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HomeMy WebLinkAboutP&Z Board 1985 Minutesa ♦ FILE COPY PLANNING AND ZONING BOARD REGULAR MEETING DECEMBER 11.1985 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON DECEMBER 11, 1985 AT CITY HALL, 105 POLK AVENUE,. CAPE CANAVERAL, FLORIDA. CHAIRMAN LAMAR RUSSELL CALLED THE MEETING TO ORDER AT 700P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENTS - LAMAR RUSSELL CHAIRMAN ROCKY RANDELS VICE CHAIRMAN ROCKNEY FEEMAN WILLIAM WINCHESTER FIRST ALTERNATE HELEN FILKINS SECOND ALTERNATE OTHERS PRESENT, JAMES THERIAC CITY BUILDING KRNEY ATIE GUNN ;:SECRETARY KATHY PPIRMAH MEMBERS ASSENTS RICHARD THURM CHRIS BECK MR. RANDELS MOVED TO APPROVE THE MINUTSS OF THE MEETING OF NOVEMBER 27, 1985..MR. THORN ,SECONDED MOTION., MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1..R SIDENTIA. 85W5--ETING SRIWARDE OP THESCAPE CANAVERAL 'COAST 'CONSTRUCTION SETBACK LINE -SBC TWP S RGB E LOT B K VO SY THE EA LOCATED ON TRB OCEAN BETWEEN WASHINGTON i ADAMS XV6 PBTITIONER6 AR6 JON C. INDHORST i.RODNEY H. WOOD PO TPONED - ) ITEM 2. ST NO. 85-19 VARIANCE TO CONSTRUCT A 2 -UNIT R DENT AL WELLING SBAWA D OF CAPE NAVERAL COASTAL CONSTRUCTION SETBACK LINE - SEC. S� TED N TH EAN ETWEE JE FEN ONi AD AVE). T ONERS E DAV AN DONALDHAYNE6 l STpONED CHAIRMAN RUSSELL ANNOUNCED THAT THERE SEEMED To BE A.. CONFLICT IN TUB ORDINANCE REGARDING THESE VARIANCES. HE STATED THAT CITY COUNCIL WOULD HB DISCUSSING,THIS. CONFLICT OR. AMBIGUITY AT A WORKSHOP NESTING THE POLLOWING EVENING. .PETITIONER JON WINDHOEST .HAD WRITTEN A LETTER INDICATING THAT HE WISHED POSTPONEMENT UNTIL TSB MATTER WAS RESOLVED. ATTORNEY FOR DAVID AND DONALD HAYNES,.JOSEPH SCOTT, INDICATED THAT THE PETITIONERS PLAtIMU i ZONING BOARD MEETING DDmom 11, 1985 PACE 1 OF 3, 0 Ao,Y WILLING TO WAIT UNTIL FURTHER DELIBERATIONS ARE HELD, BUT 1-e1'ITI0NERS ARE NOT WAIVING THEIR RIGHTS UNDER THE PRESENT ORDINANCE.. THE BOARD AGREED PETITIONERS ARE NOT WAIVING THEIR RIGHTS UNDER THE CURRENT ORDINANCE. ITEM 3.'MOTION REt VACATING 12 FOOT ALLEYWAY BETWEEN HARRISON AND TYLSRAVENUES BLOCK. PETI IONER IS JAME PEEPLS FOR CLIFFORD A CHI LSR. AND SEA HPARK INC. PO WED. MR. PEEPLES PRODUCED THE SITE PLAN WHICH WAS REQUESTED BY 'PRE BOARD AT THE LAST MEETING AND BRIEFLY DESCRIBED THE SITUATION. DUE TO THE COASTAL CONSTRUCTION SETBACK LINE, THE PARKING HAD TO HE MOVED BACK, CREATING A NEED FOR MORE AREA. THE BOARD NOTED THAT ACCESS .FOR OTHER PROPERTIES WOULD NOT HEA PROBLEM IF THE ALLEYWAY WERE VACATED. 'HOWEVER, THE BOARD DECIDEDIT. WOULD BE IN THE CITY'S BEST INTEREST TO RETAIN AN EASEMENT. MR. FEENAN MOVED TO RECOMMEND APPROVAL OF THE VACATION OF THE ALLEYWAY, AS PER. THE LEGAL DESCRIPTION,. WITH THE CONTINGENCY THAT AN EASEMENT ITO THE CITY BE GRANTED. MR,. THURM SECONDED MOTION. .'VOTE ON THE MOTION WAS AS FOLLOWS% IN FAVOR, MR. RUSSELL, MR. THURM 'AND MR. FEEMANI OPPOSED, MR. RANDELS AND MR. WINCHESTER'. MOTION CARRIED. ITEM A. DISCUSSION RSs 80 THERM BELL'S RE VEST TO AMEND SECTION OP TH8 ZONING ORDINARE TO ALLOW PLACEMENT OF UTILITY fi UIPMENT WITHIN THE SETBACK AREA NT NUED FROM — — 1 MR. GUNN. REQUESTED POSTPONEMENT TO FINALIZE THE ORDINANCE., ITEM WAS POSTPONED UNTIL THE NEXT MEETING. NEW BUSINESS ITEM I. MOTION AE% VACATING ENTIRE LLEYWAY BETWEEN BUCHANAN 'L AVEN2 8 BLOCK AVON BY THE SEA — 'PET ONE- SIONEY ATTORNEY FOR MR, SIDNEY P. HELD,, MR. KNUDSON, EXPLAINED THAT THE VACATION WOULD MAKE MR. HELD'S. PROPERTY CONTIGUOUS AND THAT IT WOULD ELIMINATE AN ALLEYWAY WHICH COULD BE APOTENTIAL EYESORE., HE ALSO ARGUED.. THAT, AT. PRESENT, THE PROPERTY IS NOT USED AS AN ALLEY. MR.' KWUDSON'EXPLAIHED THAT MR. HELD HAD NO PRESENT PLANS FOR DEVELOPMENT. BOARD MEMBERS DISCUSSED THE VACATION AND WERE TROUBLED BY PLANNING i ZONING BMW MEETING DE3946ER 11, 1985 PAGE 2 OF 3 6 0 1'tIY. FACT THAT 'THERE ARE NO PLANS FOR THIS PROPERTY AT PRESENT. MR. THURM REMARKED THAT ALTHOUGH PETITIONER MIGHT DESIRE THE VACATION, NO NEED FOR SUCH A VACATION HAS BEEN SHOWN. MR.THURM MOVED TO RECOMMEND THAT THE VACATION BE DENIED. MR. FEEMAN SECONDED MOTION. VOTE ON THE MOTION WAS AS FOLLOWSs IN FAVOR, MR. RUSSELL, MR. THORN, MR.FEEMAN,' AND MR. WINCHESTERS OPPOSED, MR. RANDELS. MOTION CARRIED. FOLLOWING THE REGULAR MEETING, AN INFORMAL DISCUSSION TOOK PLACE REGARDING THE GREENBELT AND THE�REZONING REQUESTION ASTRONAUT BOULEVARD. MR. GUNN REPORTED THAT .ACCORDING TO THE CITY CHARTER,CONTINGENCIES, SUCH AS A GREENBELT, CANNOT BEHELD AS PART OF THE 'REZONING REQUEST UNLESS IT IS REOURED OF. OTHER PROPERTIES IN THE SAME DISTRICT. MR. GUNN ALSO POINTED OUT A PROBLEM WITH EASEMENTS, WHICH CAN. BE BUILT UPON, AS THE CURRENT ORDINANCE IS WRITTEN. HE WILL DRAFT A PROPOSAL FOR THE BOARDIB CONSIDERATION. HR.. FEEMAN MOVED TO ADJOURN THE MEETING. MR. WINCHESTER SECONDED NOTION. MOTION CARRIED UNANIMOUSLY.. THERE 'BRING NO FURTHER' BUSINESS, THE MEETING WAS ADJOURNED, AT. 9:20 'P.M. APPROVED THIS DAY OF �nt)Q��,__r 1986. 'A"4L AM! CHAIRMAN KATI PF N, SECRETARY FLAM{ M i Kom BOARD manT G UO3MM 11, 1985, PAIS* 3 OF 3 0 'ILE COPY PLANNING AND ZONING BOARD REGULAR MEETING NOVEMBER 27, 1985 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS ,HELD ON NOVEMBER 27, 1985 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 LAMB RUSSELL CHAIRMAN ROCKY RANDELS 'VICE CHAIRMAN CHRIS BECK ROCKNEY FEEMAN RICHARD THURM WILLIAM WINCHESTER FIRST ALTERNATE OTHERS PRESENTt' JAMES THERIAC CITY ATTORNEY ARTIE GUNN. t I .,.BUILDING OFFICIAL BARBARACASCELIA SECRETARY MEMBERS ABSENTt HELEN FILKINS SECOND,ALTERNATE MR. RANDELS MOVED TO APPROVE THE. MINUTES OF THE MEETING OF NOVEMBER 13., 1985. MR. FEEMAN SECONDED NOTION. NOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. RBOUEST NO. 85-18 - VARIANCE TO CONSTRUCT RESI NT' WEL LING SEAWARD OFTNE PE CANAVERAL ST IE! VOO,NNSST UCTIO SETBACK INE - E .{.TWP S. RGE E BLOCK N BY THE (LOCATED ON THE OCEAN0 EN WASHINGTONiADAMS AVE). PETITIONERS JON C. W NDd RST i RODNEY H.: D 6TPONBD CHAIRMAN RUSSELL OPENED THE DISCUSSION BY STATING THIS, REQUEST HAD BEEN POSTPONED FROM THE NOVEMBER 3RD. PLANNING AND. ZONING BOARD, MEETING SO THAT THE BOARD COULD REVIEW THE BREVARD COUNTY EROSION STATISTICS AS THEY APPLY TO 'THE ZONING. ORDINANCE. THE BOARD DISCUSSED THE COUNTY STATISTICS FOR 'CAPE CANAVERAL, SPECIFICALLY BETWEEN MONUMENT NOS 7 AND 9. THE .BOARD MEMBERS WERE UNCLEAR AS TO BOW THEY SHOULD INTERPRET THESE FIGURES IN RELATIONSHIP TO THE ZONING ORDINANCE SEC. 635.25. DISCUSSION CONTINUED WITHRESIDENT BRIAN BUSSEN. MAYOR PRO TEN JOHN WINCHESTER AND MAYOR PATRICK LEE DISCUSSING EROSION AND BEACH RE -NOURISHMENT. PLANNING i ZONM BOARD MEETING NOM104M 27, 1985 PAGE 1 OF 4 0 0 CITY ATTORNEY JAMES THERIAC NOTED THAT HE WAS ALSO UNCLEAR w THE INTENT OF THE ORDINANCE, WHETHER IT MEANS ACTUAL BEACH F.ROSION OR TAKES INTO CONSIDERATION BEACH RE -NOURISHMENT. AFTER 'A DISCUSSION, MR- FEEMAN MOVED TO POSTPONE THIS REQUEST AND ALSO. ITEM I UNDER NEW BUSINESS,. UNTILTHE FOLLOWING CAN BE ACCOMPLISHED, 1. REQUEST WRITTEN CLARIFICATION 'FROM COUNCIL ON THE APPARENT CONFLICT BETWEEN PARAGRAPHS 635.25,D.2.0 AND 635.25 D.3. _ 2. INTERPRETATION OF 'BREVARD COUNTY EROSION DATA TABLES - HOW Do PAGES 1 OF 9 AND.6 OP 9 RELATE? 