedure for dedicating roads in subdivisions. Mayor Salamone advised that the City Attorney had been instructed to provide the City Council with an ordinance outlining specific criteria and procedures for the dedication of roads in subdivisions. She asked that when the ordinance draft is available, that the Planning & Zoning Board review the draft and make recommendations to City Council. Add -On I tem 1. Screening Between Residential and Commercial Ms. Wheeler questioned who would be responsible for screening_ a new residential development in a commercial zone. Mr. Morgan stated that he always requested the developer of the new residential development to screen between the properties as did previous Building Officials. Discussion followed. There being no further business. the meeting was adjourned at 8:15 P.M. Approved this 'Z�G day of Secretary 1992 . Chairman Planning & Zoning Regular Meeting February 22, 1992 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MARCH 11, 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on March 11, 1992 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 Fred DiStasio Catherine Barnes Alternate MEMBERS ABSENT Mary Wheeler OTHERS PRESENT Thomas Kleving Building Inspector John Kancilia City Attorney Susan Nelson Secretary Mr. Russell moved to approve the minutes of February 26, 1992 as submitted. Ms. Barnes seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Site Plan Approval,_ - . Ocean Court, Parcel _547.1,_ Section 14, Township 2 . 4_ South, Range 37 East, (L ocated West of Ocean Woods)_ - _James W._ Murphy, - _Agent _for William_Bennix_ Owner Mr. Klevina, Building Inspector, advised that Briley, Wild & Associates, City Engineer's, had reviewed the submitted site plan for Ocean Court and had recommended approval with the following contingencies: applicant provide a permanent on -site bench -mark and correct discrepancies in the legal description. Mr. Kleving further advised that the protective covenants had been revised as previously requested by the Board with the exception of the insurance being more specific. The Board members reviewed the submitted site plan. Discussion followed. Mr. Russell moved to approve the site plan for Ocean Court with the following conditions: applicant provide a permanent bench -mark and correct the legal description. Mr. DiStasio seconded the motion. Motion carried unanimouslv. DISCUSSION 1. Discussion Re: Special_ Exceptions_ in M =1 and C-1 Zones Chairman Berger suggested that since Mr. Morgan, Building Official, and Ms. Wheeler, Board member were not present at this meeting, that this item be tabled until the next scheduled meeting. Planning & Zoning Regular Meeting March 11, 1992 Page 1 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MAY 13, 1992 A Reaular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on May 13, 1992 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 Catherine Barnes Alternate Steve Roney Alternate MEMBERS ABSENT Fred DiStasio OTHERS PRESENT James Morgan Building Official Kevin Markey Assistant City Attorney Susan Nelson Secretary• Mr. Russell moved to approve the minutes of March 11, 1992 as submitted. Mr. Thurm seconded the motion. Motion carried unanimously. NEW BUSINESS 1. Spec Exception Req No. 92 -02, to Const a Two-Fami Dwelling in a C -1 Zone, Lot 16, Block 6 5, Av on -by- t he - Sea, - - - -- -- Section 23, Township 24 South, Range 37 East, ( Located at the N .W. Corner of Lincoln and Poinsetta Avenues) - Petitioner was Joan Calvert, Owner The Board members reviewed the special exception request submittal. Discussion followed. Ms. Calvert, owner, advised that the adjacent and surrounding properties were all utilized as residential uses. Discussion was held regarding setback requirements and lot widths. Mr. Russell moved to recommend approval of Special Exception Request No. 92 -02 since the request was compatible with surrounding areas. Mr. Thurm seconded the motion. Discussion followed. Motion carried unanimously. 2. Preliminary Replat Approval, Sea Era Segundo, Lots 1 -8, ( Re plat of Lots 1, 2, 6 and 7), Block 40, Av on_ by th -Se Section 23, Township 24 South, Range 37 Ea _ (Located at the Corner of Tyler and Harrison Ave _-- William _A._Poen Vice President of Sea Era Sands Development Corporatio Mr. Mills, Land Surveyor, submitted a preliminary site plan of the property for the Board members preliminary review. Planning & Zoning Regular Meeting May 13, 1992 Page 1 of 2 Mr. Morgan, Building Official, noted that the preliminary plat for Sea Era Segundo, met all the City code requirements. Discussion continued. It was pointed out that the density calculations had decreased from twelve units to eight units. Discussion was held regarding the changes in the original approved site plan for Sea Era Sands, retention areas, density calculations, number of parking spaces, and setback requirements. Discussion continued. Mr. Russell moved to approve the preliminary plat for Sea Era Segundo with the condition that the revised site plan for Sea Era Sands be submitted, reviewed and approved by all necessary regulatory agencies. Mr. Thurm seconded the motion. Motion carried unanimously. 3. Fence Exemption Request No. 92 -01, Jungle Village, Parcel 817, Section 15, Township 24 South, Range 37 Ea (8801 Astronaut Boulevard) - Petitioner was James Allen Owner Chairman Berger announced that the property owner had submitted a letter requesting that the fence exemption application be withdrawn. There being no further business, the meeting was adjourned at 8:15 P.M. Approved this �� day of 1992. Chairma Secretary Planning & Zoning Regular Meeting May 13, 1992 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING MAY 27, 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on May 27, 1992 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 Richard Thurm Mary Wheeler Fred DiStasio Catherine Barnes Alternate Steve Roney Alternate MEMBERS ABSENT Lamar Russell Vice Chairman OTHER PRESENT Rocky Randels Council Member James Morgan Building Official Kevin Markey Assistant City Attorney Susan Nelson Secretary Ms. Wheeler moved to approve the Minutes of May 13, 1992 as written. Mr. Thurm seconded the motion. Motion carried unanimously. NEW BUSINESS 1. Pre limina r y Plat Approval, Park Villas, Eastern 410 ft. of Parcel 519, Section 14, Township 24 South, Range 37 East - Thomas Quinn, Agent The Board members reviewed the submitted Preliminary Plat for Park Villas. Discussion was held regarding the approved Special Exception for Park Villas. Mr. Quinn, Agent, informed the Board members that Mr. Spenik, City Manager, had advised the Mayor and City Council that no expansion was needed for the Washington Avenue pump station and that the City did not desire to purchase any of the property. Discussion followed. Mr. Morgan, Building Official, noted that Mr. Spooner, City Engineer, had reviewed the preliminary plat and recommended approval. Mr. Thurm moved to approve the Preliminary Plat for Park Villas. Mr. DiStasio seconded the motion. Motion carried unanimously. 