Loading...
HomeMy WebLinkAboutP&Z Board 1986 Minutes0 0 PLANNING AND ZONING BOARD REGULAR MEETING DECEMBER 10, 1986 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON DECEMBER 10,'1986 AT CITY HALL„ 105 POLK AVENUE,, CAPE CANAVERAL, FLORIDA. CHAIRMAN LAMAR RUSSELL CALLED. THE MEETING TO ORDER AT .7:20 P.M. THE. SECRETARY. CALLED THE. ROLL. MEMBERS PRESENTt LAMAR RUSSELL CHAIRMAN 'ROCKY RANDELS VICE CHAIRMAN CHRIS BECK - WILLIAM ,WINCHESTER ALTERNATE MEMBERS ASSENT: ROCKNEY FEEMAN RICHARD THURM OTHERS PRESENT:-` JAMES THERIAC CITY ATTORNEY KOHN BENNETT DEPUTY CITY ATTORNEY JEFF ECKLEY 'CODE ENFORCEMENT INSPECTOR ARTIS GUNN 'BUILDING OFFICIAL KATHY PFIRMAN SECRETARY MR. RANDELS MOVED TO APPROVE THE MINUTES OF NOVEMBER 12, 1986. MS. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. MR. RANDELS MOVED TO HEAR ITEM 1 OF UNFINISHED BUSINESS. PRIOR TO THE PUBLIC HEARING. MS. BECK SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. MOTION RE: REQUEST TO 'VACATE THE WEST ONE-HALF' 'OF THE ROAD RIGHT-OF-WAY LOCATED ADJACENT 12 EAST OF xoQ SHORES. PETITIONER IS LEONARD SPIELVOGEL FDRCAPE SNORES ASSOCIATION, INC. MR. SPIELVOGEL EXPLAINED THAT THE REASON FOR THIS REQUEST, WAS TO MAINTAIN AN. INGRESS/EGRESS POINT FOR SOME OF THE UNITS AT CAPE SHORES. THE ASSOCIATION WOULD LIKE TO LANDSCAPE AND BEAUTIFY THIS AREA. - MR. THERIAC READ THE AGREEMENT HE DRAFTED WHICH SET FORTH CONDITIONS FOR THE VACATION OF THE PROPERTY. I SOME OF, THESE CONDITIONS WERE THAT CAPE SHORES ASSOCIATION, INC. WOULD PLACE NO PERMANENT STRUCTURE ON THE PROPERTY AND WOULD AGREE TO YIELD THE PROPERTY TO THE CITY, IF THE CITY DECIDED IN THE FUTURE TO INSTALL A.STREET. MR.'RANDALLS MOVED TO RECOMMEND THE VACATION. SUBJECT TO PLANNING i ZONING BOARD MEETING DECEMBER 10, 1986 PAGE 1 OF 5 • 0 TRE AGREEMENT AS READ HY THE CITY ATTORNEY, TO CITY COUNCIL. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING ITEM 1. MOTION RE PROPOSED EASTlWEST CONNECTOR ROAD FROM RIDGEWOOD AVENUS TO AlA THE CITY ATTORNEY EXPLAINED THAT THE CURRENTLY PROPOSED , EAST -WEST CONNECTOR IS SITUATED ON PROPERTY OWNED. BY MR. RANDY MAY. MR. MAY'S LAND MEASURESAPPROXIMATELY ONE HUNDRED FEET WIDE. AND EIGHTY OF. THAT ONE HUNDRED FEET WOULD BE NECESSARY FOR THE ROAD RIGHT-OF-WAY. MR. THERIAC EXPLAINED. THAT THIS WOULD NOT ONLY CONSTITUTE THE TAKING OF LAND, BUT ALSO. THAT THE CITY WOULD HE CREATING NON—CONFORMING LOTS. MR. WALLACE, ATTORNEY FOR MR, MAY, EXPLAINED THAT HIS CLIENT WAS AMENABLE TO GIVING THE'CITY THIRTY OR FORTY FEET FOR THE ROAD. THIS WOULD' BE A VIABLE. OPTION IF THE CITY WOULD MOVE THE. ROAD THIRTY TO. FORTY FEET SOUTH, , MR. RUSSELL ASKED THE CITY ATTORNEY TO INVESTIGATE THE POSSIBILITY OF USING LAND OWNED BY. THE STATE (INTERNAL IMPROVEMENT FUNDI FOR A ROAD, AS Tilt STATE OWNS.. THE PROPERTY TO THE SOUTH. MR. RANDEL$ MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING, MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. MOTION REs APPROVAL OF RULES OF PROCEDURE !POSTPONED 11— Y2-66 MR. THERIAC. STATED. THAT HE FOUNONOTHING WHICH WOULD PROHIBIT ROTATION OF THE CHAIRMANSHIP:. CHAIRMAN, RUSSELL ANNOUNCED THAT HE WOULD ASK FOR A CONSENSUS. OF THE NEXT CITY COUNCIL WORKSHOP. MS. BECK MOVED. TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING. MR. RANDELS SECONDED MOTION. NOTION CARRIED UNANIMOUSLY. MR. RANDELS MOVED TO ADD THE FOLLOWING ITEM TO UNFINISHEDi BUSINESS. MS BECK SECONDED MOTION: MOTION CARRIED' UNANIMOUSLY. ADD-ON-ITEMi DISCUSSION REt MINI—WAREHOUSE CONCEPTUAL PLAN MR. DAVE MC COY OF BUSSEN ENGINEERING. PRESENTED A�CONCEPTUAL PLAN FOR MINI'—WAREHOUSES. THIS WAS A REVISION TO AN EARLIER PLAN WHICH THE BOARD HAD REJECTED DUE TO THE FACT TUATAT THAT TIME, THE REQUIRED SETBACK WAS NOT MET. AFTER REVIEWING THE REVISED PLAN, IT WAS THE CONSENSUS Of PLANNING L ZONING BOARD MEETING DECEMBER 10, 1966' PAGE 2 OF 5 0 0 :HE 1+OhPD THAT THE REVISIONS WERE ACCEPTABLE AND THAT THE. UNCLPTUAL PLAN MET THE SETBACK REQUIREMENTS. :EW HUSINESS ITEM 1. REQUEST NO 86-12 VARIANCE'To ESTABLISH PROPERTY AS TWOpUNITS. LOT 4 BLOCK 23 AVON -BY -TBE -SEA, (LOCATED AT 5 MADI60N AVENUE, PETITIONER IS JOSEPH J. HARTNETT, OWNER MR. HARTNETT EXPLAINED THAT THE PROPERTY HAD BEEN USED AS TWO UNITS SINCE SEPTEMBER OF 1957, THESE TWO UNITS CONSIST OF A HOUSE AND A TRAILER. WHEN HIS CASE WAS BROUGHT BEFORE THE CODE ENFORCEMENT BOARD, THE CITY GRANTED. SPECIAL PERMISSION FOR TWO UNITS UNTIL THE CASE WAS RESOLVED. CURRENTLY, THE HOUSE IS BEING USED AS TWO -UNITS AND THE TRAILER IS NOT BEING USED AT ALL. MR. HARTNETT STATED THAT.IF A VARIANCE WERE GRANTED, HE WOULD UTILIZE THE HOUSE AS ONE UNIT,AND THE TRAILER AS ONE UNIT. MR. GUNN EXPLAINED THAT THE CODE ENFORCEMENT BOARD HAD FOUND MR. HARTNETT I IN. VIOLATION OF THE ORDINANCE.. FOR THE HOUSE TO BE UTILIZED AS 'A DUPLEX, IT WOULD BE NECESSARY TO ERECT A FIRE WALL AND TO ENLARGE BOTH UNITS. MR, GUNN ALSO NOTED THAT THE TRAILER COD LD,BE CONSIDERED AN.. ACCESSORY STRUCTURE AND AS SUCH, COULD HOUSE TEMPORARY GUESTS OF THE MAIN. BUILDING, BUT COULD. NOT BE USED AS RENTAL PROPERTY.: LASTLY,, MR. GUNN EXPLAINED THAT.THE PREVIOUS OWNER HAD DISCONTINUED THE USE OF. THE TRAILER' FOR A PERIOD EXCEEDING SIX MONTHS, AND ACCORDING TO. SECTION 643.07 OF THE ZONING CODE, THIS ABROGATED THE NONCONFORMITY. MR.' RANDELS' MOVED TO RECOMMEND. DISAPPROVAL OF THE VARIANCE TO THE BOARD OF ADJUSTMENT. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. .ITEM 2. RE UEST 486-13 SPECIAL EXCEPTION TO OPERATE BODX STORE IN A C LONE. LOTS AND 0, BLOCK 9 AVON -BY -THE -SEA (LOCATED AT8 10 N ATLANTIC AVENUE UNITPETITIONER IS MARY LOU DORBEY (MARY -DESS BOOKS) 'MRS. DORSEY RESPONDED To QUESTIONS FROM THE BOARD REGARDING. HER BOOKSTORE WHICH HAS BEEN IN OPERATION FOR SOME TIME.. SHE STATED THAT .SHE WOULD NOT BE. SELLING,ADULT OR PORNOGRAPHIC MATERIALS. PLANNING 4 ZONING BOARD MEETING ' DECEMBER 10" 1986 PAGE 3 OF 5 • o FULLOWI!;G DISCUSSION, MS. BECK MOVED TO RECOMMEND APPROVAL OF THF. SPECIAL EXCEPTION. MR. RANDELS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3.. FINAL PLAT APPROVAL ARIC BY THE SEA,6 UNITS, LOTS 4 5 .AND 6 BLOCK 70 AVON-BY-THE SEA. (LOCATED 200 BLOCK OF JEFFERSON AVENUE- CLIFFORD RAY THE BOARD REVIEWED THE FINAL PLAT AND NOTED THAT THE UTILITY EASEMENT WAS NOT PENCILED IN.. MR. RANDELS MOVED TO RECOMMEND APPROVAL OF THE.FINAL PLAT WITH THE STIPULATION THAT THE UTILITY. EASEMENT BE NOTED ON SAID PLAT..' MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.. ITEM 4. PRELIMINARY PLAT APPROVAL DJC SUBDIVISIONI 2 UNITS LOT 7 BLOCK -Z-AVON-By-THE-AEA 5 8 520 ADAMS AVENUE) -ERNEST P. HAHN FOLLOWING REVIEW, MR. WINCHESTER MOVED TO RECOMMEND APPROVAL, OF THE PRELIMINARY PLAT. MS. BECK SECONDED MOTION. MOTION CARRIED UNANIMOUSLY., ITEM 5. DISCUSSION RE= EASEMENT AGREEMENT BETWEEN ARTHUR E. BURNS AND BREVARD COUNTY FOR RANGE 37 TRAFFINGE 37 POLE SECTION 11 'TOWNSHIP 4 SOUTH EAST EAST SIDE OF ATLANTIC'AVENUE. NORTH OF CENTRAL BOULEVARD) MR. GUNN EXPLAINED THAT THE TRAFFIC LIGHT IS AN OFF-SITE IMPROVEMENT., FOR VILLAGES OF;SEAPORT FOR WHICH FUNDS HAVE BEEN ESCROWED. IF MR. BURNS GRANTS THE EASEMENT, HE WILL LOSE A PARKING SPACE: MR. GUNN .EXPLAINED THAT MR. BURNS WANTED AN ASSURANCE FROM THE BOARD THAT THE LOSS OF THIS PARKING SPACE WOULD NOT FORFEIT THE PERMISSIBLE BUILDING SPACE ALLOWED. MR, RUSSELL MOVED THAT AS A'. RESULT OF THE EASEMENT AGREEMENT BETWEEN MR. BURNS AND BREVARD COUNTY$ THAT MR. BURNS WOULD NOT FORFEIT ANY PERMISSIBLE, BUILDING AREA WHICH WOULD OTHERWISE BE AFFORDED BY THE ALLOCATION OP THE PARKING SPACE., MR.. RANDELS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. RANDELS MOVED TO POSTPONE ITEMS 1-5 UNDER. PROPOSE ZONING ORDINANCE AMENDMENTS UNTIL THE NEXT MEETING. MR. WINCHESTER SECONDED NOTION. MOTION CARRIED UNANIMOUSLY'. MR. GUNN ASKED THAT AT THE NEXT MEETING THE BOARD DISCUSS THE COASTAL CONSTRUCTIONCONTROL' LINE, AS DNR RECENTLY RE-DEFINED PLANNING PLANNING L ZONING BOARD. MEETING. DECEMBER 10, 1986 PAGE 4 OF 5 THIS LINE. CHAIRMAN RUSSELLWILL ADD THIS ITEM TO THE NEXT AGENDA. THERE BEING NO FURTHER BUSINESS, MEETING WAS ADJOURNED 0 0 PLANNING 6 ZONING BOARD REGULAR MEETING NOVEMBER 12,,1986 A REGULAR MEETING OFTHZ PLANNING AND ZONING BOARD WAS HELD ON NOVEMBER 22, 1906, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA, .CHAIRMAN LAMAR RUSSELL. CALLED THE MEETING TO ORDER. AT 7130 P.14- 'THE SECRETARY CALLED THE ROLL. MEMBERS PRESENTS LAMAR RUSSELL 'CHAIRMAN - RICHARD THURM.:. CHRIS BECK ROCKNEYPEZNAN MEMBERS ABSENTS. ROCKY RANDELS VICE-CHAIRMAN WILLIAM WINCHESTER.. -ALTERNATE OTHERS PRESENTS KOHN BENNETT DEPUTY CITY ATTORNEY` JEFF ZCKLEY.- CODE ENFORCEMENT INSPECTOR KATHY PPIRMAN SECRETARY '.'. 'MR. THURM 14OVED TO APPROVE THE MINUTES OF OCTOBER 22, 1986. MS. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY'. MR. THORN MOVED. TO HEAR ITEM 5 OF UNFINISHED BUSINESS FIRST AND THEN PROCEED TO NEW` BUSINESS. MS. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS'- ITEM 5. .DISCUSSION HBs DEFINITION FOR SERVICE ROADS IN COMMERCIALAND INWSTRIAL ZONES POBTP NED THIS WAS A CONTINUATION OF THE DISCUSSION HELD AT THE MEETING OF OCTOBER 22, 1966. UNDER THE CURRENT ZONING REGULATIONS -.,SERVICE ROADS ARE. SUBJECT TO A 25-110OT SETBACK. MR. DAVE MCCOY OF BUSSEN ENGINEERING ASKED THAT THE SERVICE ROADS, AS DEPICTED IN A PRELIMINARY DESIGN FOR MINI -WAREHOUSES, BE, -... CONSIDERED ALLEYS- IF THE BOARD COULD NOT CONSIDER THESE SERVICE ROADS AS ALLEYS, BE ASKED THAT THE BOARD CONSIDER DEFINING THE TERM "SERVICE ROAD'. BOARD MEMBERS DISCUSSED THE ISSUE AND, IN LIGHT OF SAFETY CONSIDERATIONS. FOUND IT UNACCEPTABLE TO WRITE DEFINITION THAT PLANING & ZONING BOMB) MEETING NOMMBFR 12, 1986 PAGE 1 OF 4 PAGES 0 0 KVJLD ELIMINATE THE REQUIRED SETBACKS. MR. McCOY .WAS ASKED TO REDRAW THE PRELIMINARY DESIGN TO MEET ALL APPLICABLE REQUIRE- MENTS. NEW BUSINESS ITEM 1. MOTION REY R UEST TO VACATE THE WEST ONE-HALF OF THE ROAD RIGHT -OP -WAY LOCATED ADJACENT TO (EAST OF) CAPE BHORES RD PETITIONER IS LEONASPIELVOGEL FOR CAPESHOAE6 BSOCIATTON, INC: CHAIRMAN RUSSELL EXPLAINED THAT THE SURVEY SUBMITTED BY THE PETITIONER HAD NOT YET BEEN EVALUATED BY THE BUILDING OFFICIAL AND THE CITY ENGINEER. THUS,. NO OFFICIAL ACTION COULD BE TAKEN THIS EVENING. MR. SPIELVOGEL ASKED THAT THE CITY VACATE THE ROAD RIGHT-OF-WAY SO THAT. THE CAPE SHORES ASSOCIATION, INC. WOULD BE ASSURED OF AN INGRESS -EGRESS. 'ANY REMAINING PROPERTY WOULD BE LANDSCAPED. THIS ITEM WILL SE DISCUSSED FURTHER AT THE NEXT MEETING. ITEM 2. FINAL PLAT APPROVAL BARNES AND HAYNES RESUB- yrxkuBLOCnl'. AVON -BY -THE -SEA S.W. CORNER OF RIDGEWOOD AND JEFFERSON ( JEFFERSON AVENUE) - DONALD' HAYNES AND C.W. BARNES AFTER A. REVIEW OF THE FINAL PLAT, MR. FEEMAN MOVED TO APPROVE THE FINAL PLAT. MS, BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 3. PRELIMINARY PLAT APPROVAL BUCBANAN TOWNHOUSES 2•UNITS LOT BLOCK 65 AVON -BY -THE -SEA i -115 BUCHANA - AVENUE) JOHN G. PIERCE MR. FEEKAN MOVED TO APPROVE THE PRELIMINARY PLAT. MS. BECK SECONDED MOTION. NOTION' PASSED. UNANIMOUSLY. ITEM 4.PRELIMINARY PLAT APPROVAL ARIC BY THE SEA -UN TS GT8 AND BLOCK AVON -BY -THE -SEA' iLOCATED BLOCK OFJONNSON AVEMUE) - CLIFFORD RA MR, TRUNK MOVED TO APPROVE THE PRELIMINARY PLAT, MR, FEEMAN. SECONDED NOTION. MOTION PASSED UNANIMOUSLY. ITEM 5. DISCUSSION RE$ PARKING SPACE' DIMENSIONS MR. TIIURN MOVED T0. TABLE THIS ITEM UNTIL MR. GUNN WAS, PRESENT. MR. FEEMAN SECONDED NOTION,.. MOTION PASSED UNANIMOUSLY. PIAt27ING i 32IING BOARD MEETING NOVEMBER 12, 1986 PAGE 2 OF 4 PAGES 0 0 _!:FINISHED BUSINESS ITEM 1. MOTION REt APPROVAL OF PROPOSED ORDINANCE.'C•, AMENDING DEFINITIONOP LOT COVERAGE (POSTPONED ocToeea THE BOARD DISCUSSED, VARIOUS EXAMPLES AND CONFIGURATIONS, OF THE PROPOSED IAT COVERAGE DEFINITION. FOLLOWING DISCUSSION, MS. BECK MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING. ,MR. FEEMAN SECONDED. MOTION.. MOTION PASSED UNANIMOUSLY. ITEM2. OFDISCUSSION ENION 632.01 DEPINITSON PRINCIPALUSE OFSTRUCTURE MR. THURM'MOVED TO POSTPONE THIS. ITEM UNTIL THE NEXT MEETING. MS. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 3. DISCUSSION RE$AESTHETIC REGULATIONS - '(POSTPONED OCTOBER l COPIES OF AESTHETIC• REGULATIONS FROM OTHER CITIES AND TOWNS WERE GIVEN TO BOARD MEMBERS AND TO MEMBERS OF THE BEAUTIFICATION BOARD. CHAIRMAN RUSSELL ASKED THAT, THE BEAUTIFICATION BOARD. uISCUSS 'THESE REGULATIONS AT THEIR NEXT MEETING AND BE PREPARED 'PO MAKE, SUGGESTIONS AND ,RECOMMENDATIONS. AT THE NEXT PLANNING AND ZONING BOARD MEETING. THIS ITEM WILL BE CONTINUED ON THE NEXT MEETING'S AGENDA.. ITEM. 4. aEVIEW OF RULES OF PROCEDURE (POSTPO ED OCTOBER 22 I THE CITY ATTORNEY WAS ASKED TO RESEARCH THE LEGALITY OF ALTERNATING THE CHAIRMANSHIP OF THE PLANNING AND SONING'BOARD. 