3. ESTABLISH DEFINITION OF EROSION - SPECIFICALLY WHERE BEACH WAS REPLENISHED BY PORT DREDGING. MISS BECK SECONDED MOTION, MOTION CARRIED. UNANIMOUSLY. NEW BUSINESS ITEM 1. RE VEST NO. VARIANCE O THNSCAUCT ANA DRAT RE E I TWp S COASTAL ONSTRUCTIBON K TBACAVO NEY THEC ( ATED RGE LOT O TH EA B TWEEN FPER O i DAMS AVE . ' PETITIONER ARE DAV D.AND DONALD NAYNE6 THIS ITEM WAS ADDRESSED EARLIER IN THE MEETING. ITEM 2. R UEST'NO. 85-20 - SPECIAL EXCEPTION TO CONSTRUCT RE IO CE N Z N IO ND WEpT2i RGE 35— BLOCK AVON BY THE SEA SEC LOC TED OH R I ON PET TI NER TS A. . BAUREI6 POFRED E L JR. ND AUL NE REEBA MR., FEEMAN MOVED FOR APPROVAL. MR. THORN SECONDED MOTION. DISCUSSION FOLLOWED. MOTION PASSED UNANIMOUSLY. ITEM 3, MOTION REI VACATING 12 FOOT ALLEYWAY BETWEEN HARRTSONAND TYLER AVENUES BLOCK 0. PETITIONER IS JAMES PEEP E6 OR C FORD A. SCHILL SR. AN BEACHPARK NC. MR'. RANDELS MO OR DISCUSSIOH OF VACATION. MR THUS SECONDED MOTION,. ATTORNEY JAMES PEEPLES WAS PRESENT AND SPOKE ON BEHALF OF BEACHPARK, INC. STATING THAT THE ALLEYWAY BETWEEN BAR BISON AND TYLER AVENUES WOULD BE USED FOR ADDITIONAL PARKING AREA FOR A_ PROPOSED. CONDONINIUN COMPLEX. HE FURTHER NOTED THAT THE ALLEY HAS NEVER BEEN USED FOR TURD TRAFFIC AND IS AN EYE SORE TO THE CITY BECAUSE TRASK IS CONSTANTLY BEING DUMPED THERE., MR. HUGH SNYDER OF BEACHWALX, INC. EXPLAINED TO THE BOARD THAT HIS SITE PLAN WAS BEING FINALISED AND HE DID NOT HAVE IT AS YET. : pllStilNG i fWBIC BOARD MEETING NU/ENHIR 27, 1985 PAGE 2 OF Mk. THUkM MOVED TO POSTPONE UNTIL APPLICANT CAN PROVIDE f:.AtiS ON LOCATION AND TYPE OF BUILDINGS TO BE BUILT ON PROPERTY. Mi,. RANDELS SECONDED MOTION. MOTION FOR POSTPONEMENT PASSED UNANIMOUSLY. ITEM 4. FINAL PLAT APPROVAL OCEAN MIST, 21-UNIT TOWNHOUSE, N.W. CORNER. OPCHANpLER $TR ET AND RIDGEWOOD AVENUE MR. RANDELS MOVED FOR FINAL PLAT APPROVAL. 'MR. THORN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 5.'DISCUSSION REs PROPOSED ZONING AMENONENT6 SECTION 6T2. 0 1f 39.2 SETBACK REGULATIONS THE BOARD MEMBERS REVIEWED THE PROPOSED ORDINANCE. d.. AFTER i)ISCUSSION, MISS BECK MOVED TO RECOMMEND THE PROPOSED ZONING AMENDMENTS TO CITY COUNCIL FOR REVIEW. MR. FEEMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 6. DISCUSSION REs60UTHERN BSLL'S RE VEST TO AMEND SECTION OF THE ZONING ORDINA CE MR. DAN MENDEZ, SUPERVISOR WITH SOUTHERN BELL, WAS IN ATTENDANCE AND EXPLAINED TO THE BOARD THAT SOUTHERN BELL HAD PLACED AN UNDERGROUND VAULT. USED AS A SWITCHING STATION AT THE SOUTHEAST CORNER OF TREASURE ISLAND CLUB. HE FURTHER NOTED THAT SOUTHERN BELL REQUESTS A' PERMITTED APPLICATION. THROUGHOUT THE CITY. ... SINCE THIS IS NOT IN COMPLIANCE WITH CITY ZONING ORDINANCE 639.21, THE BOARD AND BUILDING OFFICIAL DISCUSSED PROPOSING ANEW ORDINANCE (639,219). SOUTHERN BELL'S RECOMMENDATION FOR THE. NEW ORDINANCE IS AS, FOLLOWSs "A STRUCTURE SUCH AS AN UNDERGROUND VAULT OR AMANHOLE MAY BE PLACED WITHIN THE50—FOOT SET—BACK LIMIT AS PRESENTLY NOT BEING ACCOUNTED FOR IN 638.21 AND 639.23. THE .ABOVE GROUND PORTIONS OF THESE STRUCTURES CANNOT EXCEED SIX (6) FEET IN HEIGHT AND CANNOT EXCEEO 400 SQUARE FEET.", THE BOARD MEMBERS FURTHER DISCUSSED TREATING THIS REQUEST AS A VARIANCE OR SPECIAL EXCEPTION.,. .AFTER ADISCUSSION, THE, BUILDING OFFICIAL AND CITY. ATTORNEY WEREDIRECTED BY THE BOARD TO WORK ON A PROPOSAL FOR A ZONING ORDINANCE CHANGE. MR.'RANDELS S0. MOVED. MR. THURN SECONDED: NOTION. THE NOTION PASSED., UNANIMOUSLY. PLANNING i ZONING HOMO MELTING NOVEMBER 27, 1985 PAGE IOF 3 0 0 ITEM 7. PRESENTATION RE: THE STATE AND REGIONAL PLANNING COUNCIL ACT (CHAPTER 186 FLORIDA STATUTES) - NEW LEGISLATION AND COASTAL RESTRAINTS PLANNING AND ZONING BOARD REGULAR MEETING NOVEMBER 13, 1985 A REGULAR. MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON NOVEMBER 13, 1985 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 PRESENT: LAMAR RUSSELL CHAIRMAN ROCKY RANDELS VICE: CHAIRMAN. CHRIS BECK. ROCKNEYFEEMAN RICHARD THORN WILLIAM WINCHESTER FIRST 'ALTERNATE HELEN'FILRINS SECOND ALTERNATE OTHERS PRESENT: JAMES THERIAC CITY ATTORNEY ARTIS GUNN.'BUILDING OFFICIAL KATHY PFIRMAN SECRETARY MR. FEEMAN MOVED TO APPROVE THE MINUTES or THE MEETING OF OCTOBER 23, 1985. MR. THORN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 1. RE VEST 85-13 REZONING APPLICATION FROM Rr3 TO C- 5EO, TWP S R EE EAST FEBT OF TRACT GATED WEST DE OF ASTRONAUT BLVD. A NEARORTHERH C TY LIMITS- PETITIONER IMITS- PE IT ER IS GEORGE . FIRKIN I JR. FORE=E CO INC. CHAIRMAN RUSSELL OPENED. THE DISCUSSION By GIVING A BRIEF HISTORY OF THIS ITEM- THE LOCAL PLANNING AGENCY HAD CONSIDERED THE REZONING AND HAD RECOMMENDED A.LAND USE CHANGE PROM R-3 TO C-1. MR. GUNN PRESENTED `THE BOARD WITH A PROPOSAL REGULATING THE GREENBELT.. A DISCUSSION REGARDING THE GREENBELT AS IT. RELATES TO THIS ITEM FOLLOWED. MR. FEEMAN MOVED TO RECOMMEND REZONING THE TRACT AS DESCRIBED IN RESOLUTION NO. 85-61, PLUS ATTACHMENTS,'. FROM R-3 TO C-1. MR. RANDELS SECONDED MOTION. MOTION PASSED' UNANIMOUSLY, ITEM 2. REQUEST NO. -85 -18 -VARIANCE TO CONSTRUCT' RESIDENTIALE I EA AR OF T E CAPE CANAVERAL COAST—ArTWSTR O E AC INE SEC SEC. 4_ S RGE E,. LO'I'N— R. L TED D 6 N BETWEEN' G AVE: PETI O JO C.W O AND RO EY H. 00 PLANNING i ZONING BOARD REGULAR MEETING NOVEMBER 13, 1985 PAGE 1 OF 2 MR. WINDHORST APPEARED BEFORE THE BOARD AND EXPLAINED THAT IF HE WERE FORCED TO OBSERVE THE SETBACK' LINE. ITIS PROPERTY WOULD BECOME UNBUILDABLE. HE FURTHER NOTED fit OWNED THE, PROPERTY FOR SEVEN YEARS AND WOULD LIKE TO BUILD A TWD -STORY TOWNHOUSE. BOARD MEMBERS CONSULTED .THE CITY: ORDINANCE AND FOUND THAT PROVISIONS HAVE BEEN MADE FOR VARIANCES TO THE COASTAL CONSTRUCTION SETBACK LINE. 'MR. GUNN POINTED OUT THAT THE ORDINANCE REQUIRES THAT EROSION FROM SEPTEMBER 1972 TO FEBRUARY 1985 NEEDS To BE ESTABLISHED. IF THE EROSION IS 25 FEET OR GREATER, NO VARIANCE MAY. BE GRANTED. HOWEVER, .IF THE EROSION IS LESS THAN 25 FEET, A VARIANCE FOR THE DIFFERENCE. MAY BE. GRANTED. MR. GUNN REPORTED THAT THIS DOCUMENTATION BAD NOT BEEN SUBMITTED'. MR. RANDELS MOVED TO POSTPONE THIS ITEM UNTIL THE, NEXT MEETING SO THAT MR" WIND HORST COULD SUBMIT THE NECESSARY INFOR.