2. P relim ina ry Plat Approval, Disc Bay, a Portion of Parcel 790, Sect 15, Township 24 South, Range 37 East - James W. Peeples, Agent The Board members reviewed the submitted Preliminary Plat for Discovery Bay. Discussion was held regarding the construction of Tower Boulevard. Planning & Zoning Board Regular Meeting May 27, 1992 Page 1 of 2 It was noted that the deed restrictions and protective covenants for Discovery Bay had not been submitted for review. Discussion followed. Mr. DiStasio moved to approve the Preliminary Plat for Discovery Bay with the condition that the deed restrictions be submitted, reviewed and approved by the City Attorney prior to the final plat beina considered for approval. Mr. Thurm seconded the motion. Motion carried unanimously. Add -On Discussion Items: 1. Discussion Re: Preliminary Plat Procedures Chairman Berger requested that the Secretary place a discussion item on the next agenda regarding preliminary plat procedures. The Secretary concurred. 2. Discussion Re: Chapter 624, Flood Damaae Protection Discussion was held regarding possible changes to Chapter 624, Flood Damage Protection and Chapter 668, Floodplain Protection, of the Cape Canaveral Code of Ordinances. Kevin Markey, Assistant City Attorney, advised that the City Council would be discussing recommended changes at their meeting scheduled for June 11, 1992. Chairman Berger requested that the Secretary mail the proposed changes to the Planning & Zoning Board members prior to the next meeting and to place the item for recommendation (s) to City Council on the next agenda. The Secretary concurred. There being no further business, the meeting was adjourned at 8:30 P.M. Approved this l � �h day of �TUT7C, 1992. Chairmap Secretary Planning & Zoning Board Regular Meeting May 27, 1992 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JUNE 10, 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on June 10, 1992 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 Catherine Barnes Alternate MEMBERS ABSENT Fred DiStasio Steve Roney Alternate OTHERS PRESENT James Morgan Building Official Kevin Markey Assistant City Attorney Susan Nelson Secretary Ms. Wheeler moved to approve the minutes of May 27, 1992 as written. Vice Chairman Russell seconded the motion. Motion carried unanimously. NEW BUSINESS 1. Site Plan Approval, Park Villas, Eastern 41 f t. of Parcel 519, Section 14, Township 24 South, Ra nge 37 East, (Locat N. E. Corner of Washington and N. Atlan Avenues) - Thomas Quinn, Agent The Board members reviewed the submitted site plan for Park Villas. Discussion followed. Mr. Morgan, Building Official, advised that the City engineer had recommended approval with the contingency that all of the engineering comments be satisfactorily addressed. Mr. Thurm moved to approve the Site Plan for Park Villas with the contingency that all of the City engineering comments be satisfactorily addressed. Vice Chairman Russell seconded the motion. Motion carried unanimously. 2. Revised Site Plan Ap prova l, Sea Era Sands Lots 1, 2, 6 & 7, Block 40 Avon by_the, - Sea, S 2 3 ,_ Townsh 2 4 South Range 37 East, (555 Harrison Ave nue) - Ric Po enis ch , Agen 3. Site Plan _ Appr ova l, Sea Era Segu Lo ts_ 1 -8 Block 40 Avon - by_ the= Sea�ec _ 23, Towns hip_ 24 South, Range_ 37 Ea st 1 _ _. _ (Located_a _ the Corne of Tyler and Har Ave - Richard Poenisch, Ag ent Planning & Zoning Regular Meeting June 10, 1992 Page 1 of 2 4. Final Replat Approval, Sea Era Segund 1 -8, (R _p of Lot 1, 2, 6 & 7 ) , Block 40 A von -b y_- the - Se a_,_ Sec tion 23 _ T ownship 24 So uth, Range 37 East, (Loc at the Co rner o Tyler and Harrison Avenues) - Ric Po Ag ent Chairman Berger advised that the developer had requested that agenda items 2, 3 and 4 be tabled until the next scheduled meeting. Vice Chairman Russell moved to table agenda items 2, 3 and 4 until the next scheduled meeting as requested by the developer. Ms. Wheeler seconded the motion. Motion carried unanimously. 5. Motion Re: Recom mendation to City C ouncil to Chana Chapt 624_ Flood D amag e Pr otection and Chapter _66 Fl_oodplain Protection, of the Cape Canaveral Code of Ordinances Mr. Markey, Assistant City Attorney, advised that the City Council would be reviewing the changes he had recommended to Chapter 624, Flood Damage Protection. The Board members reviewed the recommended changes. Discussion followed. Vice Chairman Russell moved to recommend that the commments prepared by Mr. Markey in regards to Chapter 624, Flood Damaae Protection, be submitted to City Council for approval and incorporated into the City ordinances. Mr. Morgan advised that he had been instructed by the City Manager in a memorandum dated June 10, 1992 to contact various regulatory agencies for their recommendations to change Chapter 668, Flood Plain Protection. He suggested that the Board table this item until the requested research is completed. The Board members concurred. DISCUSSION 1. Discussion Re: Preliminary Plat Procedures Discussion was held regarding the submittal and review process of protective convenants and site plans. Discussion continued. There being no further business, the meeting was adjourned at 8:45 P.M. Approved this Zip(` day of 1992. Chairman Secretary Planning & Zoning Regular Meeting June 10, 1992 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING JUNE 24, 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on