'PHIS ITEM WILL BE DISCUSSED AT THE NEXT MEETING'. DISCUSSION MR. DICK HORN ASKED THAT ,THE BOARD CONSIDER, AS, ANADD-ON ITEM, ASITE PLAN REVIEW FOR UNITS TO BE BUILT ON ADAMS AVENUE. 'PHE BOARD DECLINED TO HEAR THE ITEM, CITING THAT THE SITE PLAN MUST BE, SUBMITTED FOURTEEN DAYS PRIOR TO THE PLANNING AND ZONING BOARD MEETING. MR. A06 HARTNETT ASKED THAT THE BOARD 'BEAR A VARIANCE REQUEST AS AN ADD-ON ITEM.. FOLLOWING DISCUSSION, MR. FEEMAN MOVED TO DENY THE ADD-ON REQUEST DUB TO TUB FACT THAT THE VARIANCE REQUEST HAD NOT BEEN SUBMITTED FOURTEEN DAYS PRIOR TO PLANNING i ZIWING BOARD MEEYING NWFTtt= 12, 1986 PAGE 3 OF 4 PALES 0 0 I'HC MEETING, AND THE BUILDING OFFICIAL HAD NOT YET REVIEWED THE VARIANCE REQUEST. MR. THURM SECONDED MOTION. MOTION PASSED PLANNING S ZONING BOARD REGULAR MEETING OCTOBER 22, 1986 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON OCTOBER 22, 1986, AT CITY HALL, 105.POLK AVENUE, CAPE' CANAVERAL, FLORIDA. CHAIRMAN LAMAR RUSSELL CALLED THE MEETING TO ORDER AT 7130 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENTS LAMAR RUSSELL CHAIRMAN ROCKY RANDELS VICE—CHAIRMAN RICHARD THURM ' WILLIAM WINCHESTER ALTERNATE MEMBERS ABSENTS. CHRIS BECK ROCKNEY FEEMAN 'OTHERS PRESENTS KOHN BENNETT. DEPUTY CITY. ATTORNEY JEFF ECKLEY BUILDING INSPECTOR KATHY PFIRMAN "SECRETARY MR. RANDELS MOVED TO APPROVE THE MINUTES OF OCTOBER 8, 1986. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1: MOTION REs APPROVAL OF'PROPOSEDORDINANCE."A" AMENDING 6ECTION SWIMM NG POOLS AND ENCLOSURES. MR.RANDELS' MOVED TO RECONMEND APPROVAL OF THIS PROPOSAL TO CITY COUNCIL. MR. THURN:SECONDEO MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2., NOTION RE t APPROVAL OP PROPOSED ORDINANCE•8" AMENDING IONS AND MAXIMUM BUILDING —LENGTH.-- MR. ENGTH.MR. RANDELS MOVED TO RECOMMEND APPROVAL OF THIS PROPOSAL TO CITY COUNCIL. MR. WINCHESTER SECONDED NOTION. NOTION CARRIED UNANIMOUSLY. ITEM 3..' MOTION. RE,: APPROVAL OF PROPOSED ORDINANCE "C" ENDING BFINITION OP•LOT OVERAGB .` THE BOARD REVIEWED THE PROPOSED DEFINITION AND MEMBERS DISAGREED AS TO THE PROPER WORDING- :MR- THURM MOVED TO POSTPONE PLANNING i ZONING BOARD MINUTES OCIOSE t 22, 1986 PAGE 1 OF '3 PAGES 0 0 I'IIIS 1'IEM UNTIL THE NEXT MEETING- MR. RANDELS SECONDED MOTION. MOTION CARRIED. UNANIMOUSLY. ITEM 4. DISCUSSION RE t. AMENDING SECTION 632.01 DEFINITION OF PRINCIPAL USE OP 6TRUCTURE IN THE BUILDING OFFICIAL'S ABSENCE, MR. THURM MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING.. MR. RANDELS SECONDED MOTION.' MOTION CARRIED UNANIMOUSLY. ITEM 5. DISCUSSION RES PARKING RE UIREMENTS ON CORNER LOTS TW_A_E-_FZONE THE BOARD DISCUSSED THE PROBLEMS, ENCOUNTERED BY OWNERS OF CORNER LOTS IN TRYING TO MEET THE CITY PARKING REQUIREMENTS. MR. THURM MOVED TO RECOMMEND THE ADDITION OF THE FOLLOWING VERBAGE TO PAGE 57, PARAGRAPH R, -PARKING MAY BE PERMITTED ON A REQUER SIDE SETBACK ON A CORNER LOT IH C-11. MR, WINCHESTER SECONDED MOTION. .NOTION CARRIED UNANIMOUSLY. ADISCUSSION REGARDING PARKING SPACE DIMENSIONS WILL BE HELD AT THE NEXT MEETING! ITEM 6.. DISCUSSION REt AESTHETIC REGULATIONS CHAIRMAN RUSSELL READ PORTIONS 'OF,A JUDGMENT AGAINST AN ORLANDO HOMEOWNER WHICH. REQUIRED HIM TO PAINT AND'REPAIR HIS. HOUSE. THE BOARD DISCUSSED AESTHETIC REGULATIONS WITH MEMBERS OF THE BEAUTIFICATION BOARD. IT WAS DECIDED. THAT THE PLANNING AND ZONING BOARD WOULD MEET JOINTLY WITH THE BEAUTIFICATION BOARD ON THIS ITEM 'AFTER FURTHER INFORMATION AND REGULATIONS ARE GATHERED FROM OTHER MUNICIPALITIES, THIS ITEM WILL, BE: DISCUSSED FURTHER AT THE NEXT MEETING. ITEM 7. REV OF RULES AND REGULATIONS MR. THURM MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING. MR RANDELS SECONDED NOTION., NOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. 'FINAL PLAT APPROVAL JEPPERSON TOWNHOMES 4 UNITS AND BLOCK AV N-BY-THfi-SEA JE FE N AVB S - THOMAB H. 'QUINN FOLLOWING DISCUSSION, MR. RANDELS MOVED. TO APPROVE THE FINAL 'PLAT. MR., THURM SECONDED MOTION. NOTION CARRIED UNANIMOUSLY. PLANNING i E0N1NG BOARD MINUTES OCIOHER 22, 1986 PAGE 2 OF 3 PAGES 31'EM 2. DISCUSSION RE: DEFINITION FOH SERVICE ROADS IN COMMERCIAL AND INDUSTRIAL ZONES MR. DAVE McCOY OF BUSSEN ENGINEERING PRESENTED A, PRELIMINARY OEVELOPMENT DESIGN FOR MINI WAREHOUSES LOCATED ON CENTRAL AVENUE. HU ASKED THAT THE BOARD CONSIDER ADDING ADEFINITION FOR SERVICE ROADS TO THE ZONING.' ORDINANCE. HE EXPLAINED THAT THE SERVICE ROADS, AS DEPICTED, CANNOT. Be CONSIDERED A PRIVATE DRIVE, BECAUSE THEIR LENGTH IS GREATER THAN 200 FEET. UNLESS THESE ROADS ARE CONSIDERED ALLEYS, SETBACK REQUIREMENTS WOULD BE APPLICABLE. BOARD MEMBERS WERE CONCERNED THAT THE ROADS COULD BE A SAFETY HAZARD IF CARS, PULLED UP TO ASTORAGE BAY, AND BLOCK'. EMERGENCY VEHICLES. MR. THORN .FELT THAT SOME OF THE WAREHOUSES MIGHT BE USED AS BUSINESSES, THEREBY CREATING MORE TRAFFIC THAN EXPECTED. FOLLOWING DISCUSSION, MR.. THURM MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING. MR., RAN09LS SECONDED MOTION. MOTION PASSED UNANIMOUSLY.; ITEM 3. REGULARIME TING NB CANCELLING RHANEHC VINGG EVE) AND. DECEMBER 2 TH MR. THURM MOVED TO CANCEL THE MEETINGS OF NOVEMBER 26, 1986 AND DECEMBER 24, 1986.. -MR., RANDELS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. APPROVED THIS lld*t� DAY OF r 1986.. .fI ca .rn�.-. VICT KAM M i ZONING BOARD M.iTAJD:S OCTOBER 22. 1986 PACE 3 OF 3 PAGES 0 0 PLANNING AND ZONING BOARD REGULAR MEETING OCTOBER 8, 1906 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON OCTOBER. B, 1986, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LAMAR RUSSELL CALLED THE MEETING TO ORDER AT 7130 P.M.. THE SECRETARY CALLED THE ROLL.. MEMBERS, PRESENTS 'LAMAR RUSSELL :CHAIRMAN ROCKY RANDELS VICE-CHAIRMAN CHRIS BECK ROCKNEY FEEMAN RICHARD THURM - WILLIAM. WINCHESTER FIRST ALTERNATE OTHERS PRESENTS JAMES THERIAC CITY. ATTORNEY ARTIS GUNK BUILDING '' OFFICIAL JEFF KIDD CITY COUNCILMAN KATHY PFIRMAN SECRETARY MR. THURM MOVED TO 'APPROVE THE MINUTES OF SEPTEMBER 24, 1986, AS WRITTEN. MR. RANDELS SECONDED MOTION. MOTION PASSED UNANIMOUSLY,' ITEM 1. DISCUS6ION RSe SETBACK REGULATIONS FOR POOL' ' ENCLOS RES MR. RANDELS MOVED TO RECOMMEND APPROVAL OF THE PROPOSED ORDINANCE REGARDING SETBACK REGULATIONS FOR POOL ENCLOSURES. MS. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 2, 'DISCUSSION RSt AMENDINGSECTION '632.01 DEFINITION OF PR N ZP U E OF STR CTURE MR. GUNN PRESENTED -A PROPOSED AMENDMENT. TO THE BOARD, SEVERAL. ISSUES WERE DISCUSSED, INCLUDING., HOW THIS PROPOSAL MIGHT IMPACT HONE OCCUPATIONS. MR.THORN MOVED TO POSTPONE THIS ITEM UNTIL THE 'NEXT MEETING SO THAT BOARD MEMBERS COULD CONSIDER THIS PROPOSAL AND ANY RANIPICATIONS.MR.. FEENAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY, ITEM 3. SITB PLAN REVIEW AMERICAN BOOK AND BARRIER OFFICE ARBdOU ANDS RAGS SP CE ADDIT OM PARCEL ( A TRONAUT BOULEVARD) — RANDYO BRIEN R AL OP TI S PURSUANT TO DIRECTION AT THE LAST MEETING, THE CODE ENFORCEMENT OFFICER CERTIFIED THAT AMERICAN .BOOM ANO BARRIER WAS IN COMPLIANCE WITH THE CONDITIONS OF SPECIAL EXCEPTION NO. 78-5. PLANNING &'ZONING BOARD MEETING OCTOBER 8, 1986 PAGE 1 OF 4 e 0 pit. CITY ATTORNEY STATED THAT NO "NEW" SPECIAL EXCEPTION WOULD BE NEEDED TO ENLARGE TOE BUILDING. BOARD MEMBERS REVIEWED THE SITE PLAN AND FOUND THAT NO SIDEWALKS WERE INDICATED, MR. O'.BRIEN, OF AMERICAN BOOM AND BARRIER, STATED THAT HE WOULD HAVE THE REQUIRED SIDEWALKS. INSTALLED. FOLLOWING REVIEW, MR.RANDELS MOVED TO APPROVETHE SITE PLAN. MR. THURM SECONDED MOTION.. MOTION .PASSED UNANIMOUSLY. ITEM 4. DISCUSSION REt JUSTAMERE ROAD CITY ATTORNEY THERIAC EXPLAINED THAT SINCE JUSTAMERE ROAD IS A PRIVATE ROAD, THE FRONT SETBACKS DO NOT APPLY. HE FURTHER NOTED THAT HE WOULD PREPARE AFFIDAVITS FOR. THE JUSTAMERE ROAD. PROPERTY OWNERS TO SIGN, ATTESTING TO THE PACT THAT IT TS A PRIVATE ROAD. ITEM 5. DISCUSSION RE, AMENDING SECTIONS 637.25 AND MAXIMUM BUILDING LENGTH MR. GUNN EXPLAINED THAT ACCORDING TO THE CURRENT ORDINANCE, A 4- HOUR FIRE WALL SEPARATION CONSTITUTES AN INDIVIDUAL BUILDING. CONCEIVABLY, A BUILDER COULD ERECT A. 185 -FOOT BUILDING, PLACE A 4 -HOUR FIRE WALL AT ONE END, AND ADD ANOTHER 185 FEET,, ETC. MR. RANDELS MOVED TO HAVE THE PROPOSED REWORDING PUT INTO ORDINANCE FORM FOR REVIEW AT. THE NEXT MEETING. MR.. FEEMAN, SECONDED MOTION,. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1. R UEST NO 86-11 VARIANCE TO C O- S TROCT SWIMMING POOL WITH AE UIRED ETBACR SEC. .TSP.. S RUE E A ON -BY -THE- EA BLOCK 4W, LOT 1. PETI NE_R IS KENNETH D. MARVIN, OWNER, MR. MARVIN APPEARED BEFORE THE BOARD TO, REQUEST THAT HE BE ALLOWED TO CONSTRUCT ASWIMMING POOL ON HIS PROPERTY WHICH WOULD ENCROACH ON THE TEN -FOOT SETBACK BY THREE TO FIVE, FEET, UNDER THE. CURRENT REGULATIONS. ,HE EXPLAINED THAT THE POOL FORMS .ARE AVAILABLE ONLY IN STANDARD SIZES, OF WHICH HE CHOSE THE SMALLEST AVAILABLE FROM THIS PARTICULAR POOL COMPANY, UNDER THE PROPOSED POOL SETBACK ORDINANCE, HIS SETBACKENCROACHMENTWOULD BE LESS THAN TWO FEET. BOARD MEMBERS DISCUSSED THE VARIANCE AND WERE UNABLE TO ASCERTAIN ANY LEGAL HARDSHIP. MR.' RANDELS MOVED TO RECOMMEND. PLANNING i ZONING BOARD MEETING OCTOBER 8, 1986 PAGE 2 OF 4 0 ,IS0.PPROVAL OF REQUEST NO. 86-11 TO THE BOARD OF ADJUSTMENT. MS. BECK SECONDED MOTION. VOTE ON THE MOTION WAS AS FOLLOWSt IN FAVOR, MS. BECK, MR. FEEMAN, MR. RANDELS AND, MR. RUSSELLI OPPOSED., MR. THURM. MOTION CARRIED. ITEM 2. DISCUSSION RE$. PARKING REQUIREMENTS ON CORNER LOTS IN C- ZON MR.. MURPHY APPEARED. BEFORE. THE BOARD. TO EXPLAIN THE PROBLEHS CREATED BY THE ORDINANCE IN REGARDS TO PARKINGREQUIREMENTS ON CORNER LOTS IN A C-1 ZONE- THE SETBACK REQUIREMENTS HAVE MADE SOME CORNER LOTS IN. THE CITY UNBUILDABLE AND HE ASKED THAT THE HOARD ADDRESS THIS SITUATION. ONE, SUGGESTED. SOLUTION WOULD. BE TO MODIFY PARAGRAPH HON. PAGE 57 TO STATE THAT PARKING MAY BE PERMITTED ON A REQUIRED SETBACK ON CORNER LOTS. : FOLLOWING DISCUSSION, MR. RANDELS MOVEU TO POSTPONE .THIS. ITEM UNTIL THE NEXT MEETING. MR. FEEMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 3. DISCUSSION REi AMENDING DEFINITION OF "LOT COVERAGE ' CHAIRMAN RUSSELL 'EXPLAINED THAT THE CURRENT ORDINANCE DOES' NOT DEFINE LOT COVERAGE. HE PRESENTED THE FOLLOWING PROPOSED VERBAGE FOR THE DEFINITIONt'. "LOT COVERAGE- THEAREA OF A LOT. THAT IS - COVERED BY AN ENCLOSED STRUCTURE. THIS IS NORMALLY THE PRINCIPAL AND ACCESSORY STRUC- TURES, AND ANY OTHER STRUCTURE THAT BLOCKS SUNLIGHT AND/OR THE'8REEZEWAY":.. MR. FEEMAN MOVED. TO HAVE THIS PROPOSAL PUT IN ORDINANCE FORM AND TO RECOMMEND APPROVAL TO ,THE CITY COUNCIL,, MR,' RANDELS SECONDED MOTION. ,.NOTION PASSED UNANIMOUSLY. ITEM 4. DISCUSSION RE% REQUIRED PARKING SETBACKS DISCUSSION ON THIS WAS HELD UNDER IT04 2. ITEM 5. DISCUSSION REi AESTHETIC REGULATIONS CITY ATTORNEY THERMIC PRESENTED. ISSUES TO THE BOARD REGARDING AESTHETIC REGULATIONS. DISCUSSION FOLLOWED. MR. THERIAC VOLUNTEERED TO BRING IN ORDINANCES FROM OTHER CITIES FOR THE NEXT MEETING.. 'CHRIS BECK STATED THAT SHE WOULD BRING IN COPIES OF. THE CITYOF ST. CLOUD ORDINANCE. PLANNING ZONING ZONING BOARD MEETING OCTOBER. 8, 1986 PAGE 3 OF '4 • 0 ITEM 6. MOTION REs ELECTION OF OFFICERS MR. RANDELS MOVED TO NOMINATE MR. RUSSELL FOR CHAIRMAN. MR. 'CHURN SECONDED MOTION. MR. ,RANDELS MOVED THAT NOMINATIONS BE CLOSED. MR. THURM SECONDED MOTION., MR. RUSSELL WAS ELECTED CHAIRMAN BY ACCLAMATION. MR. THURM MOVED TO NOMINATE MR. RANDELS AS VICE CHAIRMAN' MR. WINCHESTER MOVED TO CLOSE NOMINATIONS. MR. FEEMAN SECONDED MOTION. MR. RANDELS WAS ELECTED VICE CHAIRMAN BY ACCLAMATION. ITEM '7. REVIEW OF RULES OF PROCEDURE CHAIRMAN RUSSELL PRESENTED A COMPARISON HE 'PREPARED ON THE PROCEDURAL RULES OF THE PLANNING AND ZONING BOARD AND THE LOCAL PLANNING AGENCY. BOARD MEMBERS DISCUSSED A POSSIBLE PROCEDURAL. CHANGE WHICH WOULD ALLOW FOR ALTERNATING THE: CHAIRMANSHIP ON A REGULAR BASIS. THIS WOULD ALLOW OTHER BOARD MEMBERS. AN OPPORTUNITY TO GAIN ADDITIONAL EXPERIENCE. THIS ITEM WILL BE DISCUSSED FURTHER AT THE NEXT 'MEETING.' THERE BEING NO FURTHER BUSINESS, MEETING WAS ADJOURNED AT. I0s25 P.M. t _ APPROVED TNIS 22" 1966. DAY OF �t�I.��l_� S CHET PLANNING C ZONING .BOARD MEETING OCTOBER 8. 1986 - PAGE 4 OF, 4 76D532 LAW OFFICES HOLO,A.B, THERIAC, AMARI c,_ KOBERTS ATTORNEYS AND COUNSELORS AT LAW A PARTNERSHIP OF INDIVIDUALS AND PROFESSIONAL ASSOCIATIONS CHARLES M.HOLCOMB,P.A. MARINER SQUARE JAMES THERIAC,P.A. SUITE 302 RICHARD S.AMARI,P.A. 96 WILLARD STREET CHARLES J.ROBERTS COCOA, FLORIDA 32922 MITCHELL S.GOLDMAN TELEPHONE (305) 639-1320 BRADLY ROGER BETTIN November 6 , 1986 Ms. Jan Leezer City Hall 105 Polk Avenue Cape Canaveral, Florida 32920 Dear Jan: At the Planning and Zoning Meeting of September 24 , 1986 , a question arose as to whether the residents along Justamere Road would have to abide by the setback requirements of the City of Cape Canaveral Code Sections 637 . 