- MIATION. MR. THURM,SECONDEO MOTION. MOTION PASSED ,UNANIMOUSLY. ITEM 3. PRELIMINARY PLAT APPROVAL CAROLINE CORNERS, UNITS. LOT 1, LOCK CANAVERAL 6EACH GARDENS, A AT EROF ROL NE AND ROSALIND - WILLIAM AND THEA63A MC ARA THE BOARD REVIEWED. THE PRELIMINARY,PLAT AND FOUND EVERYTHING 1N ORDER. MR. RANDELS MOVED TO APPROVE THE PRELIMINARY; PLAT: MR. FEEMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. AN INFORMAL DISCUSSION ENSUED REGARDING THE GREENBELT. ,THIS ITEM WILL BE ON THE AGENDA FOR THE NEXT MEETING. MR. RANDELS REPORTED ON SEMINARS HE ATTENDED ON GROUP DYNAMICS AND ON PARLIAMENTARY PROCEDURES AND. ETHICS.'. HANDOUTS WERE DISTRIBUTED. MR. FEEMAN MOVED TO ADJOURN. MS. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. THE MEETING WAS ADJOURNED AT 9100 P.M. APPROVED THIS 2•iTM DAY OF ����'r�- .. 1985. Secreta? ,S PLANNING i ZONING BOARD REGULAR .MEETING NOVEMBER 13, 1985 PAGE 2 OF 2 PLANNING AND ZONING BOARD REGULAR MEETING OCTOBER 23, 1985 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD 027 OCTOBER 23, 11985 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 PRESENT. WERE1 LAMAR RUSSELL CHAIRMAN ROCKY. RANDELS VICE CHAIRMAN CHRIS-BECK ROCKNEY FEEMAN RICHARD THURM WILLIAM WINCHESTER FIRST ALTERNATE. MEMBERS ABSENTi HELEN FILKINS SECOND ALTERNATE OTHERS PRESENTi JAMES THERIAC CITY ATTORNEY ARTIS GUNN BUILDING . OFFICIAL JEFFREY ECKLEY CODE ENFORCEMENT OFFICER KATHY PFIRMAN SECRETARY MR. RANDELS MOVED TO ACCEPT THE MINUTES OF OCTOBER 9, 1985. MR. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. REVIEW OF PROPOSED ORDINANCE AMENDING SEC. 639.61, EART TA O A E A G O MR. THURM MOVED TO CONSIDER ITEM I AT THE END OF NEW BUSINESS. MR, PEEMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1.VEST °N0. "-17 - SPECIAL EXCEPTION TO CONDUCT AU - S D NTALS IN A C- ONE TWP. AGE. E PARCEL LOC TE AT 99 AIT RO VT BOULEVARD -PETITIONER IS DWNER,'BRUCE TAYLOR MR. TAYLOR EXPLAINED THE NATURE OF-HIS BUSINESS WAS THAT OF WHOLESALE AUTO SALES., HE INDICATED THAT HE SELLS TO DEALERS AMD DOES NOT CONDUCT BUSINESS WITH THE GENERAL PUBLIC. THE BOARD ASKED QUESTIONS OF MR. TAYLOR AND DISCUSSED THE BUSINESS. :AFTER DISCUSSION, MR. RANDELS MOVED TO RECOMMEND APPROVAL TO THE BOARD OF ADJUSTMENT FOR A SPECIAL EXCEPTION TO CONDUCT WHOLESALE AUTO SALES. NOT TO:INCLUDE.RENTALS, WITH A MAXIMUM OF PLANNING i ZONING BOARD REGULAR MEETING OCTOBER 23, 1985 PAGE 1 OF 3 !GO VEHICLES ON THE PROPERTY AT ANY TIME, CONTINGENT UPON THE ERECTION OF A PERMANENT FENCE. IN ADDITION, NO VEHICLE IS TO BE PARKED WITHIN THE, EAST 25 .FEET OF THE REQUIRED FRONT SETBACK. ^IR. THURM SECONDED MOTION: NOTION PASSED UNANIMOUSLY. ITEM 2. FINAL PLAT APPROVAL 3-UNIT TOWNHOUSE SANDY - ^ ALP OF T g - AVO BY T E A ED B,LOCK OF jEFFE UN AVE E - EV MAG IRE THE, BOARD REVIEWED THE FINAL PLAT AND FOUND EVERYTHING IN ORDER. MR. RANDELS. MOVED TO APPROVE. THE FINAL 'PLAT. - MR. FEEMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY.. ITEM 3. SITE PLAN APPROVAL IMPERIAL RESEARCH ADDITIION, W T C RAL OULE AAD - ED D MR. GUNN REPORTED THAT THE CITY ENGINEER HAD ASKED THAT THE PARKING CONFIGURATION BE CHANGED. MR. HRADESKY ARGUED AGAINST THIS CHANGE, SAYING IT CREATED A PROBLEM WHEN TRUCKS WERE UNLOADED. THE BOARD ASKED THAT MR. HRADESKY AND MR, GUNN COME TO AN AGREEMENT REGARDING THE PARKING CONFIGURATION. MR. RANDELS MOVED TO APPROVE THE SITE PLAN. MR.`.FEEMAN SECONDED MOTION. NOTION PASSED UNANIMOUSLY. ITEM 4. SITE PLAN APPROVAL CAPE FLORIST ADDITION' 6799 ORT A T AVE. - B RT F - MR, FRANCIS STATED THAT HE PLANS TO ADD AN ADDITION ON TO HIS PRESENT BUILDING, AND ALSO A SEPARATE STORAGE BUILDING, MR. GUNN INDICATED THAT HE HAD NO PROBLEM WITH THE SITE PLAN. FOLLOWING DISCUSSION, MR. RANDELS MOVED TO APPROVE THE SITE PLAN. MS. BECK SECONDED MOTION. NOTION. PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM I- REVIEW OF PROPOSED ORDINANCE MENNDING SEC. 639.61,. FART T IO THE BOARD DISCUSSED THE PROPOSED ORDINANCE. THE CITY ATTORNEY AND THE BOARD AGREED ON THE FOLLOWING CHANGESI. (1) ITEM (C) DELETE THE WORDS "ANY POSSIBILITY OF° (2) THE LAST SENTENCE OF ITEM E SHOULD BE DELETED AND REPLACEDWITH: "COMPLIANCE WITH THE SIDE SETBACK IS. REQUIRED, REARSETBACK .SHOULD BE COMPLIED WITH EXCEPT WHEN. COMPLIANCE PREVENTS INSTALLATION". PLANNING i ZONING 'BOARD.. REGULAR MEETING .00TOBER 23, 1995 PAGE 2 OF 3 i � � PLANNING AND ZONING BOARD FILE Copy MEETING OCTOBER 9, 1985 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON OCTOBER 9, 1985 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 PRESENT WERES LAMAR RUSSELL .CHAIRMAN ROCKY RANDELS :VICE CHAIRMAN CHRIS BECK !' ROCKNEY FEEMAN RICHARD THORN WILLIAM WINCHESTER FIRST ALTERNATE HELEN FILKINS SECOND ALTERNATE. OTHERS. PRESENTt - JAMES THERIAC " CITY ATTORNEY 'JEFFREY ECKLEY CODE ENFORCEMENT OFFICER KATHY,. PFIRMAN "SECRETARY MR. FEEMAN MOVED TO APPROVE THE MINUTES OF THE MEETING OF SEPTEMBER 25, 1985. MS. BECK. SECONDED. MOTION. MOTION PASSED. UNANIMOUSLY UNFINISHED BUSINESS ITEM 1. REVIEW OF ORDINANCE AMENDING C-1ZONING CLASSIFICATION BE PARTIALLY EXERPTING ONE AND TWO pSTiUCTUREs FROM THE FIRE DISTRICTNDING 'SEC.E ACRITERIA FOR. STRICTED E p T A E - ONE . POSTP 6 BOARD MEMBERS DISCUSSED RELAXING THE FIRE DISTRICT REQUIREMENTS FOR RESIDENTIAL DEVELOPMENT LOCATED. ON C-1 PROPERTY. MR.. MURPHY REITERATED THE FACT THAT THE CURRENT ORDINANCE WOULD REQUIRE HIM TO BUILD A STRUCTURE WITH AN EXTERIOR OF STUCCO, METAL, OR FIRE - TREATED WOOD. DISCUSSION FOLLOWED, MR. RANDELS MOVED TO POSTPONE THIS ITEM UNTIL THE END OF.THE MEETING. MR. THURM SECONDED MOTION.. MOTION PASSED UNANIMOUSLY. ITEM 2. NOTION RESVACATING ALLEYWAY ELK 68 BETWEEN p - pp P ONED PER THE CITY CLERK, MR. RANDELS MOVED TO TABLE THIS ITEM, MR. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY.; PLANNING :ZONING BOARD REGULAR. MEETING. OCTOBER 9, 1985 PAGE OF 3 ITEM 3. DISCUSSION RE= AMENDING SEC. 639.61 EARTH STATION ANTENNA REGULATIONS POSTPONED 9-25 - BOARD MEMBERS DISCUSSED AMENDING THE CURRENT 'ORDINANCE DUE TO THE FACT THAT IT EFFECTIVELY PREVENTS ADEQUATE, RECEPTION. THE CITY ATTORNEY WAS ASKED TO DRAFT AN ORDINANCE WHICHWOULDs (1) CHANGE THE HEIGHT: REQUIREMENT TO BE THE MINIMUM HEIGHT REQUIRED TO OBTAIN SATELLITE TRANSMISSION) (2) STRENGTHEN ENGINEERING REQUIREMENTS)(3)CHANGE THE MAXIMUM DIAMETER IN RESIDENTIAL ZONES TO l0', AND FOR COMMERCIAL ZONES, 12'1.(4) REQUIRE CORROSION -RESISTANT 14ATERIALS'BE UTILIZED AS WELL AS A CONCRETE BASE. NEW BUSINESS ITEM 1, PRELIMINARY PLAT APPROVAL -BARNES AND HAYNES RE-SUBDIVIS OH. SiX NI S N.W. USHER OF JEFFERSON AND RIDGEWOODVE ON D t1AYNE5 AND BILL BARNES MR. ECKLEY INDICATED THAT THE PLAT COMPLIED WITH ORDINANCE REQUIREMENTS. FOLLOWING REVIEW, MR, FEEMAN MOVED TO RECOMMEND APPROVAL OF. THE PRELIMINARY'PLAT. MS., BECK 'SECONDED' NOTION,' MOTION PASSED UNANIMOUSLY. ITEM 2. REQUEST NO. 85-16 VARIANCE TO SEC. 637.25R-2 AREA AND D ME 6ION REGULATION SEC: TWP 24S, PETITIONERS O ERS1 ROBERT AND JYTWZ bWIZK MR. STYER APPEARED BEFORE THE BOARD TO ASK THAT A VARIANCE BE GRANTED To ALLOW A 640 SQUARE. FOOT' LIVING AREA FOR ':A FAMILY DWELLING. THE CURRENT ORDINANCE REQUIRES THAT DWELLING IN R-2 HAVE AT LEAST 1100 SQUARE 'FEET. MR.'