June 24, 1992 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 Steve Roney MEMBERS ABSENT Fred DiStasio Mary Wheeler Catherine Barnes OTHERS PRESENT James Morgan Thomas Kleving Kevin Markey Susan Nelson Chairman Vice Chairman Alternate Alternate Building Official Building Inspector Assistant City Attorney Secretary Vice Chairman Russell moved to approve the minutes of June 10, 1992 as written and submitted. Mr. Thurm seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Re _Site _Plan Appr _Se E ra _S ands, Lot 8 -14 , Block 4_0,_ Section 2 3, _Town South� 37 East, (55 Ha rrison Avenue) - Richard Poenisch, Agent The Board members reviewed the submitted revised site plan for Sea Era Sands. Mr. Morgan, Building Official, explained that the developer had decreased the density by removing a total of four units from the original approved site plan. He informed the Board that the City Engineer had recommended approval of the revised site plan. He advised that since the original site plan did not allow adequate room for emergency vehicles, he recommended that the contractor provide turf block on the East portion of the property for emergency ingress /egress if approved by the Department of Natural Resources (D.N.R.). Mr. Poenisch, Agent for Sea Era Sands Development Corporation, stated that the developer had no objection to provide the above if approved by D.N.R. Discussion was held regarding density calculations, pervious and impervious areas, setbacks, parking, and ingress /egress on Ridgewood Avenue. Mr. Kammarude, Draftsman for M & K Drafting, noted that nothina East of the construction control line had been changed from the original approved site plan. Planning & Zoning Regular Meeting June 24,1992 Page 1 of 4 Mr. Markey, Assistant City Attorney, informed the Board members that the Articles of Incorporation and Deed Restrictions had not been submitted for his review and approval. Mr. Poenisch stated that they were not received from the cooperate office. He respectively requested that the Board place the approval of the Articles of Incorporation and Deed Restrictions as a contingency of the site plan approval if the Board so desired. Mr. Thurm moved to approve the Revised Site Plan for Sea Era Sands with the following contingencies: 1. The contractor shall provide turf block on the East portion of the property for emergency ingress /egress to meet the satisfaction of the Cape Canaveral Volunteer Fire Department if approved by the Department of Natural Resources. 2. The Articles of Incorporation /Deed Restrictions shall be submitted, reviewed and approved by the City Attorney. Vice Chairman Russell seconded the motion. Motion carried unanimously. 2. Site Pla App Sea Er Segu ndo, Lot 1 -8, Block 4 0_ ,� Avon- b y- the - Section 23, Town 24 South, Range 37 East_ (Located a t the Cor of Tyler and Harrison Avenues) - Rich Poenisch, Agent The Board members reviewed the submitted *site plan for Sea Era Segundo. Chairman Berger recapped that the Board members had previously discussed the possibility of ingress /egress problems on Ridgewood Avenue during the preliminary plat review of this development. Mr. Kammarude stated that the parking specifications met the minimum City code requirements. He pointed out that each townhouse would have a garage and two additional parking spaces. Discussion was held regarding various existing parking problems on Ridgewood Avenue and throughout the City. Mr. Poenisch, Agent, reviewed that the developer had decreased the living units from twelve units to eight units. Chairman Berger stated that the City appreciated the developer lowering the density however, by doing so, the developer was compounding a potential traffic problem and commented that more creativity could alleviate that concern. Vice Chairman Russell voiced the opinion that part of the criteria in a site plan review process, was to review a traffic flow diagram to ensure that orderly and safe traffic flow was permitted and no problems were created by a proposed ingress /egress route. He pointed out that Ridgewood Avenue was a main thorough -fair and not a residential side street. It was his opinion that this project would create and compound an existing traffic safety problem. The other Board members agreed. The Board members discussed stormwater retention, drainage, setbacks, and compared the ingress /egress concept of the original approved site plan with the proposed site plan for Sea Era Segundo. Discussion continued. The Board members reviewed Section 645.05 (C)(1), Site Plan Submittal and Review Procedures, Site Plan Criteria Required, Paragraph D, of the Cape Canaveral Zoning Regulations. Planning & Zoning Regular Meeting February 22, 1992 Page 2 of 4 Vice Chairman Russell moved to disapprove the site plan for Sea Era Segundo because the project concept created a potential traffic hazard by creating multiple driveways on a main thorough -fair. Mr. Thurm seconded the motion. Discussion followed. Vice Chairman Russell pointed -out that this type of concept had been approved in the past however, the other developments were not located directly on Ridgewood Avenue. It was his opinion that the parking situation would also create an aggravating situation across the street at the Ridgewood Condominiums. Chairman Berger agreed and advised that a majority of the other developments backed their cars onto the side streets and reiterate that more creativity would alleviate this concern. Discussion continued. Mr. Kammarude repeated that the site plan complied with all applicable current City codes. He noted that this development had more additional parking than other existing developments located on Ridgewood Avenue. Vice Chairman Russell advised that the developer could withdraw the agenda item at anytime if he so desired. Discussion was held regarding possible other concepts for the development of the property. Mr. Russell moved to withdraw his original motion. Mr. Thurm seconded the withdrawal and moved to table this agenda item until further research was performed on the potential traffic problems that may exist on Ridgewood Avenue. Mr. Russell seconded the motion. Motion carried unanimously. Fi nal Replat Appr oval_, _Sea Era Segun Lots 1-8, {Re