39 and 637 .55 . After questioning the residents and reviewing the title abstracts and city records it is our opinion that Justamere Road is a privately owned and maintained roadway. Further, Justamere Road has apparently never been dedicated to the city, therefore the residents of Justamere Road are not subject to the setback requirements of Code Section 637 .39 and 637 .55 of the City of Cape Canaveral. Respectfully submitted, James - . Ther ' ac III City Att•rney JST/met PLANNING AND ZONING BOARD REGULAR MEETING SEPTEMBER 24. 1986 A REGULAR MEETING OF THE PLANNING AND ZONING HOARD WAS HELD ON SEPTEMBER 24, 1980, AT CITY HALL, 105 FOLK AVENUE, CAPE. CANAVERAL, FLORIDA. CHAIRMAN RUSSELL CALLED THE MEETING TO ORDER AT 7:36 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENTS LAMAR RUSSELL CHAIRMAN ROCKY HANDEL$ VICE-CHAIRMAN CHRIS BECK RICHARD TRURM' MEMBERS ABSENT: ROCKNEY FEEMAN WILLIAM WINCHESTER FIRST ALTERNATE OTHERS PRESENTS - JAMES TIIERIAC. CITY ATTORNEY ANTIS GUNN BUILDING OFFICIAL 'JEFFREY ECKLEY BUILDING INSPECTOR EVELYN HUTCHERSON SECRETARY MR. RANDELS MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 19, 1986, MEETING. MR. THURM SECONDED MOT10N, MOTION PASSED UNANIMOUSLY: UNFINISHED BUSINESS ITEM J. REVIEW OF ORDINANCE AMENDING SECTION 637.53, C-1 PROHIBITED USES AND STR CT RF. A TYPOGRAPHICAL ERROR. WAS NOTED. UNDER SECTION 1. SECTION 639.53 SHOULD READ 637.53. FOLLOWING'A DISCUSSION ON THE PROPOSED AMENDMENTS, MN. HANDEL$ MOVED THAT SECTION 637.53 BE AMENDED BY DELETING SUB -PARAGRAPHS IN AND (D) AND REPLACING WITH. (C) BOTTLE CLUBS, AND SECTION 637.51 BE AMENDED BY THE ADDITION OF SUR -PARAGRAPH (N) TO INCLUDE THE PARAGRAPHS. DELETED. FROM SECTION 637.53. MR. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 2. DISCUSSION RE: SETBACK REGULATIONS. FOR POOL ENCLINISURES IT ,WAS RECOMMENDED THAT THE PARENTHESES BE REMOVED AROUND THE WORD '"SETBACK": THROUGHOUT THE PROPOSED .PLANNING AND ZONING BOARD REGULAR MELTING SEPTEMBER 24,3986 PAGE 1 OF 6 PAGES' 0 0 AjD:NDMI:NT. Mit. GUNN STATED .THAT TIIE NOTES Iti: mRED in IN SUH-PARAGRAPH (D) WERE INADVERTENTLY 05117TED. CHAIRMAN RUSSELL RECOMMENDED THAT THIS ITEM 111i CONTINUED UNTIL Till: NEST MEETING. ITEM 9. DISCUSSION REs AMENDING SECTION 582.01 DEFINITION OF "PRINCIPAL USE OF ST UCT RE" MR. GUNN EXPLAINED THAT THE TECHNICAL FLANS IN TIIE DEFINI- TION DAVE NOT BEEN WORKED OUT, HE WILL PREPARE A PROPOSAL FOR THE NEXT MEITINO. NEW BUSINESS ITEM 1. PRELIMINARY PLAT APPROVAL, SKAN'S PLACE 4 UNITS,. .OTS 9 D 0) BLOCK -p'-THF: S.A 538-529 WASHINGTON AVEN . - LEON C. BEELER. III MR. GUNN NOTED THAT THE REQUIRED FIVE (5) FOOT EASEMENT 1S REFLECTED ON THE PLATt HOWEVER, IF THE EASEMENT IS USED FOR UTILITIES,THE WIDTH OF THE EASEMENT MAY NEED TO BE INCREASED, .hill. HANDELS MOVED THAT TIIE PRELIMINARY PLAT FOR 'SEAN'S PLACE HE APPROVED. MS. BECK SECONDED MOTION, MOTION PASSED UNANIMOUSLY, ITEM 2. SITE PLAN REVIEW' TIIE SOUTH 660 108 UNIT CONDOMINIUM CO51P EX PARCGI. 51 NOR H O CANAVERAL SANDS ON R D , 10 - O -S CO P., 7ffvxffb_A_.TOWIS, PRESIDENT SIR. GUNN STATED THAT THE TURN .AREA WAS NOT SUFFICIENT AT ONE DUMPSTF.R LOCATION AND IT WAS RELOCATED TO AN AREA AT THE FRONT OF THE PROJECT.. HE COMMENTED THAT THERE WERE TWO CONCEPTUAL. ISSUES WHICH MAY NEED TO BE ADDRESSED: 1) THE TWENTY (20) FOOT REACH ACCESS AT THE SOUTH END OF Till: PROPERTY WOULD NOT ACCOMODATE TWO-WAY TRAFFIC FOR BEACH ACCESS. IT WAS THE CONSENSUS OF THE BOARD THAT THIS ACCESS WOULD BE BETTER UTILIZED AS A' WALK-THROUGH ACCESS RATHER THAN FOR VEHICULAR TRAFFIC. (2) THE PAVED PORTION OF RIDGEWOOD AVENUE TERMINATES SHORT OF THE NORTH BOUNDARY OF PROJECT. MR, REINMAN REMARKED THAT THERE WOULD BE NO PROBLEM FOR THEM TO PAVE THAT SECTION. PLANNING. AND ZONING BOARD REGULAR MEETING SEPTEMBER 24, 1966. PAFE 2 OF'5 PAGES 0 0 %111. RLINMAN FURTHIAl NOTED THAI' Till: PROJECT WAS WEIR. l"N11I:11 DENSITY AND WAS DESIGNED TO PROVIDE AN OrEAN 19£1%', ACrLSS TO PARKING AND BREEZEWAY (APPROXIMATELY 50%). THE NEED FOR ADDITIONAL. DUNE CROSSOVERS WAS DISCUSSED. MR. REINMAN AGREED '10 REQUEST AN ADDITIONAL. CROSSOVER EXTENDING FROM THE SIDEWALK ' ON THE NORTH END OF THE SOUTHERN MOST BUILDING. MR. RANDELS'MOVED THAT THE SITE PLAN BE APPROVED. MS.. DECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM a. SITE PLAN REVIEW AMERICAN ROOM AND BARRIEROF"'I: WAREHOUSE.ST GE SP - D T ' 254.1 (9160—ASTRONAUT B0 .:'AR l -RANDY QHKILN. COMMERCIA O T IiS BIR. GUNN EXPLAINED THAT THEY WERE OPERATING UNDER A SPECIAL EXCEPTION IN A C-1 ZONE. AND THE ADJACENT PROPERTY ON ALL FOUR SIDES IS ZONED C-1, MR. GUNN QUESTIONED THE NEED FOR A SIDEWALK IN CONNECTION WITH THE .EXPANSION SINCE NONE WER17 SHOWN ON THE SITE PLAN. IN RESPONSE TO A QUESTION FROM THE BOARD REGARDING THE NATURE OF OPERATION, MR. RANDY OTIRIEN EXPLAINED THAT THEY ASSEMBLE ENVIRONMENTAL. 'PROTECTION EQUIPMENT (ROOMS AND BARRIERS).AND THEIR SUBSIDIARY, CAPE CANAVERAL MARINE SERVICES, CLEANS UP OIL SPILLS IN THE AREA. HE STATED THAT NO HAZARDOUS MATERIALS ARE STORED AT THEIR FACILITYI THESE .WASTES REMAIN AT THE SITE OF THESPILL FOR DISPOSAL. MR. THURM ADVOCATED THAT HE DID NOT FEEL THAT AMERICAN BOOM AND BARRIER WERE IN COMPLIANCEWITH SPECIAL EXCEPTION NO. 78-5 IN THAT THE PRESENT OPERATIONS EXCEED THOSE PERMITTED AND THAT THEY SHOULD APPLY FOR AN ADDITIONAL SPECIAL EXCEPTION FOR THEIR 'AFFILIATE OPERATION. FOLLOWING A' DISCUSSION ON THE CONDITIONS OF THE SPECIAL EXCEPTION AND THE POSSIBILITY OF RELOCATING THE AFFILIATE. OPERATION. MR. RANDELS MOVED TO DIRECT THE CODE ENFORCEMENT OFFICER TO CERTIFY THAT AMERICAN BOOM AND HARRIER IS IN COMPLIANCE WITH SPECIAL EXCEPTION NO. 78-5 LIMITING THEIR USE TO THE 'ORIGINAL: CONDITIONS OUTLINED IN THE SPECIAL EXCEPTION. MR. THURM SECONDED MOTION. 'MOTION PASSED UNANIMOUSLY. PLANNING AND ZONING BOARD REGULAR MEETING SEPTEMBER 24..1986 PAGE 3 OF 5 PAGES ITEM 4. DISCUSSION RI:: JUST.A11£RE ROAD MR. THURM REMARKED THAT THE RESIDENTS OF JUSTAMERE ROAD h CRE EXPERIENCING PROBLEMS iN OBTAINING PERMITS FOR CARPORTS BECAUSE OF. THE REQUIREDSETBACKS. MRS. BETTY SNYDER STATED THAT THEY HAD NO PROBLEMS MEETING TIIE SETBACKS UNDER RESOLUTION NO. 61-64 FOR TR -1, SINGLE FAMILY MOBILE HOME ZONE WHICH REQUIRED FIFTEEN (15) -FEET IN THE FRONT AND FIVE (5) FEET ON TIIE SIDES AND REARI HOWEVER, THE TR -1 ZONING WAS ELI511NATED IN 1978 AND THESE LOTS BECAME NON -CONFORMING. THE LOTS ARE 100 FEET WIDE AND 50 FEET DEEP, AND THE REQUIRED 25 -FOOT, FRONT SETBACK RESTRICTS THEIR USE OF THE PROPERTY. NUMEROUS POSSIBLE SOLUTIONS TO, THE PROBLEM WERE EXPLORED TO NO AVAIL. DURING TIII: DISCUSSION, IT WAS MENTIONED THAT JUSTAMrR£ ROAD WAS A PRIVATE ROAD AND. ATTORNEY TIIERIAC AGREED TO RESEARCII THE MATTER FOR POSSIBLE ALTERNATIVES. ITEM 5. MOTION - REI RECOMMENDATION OF APPOINTMENT OF ALTERNATE BOARD MEMBER CHAIRMAN RUSSELL EXPLAINED THATTHERE WAS. A VACANCY TO BE FILLED FOR SECOND ALTERNATE AND INTRODUCED MR.' JAMES Al. OKELL. IT WAS POINTED OUT THAT THE BOARD MEMBERS DID NOT RECEIVE ANY COMPENSATION .FOR THEIR SERVICE AND THAT TIIE MEMBERS. WERE REQUIRED TO FILE A FINANCIAL DISCLOSURE. MR. OKELL INDICATED THAT THE FINANCIAL DISCLOSURE WOULD NOT BE A PROBLEM, FOLLOWING A DISCUSSION ON HIS VIEWS OF CERTAIN ZONING QUESTIONS, MR. OKELL WAS THANKED FOR HIS INTEREST AND ADVISED THAT HE WAS THE. ONLY APPLICANT. AT THIS TIME AND HE WOULD .BE CONTACTED WHEN THE APPOINTMENT WOULD BE MADE. ITEM 6. DISCUSSION RE: AMENDING SECTIONS 657.25 AND 657.98 MAXIMUM BUILDING LENGTH SINCE MR. GUNN HAD LEFT THE MEETING, THIS ITEM WAS CONTINUED UNTIL THE NEXT MEETING. - CHAIRMAN RUSSELL REQUESTED THAT THE MEMBERS REVIEW THE RULES AND PROCEDURES FOR BOTH THE ZONING BOARD AND THE LOCAL PLANNING. AGENCY. ,COPIES OF THE RULES AND PROCEDURES, TOGETHER. WITH A COMPARISON OF THE TWO, WILL BE PROVIDED IN THE NEXT AGENDA PACKET. THIS ITEM WILL BE DISCUSSED AT THE NEXT MEETING. PLANNING AND ZONING BOARD REGULAR MEETING SEPTEMBER 24, 1986 PAGE 4 OF 5 PAGES 0 • Mit. JOAN DIURIIIIY REQUESTED PERMISSION TO ADDRESS T11L BOARD R I.GARDING A PROBLEM HE WAS EXPERIENCING WITH A FIFTY (59) FOOT. CORNER LOT IN'A C-1 ZONE. RG NOTED THAT CHANGES IN REQUIRED FRONTAGE AND PARKING REQUIREMENTS HAD MADE THE LOT UNHUILDABLE. AIR. MURPHY REQUESTED THAT THE BOARD CONSIDER TIIE POSSIBILITY OF ALLOWING, PARKING. IN THE SIDE SETBACK OF A CORNER LOT OR ALLOW THE OWNER TO SELECT THEIR FRONTAGE. THIS I"I'IiA1 WILL IIG DISCUSSED AT THE NEXT MEETING. , TIIISHG BEING NO FURTHER BUSINESS, MEETING WAS ADJOURNED A1' 11:19 P.M, APPROVED THIS VR DAY OF UC'�t.:IiQe. 7�nnM .ainnrva 7Prwe,Ll� ff. CIIAIRAIA BEC iRY PLANNING AND ZONING BOARD REGULAR MEETING .SEPTEMBER 14, 1986 PAGE 6 OF 5 PAGES PLANNING AND ZONING BOARD REGULAR MEETING SEPTEMBER 10, 1986 AREGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD )t: SEPTEMBER 10, 1986 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LAMAR RUSSELL CALLED THE MEETING TO ORDER AT 7130 P.M. THE SECRETARY CALLED THE ROLL.. MEMBERS PRESENTt LAMAR RUSSELL CHAIRMAN ROCKY RANDELS VICE-CRAIRMAN RICHARD THURM ROCKNEY FEEMAN MEMBERS ABSENTI CHRIS BECK WILLIAM WINCHESTER FIRST ALTERNATE HELEN FILKINS. SECOND ALTERNATE OTHERS PRESENTS'. JAMES GUNNIAC CITY BUILDING OFFICIAL RNEY ARTIS UN JEFFREY ECKLEY ' ' BUILDING INSPECTOR LEO NICHOLAS SCITY ECRETARY KATHY PFIRMAN CHAIRMAN RUSSELL ASKED THAT THE MINUTES BE AMENDED AS FOL LOWSt. ON PAGE 2, ITEM 5 SHOULD READ "CONDOMINIUM DOCUMENTS BE MODIFIED TO PROHIBIT SCREENED PORCHES ON BEACH END OF DEVELOP— MENT." MR. RANDELS MOVED TO APPROVE THE MINUTES AS AMENDED. MR. FEEMAN SECONDED, THE MOTION. MOTION PASSED UNANIMOUSLY. ITEM 1.REVIEW OP ORDINANCE AMENDING SECTION 637.53 C^ PROHIBITED USES AND STRUCTURES AS DISCUSSED AT THE LAST MEETING, ITEMS C AND D NEED TO HE DELETED AS PROHIBITED USES, WITH THE EXCEPTION OF BOTTLE CLUBS, WHICH WOULD STILL BE PROHIBITED. 'MR. THURM SUGGESTED THAT THE OTHER ITEMS LISTED IN C AND D (BOOKSTORES, DRIVE—IN THEATERS, THEATERS, PHOTOGRAPHIC STUDIOS'AND DANCE STUDIOS) BE PERMITTED BY SPECIAL EXCEPTION. A PROPOSAL, WILL BE, PRESENTED AT THE NEXT MEETING BY THE CITY ATTORNEY. ITEM 2. DISCDSSIONREs SETBACK REGULATIONS FOR POOL 'E L RES. (C NTINUED FROMAU U T MR. GUNN REPORTED THAT HE HAD RESEARCHED ORDINANCES FROM. OTHER MUNICIPALITIES REGARDING POOLS AND POOL. ENCLOSURES BUT HE WAS NOT YET READY TO PRESENT A PROPOSAL. THIS ITEM WILL BE CONTINUED AT THE NEXT MEETING. MICROFILMED AUG 87 ITEM 3 . DISCUSSION RE: AMENDING SEC. 632 . 01, DEFINITION OF "PRINCIPAL USES OF STRUCTURE" (CONTINUED FROM AUGUST 27 ) MR. GUNN ASKED THAT THE BOARD CONSIDER WHAT PROBLEMS, IF ANY, MIXED USAGE OF A PROPERTY WOULD CREATE. SINCE RESIDENTIAL USAGE IS ALLOWABLE IN C-1 BY SPECIAL EXCEPTION, A RESIDENCE COULD BE ERECTED AND LATER AN OFFICE OR OTHER BUSINESS COULD BE BUILT ON THE SAME PARCEL OF PROPERTY. MR. THURM ENVISIONED PROBLEMS IN THAT THE DENSITY REQUIREMENT IS NOT SO RESTRICTIVE IN C-1. MR. GUNN WILL PREPARE A PROPOSAL FOR THE NEXT MEETING. DISSCUSSION MR. THURM ASKED THAT BOARD MEMBERS CONSIDER THE PLIGHT OF THE MOBILE HOME OWNERS ON JUSTAMERE ROAD. DUE TO THE FACT THAT THE LOTS ARE NON-CONFORMING, THESE RESIDENTS ARE NOT ALLOWED TO ADD ON SUCH THINGS AS CARPORTS SINCE THE ORDINANCE PROHIBITS INCREASING A NON-CONFORMITY. THIS ISSUE WILL BE DISCUSSED AT THE NEXT MEETING. THERE BEING NO FURTHER BUSINESS, MEETING WAS ADJOURNED AT 9 : 20 P.M. I APPROVED THIS 2.4 DAY OF -A , /, , 1986 . X14414CHAI AAwtaA S CRE RY 0 0 PLANNING AND ZONING BOARD REGULAR MEETING AUGUST 27, 1986 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON AUGUST 27, 1986 AT CITY HALL, 10S POLK AVENUE,CAPE CANAVERAL,' FLORIDA. CHAIRMAN LAMAR RUSSELL CALLED THE MEETING TO ORDER AT 7;30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENTS LAMAR RUSSELL - CHAIRMAN ROCKYRANDELS VICE-CHAIRMAN CHRIS BECK 'RICHARD. THURM ROCKNEY FEEMAN WILLIAM WINCHESTER FIRST ALTERNATE MEMBER ABSENTi HELEN FILKINS SECOND ALTERNATE OTHERS PRESENTS JAMES THERIAC CITY ATTORNEY ANTIS GUNN BUILDING OFFICIAL - KATHY PFIRMAN ' SECRETARY 'MR. RANDELS MOVED TO APPROVE THE. MINUTES OP AUGUST 1,3, 1966., MR. FEEMAN SECONDED MOTION. <. MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS - ITEM .1. SITE PLAN REVIEW VILLAGES OF SEAPORT VILLAGE 7 !L TE T . AT C AVE-) B VENT RE PO YON D AUGUST13) ATTORNEY JIM REINMAN. OP' VILLAGES OP SEAPORT PRESENTED A REVISED SITE PLAN FOR THE PROJECT. MR. GUNN EXPLAINED THAT THE BASIC CHANGES WERE THAT THE PARKING WAS RELOCATED AND THE BUILDING. HEIGHTS WERE REDUCED TO THREE STORIES.'