. STYER' ARGUED THAT AS HIS LOT IS A SMALLER NON -CONFORMING LOT, A SMALLER HOOSE WOULD BE MORE ATTRACTIVE ON THIS PROPERTY. HE ALSO PRESENTED A MAP SHOWING NEARBY STRUCTURES WITH THEIR APPROXIMATE SQUARE FOOTAGE. HE STATED THAT SOME OF THESE STRUCTURES ARE LESS THAN THE REQUIRED 1100 SQUARE. FOOT MINIMUM. BOARD MEMBERS DISCUSSED THIS VARIANCE IN .LIGHT OF THE DEFINITION OF HARDSHIP. MR. STYER CLAIMED THAT HIS HARDSHIP WAS PLANNING f ZONING BOARD REGULAR MEETING OCTOBER 9�. 1985 PAGE 2. OF 3 0 0 THAT HIS RETIREMENT INCOME DID NOT ALLOW HIM TO BUILD AN 1100 SQUARE, FOOT HOME.. CHAIRMAN RUSSELL POINTED OUT THAT THE HARDSHIP MUST BE PECULIAR TO THE LAND, STRUCTURE, OR., BUILDING INVOLVED. MR. THURM EXPLAINED THAT GRANTING OF THIS VARIANCE WOULD, BE GRANTING A SPECIAL PRIVILEGE,. AND THAT IF THIS VARIANCE WERE GRANTED, OTHERS WISHING TO BUILD LESS THAN MINIMUM SQUARE FOOTAGE WOULD HAVE TO BE: ALLOWED BECAUSE THIS WOULD SET A PRECEDENT. CITY ATTORNEY, JAMESTHERIAC NOTED THAT THE BOARD COULD NOT LEGALLY RECOMMEND. APPROVAL OF THIS VARIANCE. MR. RANDELS MOVED TO RECOMMEND DISAPPROVAL TO THE BOARD OF ADJUSTMENT. MR, FEEMAN' SECONDED MOTION. MOTION PASSED UNANIMOUSLY. AT THIS TIME, THE BOARD CONTINUED DISCUSSION OF .ITEM 1 UNDER UNFINISHED BUSINESS. BOARD MEMBERS QUESTIONED THE NEED TO AMEND THE REQUIREMENTS OF THE FIRE DISTRICT FOR RES IDENTIAL : USAGE. IT WAS POINTED OUT THAT IT IS THE BUILDER'S CHOICE TO .BUILD RESIDENTIAL STRUCTURES ON C-1 PROPERTY, MS. BECK MOVED TO TABLE THIS ITEM. MR. FEEMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS', THE MEETING WAS ADJOURNED AT 10:30 P.M. APPROVED THIS 23 - DAY OF OC.To$ 1985. cfxawrman L� tiecretafy .PLANNING i ZONING BOARD REGULAR MEETING. OCTOBER 9, 1985 PAGE 3 OF 3 0 • FILE COPY PLANNING AND ZONING HOARD REGULAR MEETING SEPTEMBER 25, 1985 A REGULAR. MEETING OF THE PLANNING AND ZONING BOARD WAS HELD 07 SEPTEMBER 25, 1985 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 PRESENTS' - LAMAR RUSSELL CHAIRMAN ROCKY RANDELS VICE-CHAIRMAN ROCKNEY FEEMAN RICHARD. THURM FIRST ALTERNATE WILLIAM WINCHESTER SECOND ALTERNATE, HELEN FILKINS S MEMBER ABSENTI CHRIS BECK OTHERS PRESENT: MARK PETERS ACTINO CITY ATTORNEY JEFFREY ECKLEY. CODE ENFORCEMENT. OFFICER ARTIS GUNK - BUILDING OFFICIAL KATHY.PFIRMA14 SECRETARYI MR. FEEMAN MOVED TO APPROVE THE MINUTES OF SEPTEMBER 11, 1985. !R. RANDELS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS. ITEM 1. REVIEW OF .ORDINANCE AMENDING C-1 ZONING CLA SI ICA IO SE PART LY E EMP I O E TWO F, Y R CT RE FROM HE RE ISTRICT N SEC. L BY S A LING CRTRERIAS DOR RES RI EDO NE F E LOCA E A ull F.5 THIS WAS A CONTINUATION OF A DISCUSSION FROM THE PREVIOUS. MEETING. MR. MURPHY AGAIN STATED THE PROBLEM. .,DUE TO THE RE- :UIREMENTS OF ,THE FIRE DISTRICT, HE MUST BUILD HIS RESIDENTIAL BUILDING, LOCATED IN A C-1 LONE, WITH VERY LITTLE EXPOSED WOOD. IT WAS HIS CONTENTION THAT THIS WOULD RESULT IN AN UNATTRACTIVE STRUCTURE. BOARD MEMBERS DISCUSSED THE ORDINANCE. SEVERAL OPTIONS WERE PROPOSED. MR. RANDELS SUGGESTED EXCLUDING EXTERIOR WALLS WHICH ABUTTED A. STREET, EXCLUDING EXTERIOR WALLS WHICH ABUTTED'A STREET, REQUIRING A SIXTEEN -FOOT SETBACK- MR, FEEMAN PROPOSED A,100 FOOT PLANNING i ZONING BOARD ;REGULAR MEETING SEPTEMBER 25,. 1985, PAGE OF 3 ItC Pi ER AREA AROUND THE PROJECT. MRS, FILKINS REQUESTED THAT 'd R. MURPHY WRITE DOWN HIS PROPOSAL FOR THE NEXT MEETING. AS NO CONSENSUS. WAS REACHED, MR. FEEMAN MOVED. TO POSTPONE THIS ITEM UNTIL THE I NEXT MEETING. MR. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY.,, CHAIRMAN RUOSELL'ASKED THAT THE BOARD REVIEW SECTION. 637.61 PARAGRAPH (L) AT THE NEXT MEETING. NEW BUSINESS ^ITEM 1. MOTION RE; VACATING ALLEYWAY ELK -68 SETWEEN OT A S 5 AND 10. CHARLES LCOMB FOR S EY P. BY LETTER TO THE CITY CLERK, THE PETITIONER ASKED FOR A POSTPONEMENT UNTIL THE MEETING OF OCTOBER 8, 1985, ITEM 2. MOTION RE%VACATING 5 FOOT UTILITY EASEMENT ON LOTS OF RRA. SNAR E A L P S AWN— "BY—T E -SEA PETIT ONER IS CLIFF RAY., OWNER MR. RAY EXPLAINED THAT.HE HAD ESTABLISHED THIS. UTILITY EASEMENT PRIOR TO CONSTRUCTING HIS SECONDBUILDING. THIS 'SECOND BUILDING IS SOMEWHAT CLOSER TO THE STREET THAN HE, HAD ORIGINALLY PLANNED, AND THE EASEMENT NOW RUNS THROUGH THE BUILDING. MR. RAY WISHED TO HAVE'THIS EASEMENT VACATED, "AND HE WILL ESTABLISH A ,NEW EASEMENT. MR. RANDELS MOVED TO VACATE TBE CURRENT UTILITY EASEMENT CONTINGENT UPON A NEW EASEMENT BEING ESTABLISHED. MR. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 3. DISCUSSION REe. AMENDING SECTION 639.61 -EARTH STATIO A TENNAGULA O Off NS LLOYD, CHAIRMAN OF THE BOARD OF ADJUSTMENT, MADE A PRESENTATION BEFORE .THE BOARD. RECENTLY, A VARIANCE REQUEST, REGARDING AN EARTH STATION WAS BROUGHT BEFORE THE BOARD OF ADJUSTMENT. CHAIRMAN LLOYD EXPLAINED THAT THE REQUEST HAD TO BE DENIED; HOWEVER, HE URGED THAT THE ORDINANCE BE REVIEWED.' IT IS HIS CONTENTION THAT THE CURRENT ORDINANCE VIRTUALLY. PROHIBITS EARTH STATIONS. PLANNING L ZONING BOARD REGULAR MEETING SEPTEMBER 25, 1985 PAGE 2 OF 3 0 • MR. ADAMS PRESENTED THE BOARD WITH INFORMATION INDICATING THAT A 10 FOOT DISH IS THE MINIMUM REQUIRED TO OBTAIN GOOD RECEPTION 'IN THIS AREA. THIS ITEM WILL BE DISCUSSED AT THE NEXT MEETING. MR. GUNN WILL OBTAIN COPIES OF THE EARTH STATION ORDINANCE FROM ROCKLEDGE,, TITUSVILLE AND COCOA BEACH. ITEM 4.. ELECTION OF OFFICERS MR. RANDELS NOMINATED MR. .RUSSELL "AS CHAIRMAN. MA, FEEMAN. SECONDED 'NOMINATION. MR. THURM MOVED TO CLOSE NOMINATIONS. MR. RUSSELL WAS ELECTED BY ACCLAMATION. MR. THURM NOMINATED MR. RANDELS FOR VICE CHAIRMAN. MR. FEEMAN SECONDED MOTION. MR. FEEMAN NOMINATED MS. .BECK FOR VICE CHAIRMAN.. -.MR. RANDELS SECONDED MOTION. THE FOLLOWING MEMBERS VOTED FOR MR.RANDELSt MR. RUSSELL, MR. RANDELS, MR.. THURM AND MR. WINCHESTER. MR.-PEEMANVOTED FOR MS. BECK. ROCKY RANDELS WAS ELECTED AS VICE CHAIRMAN. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9:45 P.M. APPROVED THIS—DAY OF OLA-bPi , 1985. ' 71AN 3�ia�Ma ite,Ll U" Cnamrmain sec to PLANNING : ZONING BOARD REGULAR MEETING SEPTEMBER 25, 1985 PAGE 3 OF 3 • * FILE COPY PLANNING AND - BOARD REGULAR MEETING SEPTEMBER 11, 1985 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON SEPTEMBER 11, 1985 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 HELEN FILKINS SECOND ALTERNATE MEMBER ABSENTS WILLIAM WINCHESTER FIRST ALTERNATE'S OTHERS PRESENT s' _ DAN ENNIS '. ACTING CITY ATTORNEY JEFFREY ECKL£Y CODE ENFORCEMENT OFFICER JEFFREY GUNK BUILDING OFFICIAL ARTIS KATHY. PFIAMAN - SECRETARY. MR. RANDELS MOVED TO APPROVE.. THE MINUTES OF THE. MEETING;OF AUGUST 28, 1985.MR. FEEMAN. SECONDED MOTION. MOTION PASSED UNANIMOUSLY.. UNFINISHED BUSINESS ITEM '1. REQUEST TO VACATE 401 PROPOSED BANANA RIVER ERTEN 0 DJACE T ST OF B L D' I ANSON STAT O SEC.' P ELS I PETITIO EAS OWNE-83TR J MORR P S POE — MR. ADAMS, EXPLAINED THAT THE .VACATION WAS DESIRED BECAUSE MONITORING WELLS MUST GO IN, AND .ALSO ADDITIONAL SPACE IS NEEDED TO PARK RENTAL TRUCKS. HE STATED THAT A VACATION BAD BEEN. GRANTED. SEVERAL YEARS AGO, BUT HAD EXPIRED BECAUSE PROOF PF OWNERSHIP HAD NEVER BEEN. PROVIDED TO THE CITY. BOARD MEMBERS WERE HESITANT TO GRANT THE VACATION BECAUSE A SERVICE ROAD MIGHT BE NEEDED IN TOT AREA, AS THE. pOPULATION INCREASES. AFTER DISCUSSION, MR. RANDELS MOVED TO RECOMMEND THAT THE VACATION BE DENIED, BUT THAT THE PETITIONER REQUEST THAT. THE PLANNING &ZONING BOARD REGULAR MEETING .SEPTEMBER 11, 1985 PAGE 1 OF 2 CITY MANAGER ALLOW USE OF THE LAND WITH LIMITED LIABILITY ON THE CITY'S BEHALF. MR. FEEMAN SECONDED MOTION.. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1. REVIEW OF ORDINANCE AMENDING C-1°ZONING CLAS F A0 C SY PART ALLY. �4G OATS O PAN6 SFR C ROM FIRE DISTRICT AND ME141JA-uEC L) BY-ESTABLISHI14G CR TERIA FOR E)-F-DWELLING STRUCTURES Ag c-1 ZONE.. CHAIRMAN RUSSELL READ. THE. PROPOSED ORDINANCE AND OPENED THE FLOOR FOR DISCUSSION-' MR, MURPHY STATED THAT HE FELT THE PROPOSAL DID NOTHING TO SOLVE MIS PROBLEM,' HE SUGGESTED THAT AN OPTION BE GIVENi EITHER A_. 16', SETBACX,FROM THE EXTERIOR PROPERTY LINE BE OBSERVED,, OR A ONE HOUR FIRE WALL REQUIRED MR. GUNN STATED TRAT HE WAS CONCERNED THAT TNS INTEGRITY OF THE FIRE DISTRICT MIGHT BE VIOLATED- THE BOARD DECIDED, THAT IT. WOULD BE PRUDENT TO 'DISCUSS THE ITEM FURTHER AT THE NEXT MEETING. MR. THURN MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING, MR. RANDELS SECONDED MOTION.. MOTION PASSED UNANIMOUSLY. CHAIRMAN RUSSELL REMINDED THE BOARD THAT OFFICER ELECTIONS WILL BE COMING UP SOON. THERE.. BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:50 P-M. APPROVED THIS _45"I DAY OF co 0ekthe, 1965. a rman e tarr PLANNING i ZONING BOARD REGULAR NESTING SEPTENBER 11, 1985 PAGE 2 OF R. 0 0 FILE COPY PLANNING AND ZONING BOARD REGULAR MEETING AUGUST 28, 1985 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON AUGUST 28, 1985 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 WZREI r LAMAR RUSSELL CHAIRMAN ROCKY RANDELS VICE-CHAIRMAN RICHARD THURM CHRIS BECK - ROCKNEY.FEEMAN WILLIAM WINCHESTER FIRST ALTERNATE HELEN FILKINS ! SECOND ALTERNATE OTHERS PRESENTt ARTIS'GUNN BUILDING 'OFFICIAL 'JEFFREY EKCLEY CODE ENFORCEMENT OFFICER KATHY PFIRMAN SECRETARY MR. THURM MOVED TO APPROVE THE MINUTES OF AUGUST 14, 1985. MS. BECK SECONDED MOTION. NOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1.'REQUEST TO VACATE 00' PROPOSED BANANA RIVER ERTEN IO jA ENT I.E.TjOr IL EV ION STA -TION (SS C.21 L AND 256) PET EA O' EA ADAKb, 141 THE BOARD QUESTIONED WHETHER THE PROPERTY' REQUESTED TO BE VACATED WAS AN EASEMENT, A RIGHT-OF-WAY, OR ADEDICATION. CONCERN WAS EXPRESSED REGARDING HOW THE VACATION WOULD BENEFIT THE CITY. MR. FEEMAH MOVED TO POSTPONE THIS REQUEST UNTIL. THE NEXT MEETING BECAUSE THE PETITIONER AND THE CITY ATTORNEY WERE NOT PRESENT TO ANSWER THESE QUESTIONS. MRS, FILKINS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 2, PRESENTATION TO PLANNING AND ZONING BOARD BY BOARD CHAIRMAN RE7VARIANCPS CHAIRMAN RUSSELL PRESENTED INFORMATION REGARDING VARIANCES WHICH HE OBTAINED FROM THE CITIZENS GUIDE TO ZONING BY HERBERT SMITH. THE CHAPTER ON VARIANCES .STRESSED.. THE DIFFERENCE BETWEEN A "GOOD'VARIANCE AND A "BAD* VARIANCE. A *GOOD" VARIANCE GRAHTS PLANNING i ZONING BOARD REGULAR MEETING AUGUST 28, 1985 PAGE I OF 2 0 0 ING BOA" * EILE CUPY PLANNING AND ZONING BOARD REGULAR MEETING AUGUST 14, 1985 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS. HELD ON AUGUST. 14, 1985�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 WERE;.... LAMAR RUSSELLCHAIRMAN CHRIS BECK, RICHARD"THURM ROCKNEY'FEEMAN WILLIAMWINCHESTER:' FIRST TD ALTERNATE HELEN FILKINS. ALTERNATE MEMBERS ABSENTt ROCKY RANDELS VICE CHAIRMAN OTHERS. PRESENTS JOSEPH SCOTT CITY ATTORNEY JEFFREY ECKLEY CODE -ENFORCEMENT OFFICER KATHY PFIRMAN SECRETARY MR.FEEMAN MOVED TO APPROVE THE MINUTES OF JULY 84,.1985. MR. WINCHESTER SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1. 'RE VEST N0. 85-13REZONING .FROM R-3 TO C C TWP TED WEST SIDE OF E 0? RA 0 E O A L 0 mm I f ' ' JR FDR CEVESCO, I C. DOUG ROBERTSON O$ BUSSEN ENGINEERING EXPLAINED THAT HE WAS REPRESENTING MR. FIRKINS IN THIS MATTER- HE STATED THAT MR. KEMMONS WILSON, FORMERLY OF 'HOLIDAY INN, WISHED TO DEVELOP A TRACT OF LAND ON THE WEST SIDE OF AIA IN THE NORTHERN PORTION OF CAPE CANAVERAL. THIS.AREA WOULD BE DEVELOPED AS A HOTEL WITH., APPROXIMATELY YOOROOMS AND A CONVENTION FACILITY.' ARTIST RENDERINGS WERE SHOWN TO BOARD MEMBERS - THE .FLOOR WAS OPENED FOR DISCUSSION- MR, JOHN JERARD SPOKE IN FAVOR OF TEE HOTEL, SAYING IT WAS THE TYPEOF FACILITY. CAPE CANAVERAL NEEDS. MR. JOHN WINCRESTEHI CITY COUNCILMAN,_ STATED THAT HE FELT THAT. THE RECENT PUBLIC .OUT City CONCERNING THE LAST HOTEL BID ON THE BEACH INDICATED THAT. THE PUBLIC WAS NOT IN FAVOR OF REZONING TO ACCOMMODATE, A HOTEL. PLANNING i ZONING BOARD REGULAR MEETING AUGUST 14, 1985 PAGE 1 OF 3 MR. FEEMAN MOVED TO REFER THIS ITEM TO THE LOCAL PLANNING AGENCY. MS. BECK SECONDED MOTION.:. MOTION. PASSED UNANIMOUSLY. .REOVEST N0. 85-15-VARAANCETO SECRION 639.61 (c-1 ITEM 2. THE -SEA. E A .MADISON A E E PET 0 ER E E P MORA MR, MORRIS ASKED THAT THE BOARD CONSIDER A VARIANCE FOR HIS DISH ANTENNA DUE TO THE FACT THAT UNDER THE RESTRICTIONS OUTLINED IN THE ORDINANCE- HIS RECEPTION WOULD BE .VERY POOR.. ALTHOUGH HIS REQUEST ONLY ASKED FOR A VARIANCE TO SECTION 639.61,ITEM C, HE STATED THAT HE .WISHED TO HAVE A VARIANCE TO THE ENTIRE SECTION. THE BOARD DISCUSSED THE ISSUE OF HARDSHIP' IT WAS DETERMINED By THE BOARD THAT'. THE ONLY HARDSHIP WAS WITH ITEM £ CONCERNING TILE HEIGHT OF THE ANTENNA, MR, FEEMAN MOVED TO RECOMMEND APPROVAL OF AVARIANCE TO SECTION 639.16(e) MR. THORN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 3. DISCUSSION RBt RE UIREME NT OR RESIDENTIAL CO T U 0 A C- MR. MURPHY APPEARED BEFORE THE BOARD TO DISCUSS REQUIREMENTS FOR RESIDENTIAL .CONSTRUCTION IN A C-1 ZONE,,. HE RECENTLY SUBMITTED A SITE PLAN TO THE BUILDING OFFICIAL FOR TOWNHOUSES IN A C-1 LONE., THE BUILDING OFFICIAL INFORMED HII6 THAT NO -1 ZONES HAVE EXPOSED WOOD IS ALLOWED DUE TO TUB FACT THAT ALL C BEEN DECLARED A FIRE DISTRICT, MR. MURpNY... FELT THAT HECANNOT BUILD AN ATTRACTIVE RESIDENTIAL STRUCTURE UNDER THESE CONDITIONS. THE BOARD DISCUSSED TUB RATIONALE IN DECLARING C-1 A FIRE. DISTRICT. .THE MAIN REASON WAS BECAUSE BUILDINGS IN C -I TEND TO BE CLOSER TOGETHER BECAUSE OF THE REDUCED. SETBACKS .REQUIRED' MR. MURPHY POINTED OUT THAT NE -15 BOUND BY THE SPECIAL EXCEPTION GRANTED, TO PROVIDE SETBACKS ACCORDING TO. THE R-2: ZONING.. REGULATIONS. HE SUGGESTED THAT SOME EMBED WOOD BE ALLOWED'' BUT THAT IF THE BUILDING