plat of Lot 1,2, & 7), Blo 40 _ Av -b y= the_ - Sea - _Section 23, Towns 2 4 South ge Ra 37 E ast, {Located at the Co rner of er and Vice Chairman Russell moved to table the Final Replat for Sea Era Segundo. Mr. Roney seconded the motion. Motion carried unanimously. NEW BUSINESS 1. Site Plan _ Disco ver Bay, a __port_ion o Par 790 Se ctio n 15 __Townsh 24 South, Rang 3 7 East - Jame W. Peeples, Agent Mr. Markey, Assistant City Attorney, advised the Board members that he had reviewed and commented on the original submitted Deed Restrictions and Protective Covenants and that he received a new set this evening and did not have an opportunity to review them. Mr. Morgan, Building Official, informed the Board that the City Engineer, had recommended approval of the site plan with the condition that his remaining engineering comments be satisfactorily addressed. Mr. Morgan further informed the Board members that the Cape Canaveral Volunteer Fire Department had requested that the fire hydrant be relocated. Chairman Berger gave a brief history of Discovery Bay and pointed out that this site plan had been previously approved however, the time had expired. The Board members reviewed the contingencies placed on the original approved site plan. Discussion followed. Mr. Markey stated that the site plan and final plat must comply with Section 503.05, Procedure for Approval of Final Plat of the Cape Canaveral Subdivision of Land Regulations. Mr. Markey advised that he had reviewed an executed easement that was not recorded. He recommended that the City perform a title search and that the City reinsure that if the easement had been deeded, that it was deeded by the property owner of record. Planning & Zoning Regular Meeting February 22, 1992 Page 3 of 4 Mr. Russell moved to approve the Site Plan for Discovery Bay with the following contingencies: 1. All City Engineer's comments shall be satisfactorily addressed. 2. Relocate the fire hydrant to a location approved by the Cape Canaveral Volunteer Fire Department. 3. Meet all the contingencies previously placed on the original site plan approved by the Planning & Zoning Board on November 14, 1990. 4. The Articles of Incorporation of Discovery Bay Homeowners Association, Inc., meet the approval of the City Attorney. Mr. Thurm seconded the motion. Motion carried unanimously. DISCUSSION Discussion was held regarding the agenda items listed for the next meeting, parking problems on Ridgewood Avenue, legally non- conforming lots of record located in Avon -by -the -Sea, setback requirements, square footage, lot sizes and parking requirements for townhouses. Chairman Berger requested that the Secretary place a discussion item on the next scheduled meeting agenda regarding townhouses. Mr. Russell moved to add an agenda item to recognize Mr. Ben Shoemaker. Mr. Thurm seconded the motion. Motion carried unanimously. Mr. Shoemaker, an attorney representing Sea Era Sands Development Corporation, asked the Board members if the approval of the revised Sea Era Sands Site Plan nullified the original existing approved Sea Era Sands Site Plan. After discussion, it was concluded that the Board members desired to work with the developer and welcomed them to come back before the Board to present the concept that they desired to develop. The Board members agreed that the original site plan was still an existing active site plan. There being no further business, the meeting was adjourned at 9:43 P.M. Approved this g day of Su,mtn L . kuUn Secretary U` Chairman 1992. Planning & Zoning Regular Meeting February 22, 1992 Page 4 of 4 Z Io T abed Z66T'8 ATnr bu?gaay.I zPTnoag bUTUOZ T3 buTUUPTd •(T g ?q?gxg) g?utzad gno gaazgs P panssi pup goaLOZd aqg panoaddp ppq uo?gpgzodsuers go guautgzpdaa aqg gegg zagging Pup 066T u? 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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 Fred DiStasio Mary Wheeler Steve Roney Alternate Catherine Barnes Alternate OTHERS PRESENT James Morgan Building Official Kevin Markey Assistant City Attorney Susan Nelson Secretary Mr. Thurm moved to approve the minutes of July 8, 1992 as written and submitted. Mr. DiStasio seconded the motion. Motion carried unanimously. NEW BUSINESS 1. Preliminary _Repl_at_ Approval_, Section _23 , Township 24 _South,_ Range 37 Eas_t_,.___Lot 3and Wes 1/ 2 of Lot_ 4 Block 12, Avon -by - the -Sea, (Seaview Townhomes) - Arthur_ W. Berger_ Owner The Board members reviewed the preliminary replat for Seaview Townhomes. Mr. Moraan noted that the City Engineer had recommended approval of the preliminary replat. Mr. Berger explained that he had originally intended to construct three townhouses and after further consideration, he had decided to construct two townhouses. Discussion followed. Mr. Beraer and Mr. Roney announced that due to a vested interest in the property, they would abstain from voting. Mr. Russell moved to approve the preliminary replat for Seaview Townhomes. Mr. DiStasio seconded the motion. Motion carried unanimously with Mr. Berger and Mr. Roney abstaining. DISCUSSION 1. Discussion Re To wnhouses The Board members reviewed a memorandum from Mr. Morgan reaardina possible suggested changes of Section 639, Townhouse Area and Dimension Regulations of the Cape Canaveral Zonina Regulations. Discussion followed. Plannina & Zonina Board Regular Meetina August 12, 1992 Paae 1 of 2 The Board members made various suggestions to chance the townhouse regulations. Chairman Beraer asked the Secretary to draft the recommended changes, furnish them to the City Attorney for his review, and place this item on the next meeting agenda for recommendation to City Council . The Secretary concurred. There being no further business, the meeting was adjourned at 9:00 P.M. Approved this C�C day of _ isci( -� _ 1992. i Chairman , Secretary Planning & Zoning Board Regular Meeting Auaust 12, 1992 Paae 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING AUGUST 26, 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on August 26, 1992 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meetina 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 Fred DiStasio Mary Wheeler Catherine Barnes Chairman Vice Chairman Alternate MEMBERS ABSENT Steve