. MR. GUNN RECOMMENDED APPROVAL OF THIS SITE PLANT CONTINGENT UPON THE. APPROVAL OF THE CITY ENGINEERS. REGARDING TUB SANITARY SEWER. SYSTEM. BOARD MEMBERS WERE CONCERNED ABOUT GIVING A CONTINGENT. APPROVAL DUB TO THE FACT THAT .THEY FELT THAT. CONTINGENCIES ON THE. PREVIOUS SITE PLAN HAD NOT BEEN NET BY THE DEVELOPER. SPECIFICALLY, THE WALL BETWEEN VILLAGES OF SEAPORT AMU. HARBOR HEIGHTS HAD NOT BEEN. FINISHED TO THE SATISFACTION OF THE BOARD AND VILLAGES OF SEAPORT PERSONNEL HAD BEEN UNRESPONSIVE. MR. REINMAN AND MR. KNIGHT STATED THAT THEYWOULD WORK TO REMEDY THIS SITUATION. 0 i FOLLOWING DISCUSSION. MR. RANDELS MOVED TO APPROVE THE SPCF: PLAN PENDING THE FOLLOWING 7 ARTICLES1 1) CAST IRON PIPE TO BE INSTALLED FOR APPROXIMATELY 154 LINEAR FEET, AS NOTED ON THE SITE PLAN. 2) INSTALLATION OF THE. FIVE DUNE CROSSOVERS WITH SIDEWALKS LEADING TO SAID CROSSOVERS 3) VERIFICATION. THAT THE'DUMPSTER ON THE BAST. END CAN BE SERVICED. 4) STREET SIGNS AND INTERNAL STREET MARKINGS SHALL BE PROVIDED. 5)CONDOMINIUM DOCUMENTS BE MODIFIED TO PROHIBIT. SCREENED o� PORCHES ON BEAOH-EWDEVELOPMENT.. 6) SITE PLAN BE MODIFIED TO INCLUDE 4 FOOT SIDEWALKS ALONG THE ENTIRE LENGTH OF RIDGEWOOD (BOTH SIOES). 7) FINAL APPROVAL SHALL BE RECEIVED FROM BRILEY. AND WILD. THE DEVELOPER AGREED TO THE ABOVE STIPULATIONS. MR. THORN SECONDED MOTION. MR'. RANDELS MOVED TO AMEND:THE MOTION., SUCH THAT ALL THE STIPULATIONS MUST BE. MET PRIOR TO. THE ISSUANCE OF THE FIRST CERTIFICATE OF OCCUPANCY. MR. THORN SECONDED MOTION - MOTION PASSED UNANIMOUSLY, ITEM 2. 'REVIEW OP ORDSNANCB AMENDING SECTION 639.27 BY REGULATING HEIGHT OF PENCE9 WALLS AND HEDG S IN MMER IAL ND IDU TRIAL ZONE jpOSTP dNED AUGUST ) THE BOARD DISCUSSED THE PROPOSED�ORDINANCE AMENDMENT SUBMITTED BY .THE BUILDING OFFICIAL. IT WAS .POINTED OUT THAT SECTION 2 OF THE PROPOSED ORDINANCE CONFLICTED WITH PARAGRAPH 2 OF SECTION 1. MR., RANDELS. MOVED TO RECOMMEND APPROVAL OF THE ORDINANCE. WITH SECTION 2 DELETEDTO THE CITY COUNCIL.. MR. FEEMAN SECONDED NOTION. MOTION PASSED UNANIMOUSLY. ITEM 3. DISCUSSION RES SETBACK REGULATIONS FOR POOL INC 6UR (CONTINUE ROM AUGUST 13) MR. GUNN EXPLAINED TO THE BOARD THAT BE HAD ATTEMPTED TO WRITE AN AMENDMENT TO THE ORDINANCE BUT HE NEEDED FURTHER INPUT FROM THE BOARD. AT PREVIOUS NESTINGS, THE BOARD INDICATED THAT A POOL ENCLOSURE SHOULD' BE. ALLOWED. IN A SIDE INTERIOR SETBACK- MR-. GUNN WAS UNSURE AS TO THE BOARD'S FEELINGS ONCORNER SIDE SET- BACKS. BOARD MEMBERS INDICATED THAT IT WOULD NOT BE ACCEPTABLE 0 0 c: CORNER LOTS TO ALLOW POOLS IN THE SETBACK. MR. GUNN ALSO ASKED WHETHER ABOVE GROUND POOLS SHOULD BE ADDRESSED IN THE SAME MANNER.AS BELOW GROUND ..POOLS. HE WAS ADVISED TO DO 60. THE REGULATION OF AMENITIES, SUCH AS SLIDING BOARDS, WAS ALSO DISCUSSED. .THE BOARD ASKED THAT Mit. GUNN'RESEARCH ORDINANCES OF OTHER CITIES. THIS ITEM WILL Be DISCUSSED FURTHER AT THE .NEXT MF.E'PING. NEW BUSINESS ITEM 1. DISCUSSION REa AMENDING SEC. 632.01. DEFINITION OF '"PRIM IPAL USE F STRUCTURE MR. GUNN, ASKED THE BOARD,TO MAKE A POLICY DECISION REGARDING WHETHER TO ALLOW TWO PRINCIPAL USES ON THE SAME PIECE OF PROPERTY. FOLLOWING PRESENTATION BY MR.GUNN, THE BOARD ELECTED TO THINK ABOUT THIS ISSUE.. THIS ITEM WILL BE DISCUSSED AT THE NEXT MEETING. ITEM 2. DISCUSSION REt AMENDING SEC. 637.53 C-.1 PROHIBITED USES ANDSTRUCTURE MR. THERIAC EXPLAINED THAT ITEMS C AND D ON PAGE 43 WHICH PROHIBIT THEATRES,. DRIVE—IN THEATRES, PHOTOGRAPHIC STUDIOS, BOOKSTORES, BOTTLE CLUBS AND DANCE STUDIOS NEED TO BE DELETED FROM THE. ORDINANCE. THE RATIONALE AT THE TIME THIS ORDINANCE WAS ADOPTED WAS THAT IF ALL OF THESE ESTABLISHMENTS WERE PROHIBITED, THEN ADULT' ENTERTAINMENT (PORNOGRAPHIC) ESTABLISHMENTS. WOULD NOT BE ALLOWED'. THE BOARD AGREEDTHAT ITEMS C ANDD SHOULD BE. DELETED, EXCEPT FOR BOTTLE. CLUBS, AS ADULT ENTERTAINMENT I5, REGULATED BY THE NEW ADULT ENTERTAINMENT ORDINANCES RECENTLY ADOPTED BY COUNCIL. THERE BEING NO FURTHER BUSINESS, MEETING WAS ADJOURNED AT 10:20 P.M. APPROVEDJTHIS II/= DAY OF `^t �l�xbe2. , 1986.' Xamaa kwad CBAIYtNAN _ , SE RE Y . PLANNING AND 'ZONING BOARD REGULAR MEETING AUGUST 13, 1986 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON AUGUST '13, 1986 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. .CHAIRMAN LAMAR RUSSELL CALLED THE MEETING TO ORDER AT 7t30 P.M. THE 'SECRETARY CALLED THE ROLL. MEMBERS PRESENT: LANAR RUSSELL CHAIRMAN ROCKY RANDELS VICE-CHAIRMAN CHRIS BECK RICHARD THURM ' ROCKNEY FEEMAN WILLIAM WINCHESTER FIRST ALTERNATE HELEN FILKINS SECOND ALTERNATE OTHERS PRESENTi JAMES THERIAC CITY ATTORNEY ARTIE GUNN BUILDING OFFICIAL KATHY PFIRMAN SECRETARY RUSSELL LLOYD BOARD OF ADJUSTMENT MR. FEEMAN MOVED TO APPROVE THE MINUTES OF `JULY 23, 1986. MS. BECK SECONDED. MOTION, MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. DISCUSSION AEi AMENDINGSECTION 639.27 BY REGULATING HEIGHT F ENCES ALES AND HEDGES 'IN. COMMERCIAL AND INDUSTRIAL ZONES (POSTPONED JULY 3). BOARD MEMBERS' DISCUSSED PLACING LIMITATIONS ON THE HEIGHT OF FENCES, WALLS AND HEDGES IN COMMERCIAL AND INDUSTRIAL ,ZONES. MR. THURM SUGGESTED THAT THIS BE DONE BY SPECIAL EXCEPTION. OTHER IDEAS WERE DISCUSSED, MR. RANDELS WAS OF THE OPINION THAT THE HEIGHT RESTRICTION IN C-1 AND M-1 SHOULD BE LESS STRICT THAN IN THE RESIDENTIAL ZONES BECAUSE RESIDENTIAL USES OCCUR IN C-1. FOLLOWINGDISCUSSION, MR. RANDELS MOVED TO HAVE MR, GUNN AND MR.' THERIAC PREPARE AN ORDINANCE FOR REVIEW AT THE NEXT MEETING.' MS. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 2. DISCUSSION XE: SETBACK. REGULATIONS FOR POOL ENCLOSURES (CONTINUED FROM JULY ). CHAIRMAN RUSSELL READ THE FOLLOWING PROPOSAL FOR CHANGING SECTION 639.47 OF THE PLANNING AND ZONING ORDINANCEi "SWIMMING POOLS MAY OCCUPY. REQUIRED REAR OR SIDE YARD SETBACK PROVIDED. THEY PLANNING C' ZONING BOARD REGULAR MEETING MINUTES AUGUST 13, 1986 PAGE 1 OF 4 0 • ,!,K NOT LOCATED CLOSER THAN FIVE FEET TO THE REAR LOT LINE OR ::IGH'P FEET TO AN INTERIOR LOT LINE. ENCLOSURES MAY ENCROACH INTO THE SETBACK (SEE SEC. 639,.21). A, WALK SPACE OF AT LEAST 18" WIDE. SHOULD HE PROVIDED BETWEEN POOL WALKS AND FENCES OR SCREEN ENCLOSURE WALKS." THE LAST'SENTENCE WOULD REMAIN UNCHANGED. THE PHRASE "SHIMMING POOL ENCLOSURES' WOULD NEED TO BE ADDED ON PAGE 57, SECTION 639.21, PARAGRAPH (1). DISCUSSION FOLLOWED ON THE PROPOSAL, MR. RANDELS WAS CONCERNED ABOUT. THE SENTENCE "A .WALK SPACE OF AT LEAST EIGHTEEN INCHES WIDE SHOULD BE PROVIDED BETWEEN POOL WALKS AND .FENCES OR ,SCREEN ENCLOSURE WALKS." ,HIS CONCERN WAS THAT THE POOL WALK COULD RE .FIVE FEET WIDE, FOR EXAMPLE, PUTTING THE ENCLOSURE RIGHT ON THE PROPERTY LINE. THE MEANING OF THE PHRASE 'FOOL WALK' WAS DISCUSSED. MR. GUNN VOLUNTEERED TO PREPARE A PROPOSAL FOR THE NEXT MEETING. NEW BUSINESS ITEM 1. R UEST'NO. 86-10 MODIFICATION TO OCEAN WOODS SITE p Ht ( XTE IO TO A UR T PR ADDITIONAL PARKIN0 AND I ) CHANGE IN RE IDENCTSP FR S NGL F LY N TO UPLEX. SE S' AGS E' THOMAS E ASOIN FOR OCEAN WOODS, INC. ATTORNEY, JOSEPH SCOTT, APPEARED TO REPRESENT OCEAN WOODS, INC. IN THIS MATTER. HE EXPLAINED .THAT A COURT CASE SEVERAL YEARS AGO DECIDED THAT THE BOARD OF ADJUSTMENT SHOULD BE THE ONLY BOARD EMPOWERED TO MODIFY THE PLAN OF DEVELOPMENT AT OCEAN WOODS. HOWEVER, CITY, ORDINANCE REQUIRES THAT ITEMS GOING TO THE BOARD OF ADJUSTMENTMUST FIRST BE REVIEWED BY THE PLANNING AND ZONING. BOARD. 'MR. SCOTT REQUESTED THAT THE PLANNING AND ZONING BOARD PASS THIS ITEM ON TO THE BOARD OF ADJUSTMENT. THE CITY ATTORNEY,, JIM THERIAC,EXCUSED 'HIMSELF SAYING HE HAD A CONFLICT OF; INTEREST. MR. SCOTT EXPLAINED. THAT THE COURT:DECISION REQUIRED A BUFFER ZONE ON THE SOOTS SIDE INSIDE THE PROPERTY LINE- 'THIS BUFFER ZONE WAS TO BE MAINTAINED IN ITS NATURAL STATE..: HOMEOWNERS LIVING ON SAY COURT WERE CONCERNED THAT THEY DID NOT HAVE ADEQUATE PARKING 00 THEIR STREET. THE DEVELOPER PAVED A PLANNING i ZONING BOARD REGULAR ME>:Pm MINUTES AUGUST 13, 1986 PACE 2 OF 4 ..BION OF THE BUFFER ZONE, WITHOUT OBTAINING A PERMIT., TO CREATE Y)PE PARKING, THE DEVELOPER WAS THEN CITED BY THE CODE INFORCE.MENT OFFICER. OCEAN WOODS,. INC. MUST OBTAIN A PERMIT, BUT THF CITY CANNOT GRANT THE, PERMIT UNLESS THE BOARD OF ADJUSTMENT APPROVES OF THE MODIFICATION. DISCUSSION FOLLOWED AS.TO WHETHER THE PLANNING AND ZONING BOARD SHOULD MAKE A, RECOMMENDATION ON THIS ITEM. MR. SCOTT STATED THAT HIS CLIENT WOULD HAVE NO PROBLEM WITH THEPLANNING Ati0 ZONING BOARD MAKING A RECOMMENDATION. BOARD MEMBERS DECIDED IT WAS NOT WITHIN THEIR PURVIEW TO MARE A RECOMMENDATION BUT DID NANT TO HEAR THE ITEM AND ASK QUESTIONS. MR. RANDELS SPOKE AGAINST THE MODIFICATION SAYING THAT, THE COURT-ORDERED NATURAL BUFFER WAS VIOLATED AND THAT THE CITY SHOULD NOT CONDONE THIS ACTION. MRS. FILKINS ALSO SPOKE. AGAINST 'IHE MODIFICATION. MR. RANDELS MOVED TO RECOMMEND DISAPPROVAL OF THIS MODIFICATION. MOTION DIED FOR LACK OF A SECOND. MR., SCOTT THEN PRESENTED REQUEST FOR MODIFICATION 2, .CHANGE IN RESIDENCE FROM SINGLE FAMILY UNIT TO A DUPLEX. HE EXPLAINED. THAT THERE WAS ONE EXTRA UNIT PERMITTED WHICH HAD NEVER BEEN BUILT. THUS, THE TOTAL NUMBER OF UNITS WOULD NOT EXCEED THE MAXIMUM ALLOWABLE. CURRENTLY, THE UNIT, IS BEING USED AS A DUPLEX AND MR. SCOTT CONCEDED. THAT A'WALL BETWEEN THE UNITS NEEDS To BE UPGRADED TO A FIRE WALL. - MR. RANDELS SPOKE IN FAVOR OF THE MODIFICATION SAYING THAT IT WAS IN KEEPING WITH THE DEVELOPMENT ON THAT STREET AND THAT THE PARKING WAS .ADEQUATE. NRS. FILKINS SPOKE AGAINST THE MODIFICATION., MR. THORN MOVED TO HEAR ITEM NEXT. MR. RANDELS SECONDED MOTION. NOTION PASSED UNANIMOUSLY. ITEM S. DISCUSBION'RESEREVIEW PROCEpURES OF BOARD OF THE BOARD MEMBERS DISCUSSED THE POSSIBILITY OF CHANGING THE PROCEDURES, NECESSARY FOR BOARD OF ADJUSTMENT CASES. A DISCUSSION WAS HELD REGARDING THB 14 DAY NOTICE REQUIREMENT AND WHETHER EACH.. SPECIAL EXCEPTION OR VARIANCE SHOULD. BE ;BROUGHT BEFORE THE. PLANNING AND ZONING BOARD. 3Ammr & MING BOARD RHaamm MEETING MINUTES UKUSP 13, 1986 PAGE 3 OF 4' 0 0 CHAIRMAN RUSSELL EXPLAINED THAT THE BOARD OF ADJUSTMENT HAD RECOMMENDED. NO CHANGE TO THE PRESENT, PROCEDURE. THE ,PLANNING. AND ZONING BOARD DECLINED TO RECOMMEND ANY CHANGE AT THIS TIME. ITEM 2. PRELIMINARY PLAT APPROVAL SEASHORE TOWNHOMES PHASE 11 UNITS LOTS - BLOCR VON-BY-TNE-SEA l ATEO. AT BLOCK YLOR AVE.) KARL ff._KAUFHOLD MR. GUNN ANNOUNCED THAT THESE PLAT DOCUMENTS HAD BEEN FULLY CORRECTED TO THE BEST OF NIS KNOWLEDGEI I.E. THERE WERE TWO ADDITIONAL UNITS IN THIS PROJECT AND NO PROBLEM WITH DENSITY. FOLLOWING DISCUSSION, MR. RANOELS MOVED TO APPROVE THE PRELIMINARY PLAT.. MR. FEEMAN SSCONDSD NOT MOTION PASSED UNANIMOUSLY. ITEM 31 SITE PLAN REVIEW SEASHORE TOWNHOMES PHASE II13 NITS LOT6 - SLOCR AVON-BY-TNE-SEA (LOCATED AT 400 BLOCK TAYLOR A E -)KARL H. KAUFHOLD THE BOARD REVIEWED THE SITE PLAN AND FOUND IT TO BE IN COMPLIANCE. MR. RANDELS MOVED TO APPROVE THE SITE .PLAN. MR. FEEHAN SECONDED MOTION. NOTION PASSED UNANIMOUSLY.' ITEM 4.. MR. GUNNASKED THEBOARD TO POSTPONE THIS IT UNTIL T E NEXT MEETING AT TNB RE VEST OP THE APPLI NT - THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 10:10 P.M. APPROVED THIS 774" DAY OF_ y;Qa f r 1956. A. � f 4TAI SE R TA FLANKING i ZONING BOARD ra IIAR MEETING MINUTES AXX= 13. 1956 .PAGE 4 OF 4 PLANNING AND ZONING BOARD REGULAR MEETING JULY 23, 1986 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON JULY 23, 1986 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LAMAR RUSSELL CALLED THE MEETING TO ORDER AT 7:30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENTN LAMAR RUSSELL CHAIRMAN ROCKY RANDELS VICE-CHAIRMAN CHRIS BECK RICHARD THURM ROCKNEY FEEMAN HELEN FILKINS SECOND ALTERNATE.. MEMBERS ABSENT! WILLIAM WINCHESTER FIRST ALTERNATE OTHERS PRESENTN JAMES TBERIAC CITY ATTORNEY ARTIS GUNN BUILDING' OFFICIAL JEFF KIDD CITY COUNCILMAN KATHY 'PFIRMAN 'SECRETARY THE SECRETARY NOTED THAT THE MINUTES OF JULY 9, 1986 NEEDED 'TO 8E CORRECTED. IN THAT MR., FEENAN WAS LISTED AS ABSENT. MR. RANDELS MOVED TO APPROVE THE MINUTES. OF JULY 9, 1986 AS CORRECTED. MR. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY... UNFINISHED BUSINESS. ITEM 1. REVIEW OF ORDINANCE ALLOWING ADULT ENTERTAINMENT T HM N BE LOCATED IN M-1 ZONING BY SPECIAL EXCEPTION AFTER A DISCUSSION, MR.., THURM MOVED TO RECOMMEND APPROVAL OF 'THIS PROPOSED ORDINANCE. 'MR. RANDELS SECOND90 MOTION. THE , BUILDING OFFICIAL ASKED IF THE BOARD MEMBERS UNDERSTOOD THE DEFINITION OF ADULT ENTERTAINMENT. BOARD MEMBERS ANSWERED IN THE AFFIRMATIVE. VOTE ON THE NOTION WAS UNANIMOUS. ITEM 2. DISCUSSION 'RB ANEWDINC SECTION 639.27. 