WERE EVER CONVERTED TO A COMMERCIAL USEAGE THAT IT BE REQUIRED TO COMPLY WITH THE FIRE DISTRICT REQUIREMENTS. PLANNING i ZONING BOARD REGULAR MEETING AUGUST 14, 1985 PAGE 2 OF 3 0 0 PLANNING i ZONING BOARD ,REGULAR NESTING AUGUST 14, 1985 PAGE 3 OF 3 • • FILE COPY PLANNING AND ZONING BOARD REGULAR MEETING JULY 24, 1985 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON JULY 24, 1985, 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 PRESENT WERE: LAMAR RUSSELL. - CHAIRMAN ROCKY. RANDELS - VICE-CHAIRMAN CHRIS'BECK RICHARD THORN ROCKNEY FERMAN WILLIAM .WINCHESTER FIRST ALTERNATE HELENFILKINS SECOND ALTERNATE OTHERS PRESENT: ASTIR GUNN BUILDING OFFICIAL JEFFREY ECKLEY CODE ENFORCEMENT OFFICER KATHY PFIRMAN "SECRETARY MR. RANDELS MOVED TO APPROVE THE MINUTES OF JULY 10, 1985, MR. FEEMAN SECONDED .MOTION. .MOTION PASSED UNANIMOUSLY, NEW BUSINESS ITEM 1. RE UEST No. 84-14 VARIANCE TO REDUCE NUMBER OF PARKING SPACE - ROAMS AVEN E- PETITIONERS ARE O W A A ER MRS. GISLER APPEARED AND EXPLAINED THE SITUATION. TO THE BOARD. 511E STATED THAT THE PROPERTY. WAS REPRESENTED TO HER ASA QUADRAPLEX BY THE REAL ESTATE AGENT SELLING IT. M. GISLER FURTHER STATED THATSHE WAS NOT A RESIDENT OF THE CITY AND WAS NOT AWARE Or THE ORDINANCE REQUIRING TWO PARKING SPACES PER UNIT, MRS.FILKINS ARGUED IN FAVOR OF THE VARIANCE. SAYING THAT THIS SITUATION WARRANTED SUCH A CONSIDERATION DUE TO THE FACT THAT THE CIRCUMSTANCES ARE SO UNUSUAL. OTHER BOARD MEMBERS DISAGREED. CIIAIR14AN LAMAR RUSSELL READ THE FOUR CRITERIA FOR GRANTING OF A VARIANCE. HE STATED THAT THE PROVISION REQUIRING THAT A VARIANCE BESTOW NO SPECIAL PRIVILEGE ON THE PETITIONER WOULD BE VIOLATED IF THIS VARIANCE WERE GRANTED. MR, THURM AND NR. RANDELS ARGUED THAT THEY COULD NOT SEE THAT THERE WAS ANY CITY IMPOSED HARDSHIP., PLANNING i ZONING BOARD REGULAR 'MEETING JULY :24, 1985 PAGE 1 OF 2 0 0 FOLLOWING THE DISCUSSION. MR. RANDELS MOVED TO RECOMMEND DISAPPROVAL OF THE VARIANCE. MR. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ADD -ON -ITEM. DISCUSSION RE: COMMERCIAL BUILDING ON CO IA I E MR. 'WILLIAM JACKSON DIP 1210 COLUMBIA DRIVE ASKED THAT THE BOARD DISCUSS THE COMMERCIAL BUILDING NEXT TO HIS PROPERTY, ESPECIALLY AS REGARDS THE PLACEMENT OF THE AIR CONDITIONERS. MRS.. FILKINS MOVED. TO. HEAR THE ITEM- MR. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY MR. JACKSON EXPLAINED, THAT WHEN HE PURCHASED HIS PROPERTY, THE DEVELOPER HAD INDICATED THAT THERE WOULD BE TWO RESIDENTIAL BUILDINGS. AT A LATER DATE, 'THE DEVELOPER CHOSE TO BUILD A COMMERCIAL BUILDING.'. MR- JACKSON STATED THAT TIIIS. DUILDING IS LOCATED WITHIN TWENTY FEET OF HIS RESIDENCE,.. AND THAT WHEN HE RETURNED FROM WORK THIS AFTERNOON, FOUR AIR CONDITIONERS WERE PLACED BETWEEN HIS RESIDENCE AND THE. BUILDING. HE STATED THAT HE HAD BEEN ASSURED THAT THIS WOULD NOT HAPPEN, MR. GUNN READ A LETTER HE SENTTo THE DEVELOPER REQUIRING THAT THE AIR CONDITIONERS BE MOVED. HE STATED HE WOULD FURTHER MONITOR THE SITUATION. THERE BEING NO FURTHER BUSINESSI�THE MEETING WAS.ADJOURNED AT 9.:00 P.M. _ APPROVED THIE° j'I• DAY OF , 1985. ' Lamar Rusae a rman net P man, acre ry PLANNING i ZONING BOARD. REGULAR MEETING JULY 24, 1985 PAGE 2'OF 2 COPY PLANNING AND ZONING BOARD FILE REGULAR MEETING JULY. 10, 1985 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON JULY 10, 1985 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 PRESENT. WEREt LAMAR RUSSELL CHAIRMAN CHRIS BECK WILLIAM WINCHESTER I .FIRST' ALTERNATE HELEN FILKINS SECOND ALTERNATE RICHARD THURH MEMBERS ABSENTf ROCKY RANDELS.'..VICE-CHAIRMAN ROCKNEY FEEMAN. .. OTHERS PRESENTi JOSEPH SCOTTCITY ATTORNEY . ANTIS GUNN BUILDING OFFICIAL'. KATHY, PFIRMAN SECRETARY MR. THURM MOVED TO AMEND THE MINUTES OF. JUNE 26, 1985 AS FOLLOWS: ON PAGE 3. PARAGRAPH 1, LINE 3, "BEACH PARK VILLAGE" SHOULD BE SUBSTITUTED FOR "WHISPERING OAKS".. MS. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. MS. BECK MOVED TO APPROVE THE MINUTES AS AMENDED. MR. WINCHESTER SECONDED MOTION'.. MOTION PASSED UNANIMOUSLY, UNFINISHED BUSINESS ITEM 1. FINAL PLAT APPROVAL "AEAEA` '2+UNIT TOWNHOUSE, BL -B, - OT AVERAL BEACH ENS LOCATED ON THE N.W. CORNER F CAROLINE ST. AVE.)AND WOSKLIND JOSEPH OT P TPONED FROM6-26-05) THE BOARD REVIEWED THE PLAT FOR., PROPERLY MARKED BOUNDARIES, LOTS, STREETS AND EASEMENTS. FOLLOWING THIS REVIEW, MR. THORN MOVED TO APPROVE THE. FINAL PLAT. MR. WINCHESTER SECONDED MOTION. MOTION PASSED UNANIMOUSLY, ITEM 2.. REVIEW OF ORDINANCES AMENDING SECTION 639.33. RECREATIONAL VEHZCLES. CAMPING EQUIPMENT BOATS AND BOAT TRAILERS tPOSTPONED - -85) CHAIRMAN' RUSSELL REMINDED THE BOARD THAT THIS ITEM HAD BEEN DISCUSSED MANY TIMES AND THAT :THE ORDINANCE BEFORE THEN WAS THE CULMINATION OF THOSE DISCUSSIONS AND MUCH CITIZEN INPUT. MRS. PLANNING i ZONING BOARD REGULAR MEETING JULY 10, 1985 PAGE 1 OF 3 0 PILKINS OBJECTED TO THE ORDINANCE, SAYING THAT SHE FELT A WELL KEPT BOAT WITH A, COVER WAS NOT AN EYESORE, AND THAT FORCING BOATS AND RECREATIONAL VEHICLES INTO SIDE YARDS WOULD CREATE A HARDSHIP FOR SOME RESIDENTS. ATTORNEY SCOTT STATED THAT HE WAS UNABLE TO WRITE ANENFORCEABLE ORDINANCE WHICH WOULD ALLOW WELL - KEPT BOATS AND VEHICLES. YET DISALLOW UNKEMPT VEHICLES.... FOLLOWING DISCUSSION, MR. THURM MOVED TO. RECOMMEND APPROVAL OF THE ORDINANCE. MR. WINCHESTER SECONDED MOTION. VOTE: ON THE NOTION WAS AS FOLLOWS1 IN FAVOR, MR. RUSSELL., MR, THURM. MS. BECK AND MR. WINCHESTER. OPPOSED, MRS.-FILKINS. MOTION CARRIED. ITEM 3. REVIEN OF ORDINANCE AMENDING SECTION'637.51 ALLO C O R R I r ZONE BY SPECTn_Z_WftPT0 MS. BECK MOVED TO RECOMMEND APPROVAL OF THE PROPOSED ORDINANCE.. MR. THURM SECONDED MOTION.: MOTION PASSED UNANIMOUSLY - ITEM 4. NANIMOUSLY.ITEM4. REVIEWOP ORDINANCB AMENDING SECTION 639.27 FE CE WA `A E E , ATTORNEY SCOTT .EXPLAINED THAT THE WORD 'SOLID- SHOULD BE INSERTED INTO THE PROPOSAL, SO THAT A`SOLID CONCRETE BOUNDARY WALL WOULD BE ALLOWABLE. MR. THURM MOVED TO RECOMMEND THE PROPOSAL AS AMENDED. MRS. FILKINS SECONDED MOTION. .,MOTION PASSED UNANIMOUSLY, NEW BUSINESS ITEM, BITE PLAN REVIEW LA PA8 SHOPPING CENTER LOTS9235 9. ATLANTIC ' A RIVER ESTATE TRO GH AVE-) MR. GUNN EXPLAINED THAT THIS SITE. PLAN REPRESENTED THE REPLACEMENT OF THE PORTION Or THE SHOPPING CENTER THAT HAD BEEN DESTROYED BY FIRE. HE FURTHER EXPLAINED THAT THE PARKING SHOWN IS INADEQUATE. EIGHTY PARKING SPACES ARE REQUIRED. BUT ONLY FIFTY - NINE .ARE SHOWN. THE REASONFOR THIS INADEQUACY LIES IN THE FACT THAT THERE ARE TWO RESTAURANTS IN TRB..SHOPPING CENTER AND THESE REQUIRE A GREATER AMOUNT OF PARKING THAN A RETAIL STORE, AT THE PLANNING i ZONING. BOARD REGULAR .MEETING... JULY IQ, 1985 PAGE 2,OF.3 e TIMM .THE SHOPPING CENTER WAS BUILT, THE PARKING WAS ADEQUATE CECAUSE NONE OF THE TENANTS CHOSE TO OPERATE A RESTAURANT. MR. GUNN FURTHER STATED THAT THE LOCATION OF THE DUMPSTER WAS UNACCEPTABLE IN THAT WESTERN WASTE. WOULD HAVE TO BACK OUT 150 FEET, MRS. FILKINS MOVED TO RECOMMEND DISAPPROVALOF THE SITE PLAN ON THE BASIS THAT THE PARKING SHOWN WAS INADEQUATE. HR. THURM SECONDED MOTION.' MOTION PASSED UNANIMOUSLY. FOLLOWING CONCLUSION OF NEW BNE BBUSINESS, A VERBAL DISCUSSION WAS HELD. 