Roney Alternate OTHERS PRESENT Rocky Randels James Morgan Kevin Markey Susan Nelson Council Member Building Official Assistant City Attorney Secretary Mr. Thurm moved to approve the minutes of Auaust 12, 1992 as written and submitted. Ms. Wheeler seconded the motion. Motion carried unanimously. NEW BUS INESS 1. Motion Re: Recommendation to City Council to _Change Section 639.0 Townhouse Area and Dimensi . Re gul ations of the Caer Can averal Zoning Regulat The Board members reviewed and discussed the contents of a draft of their recommendations to chance the existing townhouse regulations. Mr. Markey, Assistant City Attorney, advised that the recommendations were consistent with the Comprehensive Plan and compatible with the City's future land use map. Discussion was held regarding the Board's intent to chana_e the existing townhouse regulations. Mr. Markey suggested that the intent be incorporated into the Zoning Regulations. After discussion, it was concluded that the Board's intent of this chanae is as follows: In In accordance with the Comprehensive Plan, the intent of this Ordinance is to promote single family dwellings, increase Green area, increase percolation, and increase parkina area. The obiective of the ordinance is to force a 50 ft. lot rebuild to remain as a single family dwellina instead of a duplex or townhouse. Plannina_ & Zoning_ Board Regular Meetina August 26, 1992 Paae 1 of 2 Chairman Beraer requested that Mr. Markey prepare a final draft of the recommended changes to be presented to the Board at the next scheduled meeting for motion to recommend the changes to City Council. Mr. Markey concurred. ADD ON DISCUSSION 1. Discussio Re: ep_ Vice Chairman Russell asked Mr. Randels to advise the Board members of City Councils discussion regarding nepotism. Mr. Randels explained that the subject had been presented at a Reaular City Council meeting, not at a Workshop meeting. He explained that concern had been raised regarding nepotism as it applied to the City Charter and possible violation of the Florida Sunshine Laws. Discussion followed. 2. D iscuss ion Re Political Candidat Mr. Randels advised that two Council members seats were expiring. Ms. Wheeler announced that she had considered running for City Council but she had decided not to run. 3. Di scus si on Re: Pla & Zoni Boa B uffet Vice Chairman Russell advised that the Board had a budget line item for training, travel and per diem. There being no further business, the meeting was adjourned at 8:45 P.M. Approved this qy1` day of _ C -- , 1992. Chairman Secretary Planning & Zoning Board Regular Meetina Auaust 26, 1992 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING SEPTEMBER 9. 1992 A Reaular Meetina of the Plannina & Zonina Board of the City of Cape Canaveral, Florida, was held on September 9, 1992 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meetina 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 Catherine Barnes Steve Ronev Chairman Vice Chairman Alternate Alternate MEMBERS ABSENT Fred DiStasio OTHERS PRESENT Rocky Randels James Moraan Kevin Markey Susan Nelson Council Member Buildina Official Assistant City Attorney Secretary Vice Chairman Russell moved to approve the minutes of Auaust 26. 1992. Ms. Wheeler seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS i. M otio n R e: R eco mm endat ion to Cit y Council to Chance Section 639. Townhouse Area a nd Dimension Regulat of the gap Canaveral Zonina Regulations The Board members reviewed a draft of the proposed chanaes to the existina townhouse reaulations prepared by the City Attorney. Discussion followed. Ms. Wheeler moved to recommend approval to change the existing townhouse reaulations as presented with one minor correction. Mr. Russell seconded the motion. Motion carried unanimously. DI Mr. Ronev suaaested that the Board members take time to review new plans prior to the meetings. Discussion followed. Mr. Russell spoke reaardina a nepotism ordinance that would be placed on the next election ballot. He advised that spouses would not be allowed to serve on City Boards. He explained that if the ordinance is approved. after 15 years of unpaid voluntary service to the community, he would resian prior to his term expiring because it was obvious that the City did not want people like himself to serve. He stated that this was a bitter way to end. Plannina_ & Zonina Reaular Meeting September 9, 1992 Page 1 of 2 Chairman Beraer stated that the nepotism issue was a true injustice to the volunteers and a aross waste of valuable talent and dedication. He announced that he was resianina from the Plannina & Zoning Board to run for City Council in the upcoming election. He thanked Mr. Thurm for sharina his wisdom, auidance and history of the City for the past 20 years. He thanked Mr. Russell for sharina his wisdom and for teaching him patience to listen. He stated that Mr. Russell had taught him that a public official should do hi _lob from his heart and make decisions that are in the best interest of the City and that money should not be the driving factor to serve his community. Mr. Thurm concurred with Mr. Russell and appreciated the remarks made by Chairman Beraer. He announced that his term would be expiring on September 15, 1992 and it was doubtful that he would be reappointed by City Council to serve because of the nepotism issue. Discussion was held reaardina nepotism. There beina no further business, the meeting was adjourned at 9:00 P.M. - >,rc Approved this day of l -- - 1992. Chairman Secretary 1 Plannina & Zonina Reaular Meetina September 9, 1992 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING SEPTEMBER 23, 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on September 23, 1992 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Acting Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Acting Chairman Catherine Barnes Alternate Steve Roney Alternate MEMBERS ABSENT Mary Wheeler Fred DiStasio OTHERS PRESENT Artis Gunn Acting Building Official Kevin Markey Assistant City Attorney Susan Nelson Secretary Mr. Roney moved to approve the minutes of September 9, 1992 as submitted. Ms. Barnes seconded the motion. Motion carried unanimously. NEW BUSINESS 1. The Board members reviewed the submitted application and a drawing of the fence placement. Mr. Dennis McNew advised that a six foot fence was necessary because they owned a watchdog which could jump over a four foot high fence. He also voiced an opinion regarding undesirable neighbors. Mr. Roney suggested that the McNew's contact the Sheriffs department regarding the neighbors. Discussion followed. Mr. Roney moved to approve Fence Exemption Request No. 92 -03 since the applicants demonstrated that an ascertainable and definable hazard existed (watchdog) and that the hazard will be reduced by allowing a six foot high fence. Ms. Barnes seconded the motion. Motion carried unanimously. 