8Y - RBGULA RG dE GAT OF FENCES WALLS AND dEDGES IN C L D I DUSTRIAL LO NT ED FROM BOARD. MEMBERS: DISCUSSED PLACING LIMITATIONS ON THE HEIGHT OF FENCES, WALLS AND HEDGES IN CONNERCIAL AND .INDUSTRIAL SONES. CURRENTLY, THERE ARE NO HEIGHT RESTRICTIONS WHATSOEVER. PLANNING i ZONING BOARD REGULAR MEETING MINUTES JULY 23, 1986 PAGE 1 OF 4 0 0 SEVERAL ALTERNATIVES WERE DISCUSSED. ONE OPTION WAS TO itES'PRICC THE HEIGHT TO A MAXIMUM OF SIX FEET, WITH THE TOP TWO FEET 50{ OPEN, AS PROVIDED FOR IN THE RESIDENTIAL AREAS., SOME BOARD MEMBERS FELT THAT THE MAXIMUM HEIGHT SHOULD BE EIGHT FEET BECAUSE OF. THE VARIOUS ACTIVITIES IN C-1 AND M-1. MR. KIDD, CITY COUNCILMAN, ASKED THAT THE BOARD CONSIDER INCREASING THE MAXIMUM HEIGHT IN RESIDENTIAL AREAS. FOLLOWING DISCUSSION, MR. RANDELS'. MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING'.. MR. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 3. DISCUSSION RE1 SETBACK REGULATIONS FOR POOL ENCLOSURES (CONTINUED PROM J LY THE BOARD DISCUSSED CHANGING THE SETBACK REQUIREMENTS FOR POOL ENCLOSURES. FOLLOWING DISCUSSION, CHAIRMAN RUSSELL. PROPOSED THE FOLLOWING CHANGE TO SECTION. 639.471 "SWIMMING POOLS OPEN AND UNENCLOSED MAY OCCUPY REQUIRED REAR OR SIDE YARD PROVIDED THEY ARE NOT CLOSER THAN ,SEVEN FEET TO THE REAR. LOT LINE OR TEN FEET N) THE INTERIOR SIDE LINE. SWIMMING POOLS COVERED BY A'SCREEN ENCLOSURE MAY OCCUPY REQUIRED REAR OR, SIDE YARD, PROVIDED THE ENCLOSURE IS NOT .CLOSER THAN FIVE FEET. TO THE REAR LOT LINE OR. EIGHT FEET TO ANY INTERIOR SIDE LOT LINE. A WALK SPACE AT LEAST 'PWO FEET WIDE WILL BE PROVIDED BETWEEN THE SCREEN ENCLOSURE AND THE WATER'S EDGE. A SWIMMING POOL MUST MEET THE, SOUTHERN BUILDING CODE." MR. GUNN ASKED THAT THE PROPOSAL BE CHANGED TO PROVIDE FOR EASIER ENFORCEMENT.. HE SUGGEST ED .THAT TUB ENCLOSURE BE ADDRESSED IN SECTION 639.21, SETBACK ENCROACHMENTS.; CHAIRMAN RUSSELL VOLUNTEERED TO PREPARE A PROPOSAL FOR THE NEXT .MEETING.. NEN BUSINESS ITEM 1. UEST NO. 86-9 SPECIAL EXCEPTION TO ALLOW' C ON—PRBMISB ONSUMPTION FBBER AND W B AC -1 LO B AND V N -B -TdE—SEA .SECT O :RGE E L D AT T PUB TLANT C AV NUE) PETITIONER IS MARY ' C_ A X POR�W L AM GOL e_JR., THE CITY ATTORNEY OFFERED THE OPINION THAT THE CITY WAS COMPELLED TO ISSUE ALICENSE. TO, THIS BUSINESS BECAUSE' A SPECIAL EXCEPTION STAYS WITH THE PROPERTY, NOT TUB PROPERTY OWNER.MR. THERIAC ALSO ASKED THAT SUBPARAGRAPH D ON PAGE 72 OF THE ORDINANCE BE DELETED AS IT RUNS AFOUL OF THE LAW., PILING i ZONING BSW PAGE 2 OF 3 JULY 23, 1986 MINLrFS 0 0 MR. RANDELS MOVED TO TABLE REQUEST NO. 86-9. MR. THURM FH::ONDED MOTION. MOTION PASSED UNANIMOUSLY. MR. THURM .MOVED TO. ENTERTAIN AN ADD-ON ITEM REGARDING SUBPARAGRAPH D ON PAGE 72. MR.. FEEMAN SECONDED, MOTION.. MOTION PASSED UNANIMOUSLY., ADD -SON ITEMi. MOTION REs AMENDING SECTION 641.01 BY PEA UBP H ,' PAGE 72 MR.FEEMAN MOVED TO 'DELETE SUBPARAGRAPH D ON PAGE 72. MR. RANDELS SECONDED'. MOTION. NOTION PASSED UNANIMOUSLY.. ITEM 2. 'SITE PLAN REVIEW BERMUDA HOUSE PHASE II. BUILDING B SIX Uta T t 'BLOCK CAPE CA L 51 A STNAD R H GARDEN UNIT 2. ALEKANDBR H BOBINSKI POR ROBERT WILSON,_OWNER 'MR. GUNK EXPLAINED THAT THE BOARD HAD PREVIOUSLY APPROVED PHIS SITE PLAN BUT THE APPROVAL ,HAS NOW EXPIRED., FOLLOWING REVIEW, MR. RANDELS MOVED TO,APPROVE THE SITE, PLAN, MS. BECK. SECONDED MOTION. NOTION PASSED UNANIMOUSLY. ITEM 3. PINAL PLAT APPROVAL BROWN'S 6UHOIVISION SILOT 5 ' BLOCK VON -BY- NE -SEA, _ AND WAH NGTpN ' AVE B JO R. BROWN FOLLOWING REVIEW, MR. THURM MOVED TO APPROVE THE FINAL PLAT. MR. RANDELS. SECONDED NOTION.. NOTION PASSED UNANIMOUSLY.. ITEM 4. PRELIMINARY PLAT APPROVAL (MODIFICATION) -SEASHORE WNHOME PHASE II H K AVON-BY-THE-SEA2 TOTAYLOR AYENUS) KARL H. KAUFHOLD _ MR. GUNN STATED THAT THERE WERE PROBLEMS WITH THE PLATt (1) THE UTILITIES WERE NOT LOCATED WITHIN AN BASEMENT, AND ,(2),':IF THE CITY FOUND IT NECESSARY TO DISCONTINUE. SEWER. SERVICE FOR ONE UNIT,IT WOULD BE NECESSARY TO CUTTHS SEWER LINE FOR THE ENTIRE BUILDING. MR. RANDELS MOVED TD DISAPPROVE THE PRELIMINARY PLAT. MR. THORN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM. 5. DISCUSSION REt SECTION63921 SETBACK' ENCROACHMENTS, CONCERN .SPLAcmtswr OP STREETS D —PARKING SPAC TNI A REQUIRED YARD SETBACK MR. GUNN SPOKE 'IN FAVOR OF ALLOWING PARKING IN THE. SETBACK, FOR CERTAIN PROJECTS, PARTICULARLY THE OLDER PROJECTS IN THE AVON -BY -TRE -SEA AREA, WHICH CURRENTLY HAVE NO PARKING AVAILABLE. THE BOARD DISCUSSED THIS, IDEA AT LENGTH. ',.THS CONSENSUS OF THE BOARD. MEMBERS WAS THAT IF ONE, DEVELOPER WAS ALLOWED TOPROVIDE PARKING IN THE SETBACK, THEN ALL DEVELOPERS WOULD ALSO. CLAIM THE RIGHT TO DO LIKEWISE. PLANNING i ZONING BOARD JULY 23, 1986 MINUPES rAGI 3 OP 4 0 0 MR. GUNN ALSO APPRISED THE BOARD OF THE PARKING SITUATION AT THE VILLAGES OF SEAPORT. THE SITE PLAN, WHICH THE BOARD APPROVED IN ERROR, PROVIDES FOR, PARKING IN THE SIDE SETBACK. MR. GUNN HAS ASKED VILLAGES OF SEAPORT TO REDESIGN THE SITE PLAN SO THAT PARKING IS REMOVED FROM THE &. SETBACK,... THERE BEING NO FURTHER BUSINESS,.14ECTING WAS. ADJOURNED AT 10:27 P.M. ,APPROVED THIS �13t DAY OP a vS� , 1986. CHAIRMANA , FYII/YI/l ../C IT�J.1\ S ECHET" v PLANNING I. LQNING SC1m '.. REGULAR MEETING. MDV= JULY. 23, 1986 PAGE 4 OF 4 • PLANNING AND ZONING ROAR REGULAR MEETING JULY 9, 1986 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD, ON JULY 9, 1986 AT CITY HALL, 105 POLK AVENUE, CAPE. CANAVERAL, FLORIDA. CHAIRMAN. LAMAR RUSSELL CALLED THE MEETING TO ORDER AT 700 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENTS LAMAR RUSSELL CHAIRMAN ,ROCKY RANDELS VICE CHAIRMAN CHRIS- BECK- RICHARD THURM WILLIAMWINCHESTER:`" .' FIRST ALTERNATE HELEN FILKINS SECOND ALTERNATE MEMBERABSENTi ROCKNEY FEEMAN ALSO PRESENTI JIM THERIAC CITY ATTORNEY ARTIS GUNN BUILDING OFFICIAL KATHY PFIRMAN .SECRETARY MR. RANDELS MOVED TO APPROVE THE MINUTES OF JUNE 25, 1986. MR. THURM SECONDED :MOTION. rNOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS 'ITEM 1. REQUEST NO.'86-8 BPECIAL EXCEPTION TO ALLOW CONSTRUCTION -0FA AZARDOUS WASTE MATERIAL STORAGE AREA. SEC. 15, TWP 2�S, 'RGE 37E, PARCEL 768 (LOCATED AT 8600ASTRONAUT.BLVD.1 .PETITIONER IS RONALD'S. TULINO FOR ROCKWELL -' INTERNATIONAL MR. ROBERT PIERCE OF THE CAPE CANAVERAL. VOLUNTEER FIRE DEPARTMENT VOICED HIS CONCERN THAT THE VARIOUS CHEMICALS STORED COULD MIX. IN A FIRE SITUATION AND CREATE A'HAZARD FOR FIREFIGHTERS. HE ASKED THAT THE BOARD. TAKE MORE TIME TO STUDY THIS .FACILITY. MR. RANDELS MOVED TO RECOMMEND APPROVAL OF REQUEST NO. 86-8 CONTINGENT UPON THE BUILDING OFFICIAL, FIRE INSPECTOR AND CCVFD RESOLVING THE SAFETY ISSUES BASED' ON. ACCEPTABLE. PRACTICES, PRIOR TO PRESENTATION TO THE BOARD OF ADJUSTMENT. MR. THORN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 2. DISCUSSION REi AMENDING SEC. 635.05 OF THE ZONING ORDINANCE REGARDING SETBACK AREA POSTPONED 6-25-86 THE BOARD DISCUSSED THE CHANGE PROPOSED BY MR. GUNN TO: MAKE SECTION 635.05 MORE READABLE AND UNDERSTANDABLE. THE TITLE OF THIS SECTION WOULD BE CHANGED. TO "DUPLICATE USE OF PLANNING f ZONING BOARD REGULAR MEETING JULY 9, 1986 PAGE 1.. OF 3 0 0 SCTRACKS, OPEN SPACES, PARKING SPACES, ETC.". MR. TIIURM MOVED TO RECOMMEND. APPROVAL OF THIS AMENDMENT. MR. RANDELS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1. DISCUSSION RE: ADULT ENTERTAINMENT ESTABLISHMENT 'REGULATIONS MR. THERIAC EXPLAINED THAT THIS ORDINANCE WAS NECESSARY TO REGULATE THE AREAS IN WHICH ADULT ENTERTAINMENT WOULD BE ALLOWED. MR. GUNN ILLUSTRATED ON A.ZONING .MAP, THE LIMITED; AREAS IN WHICH THESE TYPE OF BUSINESSES WOULD BE ALLOWED TO OPERATE. MR. THERIAC FURTHER EXPLAINED THAT. THE SUPREME COURT HAD RULED THAT CITIES MUST PROVIDE AN AREA WHERE ADULT ENTERTAINMENT BUSINESSES MAY SE ESTABLISHED., AFTER A DISCUSSION, MR. THURM MOVED TO RECOMMEND APPROVAL OF THE AMENDMENT. MS.BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 2. DISCUSSION RE%AMENDING SECTION 639.27 BY REGULATING HEIGHT OF FENCES, WALLS AND HEDGES IN COMMERCIAL AND INDUSTRIAL ZONES THE BOARD DISCUSSED PLACING ARESTRICTION ON THE HEIGHT OF FENCES, WALLS AND HEDGES IN COMMERCIAL AND INDUSTRIAL ZONES. MR. GUNN WAS, ASKED TO BRING A PROPOSAL TO THE, NEXT MEETING. THIS ITEM WILL BE CONTINUED AT THAT TIME. ITEM 3. DISCUSSION REt SETBACK REGULATIONS FOR POOL ENCLOSURES THE BOARD DISCUSSED THE FACT. THAT A POOL ENCLOSURE REQUIRES A TEN 'FOOT SETBACK, WHILE A WALL OR PER14ANENT STRUCTURE, REQUIRES ONLY AN EIGHT FOOT SETBACK, MR. RUSSELL VOLUNTEERED TO BRING A PROPOSAL TO. THE NEXT MEETING. THIS CONCLUDED THE REGULAR ITEMS OF THE MEETING. :CHAIRMAN RUSSELL ASKED THAT THE BOARD MEMBERS REVIEW SECTIONS OF THE ORDINANCE CONCERNING ALCOHOLIC BEVERAGE LICENSING FOR THE NEXT MEETING, AT THAT TIME, THE BOARD MUST CONSIDER A SPECIAL EXCEPTION FOR THAT PURPOSE- ' PLANNING.6 ZONING BOARD REGULAR MEETING JULY 9. 1986 PAGE 2 OF 3 0 0 0 • PLANNING AND ZONING BOARD REGULAR MEETING JUNE 25, 1986 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON JUNE 25, 1986 AT 'CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. MR.:RICHARD THURM WAS NAMED ACTING CHAIRMAN AS THE CHAIRMAN AND VICE CHAIRMAN WERE NOT IN' ATTENDANCE. CHAIRMAN THURM CALLED THE MEETING TO ORDER AT 7:30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENTt RICHARDTHURM CHRIS BECK ROCKNEY. FEEMAN FIRST ALTERNATE WILLIAM WINCHESTER SECOND;ALTERNATE HELEN FILKINS MEMBERS ABSENT$ LAW .RUSSELL CHAIRMAN ROCKY RAND,ELS VICE-CHAIRMAN OTHERS PRESENTt JAMES THERIAC CITY ATTORNEY ARTIE GUNN BUILDING OFFICIAL KATHY PFIRMAN _ SECRETARY MRS.' FILKINS MOVED TO'APPROVE 'THE MINUTES OF JUNE 11, 1986 WITH. AN AMENDMENT OF ,THE THIRD SENTENCE IN ITEM 3: DISCUSSION REtVILLAGES of SEAPORT SHOULD. BE DELETED AND REPLACED WITH THE FOLLOWINGt "MRS. FILKINS FELT THAT BY NOT NOTIFYING THE DEVELOPER AT THE TIME OF ERECTION OF THE WALL OVER A YEAR AGO, THE CITY IMPLIEDTACIT APPROVAL OF THE WALL,' MR. WINCHESTER SECONDED MOTION. MOTION PASSED'UNANIMOUSLY. MINUTES WERE APPROVED AS AMENDED. .MRS. FILKINS MOVED TO CONSIDER NEW BUSINESS PRIOR TO THE UNFINISHED BUSINESS ON THE AGENDA. MR.; FEEMAN SECONDED, MOTION. 140TIoN PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1. RE VEST NO. 86-6 SPECIAL EXCEPTION TO ALL% THB CONSTRUCTION OF GUARD S LIVING QUARTERS ON THE 2ND FLOOR OF CAP£ STORAGE BLOCK 9. LOTS 2�AND 3CANAVE BEACH GARDENS (LOC7tTEDAT 10 E CENTRAL P£TITIONEA ISA BUD BURNS. OWNER PLANNING i ZONING BOARD REGULAR MEETING ,JUNE 25, 1986 PAGE 1 OF 4 9 0 MR. BURNS EXPLAINED THAT HE WISHED TO CONSTRUCT A LIVING AREA SUITABLE FOR A GUARD TO PROVIDE SECURITY FOR HIS STORAGE UNITS ON CENTRAL AVENUE. BOARD MEMBERS WERE CONCERNED THAT SOMETIME IN THE FUTURE, IF MR. BURNS SOLD THE PROPERTY, THIS GUARD'S QUARTERS WOULD BE SUBDIVIDED AS RENTAL UNITS. THE BUILDING OFFICIAL EXPLAINED THAT THE BOARD COULD PLACE RESTRICTIONS ON THE. SIZE OF_ITHE QUARTERS TO LESSEN: THE LIKELIHOOD OF THIS POSSIBILITY. MRS. FILKINS MOVED TO APPROVE THE SPECIAL EXCEPTION CONTINGENT UPON A MAXIMUM OF 1300 SQUARE FEET OF LIVING AREA WITH NO MORE THAN TWO BEDROOMS AND ONEBATHROOM. MR. FEEMAN SECONDED MOTION. VOTE ON THE MOTION WAS AS'FOLLOWS: IN FAVOR, MS. BECK,'. MR. FEEMAN, MS. FILKINS AND MR, THURMI OPPOSED, MR. WINCHESTER.. MOTION. CARRIED. ITEM 2. REQUEST NO. 86-7 VARIANCE TO CONSTRUCT POOL ENCLOSURE 'WITHIN REQUIRED SETBACK, SEC. 23, TWP 2{S, RGE37E,BLOCK 35, LOTS 1 AND 2, AVON -BY -THE -SEA (LOCATED AT 507 JACKSON AVENUE PETITIONER IS KYLE E. DE LUNG FOR TERRY .COX, OWNER MR. DE LUNG EXPLAINED THAT THE INTENDED PURCHASER OF THIS PROPERTY WISHED TO ERECT A SCREEN AROUND THE POOL WHICH WOULD. ENCROACH ON THE SETBACK BY ONE AND ONE-HALF FEET. HE NOTED THAT THE SETBACK FOR A PERMANENT STRUCTURE IS ONLY 8 FEET, .BUT THE SETBACKFOR A POOL ENCLOSURE IS 10 FEET.' THE BOARD DISCUSSED THIS PARADOX IN THE ORDINANCE AND DECIDED TO AGENDA AN ITEM FOR THE NEXT MEETING TO DISCUSS A POSSIBLE CHANGE,FOR THIS PARTICULAR VARIANCE REQUEST, BOARD MEMBERS FELT .THAT THIS WAS A SELF-IMPOSED HARDSHIP. BUILDING OFFICIAL GUNN STATED THAT THE POOL COULD HAVE BEEN PLACED IN 'SUCH A WAY.SO AS TO ALLOW FOR SCREENING WITH A IO POOT SETBACK. MS. BECK MOVED TO RECOMMEND DENIAL OF THE VARIANCE.. MR, FEEMAN SECONDED MOTION.. VOTE ON THE MOTION WAS. AS FOLLOWS:' IN FAVOR, MS. BECK, MR. FEEMAN, MR. THUR14 AND MR. WINCHESTER.. OPPOSED, MS. FILKINS. MOTION CARRIED,. PLANNING LZONING BOARD REGULAR MEETING .JUNE 25, 1986 PAGE 2 OF 4 • ITEM 3. PRELIMINARY PLAT APPROVAL, BROWN'S SUBDIVISION LOT 5, BLOCK 3, AVON -BY -THE -SEA (313 AND 315 WASHINGTON AVENUE) - JOEL E. BROWN BUILDING OFFICIAL GUNN EXPLAINED THAT THIS .PROJECT WAS ORIGINAL'.Y BUILT AS A DUPLEX. AND CURRENTLY HAS NO UTILITY EASEMENT AS REQUIRED. MRS. FILKINS MOVED TO, RECOMMEND APPROVAL CONTINGENT ON THE APPLICANT MODIFYING THE PLATTING DOCUMENTS AND PROTECTIVE COVENANTS TO REFLECT A IO FOOT. UTILITY EASEMENT. FOR HOUSING BOTH THE WATER AND THE ELECTRICAL SERVICES. MRS'. FILKINS MOVED TO CONSIDEREA SPECIAL EXCEPTION REQUEST FROM ROCKWELL AS, AN ADD-ON ITEM. MR. FEE14AN SECONDED MOTION. MOTION PASSEDUNANIMOUSLY. ADD-ON-ITEMSREOUESTNO. 