'MS, BECK I QUESTIONED. WHETHER. IT WAS POSSIBLE FOR THE CITY TO LET BUYERS. OF RESIDENTIAL. HOUSING ON COMMERCIAL PROPERTY KNOW THAT, THE PROPERTY IS, IN FACT, ZONED COMMERCIAL. ATTORNEY SCOTT INDICATED THAT THIS WOULD BE IMPOSSIBLE, BECAUSE THE CITY FINDS OUT ABOUT REALESTATE TRANSACTIONS AFTER THE FACT. :IE FURTHER STATED THAT A ZONING MAP IS. AVAILABLE AT CITY HALL DURING BUSINESS HOURS. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS .ADJOURNED AT 9:20 P.M. APPROVED THIS v"_DAY OF 1A985. 'Lama Russe. , a rman F P�;W; PLANNING ZONING BOARD REGULAR MEETING JULY 10, 1985, PAGE 3 OF 3 • WJLE COPY PLANNING AND ZONING BOARD REGULAR MEETING JUNE 26, 1985 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON JUNE 26, 1985 AT CITY HALL, 105 POLX AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LAMAR RUSSELL CALLED THE MEETING TO ORDER AT 7,30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERSPRE: SENT .WERES LAMAR RUSSELL CHAIRMAN RICHARD THURM CHRIS BECK- HELEN FILXINS MEMBERS ABSENT; ROCKY RANDELS VICE CHAIRMAN ROCKNEY-FEEMAN WILLIAM WINCHESTER FIRST ALTERNATE OTHERS.,PRBSENTJ JOSEPH SCOTT CITY ATTORNEY ARTISGUNN BUILDING OFFICIAL JRFFREY.,.ECXLEY CODE ENFORCEMENT OFFICER KATHY PFIRMAN SECRETARY MS. BECK MOVED TO APPROVE THE MINUTES OF. JUNE 12,.1965 AS WRITTEN, MRS. FILKINS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. REVIEW OF ORDINANCE AMENDING SECTION 639.33,rFjMW—,BOATS,. C A 0 AL E LE MRS.FILKINS:MOVED TO..POSTPONE THIS ITEM UNTIL THE .NEXT MEETING 60 THAT MEMBERS COULD HAVE TIME TO REVIEW THE PROPOSED ORDINANCE.. MS. BECK SECONDED MOTION. NOTION PASSED UNANIMOUSLY. ITEM 2. REVIEW OFORDINANCE AMENDING SECTION 637•SEONE by-uWI G RCI A C TAL I P O :CITY ATTORNEYiSCOTT ANNOUNCED THAT THE PROPOSED ORDINANCE. WAS NOT YET READY FOR REVIEW, MR. THURM MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING. MS. BECK SECONDED HOT ION MOTION PASSED, UNANIMOUSLY. PLANNING i ZONING BOARD REGULAR: MEETING JUNE 26. 1965 PAGE 1 OF 3 0 0 r;EW BUSINESS ITEM 1. RE UEST NO. 85-11 - SPECIAL EXCEPTION TO ONSTR C W ES I L ONE TU A E. 0 F UN WOO 8 OFPZ E DO PE IT O ILL BE IX', E C e MR. BENNIX EXPLAINED THAT THIS PROPERTY IS LOCATED. JUST SOUTH OF THE NEW OCEAN WOODS COMMERCIAL FACILITY AND NORTH OF THE MINI -WAREHOUSES. THERE WAS SOME DISCUSSION REGARDING THE LOWNESS 'OFTHE LAND AND HOW DRAINAGE WOULD BE HANDLED.THE BOARD WAS ASSURED .THAT DRAINAGE WOULD.BE TAKEN CARE OF IN ACCORDANCE WITH REQUIREMENT$. AFTER A DISCUSSION, THE .BOARD DECIDED THAT THIS WOULD BE A SUITABLE LOCATION FOR TOWNHOUSES. MR. THORN MOVED To RECOMMEND APPROVAL OF THE SPECIAL EXCEPTION.. MS. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 2.UEST NO. 85-12 - SPECIAL EXCEPTION TO CONSTRUCT TO 0 E A: - O E EC. P. NG49 TRA PA I COVE A "�PYr O R O E I ENNIX IT WAS EXPLAINED THATiTHIS PROPERTY ISi LOCATED.JUST NORTH OF HITCHING POST MOBILE MORE PARK, AND JUST SOUTH OP JUSTAMERE ROAD. AS THE SURROUNDING USES ARE ..RESIDENTIAL. THE BOARD FELT THAT A TOWNHOUSE PROJECT WOULD BE COMPATIBLE. MR. THURM MOVED TO RECOMMEND APPROVAL OF THE I SPECIAL. EXCEPTION. MS. BECK SECONDED MOTION. .MOTION PASSED UNANIMOUSLY. ITEM 3. FINAL PLAT APPROVLOT AL "AEAEA" 2 -UNIT TOWNHOUSE LD E O AVE ER BF C E' T. AND'.. 0 P RO MR.. GUNN ANNOUNCED THAT FURTHER INFORMATION 'WAS NEEDED ON THIS PLAT,. AND ASKED THAT IT BE POSTPONED UNTIL THE NEXT MEETING. MR. THURM MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING. MS. BECK SECONDED MOTION. .MOTION PASSED UNANIMOUSLY. PLANNING NG HOARD REGULAR MEETING JUNE 26, 1985. PAGE 2 OF 3. ITEM a. DISCUSSION REs VACATING AND RELOCATION OF CHANDLER STREET BETWEEN ROSALIND AVENUE AND RIDGEWOOD AVENUE MR. FRANK IIOOG APPEARED BEFORE THE BOARD TO ASK THAT CHANDLER STREET BE. VACATED. AND RELOCATED. :CURRENTLY, THE STREET IS. PLANNED *BEACH PARK VILLAGE TO GO IN ON THE NORTH SIDE OF HIS DEVELOPMENT, 'NISSPERTWGV7CR8': HE EXPLAINED THAT, IN THAT SITUATION, IT WILL STILL BE NECESSARY FOR HIM ToPUTIN A STREET TO SERVE ;HIS PROJECT. MR, HOOG ARGUED THAT TO HAVE TWO STREETS IN SUCH CLOSE PROXIMITY WOULD. CREATE A .CONCRETE JUNGLE, UNDER HIS PROPOSAL,. CHANDLER STREET WOULD BE VACATED AND RELOCATED SO THAT IT WOULD RUN THROUGH NIS PROJECT. JOHN MR./MURPHY ARGUED THAT HE HAD RELIED UPON CHANDLER STREET. BEING PLACED AS SHOWN ON THE ZONING MAP, IN CONSTRUCTING HIS TOWNHOUSE PROJECT., HE REMINDED THE BOARD THAT APPROXIMATELY EIGHTEEN MONTHS AGO,HE HAD ASKED FOR VACATION OF CHANDLER STREET AND IT HAD .BEEN DENIED., AFTER A DISCUSSION, MRS. PILKINS MOVED TO RECOMMEND DENIAL OF THE VACATION, UNLESS ALL PROPERTY OWNERS INVOLVED .COME TO AN AGREEMENT .REGARDING THE VACATION. MR. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM S. DISCUSSION REt WALLS AND FENCES THE BOARD DISCUSSED ALLOWING SOLID CONCRETE WALLS OFUP. TO SIX (6) FEET IN HEIGHT, IN ORDER To PROVIDE A BUFFER BETWEEN DIFFERENT ZONING CLASSIFICATIONS. UNDER THE CURRENT ORDINANCE. THIS WOULD NOT BE ALLOWED. FOLLOWING DISCUSSION,'MR, THURN MOVED TO RECOMMEND THE FOLLOWING TO SECTION 639.27. `A CONCRETE BOUNDARY WALL UP TO-SIX FEET-IN HEIGHT SHALL BE ALLOWABLE WHEN USED AS A ' .SUFFER�BZT'WEEN ANY TWO ZONING CLASSIFICATIONS."' MRS. '.FILKINS:SECONDED MOTION. MOTION PASSED UNANIMOUSLY. THERE BEING No FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9:30 P.M. APPROVED THIS llLr DAY' OF 1985.. uJ' ,hairmAn j kt- j1{� PLANNING i ZONING BOARD Ka y P an, Segratary REGULAR MEETING JUNE 26, 1985 PAGE'3 OF 3 -Amended July 10, 1985 0 0 PLANNING AND ZONING BOARD REGULAR MEETING JUNE 12, 1985 A REGULAR MEETING OF THE PLANNING AND ZONING. BOARD WAS HELD ON JUNE 12,1985 AT CITY HALL, 105 POLK AVENUE, CAPE CHAIRMAN LAMAA RUSSELL CALLED .THE MEETING CANAVERAL, FLORIDA. TO ORDER AT 700 p.N, THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT WERE %.. LAMAR RUSSELL CHAIRMAN a CE CHAIRMAN ROCKYRANDELS VI RICHARD THURM CHRIS 'BECR FIRST ALTERNATE WILLIAM WINCHESTER SECOND ALTERNATE HELEN:pILKINS MEMBER ABSENTS ROCKNEY PEEN" OTHERS PRESENT: - WAYNE RUTHERFORD .MAYOR .CITY ATTORNEY JOSEPH SCOTT 'CODE ENFORCEMENT OFFICER JEFFREY ECKLEYSECRETARY KATHY PFIRMAN UNFINISHED BUSINESS ITEM 1. - REVIEW OF ORDINANCENDING AMPI GEEQVIP639.33 CREAT D AL ET LE BOARD MEMBERS FEL TTHEY NEEDED MORE TIME TO REVIEW THE .PROPOSED ORDINANCE. MR.. THURM 14OVED TO POSTPONE THE ITEM UNTIL THE NEXT MEETING. MS+ BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY- ITEM 2. DISCUSSION REs DENSITY OF MOTELS HOTELS THIS WAS A DISCUSSION ITEM.. REQUESTED FOR THE BOARD'S