2. Final Plat Approval, Section 14 Township 24 South Range 37 East, Lots 1 - 10 and 43 - 48 Ocean Gardens Wave One - James E. Murphy. Agent for William Bennix Trustee The Board members reviewed the final plat for Ocean Gardens - Wave One. Planning & Zoning Board Regular Meeting September 23, 1992 Page 1 of 2 Mr. Gunn advised that the City Engineers had reviewed the final plat and found a discrepancy in the bearing call out contained within the legal description and shown on the boundary survey which he requested be clarified. Mr. Markey advised that he had reviewed the draft of the Protective Covenants and found no discrepancies. Discussion was held regarding maintenance of utilities. It was concluded that the utilities be incorporated into the Protective Covenants and that a new draft be furnished to the City Attorney for review. Mr. Roney moved to recommend approval of the Final Plat for Ocean Gardens - Wave One with the following conditions: 1. All discrepancies noted by the City Engineer in his letter dated August 1, 1991 be satisfactorily addressed. 2. The Protective Covenants shall clearly state that the sewer lines are privately owned and maintained. Ms. Barnes seconded the motion. Motion carried unanimously. There being no further business, the meeting was adjourned at 8:35 P.M. /� n Approved this I d T+{ day of 1992. 7 X , _ z aa44� Chairman �3tL' zr L . Secretary Planning & Zoning Board Regular Meeting September 23, 1992 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING OCTOBER 14, 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on October 14, 1992 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Acting Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Acting Chairman Mary Wheeler Catherine Barnes Alternate Steve Roney Alternate OTHERS PRESENT James Morgan Building Official Thomas Kleving Building Inspector Kevin Markey Assistant City Attorney Susan Nelson Secretary Mr. Roney moved to approve the minutes of September 23, 1992 as submitted. Ms. Barnes seconded the motion. Motion carried unanimously. NEW BUSINESS 1. Preliminary Plat Approval Cape Gardens Sec 22/23 Twp 24S Rae. 37E, Parcels 263 and 283.1 - James E Murphy Agent for William Bennix, Trustee Mr. Morgan reported that Mr. Murphy had requested that this item be postponed until the next scheduled meeting since there were various comments from the City Engineer that needed to be addressed. Ms. Wheeler moved to postpone the preliminary plat for Cape Gardens until the next scheduled meeting. Mr. Roney seconded the motion. Motion carried unanimously. 2. Preliminary Replat Approval Cape View Townhomes Lots 11 & 12 ( Replat of Lots 1 2 & 3) Block 24 Avon by the Sea Sec 23 Twp. 24S, Rae. 37E (609 611 & 613 Madison Avenue) John L Murphy, Agent for Pamela S Darmstadt and William DuPont Owners Mr. Morgan advised that the City Engineer had two comments and that one of them remained to be corrected. Mr. John Murphy, Agent, advised that the Department of Natural Resources had required that the lot sizes be reduced. The lots were reduced as required and a D.N.R. permit was issued. Ms. Wheeler moved to approve the preliminary replat for Cape View Townhomes. Mr. Roney seconded the motion. Motion carried unanimously. Planning & Zoning Board Regular Meeting October 14, 1992 Page 1 of 2 3. Final Plat Approval, Park Villas Eastern 410 feet of Parcel 519, Lots 1 -15, Sec. 14 & 23 Twp 24S Rge 37E (108 -134 Washington Avenue) - O & W Construction Inc - Owner Mr. Quinn advised that only one minor change had been made to the plat. Ms. Wheeler moved to recommend approval of the final plat for Park Villas to City Council. Ms. Barnes seconded the motion. Motion carried unanimously. 4. Motion Re: Canceling Regular Meetings of November it 1992 (Veterans Day) November 25 1992 (Day before Thanksgiving), and December 23. 1992 (Christmas Week) Ms. Wheeler moved to cancel the regularly scheduled meetings of November 11, 1992, November 25, 1992, and December 23, 1992. Mr. Roney seconded the motion. Motion carried unanimously. DISCUSSION 1. Election of Officers Mr. Roney nominated Mr. Russell as Chairman. Ms. Wheeler seconded the nomination. Mr. Russell spoke regarding nepotism and later accepted the nomination to remain as Chairman until his term expires. Vote was unanimous. Mr. Roney nominated Ms. Wheeler as Vice Chairman. Mr. Russell seconded the nomination. Ms. Wheeler excepted the nomination. Vote was unanimous. 2. Discussion Re: Understanding the Zoning Variance Chairman Russell gave an informative presentation on requirements which must be met when granting a variance and explained the difference between a variance and a special exception. 