86-8 SPECIAL EXCEPTION TO ALLOW CONSTRUCTION OF A HAZARDOUS WASTE ,MATERIAL STORAGE AREA SECTION , TOWNSHIP S RANGE E PARCEL 68 LOCATEDAT 8600 ASTRONAUT BOULEVARD) PETITIONER. IS RONALD TULINO FOR ROCKWELL INTERNATIONAL MR. TULINO PRESENTED A LIST OF THE TYPES AND APPROXIMATE QUANTITIES OF MATERIALS TO BE STORED IN THIS FACILITY. HE EXPLAINED THAT MANY OF. THESE ITEMS ARE KEPT IN STOCK AT LOCAL. GAS STATIONS. THE BOARD, CONSIDERED THE TYPES OF CHEMICALS TO BE STORED AND THE SIZE OF THE FACILITY, ESPECIALLY AS REGARDS FIRE SAFETY. FOLLOWING. CONSIDERATION, MRS. PILKINS MOVED TO. APPROVE THE SPECIAL. EXCEPTION TO CONSTRUCT A BUILDING 13 .FEET BY 20 FEET, WITH A FENCE 28 FEET by 21 FEET, ,LOCATED 30 FEET FROM THE PROPERTY LINE, 50 FEET TO THE NEAREST PARKING, WITH STORAGE NOT TO EXCEED 500 GALLONS. MR, WINCHESTER SECONDED 'MOTION. THE CITY ATTORNEY POINTED OUT THAT THIS BEQUEST WAS NOT SUBMITTED 14 DAYS PRIOR TO THE MEETING AS REQUIRED BY SECTION 645.21(B). IN ORDER TO COMPLY WITH THIS REQUIREMENT, MR. THURM MOVED. TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING. PLANNING i ZONING ,BOARD . REGULAR MEETING JUNE 25, 1986 PAGE 3 OF 4 }:S. BECK SECONDED MOTION.. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, MS. BECK, MR.. FEEMAN, MR. THURM AND MR. WINCHESTERI OPPOSED, MS. FILKINS. , MOTION CARRIED. TION 635.05 ITEM 4. ONINGSOADINANCE REGARDINGCSETBAN —AR- MR. R- P MR. FEEMAN MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING, HRS. FILKINS SECONDED MOTION, MOTION CARRIED UNANIMOUSLY. ITEM 5. pISCUSBION REt 'SETTING DATE FOR'LPA MEETING TO ADOPT PROPOSED REVISIONS TO COMPREHENSIVE PLAN THE LPAMEETING WAS SET.FOR JULY 16, 1986. UNFINISHED BUSINESS ITEM 1. DISCUSSION REI VILLAGES OF SEAPORT HR. GUNN REPORTED, THAT VILLAGESr OF SEAPORT. WOULD BE PRESENTING 'A New SITE PLAN REFLECTING A CHANGE THAT THE, BOARD PREVIEWED AT AN EARLIER DATE. IN ADDITION, HE SUGGESTED THAT THE VILLAGES OF SEAPORT. BE REQUIRED To BUILD A PORTION SOF. RIDGEWOOD AVENUE TO CITY SPECIFICATIONS AT THEIR OWN EXPENSE. THIS WOULD RELIEVE THE CITY OF LIABILITY FOR. THE ESCROW A CCOUNT AND THE REVERTER CLAUSE, THE BOARD ALSO DISCUSSED THE WALL AND. DECIDED THAT THERE WAS NOTHING TO:BE DONEABOUT IT THAT WOULD BE FAIR, AND EQUITABLE. ITEM 2. DISCUSSION -JR -Ed: COMMUNITY PARKING BUILDING OFFICIAL. GUNN SUGGESTED THAT SOME OF THE PROBLEMS EXPERIENCED MAY NOT FALL UNDER THE JURISDICTION Of THE ZONING ,BOARD AND THAT OTHER AVENUES ARE AVAILABLE TO ALLEVIATE' THESE PROBLEMS. ITHE BOARD FELT THAT A. PARKING STANDARD FOR THE ENTIRE CITY WOULD BE DIFFICULT TO. APPLY EQUITABLY, GIVEN THE VARIOUS SITUATIONS' ENCOUNTERED IN THE DIFFERENT NEIGHBORHOODS. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9950 P.M.- APPROVED THISOF JUiLK , 1986. '�l'J �.inlc22 7ltc;.itt, { Cha rman l PLANNING i ZONING BOARD S cre� *Y REGULAR MEETING JUNE 25, 1986 PAGE 4 O 4 0 0 PLANNING AND ZONING BOARD REGULAR MEETING JUNE 11, 1986 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD oN JUNE 11, 1986 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LAMAR RUSSELL CALLED THE MEETING TO ORDER AT It 30 P.M. THE SECRETARY CALLED THE NOLL. MEMBERS PRESENTt '. LAMAR RUSSELL CHAIRMAN ROCKY RANDELS ,VICE-CHAIRMAN CHRIS BECK ROCKNEY FEEMAN WILLIAM WINCHESTER FIRST ALTERNATE HELEN FILKINS SECOND ALTERNATE MEMBERS ABSENTS RICHARD THURM'. OTHERS PRESENTS- JAMESTHERIAC CITY ATTORNEY ANTIS GUNN BUILDING :OFFICIAL JEFFREY ECKLEY CODE ENFORCEMENT OFFICER KATHY PFIRMAN SECRETARY MR. PEEMAN MOVED TO APPROVE THE MINUTES OF MAY 28, 1986. MR.. RANDELS. SECONDED MOTION. MOTION,. PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. 'SITE PLAN APPROVAL OCEAN BLUFF CONpOMINIVN LOT 8 THROU H BLOCK AVON -BY -THE -SEA .(OCEAN FRONT B E NARR ON A O ___ ENUE ) - A LE E NEE N P R JAY K POSTPONED 5 28 no 'THE BUILDING OFFICIAL EXPLAINED THAT THE SITE PLAN APPROVAL SHOULD Be CONTINGENT UPON RECEIPT OF THE EASEMENT INDENTURE AND THE LOWERING. OF THE .FENCE BY ONE. FOOT. THE BOARD CHECKED THE SITE PLAN, FOR PROPER SETBACKS, PARKING AND. OTHER REQUIREMENTS. FINDING NOTHING AXISSo MR. FEEMAN.MOVED'TO, RECOMMEND APPROVAL OF THE SITE PLAN WITH THE AFOREMENTIONED CONTINGENCIES. MS. BECK SECONDED NOTION. MRS. FILKINS ASKED IF THE PROPOSED BUILDING IS LOCATED EAST OF THE CONSTRUCTION LINE UNDER CONSIDERATION BY THE LEGISLATURE. MR. ALLEN, OF ALLEN ENGINEERING,. RESPONDED IN THE AFFIRMATIVE. MRS. .FILKINS ASKED THAT THE RECORD REFLECT THAT THE CITY ASSUMES NO LIABILITY SHOULD THE PROPOSED PROJECT BECOME ADVERSELY. AFFECTED BY COASTAL EROSION. MOTION TO APPROVE THE SITE, PLAN PASSED UNANIMOUSLY., P L Z REGULAR lEEPDiG JUNE 11, 1986 '.. PAGE OF 3 0 0 ITEM 2. REVIEW OF ORDINANCE ALLOWING PUBLIC UTILITY EQUIPMENT TO BE PLACED IN THE RIGHTS OF WAY IN ALL ZONING CLASSIFICATIONS. THE BOARD REVIEWED THE PROPOSED AMENDMENTWHICH HAD BEEN oISCUSSED AT PRIOR MEETINGS. MR. RANDELS MOVED TO RECOMMEND APPROVAL TO CITY COUNCIL. MR. FEEMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINES6 ITEM 1. PRELIMINARY PLAT APPROVAL, JEFFERSON TOWNHOMES 4 UNITS LOTS AND BLOCK AVON -BY -THE -SEA ( 0 BNFFER N AVENUE - T.H. QUINN PDR Q i W CON. FOLLOWING REVIEW OF. THE PLAT, MR. RANDELS. MOVED TO, RECOMMEND APPROVi.L OF .THE PRELIMINARY PLAT, MR. WINCHESTER SECONDED MOTION. MOTION PASSED UNANIMOUSLY'. ITEM 2.. SIT B PLAN APPROVAL JEFFERSON TOWNHOMEB 4 UNITS L E i BLOCK S AVON -BY -THE -SEA 100 BLOCK JEFFERSON AVENUE) - T H 9 i CONSTRUCTION. THE BOARD REVIEWED THE SITE PLAN.: MR. RANDELS EXPRESSED CONCERN THAT THE PARKING WAS LOCATED IN THE SETBACK. HE REFERRED. TO SECTION 635.05 OF THE ZONING ORDINANCE. BOARD MEMBERS. REVIEWED THIS SECTION AND FOUND IT INCOMPREHENSIBLE. -.THIS WILL BE DISCUSSED AT THE NEXT MEETING. CHAIRMAN RUSSELL POINTED OUT THAT SECTION 639.21, PARAGRAPH G. ALLOWS PARKING IN THE SETBACK FOR ONE AND TWO FAMILY DWELLINGS.. FOLLOWING DISCUSSION. MR. FEEMAN MOVED TO APPROVE THE SITE PLAN. MR. RANDELS SECONDED MOTION.. NOTION PASSED UNANIMOUSLY. ITEM 3. DISCUSSION RE: VILLAGES OF SEAPORT THE BOARD DISCUSSED THE CONTINGENCIES OF THE VILLAGES. OF SEAPORT SITE PLAN APPROVAL.' CHAIRMAN RUSSELL POINTED OUT THAT. THE FIRST CONTINGENCY REQUIRED THAT,A SIX FOOT MASONRY WALL ;BE. ERECTED. THE DEVELOPER HAS ERECTED AFOUR FOOT MASONRY WALL WITH .TWO FEET OF DECORATIVE WOOD. BOARD MEMBERS WERE CONCERNED THAT THE WOOD MIGHT DETERIORATE. *MRS.FILKINS EXPRESSED THE OPINION THAT IT MIGHT BE INEQUITABLE TO FORCE THE DEVELOPER TO ERECT A NEW WALL SINCE THE EXISTING WALL HAS BEEN IW PLACE FOR OVER A YEAR BECAUSE THIS IMPLIES TACIT APPROVAL BY THE CITY. IN. P i Z ROGULAR MEETING • AMENDED ON JUNE 25, 1986 MINUTES JUNE 11, 1986 PAGE 2 OF 3 0 -)DITION, WHEN VILLAGES OF SEAPORT WAS DENIED A VARIANCE. TO BUILD PLANNING AND ZONING BOARD REGULAR MEETING MAY 28, 1986 A REGULAR MEETING OF THE. PLANNING AND ZONING BOARD WAS HELD. ON MAY 28, 1986 AT CITY HALL, 105 POLK AVENUE,, CAPE CANAVERAL, I'LORIDA. CHAIRMAN LAMAR RUSSELL CALLED THE MEETING TO ORDER AT 7:30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENTt. LAMAR RUSSELL CHAIRMAN ROCKY RANDELS VICE CHAIRMAN RICHARD THURM WILLIAM WINCHESTER FIRST. ALTERNATE < HELEN FILKINS SECOND ALTERNATE MEMBERS ASSENTS CHRIS BECK ROCKNEY FEEMAN OTHERS PRESENTt JAMES. THERIAC, CITY ATTORNEY ,JEFF ECKLEY. CODE ENFORCEMENT.. OFFICER PATRICK LEE MAYOR JEFF KIDD CITY COUNCILMAN KATHY PFIRMAN SECRETARY 'MR. RANDELS MOVED TO APPROVE THE MINUTES OF MAY. 11,' 1986. MR. WINCHESTER SECONDED MOTION. MOTION .PASSED UNANIMOUSLY. NEW BUSINESS. ITEM 1. REVEST NO. 86-5 SPECIAL EXCEPTION TO ALLOW COST RY USES' INCIDENTAL TO SHIP REPAIR BUSINESS IN AN M- !ONE (NOT .SPECIFICALLY ADDRESSED IN EON NG. ORDINANCE SECTION 5 TSP 437E, PARCEL 0. (LOCATED AT 570B COMMERCE ST PET) PETITIONER IS KURT E. RONSTROM, OWNER MR. STONE, ATTORNEY FOR MR. RONSTROM, APPEARED BEFORE THE BOARD AND EXPLAINEDTHAT KMD SHIP REPAIR WAS SEEKING TO'ZSTABLISH A REPAIR SHOP LOCATED AT 8708 COMMERCE. STREET.. MR. STONE PRESENTED PICTURES OF. THE SURROUNDING BUSINESSES ON AND AROUND COMMERCE STREET AND ALSO PICTURES OF KMD'S REPAIR SHOP IN FORT LAUDERDALE. BOARD' MEMBERS WANTED TO KNOW EXACTLY WHAT TYPE. OF REPAIRS WOULD BE DONE, MR. RONSTROM EXPLAINED THAT LOW PRESSURE SANOBLASTING,'WELDING, ELECTRICAL' WORK AND CLEANING WOULD 'BE., PERFORMED. MAYOR. LEE STATED THAT MR. RONSTROM WAS CURRENTLY RENTING SPACE FROM HIM AND THAT THE OPERATION. WAS:A CLEAN, REASONABLY QUIET ONE PLANNING i. ZONING BOARD REGULAR MEETING MAY 28, 1986 PAGE 1 OF 2 0 a SHOULD CAUSE NO PROBLEMS IN THE CITY. FOLLOWING DISCUSSION. I'.h. RANDELS MOVED TO RECOMMEND APPROVAL OF THE SPECIAL EXCEPTION TO THE BOARD OF ADJUSTMENT. MRS. FILKINS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. . ITEM 2. SITE PLAN APPR VAL OCEAN BLUFF CONDOMINIUM. LOTS 8 3 BLOCK 80 AVON—BY-THE—SEA OCEAN FRONT BETWEEN MAR RISON AND TYLER AVENUES ALLEN ENGINEERING FOR JAY COOK MR. ECKLEY EXPLAINED THAT. COMMENTS FROM BRILEY, WILD AND, ASSOCIATES HAD JUST BEEN RECEIVED AND APPLICANT HAD NOT HAD A ('HANCE TO RESPOND TO THESE COMMENTS. FOR THIS REASON, APPLICANT DESIRED A CONTINUANCE UNTIL .THE NEXT MEETING. ITEM 3. DISCUSSION RE's AMENDMENT TO SECTIONS 637.51 AND 638.07SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD. OF ADJUSTMENT - PUBLIC UTILITY EQUIPMENT THE BOARD DISCUSSED ALLOWING PUBLIC UTILITY :EQUIPMENT IN THE' SETBACK. BY SPECIAL EXCEPTION. CURRENTLY, THIS IS A. PROVISION IN ZONING DISTRICTS R-2:AND 9-3.THE BOARD ASKED THE CITY ATTORNEY TO DRAFT AN ORDINANCE MAKING THIS PROVISION UNIFORM FOR ALL ZONING CLASSIFICATIONS. ' AT THIS TIME, THE BOARD ENTERED INTO AN INFORMAL DISCUSSION - CHAIRMAN RUSSELL ASKED. THAT AN :ITEM BE PLACED ON THE NEXT MEETING'S AGENDA REGARDING A REVIEW OF THE VILLAGES OF SEAPORT. MRS. FILKINS EXPRESSED HER CONCERN REGARDING THE PARKING OF VEHICLES. DISCUSSIONFOLLOWED. AGENDA AN ITEM FOR THE NEXT MEETING REGARDING COMMUNITY PARKING.. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9:10 P.M. _ APPROVED THIS__lIDAY OF 4L)1q I. , 1986. Se {et •y ' PLANNING : ZONING BOARD '. REGULAR MEETING MAY 28, 1986 PAGE 2. OF 2 0 0 PLANNING AND ZONING BOARD. REGULAR MEETING MAY 14, 1986 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON MAY 14, 1986 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL,. FLORIDA. CHAIRMAN LAMAR RUSSELL CALLED THE MEETING TO ORDER AT 7130 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT: LAMAR RUSSELL. CHAIRMAN ROCKY RANDELS VICE-CHAIRMAN CHRIS BECK ROCKNEY FEE14AN HELEN PILKINS SECOND ALTERNATE MEMBERS ABSENT:.! RICHARD THURN WILLIAM. WINCHESTER FIRST. ALTERNATE .OTHERS PRESENT: MICHAEL MARCHETTI CITY COUNCILMAN JEFFREY ECKLEY.. CODE ENFORCEMENT OFFICER KATHY PPIRMAN SECRETARY MR:. PEEMAN MOVED. TO APPROVE THE MINUTES OF. APRIL 23, 1986. MR. RANDELS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. EAST -WEST CONNECTOR IN NORTHERN PORTION OF CITY MR. NEWMAN WAS PRESENT TO DISCUSS THE POSSIBILITY OF DEDICATING PORTIONS OF HIS PROPERTY TO THE: CITY FOR CONSTRUCTION OF A CONNECTOR.ROAD PROM RIDGEWOOD TO NORTH ATLANTIC AVENUE AND POSSIBLY CONTINUED ON TO. AIA.. MR. NCWMAN INDICATED THAT HE.. WAS AMENABLE TO DEDICATION OF PROPERTY FOR THIS PURPOSE. :BOARD MEMBERS QUESTIONED MR. NEWMAN CONCERNING HIS PLANSFOR HIS' PROPERTY. MR, NEWMAN STATED. THAT. HE ENVISIONS HOTEL, AN OFFICE PARK AND PERHAPS SOME RESIDENCES OH THIS PROPERTY.. COUNCILMAN MARCHETTI INTERJECTED THAT DEDICATION FOR THE ROAD I9 NO WAY IMPLIED APPROVAL FOR MR. 