3. Discussion Re: Xeriscape Legislation Discussion was held regarding the City implementing Xeriscape Legislation. Discussion was held regarding xeriscape. After discussion, it was concluded that this issue be reviewed by the Beautification Board and the possibility of the City implementing xeriscape in a future beautification project. Mr. Morgan advised that he would contact other municipalities to inquire about xeriscape and possibly obtaining model ordinances from them; contact the St. Johns Water Management District to request a representative speak to the various City Boards; and contact the Florida League of Cities for implementation information. Discussion continued. Chairman Russell requested that this discussion item be placed on the next agenda for further discussion. There being no further business, the meeting was adjourned at 8:45 A.M. Approved this Z girl day of �C� �e2 1992. "A 1 titdd, -�� Chairman Suom L. I Qvon Secretary Planning & Zoning Board Regular Meeting October 14, 1992 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING OCTOBER 28, 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on October 28, 1992 at the City Hall Annex, ill Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Acting Chairman Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairman Mary Wheeler Vice Chairman Catherine Barnes Steve Roney Bruce Collins Beatrice McNeely Alternate MEMBERS ABSENT Buzz Petsos Alternate OTHERS PRESENT James Morgan Building Official Thomas Kleving Building Inspector Kevin Markey Assistant City Attorney Susan Nelson Secretary Ms. Wheeler moved to approve the minutes of October 14, 1992 as submitted. Ms. Barnes seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Preliminary Plat Approval, Cape Gardens, Section 23, Townshi 24 South, Range 37 East, Parcels 263 and 283.1 - James E Murphy, Agent for William Bennix Trustee Mr. Morgan advised that the developer needed additional time to answer the City engineer's comments and requested that this item be tabled until the next scheduled meeting. Ms. Barnes moved to postpone the preliminary plat approval for Cape Gardens until the next scheduled meeting. Mr. Collins seconded the motion. Motion carried unanimously. NEW BUSINESS 1. Final Plat Approval, Sea View Townhomes Section 23 Township 24 South, Range 37 East, Lot 3 and West 1/2 of Lot 4 Block 12, Avon by the Sea, (625 & 627 Adams Avenue) - Arthur W Berger, Owner Mr. Roney announced that he would abstain from voting due to a vested interest. Mr. Morgan advised that the City engineer had recommended approval of the final plat. Planning & Zoning Board Regular Meeting October 28, 1992 Page 1 of 2 The Board members reviewed the final plat for Sea View Townhomes. Discussion followed. Ms. Wheeler moved to recommend approval of the final plat for Sea View Townhomes to the City Council. Ms. Barnes seconded the motion. Motion carried unanimously with Mr. Roney abstaining. DISCUSSION 1. Discussion Re: Xeriscape Legislation Mr. Morgan advised that he had contacted Terry Shoemann from the St. Johns River Water Management District in Palatka. Mr. Shoemann advised him that he would have a representative give a presentation to the City regarding Xeriscape if the City so desired. He added that the City of Melbourne was in the process of drafting a Xeriscape ordinance and would obtain a copy of the draft when available. Chairman Russell requested that this item be placed on the next agenda for further discussion. Add -On Discussion 1. Discussion Re: The Comprehensive Plan Chairman Russell explained the contents of the comprehensive plan for the new Board members. He suggested that the new Board members review the Comprehensive Plan and be prepared to ask questions and /or concerns at the next scheduled meeting. There being no further business, the meeting was adjourned at 8:50 P.M. Approved this _1 day of oxceFt&'t- , 1992. A4440 Chairman L. a, Secretary Planning & Zoning Board Regular Meeting October 28, 1992 Page 2 of 2 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING DECEMBER 9, 1992 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on December 9, 1992 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 Mary Wheeler Catherine Barnes Steve Roney Bruce Collins Buzz Petsos Beatrice McNeely Chairman Vice Chairman 1st Alternate 2nd Alternate OTHERS PRESENT Bennett Boucher Rocky Randels James Morgan Thomas Kleving Evelyn Hutcherson Kevin Markey Susan Nelson Acting City Manager Council Member Building Official Building Inspector Code Enforcement Officer Assistant City Attorney Secretary Ms. Wheeler moved to approve the minutes of October 28, 1992 as submitted. Mr. Collins seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Preliminary Plat Approval Cape Gardens Section 23 Township 24 South, Range 37 East Parcels 263 and 283 1 - James E Murphy, Agent for William Bennix Trustee Mr. Morgan advised that the developer needed additional time to answer the City engineer's comments and requested that this item be tabled until the next scheduled meeting. Mr. Collins moved to postpone the preliminary plat approval for Cape Gardens until the next scheduled meeting. Ms. Wheeler seconded the motion. Motion carried unanimously. NEW BUSINESS 1. Special Exception Request No 92 -04 to Allow Owner to Occupv Living Areas Constructed Prior to 1983 and to Allow a Motor Home_ to be Parked in Rear of Lot in a C -1 Zone (MoonHut Restaurant), Lots 9 10 & 11 Block 25 Avon by the Sea Section 23, Township 24 South Range 37 East (7802 N Atlantic Avenue) - Petitioner is Leon Barnett Jr Owner Mr. Minot, Attorney representing Mr. Barnett, explained the nature of the special exception request. Discussion followed. Discussion was held regarding the minimum requirements of living area dimensions. It was concluded that the area dimensions were unclear and that a floor plan was necessary to make a determination on this special exception request. Planning & Zoning Board Regular feting Decanber 9, 1992 Page 1 of 4 Mr. Collins moved that Special Exception Request No. 92 -04 be tabled until the next scheduled meeting. Since the area dimensions were unclear, the applicant shall return to the Board with a floor plan illustrating the bathrooms and living areas. Ms. Wheeler seconded the motion. Motion carried unanimously. 2. Preliminary Replat Approval Tobin Townhomes Section 23 Township 24 South, Range 37 East Lots 1 - 4 Replat of Lots 1 & 2. Block 9, Avon by the Sea - Olga E Tobin Owner Mr. Morgan advised that the City Engineer had reviewed the preliminary replat for Tobin Townhomes and had recommended approval based on a few minor changes. Attorney Markey advised that the Protective Covenants /Articles of Incorporation were submitted to him this evening. He requested that the Board approve the preliminary plat with the contingency that the Protective Covenants /Articles of Incorporation be written to his satisfaction. Mr. Roney moved that the Preliminary Plat for Tobin Townhomes be approved with the contingency that the Protective Covenants /Articles of Incorporation be reviewed and approved by the City Attorney. Ms. Wheeler seconded the motion. Motion carried unanimously. 