'NEWMAN'S PLANNED PROJECTS. FOLLOWING DISCUSSION, CHAIRMAN RUSSELL MADE A NOTION TO RECOMMEND THAT THE CITY COUNCIL INITIATE A SURVEY, TO RECEIVE BY DEDICATION' LAND POR AN EAST -WEST BOULEVARD SEGMENT RUNNING FROM RIDGEWOOD RESERVATION TO NORTH ATLANTIC AVENUE. MR. FEENAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. PLA'4ING i ZONING BOARD REGULAR MEET= MAY 14, 1986 PAGE I OF 2 0 0 n BUSINESS ITEM 1. DISCUSSION REf UTILITIES BUILDING IN SETBACKS. MR. BOB FISCHER AND MR. DAN BARBER OF SOUTHERN BELL APPEARED BEFORE THE BOARD TO DISCUSS AN ORDINANCE REGARDINGUTILITY. STRUCTURES BUILT IN: SETBACKS.. FOLLOWING DISCUSSION, THE BOARD I)KCIDED THAT A' SPECIAL' EXCEPTION PROCESS WOULD 'BE THE PROPER WAY rm HANDLE THIS IN THE FUTURE. A SPECIAL EXCEPTION WOULD GIVE BOrA THE PLANNING AND ZONING BOARD AND THE BOARD. OF ADJUSTMENT AN OPPORTUNITY FOR REVIEW. THIS SPECIAL EXCEPTION VERSAGE NEEDS TO BE ADDED UNDER THE APPROPRIATE ZONING CATEGORIES IN THE ZONING OaDINANCE. THIS WILL BE DISCUSSED AT THE NEXT MEETING. THERE BEING NO FURTHER BUSINESS, MEETING WAS ADJOURNED AT 14:25 P.M. APPROVED THIS 2.g TN _ DAY OF MAY 1986.. , r SE ET. Y KAt3diTK', i Zwm BOARD .. ts[RAR NEEFING f MAY 16, 1986 PACE 2 OF 2 0 0 PLANNING AN0 ZONING HOARD REGULAR MEETING APRIL 23, 1986 A REGULAR MERTING OF THE PLANNING AND ZONING BOARD WAS HELD ON APRIL 23, 1986 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LAMAR RUSSELL CALLED THE MEETING TO ORDER AT 7,30 P.M. .THE SECRETARY CALLED THE, ROLL. MEMBERS PRESENTI- LAMAR RUSSELL CHAIRMAN ROCKY'RANDELS' VICE-CHAIRMAN RICHARD THURM CHRIS. BECK ROCKNEY FEEMAN WILLIAM WINCHESTER FIRST DALTERNATE B HELEN FILKINS OTHERS PRESENTt JAMES THERIAC CITY ATTORNEY JEFFREY. ECKLEY BUILDING INSPECTOR KATHY PFIR14AN SECRETARY MR. RANDELS MOVED TO APPROVE THE MINUTES OF MARCH 12, 1986. CHAIRMAN RUSSELL, NOTED THAT A TYPOGRAPHICAL ERROR, IN THE LAST LINE OF PAGE ONE NEEDED TO BE CORRECTED. MR. THORN SECONDED' mo,r ION TO APPROVE THE MINUTES AS CORRECTED. MOTION 'PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1. R UEST NO. 66-3 SPECIAL EKCEPTION TO ALLOW THE USE O A TELEPHONE SW TCHING FACILITY WITHIN THE EASEMBHT (LOCATED IN THE ETSA K AREAL Pao SIDS NOR F LUMB DR VAN= ATSLY SOUTH OP ONSTRUCTION ENTRANCE TREASURE S ' p IT AN EL JAY BARBER OF SOUTHERN BELL R. FORD CONCEPTS. MR. BARBER INTRODUCED MR. HUNT OF SOUTHERN BELL. MR. HUNT APOLOGIZED FOR THE SITUATION AND STATED THAT IT WAS NOT. SOUTHERN BELL'S INTENT To PLACE THISI SWITCHING FACILITY WITHOUT CITY APPROVAL. HE MAINTAINED THAT CAPE CANAVERAL WAS THE FIRST CITY THEY ENCOUNTERED TO CONSIDER THE. SWITCHING FACILITY A STRUCTURE AND THIS INTERPRETATION CAUGHT THE SUBCONTRACTORS BY SURPRISE. AS TO THE REPORT THAT THE SUBCONTRACTOR DISREGARDEDCITY ORDERS TO HALT WORK, MR. BUNT SAID HE WAS UNAWARE.THAT THIS HAD OCCURRED AND APOLOGIZED FOR THE SUBCONTRACTOR'S ACTION.. MR.: HUNT. DISTRIBUTED LITERATURE AND A PICTURE OF,THE. SWITCHING FACILITY IN QUESTION. PLANNING i ZONING BOARD F&MI AR MEETING APRIL 23, 1986 PAGE 1 OF 3 a MN. BARBER STATED ,THAT THIS FACILITY WAS NECESSARY AND THAT WITHOUT IT, PHONE SERVICE COULD NOT BE PROVIDED TO TREASURE ISLAND CLUB. MR.THURH STATED THAT HE FELT THAT THE .FACILITY WAS NOT A STRUCTURE AND INQUIRED REGARDING THE LANDSCAPING. MR. BARBER EXPLAINED, THAT THE LANDSCAPING WOULD BE PROVIDED BY TREASURE ISLAND CLUB, PER THE TERMS OF THE CONTRACT. MR. RANDELS MOVED TO RECOMMEND'. APPROVAL OF THE SPECIAL EXCEPTION. MR. FEEMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. CHAIRMAN RUSSELL ASKED THAT THE FOLLOWING ITEM BE ADDED TO THE AGENDA FOR THE NEXT MEETINGt DISCUSSION OF THE DEFINITION OF "STRUCTURE" WITH RESPECT TO UTILITIES. ITEM. 2. REQUEST NO. 66-0 VARIANCE TO, ERECT A.RETAIHING WALL AV ON-EY•TNE•SEA BLOCK LOT (LOCATED OCEANFR NT BETWEEN ADAM ND JEFF RSON PETITIONER IS A.L. BUD BAURE S OWNER. MR. BAUREIS EXPLAINED THAT HIS PROPOSED LIVING ROOM WOULD BE CONSTRUCTED APPROXIMATELY 71 FEET. ABOVE GROUND LEVEL AND HE WISHED TO ERECT A WALL. TO RETAIN THE NECESSARY SOIL. THE PROPOSED RETAINING WALL WOULD BE 649" IN. HEIGHT. HE MAINTAINED THAT THE ORDINANCE .REGULATING A MAXIMUM OF FOUR. FLET.. FOR SOLID WALLS' REFERED ONLY TO DECORATIVE, NOT RETAINING, WALLS, DISCUSSION FOLLOWED. .BOARD MEMBERS WERE UNABLE TO ASCERTAIN ANY. HARDSHIP INHERENT TO MR. RAUREIS. FURTHERMORE, SEVERAL BOARD MEMBERS FELT THAT THE PROPOSED RETAINING WALL WAS LITTLE: MORE THAN A SEAWALL. MR. BAUREIS CHOSE TO WITHDRAW HIS APPLICATION, ITEM 3.' DISCUSSION RE$'EAST-WEST ROAD RESERVATION OWMEN RI EWOOD AND AIA. THE BOARD DISCUSSED THE NEED FOR AN EAST -WEST CONNECTOR BETWEEN RIDGEWOOD AND AlA. IT WAS DECIDED THAT: MR. LEON NEWMAN,. OWNER OF 'THE PROPERTY UNDER DISCUSSION AS THE PROPOSED CONNECTOR, SHOULD BE INVITED TO ATTEND THE NEXT PLANNING AND 'ZONING BOARD MEETING IN ORDER TO ASCERTAIN His PEELINGS ON DEDICATION OF THIS PROPERTY. PLANNING i. ZONING BOW REGIIIAR MEETING APRM 23, 1986 PACE 2 OF 3 a 0 ADD-ON ITEM. DISCUSSION REi SITE PLAN CHANGE VILLAGES OF SEAPORT. VILLAGE 7 MR. 'JIM REINMAN PRESENTED A DEPICTION OF SITE PLAN CHANGES PLANNING AND ZONING BOARD REGULAR MEETING MARCH 12, 1986 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON MARCH 12, 1986 AT CITY HALL, 10S POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LAMAR RUSSELL CALLED. THE .MEETING TO ORDER AT 700 P.M. THE SECRETARY, CALLED THE ROLL. MEMBERS PRESENTS.- LAMAR RUSSELL 'CHAIRMAN ROCKYRANDELS VICE+CHAIRMAN-.: RICHARD THURM CHRIS BECK WILLIAM WINCHESTER FIRST ALTERNATE MEMBERS ABSENTi ROCKNEY FEEMAN HELEN FILKINS SECOND ALTERNATE OTHERS PRESENTS JAMES TH£RIAC CITY ATTORNEY 'ARTIS GUNN BUILDING OFFICIAL KATHY PFIRMAN, SECRETARY MR. RANDELS MOVED To APPROVE THE. MINUTES',OF FEBRUARY 26, 1986. MS. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. FINAL PLAT APPROVAL - KALI" " T- A PORTION OF LOT OCK AVEREPEAE Si UNT" OUGLAS L. MC LAUD A D OTT - P TPO E BOARD MEMBERS DISCUSSED AND REVIEWED THE FINAL PLAT. MR. RANDELS MOVED TO APPROVE THE FINAL PLAT. MS'. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. .;JEW BUSINESS 'ITEM 1. 'DISCUSSION WITH BUILDING OFFICIAL .BOARD MEMBERS HAD AN INFORMAL DISCUSSION WITH THE BUILDING OFFICIAL REGARDING VARIOUS 'ITEMS OF CONCERN. MR. GUNN-EXPLAINED. THAT VILLAGES OF SEAPORT HAD RECEIVED AND PAID FOR THE REMAINING PERMITS NECESSARY FOR THE PROJECT. HE ALSO REPORTED THAT THE TREE ORDINANCE HAD PEEN VIOLATED, IN THAT REMOVAL OF TREES WITH PLANNING F ZONING BOARD REGULAR MEETING MARCH 12. 1986 PAGE 1 OF 2 a 0 A DIAMETER GREATER THAN 4" HAD OCCURRED. MR.. GUNN IS REQUIRING THE DEVELOPER TO. REPLACE THIS VEGETATION., CHAIRMAN RUSSELL WAS CONCERNED ABOUT THE FENCE BORDERING HARBOR HEIGHTS. HE VOICED DISPLEASURE -WITW THE FACT THAT THE FENCE IS UNFINISHED AND. IN HIS OPINION, UNSIGHTLY. MR. GUNN STATED THAT HE WOULD. ADDRESS THIS MATTER WITH THE DEVELOPER. IN AN UNRELATED MATTER, MR. GUNN'ASRED FOR THE BOARD'S INPUT REGARDING A PLAN FOR AN8-UNIT BUILDING ON CENTRAL BOULEVARD. IN 1981, THE BUILDING OFFICIAL AT THE TIME, MR. JIM HINES, APPROVED A.PLAN PRESENTED By DR. PINDZIAR. THIS ITEM WAS NEVER PRESENTED To THE PLANNING AND ZONING BOARD. SUBSEOUENT'To THIS APPROVAL BY MR. HINES, DR. PINDZIAR WAS GRANTED A VARIANCE FOR THIS PROPERTY. MR. GUNN REPORTED THAT DR. PINDZIAR WAS OF. THE OPINION THAT THE PLAN HAD BEEN GIVEN SITE PLAN APPROVAL BY VIRTUE OF THE ACTION OF MR.., HINES AND THE BOARD OF ADJUSTMENT. THE BOARD REVIEWED THE PLAN IN QUESTION AND FOUND IT TO BE INADEQUATE. FURTHERMORE, MR. WINCHESTER STATED THAT THE BOARD OF ADJUSTMENT DID NOT RULE ON THE PLAN ITSELF, BUT ONLY ON AN EN- CROACHMENT AND THE SEWER/WATER ADDITIONS. THE BOARD WAS OF THE CONSENSUS THAT A SITE PLAN FOR THIS PROJECT. SHOULD BE SUBMITTED FOR REVIEW BY THE: BOARP• THERE BEING No FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:35 P.H. ���',QQ - APPROVED THIS 23 ._DAY OF t X1986., Ca rmwi e reYar I PLANNING &ZONING BOARD -. REGULAR MEETING MARCH 12,.1986 PAGE :.2OF 2 , 0 0 PLANNING AND ZONING BOARD REGULAR MEETING FEBRUARY 26,, 1986'. A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS t4ELD ON FEBRUARY 26, 1986 AT, CITY HALL. 105 POLE AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LAMAR RUSSELL CALLED THE MEETING TO;ORDER AT 7,30 P,M. THE SECRETARY CALLED THE ROLL - MEMBERS PRESENT: LAMAR RUSSELL CHAIRMAN ROCKY RANOELS VICE-CHAIRMAN RICHARD.. THURM CHRIS BECK ROCKNEY: FEEMAN 'FIRST ALTERNATE WILLIAM WINCHESTER .:,SECOND. ALTERNATE HELENFILKINS OTHERS PRESENT) JAMES THERIAC s. CITY ATTORNEY JEFFREY SCKLEY -'CODE ENFORCEMENT. OFFICER KATHY PFIRMAN :SECRETARY MR. RANDELS MOVED TO ACCEPT THE MINUTES OF FEBRUARY 12, 1986. MS. BECK SECONDED MOTION- MOTION 'PASSED UNANIMOUSLY UNFINISHED BUSINESS ITEM 1. SITE -PLAN APPROVAA6NSfiYlESEAPE LOTRSANGE A ' -A UE —LARRY DWIN. ANDMT E MENTOR 0 E MR. ECKLEY STATED THAT ENGINEERING COMMENTS HAD NOT BEEN RECEIVED. AFTER A DISCUSSION AND REVIEW, MR, THURM MOVE TO APPROVE THE SITE PLAN, CONTINGENT UPON APPLICANT COMPLYING WITH COMMENTS FROM BRILEY, WILD AND ASSOCIATES, MR, FEE"" SECONDED MOTION. NOTIONPASSED UNANIMOUSLY. NEW BUSINESS ITEM 1. RE UEST NO. 86-2 SPECIAL EXCEPTION TO CO ELL ARE ­ H D OY �M P O A 0. O EAS BOARD MEMBERS DISCUSSED THE PREVALENCE OF THE RESIDENTIAL USAGE IN THIS AREA- MR,RANDELS WAS CONCERNED THAT IF THIS DUPLEX WERE BUILT. THE DENSITY WOULD BE VIOLATED. _CHAIRMAN PLANNING 6 ZONING BOARD REGULARrMEETING FERRUARY 26, 1986 PAGE I OF 3 0 • RJSSELL STATED THAT DENSITY WAS NOT THE ISSUE AT THIS TIME. THE ONLY ISSUE BEFORE THE BOARD IS WHETHER OR NOT TO ALLOW A RESIDENTIAL UNIT IN A C-1 ZONE. FOLLOWING DISCUSSION, MR. FEEMAN MOVED TO RECOMMEND APPROVAL OF THE SPECIAL EXCEPTION.. MR. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 2.' FINAL PLAT APPROVAL — XALIN'S REPEAT A' POR 0 OF 0 LOCK APE A ERAL ,'HEAC- RDE U T IR ADRIVE — MR. RANDELS MOVED TO POSTPONE THIS ITEMAS THE LOT. NUMBERS ON THE PLAT WERE NOT. IDENTIFIED AND THE APPLICANT WAS, NOT PRESENT. MA. THURM SECONDED. MOTION... MOTION PASSED UNANIMOUSLY. ITEM 3.. PRELIMINARY. PLAT APPROVAL — CAPE;g TOWNHOUSES, LOT C A CA E UNITANAVERAL BEACH BO EVA OI L.,RIDAR AFTER REVIEW, MR. TNURM MOVED TO APPROVE THE PRELIMINARY PLAT. MR.,RANDELS SECONDED: MOTION. MOTIONPASSED UNANIMOUSLY. ITEM 4. DISCUSSION REs AMENDING SECTION 2 OF ORDINANCE HO. BOARD MEMBERS >DISCUSSED AMENDING THIS SECTION TO EXCLUDE CERTAIN SMALLER DEVELOPMENTS IN RESIDENTIAL SONES. CHAIRMAN RUSSELL EXPLAINED THAT THE ORDINANCE WAS PASSED TO REGULATE INGRESS—EGRESS POINTS, PARTICULARLY ON AIA. MR. JOHN I MURPHY AND MR. WALTER BOWMAN MAINTAINED THAT THIS ORDINANCE RENDERED, SMALL DEVELOPMENTS NEARLY IMPOSSIBLE FROM A DESIGN STANDPOINT, AND WOULD ALSO CAUSE EXCESSIVE PAVING. FOLLOWING DISCUSSION, MR. RANDELS MOVED TO RECOMMEND AMENDMENT OF SECTION 639.01(c) TO READ AS FOLLOWSs "CHANGE PARAGRAPH 4. TO$ "THERE SHALLBEA MINIMUM OF TWELVE FEET BETWEEN ANY TWO OPENINGS ON TO THE SANE.STREET.`. ADD PARAGRAPH 8s "ONE, TWO AND THREE FAMILY DWELLINGS ARE 'EXEMPT FROM: SECTION 639.01(c).," MR. THURM SECONDED MOTION.. MOTION PASSED UNANIMOUSLY. FOLLOWING REGULAR BUSINESS, THE BOARD HELD AN INFORMAL DISCUSSION ON BOOKSTORES. UNDER THE PRESENT .:ORDINANCE, NO BOOKSTORES ARE ALLOWED. CITY ATTORNEY, J. THERIAC, INFORMED PLANNING i, ZONING BOARD REGULAR MEETING FEBRUARY 26. 1986 PAGE 2 OF'3 ~ FILE s'-lopY PLANNING AND ZONING BOARD REGULAR MEETING FEBRUARY 12, 1986 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS UCLD ON FEBRUARY 12, 1986 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LAMAR RUSSELL 'CALLED THE MEETING TO ORDER AT 706 P.M. THE SECRETARY CALLED THE ROLL, MEMBERS. PRESENTS LAMAR RUSSELL CHAIRMAN .ROCKY RANDELS VICE-CHAIRMAN RICHARD THURM CHRIS BECK ROCKNEY FEEMAN HELEN FILKINS SECOND ALTERNATE . OTHERS PRESENTS JAMES TiIER1AC CITY ATTORNEY ARTIS GUNN - BUILDING OPPICIAL KATHY PFIRMANSECRETARY MEMBER ABSENTS.' WILLIAM WINCHESTER FIRST ALTERNATE MR. RANDELS MOVED TO APPROVE THE MINUTES OF JANUARY 22,- ].986. MS.I BECK SECONDED NOTION. MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS 'ITEM 1. REVIEW OF ORDINANCES AMENDING SECTION 645.05, ITE P SUBMITTALAND REVIEW PROCEDURES BY AWI G A D S -TIME STY- AY E ION (P P - CHAIRMAN RUSSELL EXPLAINED THAT THIS ITEM WAS A CONTINUATION FROM PREVIOUS MEETINGS, AT ONE OF THE MEETINGS, MR. REINMAN,' REPRESENTING VILAGES OF SEAPORT- HAD MAINTAINED THAT THE SIX MONTH TIME FRAME WAS T00 BRIEF FORA LARGE PROJECT... BOARD MEMBERS DISCUSSED THE RAMIFICATIONS OF AN EXTENSION., MRS. FILKINS WAS OPPOSED To AN EXTENSION WHICH DEVELOPERS MIGHT CONSTRUE AS AN 'AUTOMATIC" EXTENSION' SHE ALSO QUESTIONED THE NINETY DAY EXTENSION AS BEING TOD LONG, SUGGESTING THIRTY DAYS INSTEAD. MR. GUNN EXPLAINED THAT.HE HAD GIVEN VILLAGES OF SEAPORT. UNTIL FEBRUARY 16, 1086 TO PULL THEIR BUILDING PERMITS. HE EXPLAINED THAT IT,TOOK VILLAGES OP SEAPORT QUITE A BIT OF TIME PLANNING i. ZONING BOARD REGULAR MEETING FEBRUARY 12, 1986 PAGE 1 OF 3 TO MEET THE CONTINGENCIES ATTACHED TO THE SITE PLAN APPROVAL. A DISCUSSION FOLLOWED AS TO WHEN A SITE PLAN HAS FINAL APPROVAL -- BEFORE OR AFTER CONTINGENCIES ARE MET. THE BOARD DECLINED TO CHANGE THE ORDINANCE, AS VILLAGES, OF SEAPORT WAS THE ONLY ENTITY ADVOCATING CHANGE. MR. THURM MOVED TO TABLE THIS ITEM INDEFINITELY.- MR. FEEMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY - ITEM 2. REVIEW OF ORDINANCE AMENDIONG SECTIOONN 639.T1 F T O -0 E REA OF TI TY E P CHAIRMAN RUSSELL EXPLAINED THAT SOUTHERN. BELL HAD PLACED AN UNDERGROUND VAULT WITHIN THE SETBACK AND THAT THIS AMENDMENT WOULD ALLOW SOUTHERN BELL TO, DO SO,AT THE LAST MEETING, HOWEVER, THE BOARD LEARNED THAT SOUTHERN BELL HAD BEEN. INFORMED THAT THEY WERE EXCAVATING IN THE WRONG PLACE. -FURTHERMORE, MEMBERS OF THE AUDIENCE DISAGREED WITH ALLOWING PLACEMENT WITHIN THE SETBACK, IF ANOTHER AREA WAS AVAILABLE. MR. FEEMAN MOVED TO RECOMMEND DISAPPROVAL OF THE. AMENDMENT TO SECTION 639.21.... MR. RANDELS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. - ITEM 3. SITE PLAN APPROVAL SEA ESCAPE _LOTS? RANG Sr A _ R OD ON A MENTOR PO PO COMMENTS FROM BRILEY,.WILD AND ASSOCIATES WERE RECEIVED ONLY SEVERAL DAYS PRIOR TO THE MEETING. AT THIS TIME, 'APPLICANT IS NOT READY FOR SITE PLAN REVIEW. MR. THURM MOVED TO POSTPONE THIS. ITEM.. UNTIL THE NEXT MEETING. MR. FEENAN SECONDED NOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1. FINAL PLAT APPROVAL VICTORIA HOMES 2 -UNIT SEA p OT 8' R A E ft TO AFTER REVIEW, MR. RANDSLS MOVED TO APPROVE THE FINAL PLAT. MR. THURM SECONDED MOTION. I40TION PASSED UNANIMOUSLY, PLANNING -& ZONING BOARD :. REGULAR MEETING FEBRUARY 12, 1966 PAGE 2 OF 3 a 0 ITEM 2. FINAL PLAT APPROVAL OCEAN VIEW LOT 13, BLOCK. , AVON- -THE-5EA - INGTON AVENUE JON E. COLEMAN AND ROBER F. COLEMAN THE BUILDING OFFICIAL REPORTED THAT THE VELLUM OF THIS PLAT WAS LOCKED IN THE CITY CLERK'S OFFICE. .APPLICANT STATED THAT EASEMENTS HAD BEEN DRAWN ON THE VELLUM. MR, RANDELS MOVED TO APPROVE THE FINAL PLAT CONTINGENT UPON CHAIRMAN RUSSELL VERIFYING EASEMENT PLACEMENT ON THE VELLUM. MR. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 3. PRELIMINARY PLAT APPROVAL KALIN'SA REPLAT 9EACN, PORT 0 OF LOT'. GA NjJ011,4, CI L DR E - OVGLA MC U Amu CRA G ...... LOTS. HAD NOT. BEEN IDENTIFIED ON THIS,PLAT. MR. RANDELS ttOVED TO APPROVE THE PRELIMINARY PLAT. CONTINGENT UPON LOT IDENTIFICATION, MR. FEEMAN' SECONDED MOTION. MOTION PASSED UNANIMOUSLY,. MR.RANDELS MOVED TO ADD-ON' A DISCUSSION ITEM REGARDING CITY PHILOSOPHY. MR. THURM SECONDED ITEM. ADD-ON DISCUSSION RES CITY PHILOSOPHY', .CHAIRMAN RUSSELL EXPLAINED THAT THE LOCAL PLANNING AGENCY NEEDED TO ADD A SECTION ON CITY PHILOSOPHY To THE COMPREHENSIVE PLAN. HE ASKED THAT MRS. FILKINS WRITE THIS .PHILOSOPHY FOR REVIEW BY THE, LPA AT ITS NEXT MEETING. THERE BEING NO FURTHER BUSINESS, THE MEETINO WAS ADJOURNED AT 9:45 P.N. APPROVED THIS .1,) DAY OF, va �� , 1986. a rmab rli Secretfry PLANNING i ZONING BOARD 'REGULAR MEETING FEBRUARY 12, 1986 'PAGE 3 OP 3 • 0 FILE COPY PLANNING AND ZONING BOARD REGULAR MEETING JANUARY 22, 1986 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON JANUARY 22, 1986. AT CITY .HALL, '105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LAMAR RUSSELL CALLED THE MEETING TO ORDER AT 7s30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENTt LAMAR RUSSELLCHAIRMAN - ROCKY RANDELS .VICE CHAIRMAN RICHARD THURM CHRIS BECK WILLIAM WINCHESTER FIRST -ALTERNATE HELEN FILKINS SECOND ALTERNATE' OTHERS PRESENTS JAMES THERIAC CITY. ATTORNEY JEFFREY ECKLEY CODE ENFORCEMENT OFFICER KATHY PFIRMAN SECRETARY MEMBERS ABSENT: ROCKNEY FEEMAN MR., RANDELS MOVED. TO APPROVE THE MINUTES OF THE MEETING OF JANUARY 8, 1986. MS. BECK SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS - ITEM 1, REVIEW OF ORDINANCE_AMENDINO SEC. 639.57 "DEDICATED PUBLIC LAND ANDESTA LISfl ING SEC. r. "DEDICATED PUBLIC EASEMENT•. THE BOARD REVIEWED THE PROPOSED ORDINANCE SUBMITTED BY THE CITY ATTORNEY. FOLLOWING DISCUSSION, MR- RANDELS MOVFD TO RECOMMEND. APPROVAL OF. THE ORDINANCE. MR.. WINCHESTER SECONDED MOTION. MOTION PASSED UNANIMOUSLY,. ITEM 2. MIEN OF ORDINANCE DIN SEC. 6 5.05. •SITE_ PLAN SUBMITTAL AND REEWAMEND VIPROCEDURES" BY ALLOWING A ONS—T ME NINETY -DAY EXTEN5ION THE BOARD DISCUSSED SITE PLAN SUBMITTAL AND REVIEW PROCEDURES.. AT PRESENT, A SITE PLAN EXPIRES SIX MONTHS SUBSE¢UENT TO APPROVAL. THE PROPOSED CHANGE WOULD ALLOW THE BUILDING OFFICIAL TO GRANT ONE NINETY DAY EXTENSION FOR JUST CAUSE., MRS- FILKINS OBJECTED TO THE PHRASE -JUST CAUSE' ON THE GROUNDS THAT -JUST CAUSE" WOULD ALLOW EXTENSION POR,ALMOST ANY REASON WHATSOEVER. PLANNING i ZONING BOARD RD3QAR MEETING JANUARY 22, 1986 PAGE 1 OF 4 0 IHH CITY ATTORNEY AGREED WITH THE OBJECTION TO THE VERBAGE, AND ASKED THE BOARD TO TABLE THE ITEM. THE BOARDDISCUSSED WHETHER THE 90 DAY EXTENSION SHOULD BE A DECISION TO Be MADE BY THE BUILDING OFFICIAL OR BY THE PLANNING AND ZONING HOARD. THE CONSENSUS WAS THAT THE BOARD SHOULD MAKE THE DECISION. MRS., FILKINS, ASKED THAT, CRITERIA FOR AN EXTENSION BE A SPECIFIC, EXPLICIT PART OF THE ORDINANCE VERBAGE. CHAIRMAN RUSSELL. DISAGREED, SAYING THAT THE CRITERIA PROBABLY WOULD NOT BE EASILY APPLIED TO ALL SITUATIONS. MR. RANDELS MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING. MR. THURM SECONDED MOTION, MOTION PASSED UNANIMOUSLY. ITEM 3. DISCUSSION REs SOUTHERN BELLS R UEST TO AMEND SE ON F HE ZO N ORDINAN E TO A W pLA ENT OF T L TY UIPMENT WITHIN THE 6 TBACK .AREA. (C N INUE A - THE BOARD DISCUSSED CHANGING THE ORDINANCE TO ALLOW PLACEMENT OF UTILITY EQUIPMENT: WITHIN THE SETBACK AREA., CHAIRMAN RUSSELL EXPLAINED THAT SOUTHERN BELL HAD PLACED AN UNDERGROUND VAULT WITHIN THE SETBACK. MEMBERS OF .THE AUDIENCE DISAGREED WITH THE WORDING IN THE PROPOSED CHANGE. MR.' MURPHY OBJECTED DUE TO THE FACT THAT THE PROPOSAL DID: NOT INCLUDE THE.: LIMITATION THAT .PLACEMENT WITHIN THE SETBACK WOULD BE ALLOWED ONLY IF NO OTHER LOCATION IS. AVAILABLE. MR. ECKLEY REPORTED THAT, IN THE SITUATION. AT HAND, THERE IS ANOTHER LOCATION AVAILABLE. THE CITY ATTORNEY WAS CHARGED WITH FINDING ABSOLUTION TO THIS PROBLEM- MR. THURM MOVED TO POSTPONE THIS ITEM, UNTIL THE NEXT MEETING. MR. RANDELS SECONDED NOTION. NOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1.IN SITE PLAN APPROVAL CANAVERAL APARTMENTS LOTC 2 AND � BLOCK B -SEA ORTHEANT CORNER ADAM AVON -BA -— G P 0 FOA BARRY CARSWELL ' FOLLOWING REVIEW AND 'DISCUSSION,, MR. RANDELS MOVED TO APPROVE THE SITE PLAN, MR. WINCHESTER SECONDED NOTION. NOTION PASSED UNANIMOUSLY. v,pa NG G ZONING BOARD R02W MIFFING JANUARY 22, 1986 PACE 2OF1 ' • 0 ITEM 2. SITE PLAN APPROVAL SEA ESCAPE LOTS 7 AND 8, .BLOCK 7t AVON—BY—THE—SEA (690 —6907 ORANGE AVENUE) LARRY GOODSON AND MIKE MINTOR HR. ECKLEY REPORTED THAT COMMENTS REGARDING THIS PROJECT HAD NOT YET BEEN RECEIVED FROM THE CITY ENGINEERS. MS. BECK MOVED TO TABLE THE ITEM UNTIL THE NEXT MEETING. MR. THURM'SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 3. FINAL PLAT APPROVAL HARBOR HEIGHTS TOWNHOUSES 1' UNIT AT 0 O THE OUTN S DB OP THE ENTRANCE TO HARBOR EIGHTB — LOUIE C. HUMA THE BOARD REVIEWED THE FINAL PLAT AND FOUND EVERYTHING IN ORDER. MR. THURM MOVED TO, APPROVE THE FINAL PLAT. MR. WINCHESTER SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 4• PRELIMINARY BYATHE SEA IPPROVALVIG MONROE AVENUE) T—IWCB AS OCIA'ES FOR THURSTON KIRBY MR. ECKLEY STATED THAT IT WAS MR. GUNN`S CONTENTION THAT THE DENSITY ORDINANCE IS BEING VIOLATED ON THIS PROPERTY. MR., ECKLEY. ASKED THAT ONE OF THE TRAILERS BE REMOVED. MR. KIRBY TOLD THE BOARD THAT THERE ARE TWO SEPARATE PARCELS OF PROPERTY, NOT JUST ONE. AS THE BUILDING DEPARTMENT PURPORTED.. IF THE PARCELS ARE, CONSIDERED SEPARTELY, THEN THE DENSITY IS NOT VIOLATED. THE CITY ATTORNEY. WAS ASKED FOR HIS OPINION ON THE MATTER - MR. THERIAC STATED THAT, AFTER EXAMINING PROPERTY RECORDS ON FILE, HE IS OF THE OPINION THAT THE PROPERTIES ARE SEPARATE. MR. RUSSELL MOVED 'TO. APPROVE THE PRELIMINARY PLAT. MR. WINCHESTER SECONDED MOTION.. VOTE ON THE MOTION WAS AS POLLOWSs., IN FAVOR, MR. RUSSELL, MR. TBURM AND MR. WINCHESTERTOPPOSED, MS. BECK AND MR. RANDELS. MOTION CARRIED. ITEM S. PRELIMINARY PLAT APPROVAL OCEAN VIEW LOT 13BLOCK 6 AVON—BY-TdE—SEA ( — WASHINGTON'AVENUE 'JON E. COLBMA AND BOBE T F. COLEMAN THE BOARD NOTED THAT EASEMENTS NEEDED TO BE SHOWN ON THE PLAT, AND TOLD THE APPLICANT TO MAKE THIS CORRECTION ON TOE FINAL PLAT. MS. BECK MOVED TO APPROVE THE PRELIMINARY PLAT. MR.. WINCHESTER SECONDED NOTION• NOTION PASSED UNANIMOUSLY. PLANNING 6 IMME HOARD. REGULAR MEETING JAN= 22, 1986 PAGE 3 OF 4 0 • FILE COPY PLANNING AND ZONING BOARD REGULAR MEETING JANUARY 8, 1986 A REGULAR MEETING OF THEPLANNING AND ZONING BOARD WAS HELD ON JANUARY 8, 1986 AT CITY HALL, ,105 POLK AVENUE,. CAPE CANAVERAL,.. FLORIDA. CHAIRMAN LAMAR RUSSELL CALLED THE MEETING To ORDER AT 7430 P.M. THE SECRETARY CALLED THE ROLL. MEMBERSPRESENTi LAMARRUSSELL- CHAIRMAN ROCKY RANDELS VICE-CHAIRMAN RGCKNEY FEEMAN RICHARD THURM CHRIS BECK WILLIAM WINCHESTER FIRST ALTERNATE HELEN FILKINS SECOND ALTERNATE OTHERS PRESENTS JAMES THERIAC CITY ATTORNEY ARTISGUNN LEO NICHOLAS COUNCILMAN i. KATHY PFIRMAN SECRETARY MR. THURM POINTED OUT THAT THE MINUTES,. OF DECEMBER 11,. 1985 INDICATE THAT HE WAS ABSENT, WHEN, IN ACTUALITY, HE WAS PRESENT FOR THAT MEETING. MR. FEEMAN MOVED TO APPROVE THE MINUTES OF. DECEMBER 11, 1985 AS AMENDED. MS. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY, UNFINISHED BUSINESS ITEM 1. .DISCUSSION RESSOUTHERN BELL -S REQUEST TO' AMEND BFC TZ N 315. OF THE 0 ING OROi NANCE' TO ALTA C E Y ZOUIP14ENT WITHIN TR SLTUAt;KAREA (CONTINUED - MR. .GUNN;REPORTED .THAT THIS ITEM IS STILL IN REVIEW AND SHOULD BE POSTPONED UNTIL THE NEXT MEETING. NEW BUSINESS ITEM 1.. REOUEST NO. 86 -1 -VARIANCE TO SECTION 639.01, OF£- TREE ZNG GULA ON E . E9 AMON SY E SEA ATR IS PEEPREA R A W L —A" - MR. MR. STEVEN. HERMAN,. ATTORNEY FOR WESLEY AND. LOIS GALLAGHER, EXPLAINED THAT IN 1962, LOTS 5 AND 6 WERE JOINED AND AN EIGHT - UNIT APARTMENT COMPLEX WAS BUILT, IN 1982, THE PROPERTY WAS PLANNINGi ZONING BOARD REGULAR MEETING JANUARY S. 1986 PAGE 1 OF 3 DIVIDED INTO TWO PARCELS AND THE GALLAGHERS PURCHASED LOT 5. THE GALLAGHERS WERE UNAWARE THAT ,THE LOT ;DID NOT MEET THE REQUIREMENTS OF SECTION 639.01, OFF STREET PARKING REGULATIONS.- MR. HERMAN FURTHER EXPLAINED THAT THE GALLAGHERS WISHED TO SELL, THE PROPERTY, BUT ARE UNABLE To DO SO WITHOUT OBTAINING A VARIANCE. BOARD MEMBERS AGREED THAT A HARDSHIP EXISTS AND THAT IT WAS UNREASONABLE TO EXPECT THAT THE GALLAGHERS WOULD BE AWARE OF ALL CONDITIONS PRIOR TO THE SALE. MR,.RANDELS MOVED TO RECOMMEND APPROVAL OF THE VARIANCE. TO SECTION 639.01 TO THE BOARD OF ADJUSTMENT. MR. THORN SECONDED MOTION. MOTION PASSED UNANIMOUSLY., ITEM 2. DISCUSSION RES AMENDING SECTION 635.25, WA -SM CO S R ON SETBACK DNTROLLINES MR. GUNN PRESENTED A -PROPOSED CHANGE TO SECTION 635.25, PARAGRAPH D. THE: FOLLOWING VERBAGE. WOULD REPLACE PARAGRAPH D IN ITS.ENTIRETYt 636.25(D) EXEMPTIONS *ANY LOT WHOSE EXISTENCE, LOCATION AND DIMENSIONS HAVE BEEN. LEGALLY RECORDED OR REGISTERED INA DEED OR ON A PLAT PRIOR TO OCTOBER 1, 1985 AND CONSISTING OF; LESS. THAN. SEVEN THOUSAND FIVE .HUNDRED AND ONE .(7501) SQUARE PEET OF LOT AREA, EXCLUSIVE OF ANY LAND SEAWARD Or THE D.N.R. COASTAL CONSTRUCTION.. CONTROL LINE, ARE.FXEMPT PROM THE APPLICATION OF THIS SECTION.' MS. BECK MOVED TO RECOMMEND DELETION OF SECTION 635.25(0) AND REPLACE IT WITH SECTION 635.25(0) EXEMPTIONS. MR. FEEMAN SECONDED MOTION,'. MOTION PASSED UNANIMOUSLY. ITEM; 3. AMENDING SECTION 632.01,SCOOFENTDNITI THE CITY ATTORNEY SUGGESTED THAT THE POLLOWING VERSAGE BE PLACED IN SECTION 639.,588 PLANNING i ZONING BOARD 'REGULAR MEETING JANUARY 8, 1986 PAGE.2 OF 3 0 0 .NO PURPORTED DEDICATION OF AN CASEMENT TO THE CITY. SHOULD BE EFFECTIVE UNTIL IT IS ACCEPTED BY THE CITY COUNCIL, AFTER, REVIEW AND RECOMMENDATION FROM THEPLANNING AND ZONING BOARD." IN ADDITION,.MR..THERIAC RECOMMENDED THAT SECTION .639.59 BE CHANGED AS, FOLLOWS; 'DEDICATED PUBLIC STREETS, WALKWAYS, ALLEYS, ACCESSWAYS OR EASEMENTS...' MR.RANDELS MOVED TO'HAV E THE CITY ATTORNEY BUT THE ABOVE VERBAGE IN ORDINANCE FORM. MR. FEEMAN SECONDED: THE MOTION, MOTION PASSED UNANIMOUSLY. ITEM A. BUILDING OFFICIAL'S REPORT ON SITE -PLAN REVIEW MR. .GUNN'REPORTED .THAT THE SIX MONTHS FOR EXPIRATION FOR APPROVED SITE PLANS CREATED A PROBLEM FOR LARGE PROJECTS. HE FURTHER INDICATED THAT HE HAD RECEIVED A REQUEST FOR AN EX- TENSION', BUT THERE IS NO PROVISION IN THE ORDINANCE THAT WOULD ALLOW AN EXTENSION. 'THE BOARD DISCUSSED AMENDING THE ORDINANCE TO ALLOW THE BUILDING OFFICIAL TO GRANT ONE NINETY DAY EXTENSION FOR GOOD CAUSE. FURTHER EXTENSIONS WOULD HAVE TO BE REVIEWED BY THE PLANNING AND ZONING BOARD, MR. THUAM MOVED TO HAVE THE BUILDING OFFICIAL AND CITY ATTORNEY I PREPARE A DRAFT. IN ORDINANCE FORM ENCOMPASSING, THE IDEAS DISCUSSED: MS. BECK SECONDED MOTION. MOTION PASSED 'UNANIMOUSLY. COUNCILMAN NICHOLAS. REPORTED THAT THE CITY COUNCIL HAD ADOPTED AN ORDINANCE REGARDING EARTH STATION ANTENNAS. HE EXPLAINED THE .PROVISIONS OF THE �ORDINANCE- THERE BEING NO FURTHER BUSINESS. THE "MING WAS ADJOURNED AT 9105 P.M. C. A r" ��I!J'.0 ...aJ.�. ,-{;^ti"4—' PLANNING i ZONING BOARD Sec eta - REGULAR MEETING, JANUARY 8,. 1986' PAGE.3 AF 3