3. Site Plan Approval, Tobin Townhomes Section 23 Township 24 South, Range 37 East Lots 1-4,- Replat of Lots 1 & 2 Block 9 Avon by the Sea - Olga E. Tobin Owner Mr. Morgan advised that there were various technical comments from the City Engineer that needed to be addressed. Ms. Tobin requested that the site plan be tabled until the next scheduled meeting. Ms. Wheeler moved to table the site plan for Tobin Townhomes until the next scheduled meeting. Mr. Collins seconded the motion. Motion carried unanimously. 4. Special Exception Reaungt Nn_ q2- Zoning Regulations, Parcel 765 Section 15 Township 24 South Mr. Kleving explained that additional office space was needed to incorporate the various departments at Public Works. Discussion followed. Ms. Wheeler moved to recommend approval of Special Exception Request No. 92 -05 to the Board of Adjustments since the trailer was classified as public utility equipment which was a permissible use by Special Exception. Mr. Collins seconded the motion. Motion carried unanimously. 9H Chairman Russell announced that he would refrain from discussion and voting on this special exception request. Planning & Zoning Board Regular Meeting December 9, 1992 Page 2 of 4 Mr. Lewis advised that Communications Concepts, Inc, (CCI) did not believe that the City had any jurisdiction or regulations governing the transportable Earth Station Antenna since it was purchased prior to the City's regulation and they believed that it should be grandfathered in. He further advised that the Code Enforcement Board had ordered CCI to move the earth station antenna from the intersection or to apply for a Special Exception. He explained it was necessary for CCI to place the Transportable Earth Station in front of the building in order to obtain the proper look angle for satellites located to the southwest over the equator. He explained that it was not possible to see the satellites from the north side or rear of the building because it was blocked by a two story building. He added that CCI requires satellite reception as part of its business operations and was dependent on permission to maintain its livelihood. He noted that other exceptions had been granted for earth station antennas in the general area. Discussion followed regarding the parking location of the antenna and also regarding a lawsuit recently filed concerning another satellite dish antenna. Discussion continued. Mr. Collins moved to recommend to the Board of Adjustments that Special Exception Request No. 92 -06 be tabled until current litigation regarding Section 641.61 of the Cape Canaveral Code of Ordinances is resolved. Ms. Wheeler seconded the motion. Motion carried unanimously with Chairman Russell abstaining from voting. 6. Special Exception Request No 92 -07 to Allow an Accessory Structure to Encroach into the Required 25 ft Setback in a C -1 Zone and to Waive the Special Exception Filing Fee as per Section 645.37(D) of the Cape Canaveral Zoning Regulations Lots 7. 8, 15 & 16, Block 25 Avon by the Sea Section 23 Township 24 South, Range 37 East (190 Jackson Avenue) Petitioner is David J. Sargeant Fire Chief C C V F D Chief Sargeant explained that the fire department was requesting a special exception to allow an existing non - conforming structure to encroach six feet into the required 25 foot setback. He explained that the fire department intended to enclose the existing structure to house two pieces of fire apparatus if the special exception was granted in order to upgrade their facilities to comply with a current Occupational Safety & Health Administration (OSHA) mandate. Discussion followed. Mr. Collins moved in Special Exception Request No. 92 -07 to recommend that the Board of Adjustments adjust the required setback for the interest of promoting safety and welfare of the community by enhancing the storage areas utilized for fire fighting equipment. Ms. Wheeler seconded the motion. Motion carried unanimously. DISCUSSION 1. Presentation by Rockwell International Corporation regarding Placing Additional Gaseous Nitrogen and Helium Tube Bank Trail In and Around Various Rockwell Facilitina - a.,oatio,- Mr. Dixon explained the necessity for Rockwell International to expand its facility capabilities for repairing orbiters for NASA. Discussion followed. Chairman Russell suggested that an analysis be performed to identify possible hazards and risks. Planning & Zoning Board Regular Meeting December 9, 1992 Page 3 of 4 2 . The Board members reviewed a memorandum from the City Clerk regarding City Council's various concerns on the recommended changes to the existing townhouse regulations. Discussion was held regarding subdividing lots; razing existing homes and erecting multi - family housing; density; and grandfathering existing structures. After discussion, it was the consensus of the Board members that City Council's concerns be reviewed and addressed. Chairman Russell requested that this item be placed on the next scheduled agenda for further discussion. 3. Mr. Gene Caputo, Intergovernmental Coordinator, Division of Policy and Planning, St. Johns River Water Management District, advised that " Xeriscape" means water conservation through creative landscaping. He explained that there were seven fundamentals of xeriscape as follows: planning and design; efficient irrigation; practical turf areas; soil improvements; use of mulches; appropriate maintenance; and use of low -water plants. Mr. Caputo presented a slide show and noted various agencies for individuals to contact for additional information. Discussion followed. Mr. Caputo spoke regarding water conservation. He read a portion of Section 373.62, Water Conservation; Automatic Sprinkler Systems, of the Florida Statutes, as follows: "any person who purchases and installs an automatic lawn sprinkler system after the effective date of this act (May 9, 1991) shall install a rain sensor device or switch which will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred." Discussion followed. There being no further business, the meeting was adjourned at 10:50 P.M. Approved this 1 3 day of Q�2cc,rt�uf, 199,9. Chairman L,'UL Secretary Planning & Zoning Board Regular Meeting December 9, 1992 Page 4 of 4