CONSIDERATION,., BY COUNCILMAN JOHN WINCHESTER. BOARD MEMBERS. WERE UNSURE'.. AS TO EXACTLY WHAT COUNCILMAN WINCHESTER WANTED THEM TO ADDRESS' MR. (BILL) WINCHESTER MOVED TO TABLE THIS ITEM UNTIL.6UCH, TIME AS THE BOARD WAS IN AS TO THE SCOPE OF THEIR DISCUSSION. E ON THE MOTION WAS AS FOLLOWS= MRS.. PILKINS SECONDED NOTION• VOT IN FAVOR, MR. RANDELS,. NR•.THURM, MS. BECK AND MR. WINCHESTER% OPPOSED, MR. RUSSELL. NOTION CARRIED - PLANNING i ZONING BOARD REGULAR MEETING .JUNE 12,. PAGE 1 OF 3 NEW BUSINESS K ITEM 1. RE'REVIEViEO£PACFIPARKp�RRABeACH PUATVILLAGE (PORN REP OF. A E A F OP CVE BO F A ET) CITY ATTORNEY SCOTT EXPLAINED THAT THIS PLAT HAD PREVIOUSLY BEEN REVIEWED AND APPROVED BY THE BOARD- HOWEVER, THERE WAS A TECHNICAL ERROR THAT. WAS UNDISCOVERED. SETBACKS ARE MEASURED FROM THE PROPERTY LINE, NOT FROM COMMON AREA. THE EARLIER PLAT SHOWED SETBACKS FROM COMMON AREA. THE NEW PLAT WILL REDUCE THE COMMON AREA AND INCREASE THE SIE or SOME OF I THE END UNITS. THE CITY ATTORNEY EXPLAINED THAT ITY CLERK'S OFFICE., THE REDRAWN FLAT WAS LOCKED IN THE C MR. RANDELS MOVED TO HAVE MR- RUSSELL SIGN THE PLAT, IF IT PROVES TO BE AS DESCRIBED. MR. THORN SECONDED MOTION-, MOTION PASSED UNANIMOUSLY- 'ITEM2. DISCBSSTON REt ALLOWING COMMERCIAL TRUCK. THE OWNERS OF PROPAC, INC., A SHIPPING AND PACKING FIRM, HAD ASKED THAT THE BOARD DISCUSS ALLOWING COMMERCIAL TRUCK RENTAL INA C-1 LONE. AT (PRESENT, .TRUCK RENTAL IS ONLY ALLOWED IN CONNECTION WITH A SERVICE STATION- PROPAC, INC. WISHES ITO RENT TRUCKS, ALTHOUGH IT IS NOT A SERVICE STATION. BOARD MEMBERS CONCEDED THAT THE CURRENT ORDINANCE IS OUTMODED REGARDING THIS ISSUE. HOWEVER, THEY WERE CONCERNED. THAT CHANGING THE ORDINANCE WOULD NOT HELP PROPAC, INC., DUE TO THE FACT THAT. THEY HAVE INADEQUATE PARKING. AFTER A DISCUSSION, MS- BECK MOVED THAT THE CITY ATTORNEY DRAFT AN ORDINANCE TO INCLUDE THE FOLLOWING VERBAGEY SECTION 637.51C1 Specisi Exceations (M) The rental Of utility trailers and trucks subject to the following resuietion" (1) All outside areas where merchandise is displayed. shall be paved. abutting stret$ (2)� All shall grecsbe a d cnd p+ndtPlaed not closerethan one hundred fifty _(150 feet apart on the Pew street'. PLANNING i ZONING BOARD REGULARMEETING' JUNE. 12, 1985 PAGE 2;OF 3 0 0 (3) All servicing, fueling and repair activities are prohibited. (4) There shall be no 'storage of junked or wrecked . automobiles other than temporary storage (not to exceed thirty (30) days), and these vehicles shall be in an enclosed area, and not be visible from outside the property. (5) Ingress and egress points shall not be placed so as to endanger pedestrian traffic. MR. RANDELS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. AN INFORMAL DISCUSSION FOLLOWED. MRS. FILKINSIASKED. THAT THE BOARD CONSIDER ALLOWING SWIMMING POOLS IN FRONT YARDS. MR. THURM EXPLAINED THAT. THIS NAD BEEN CONSIDERED IN THE (PAST AND MET WITH MUCH OPPOSITION, THE BOARD DECIDED TO HAVE A DISCUSSION REGARDING WALLS AND FENCES ON THE,NEXT MEETING DATE. THERE BEING NO FURTHER. BUSINESS, THE MEETING WAS: ADJOURNED AT 10:20 P.M. APPROVED THIS DAY OF c,f,;'ri_ , 1985. �n Be airman Zvi ik11nt at y Irtn,.Secret ary pLANNINGi ZONING BOARD REGULAR MEETING. JUNE 12, 1985 PAGE 3 OF 3 0 *ILE COPY PLANNING AND ZONING BOARD REGULAR MEETING MAY 22, 1985 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON MAY 22, 1985 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, 'FLORIDA. CHAIRMAN LAMAR RUSSELL CALLED THE MEETI14G TO ORDER AT 700 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENTi LAMAR RUSSELL CHAIRMAN ROCKY RANDELS 'VICE CHAIRMAN RICHARD THORN CHRIS BECK - WILLIAMWINCHESTER FIRST ALTERNATE HELEN FILKINS SECOND ALTERNATE MEMBER ABSENT: ROCKNEY FEEMAN. OTHERS PRESENTI JEFFREY ECKLEY CODE ENFORCEMENT OFFICER 'JOSEPH SCOTT CITY. ATTORNEY KATHY. PFIRMANSECRETARY MR. RAHDELS MOVED TO APPROVE THE MINUTES Or HAY 8, 1985. MS. BECK SECONDED MOTION, MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. REVIEW OF ORDINANCE AMENDING SECTION 639.33, 5vlRr.&TTnNAL VEH& BOATS PJ40 B0 MR. ECKLEY ASKED THAT I THIS ITEM BE POSTPONED UNTIL THE. NEXT REGULAR MEETING BY REQUEST OF THE BUILDING OFFICIAL: MR. THURM MOVED .FOR POSTPONEMENT UNTIL THE NEXT REGULAR MEETING.. MR. RANDELS SECONDED MOTION, MOTION PASSED UNANIMOUSLY. ITE14 2. REVIEW OF ORDINANCE AMENDING SECTION 637.51,'. ' ALLOW G.S AA E AAKI G OF O AL 4VEMICLES IN A - E PEC EXCEPTION CHAIRMAN RUSSELL EXPLAINED THAT THE AMENDMENT PROVIDES FOR PARKING OF RECREATIONAL VEHICLES IN A C-1 ZONE BY SPECIAL EXCEPTION. THE RATIONALE .BEHIND THE AMENDMENT. WAS TO ALLOW THOSE PEOPLE WHO OWN A RECREATIONAL,VEHICLZ.,A PLACE TO PARK IT. MR. RAND ELS MOVED TO .RECOMMEND THE AMENDMENT, MR. THURM SECONDED MOTION, MOTION, PASSED UNANIMOUSLY - PLANNING ZONING BOARD REGULAR MEETING MAY 22, 1985 PAGE 1 OF 3 BUSINESS ITEM 1. REQUEST NO. SS -10 VARIANCE TO REDUCE MINIMUM LIVI G REA FRO 'Sp A e FEETA 0 - T EASEA FEE P. p E UE) AT PEEiP 0 ER LE AT A T FO A14ES P. LCH MR. WATTS, ATTORNEY FOR MR, WELCH, EXPLAINED THAT THE PROPERTY IN'QUEST ION INCLUDED A HOUSE AND A ONE -BEDROOM EFFICIENCY.. MR. WELCH HAD RECENTLY BEGUN' RENOVATION OF THE GARAGE TO CONVERT IT INTO A ONE -BEDROOM EFFICIENCY. MR.. WATTS FURTHER EXPLAINED THAT AT THE TIME THIS CONVERSION HAI) BEGUN, MR. WELCH WAS UNAWARE OF THE MINIMUM SQUAREFOOTAGE' REQUIREMENT. AT THIS TIME, THE CONVERSION WAS CLOSE TO COMPLETION. HE ALSO ARGUED THAT SINCE A ONE -BEDROOM EPFICIENCY OF LESS THAN 450 SQUARE FEET WAS. ALREADY ON THE PROPERTY, THAT. THIS. CONVERSION SHOULD BE ALLOWED. THE BOARD FAILED TO FIND ANY HARDSHIP, OTHER THAN SELF IMPOSED. MR. RANDELS MOVED TO RECOMMEND DISAPPROVAL.. MR. THURM 'SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 2. 6ITE PLAN REVIEW BEACH BREEEETOWNHOUSE5,.. A S O ER O P E TA "US ES O RP Y J_. - MR. ECXLEY EXPLAINED THAT THERE WAS A CHANGE INTHE SITE PLAN AND THAT WAS THE ADDITION OF Ar SEWER EASEMENT. BOARD MEMBERS REVIEWED THE PLAN, AND FOUND EVERYTHING IN ORDER. MR. WINCHESTER MOVED TO APPROVE THE SITE PLAN, MR. RANDELS SECONDED MOTION. NOTION PASSED UNAMIMOUSLY,. ITEM 3. DISCUSSION RE, PARKING REGULATIONS FOR CONDOMINIUMS MR. CARMICHAEL APPEARED BEFORE. THE BOARD TO REPORT ON HIS FINDINGS REGARDING PARKING. HE STATED THAT HIS STUDIES SHOW.' THAT THE OCEANFRONT CONDOMINIUMS DO. NOT NEED TWO SPACES PER UNIT, DUE. TO THE FACT THAT THERE ARE MANY ABSENTEE OWNERS. ON THE OTHER HAND, LESS EXPENSIVE CONDOMINIUMS NEED TWO SPACES PER UNIT BECAUSE OF THE LIKELIHOOD OF FAMILIES IN THE UNITS. PLANNING i ZONING, BOARD REGULAR MEETING MAY 22, 1985 PAGE 2 OF 3. 9 CHAIRMAN RUSSELL POINTED OUT THAT AN ORDINANCE COULD NOT BE WRITTEN TO ADDRESS THAT DISCREPANCY BECAUSE ANY SUCH ORDINANCE WOULD BE,INEQUITABLE. MR, CARMICHAEL ASKED THAT THIS DISCREPANCY BE TAKEN INTO CONSIDERATION. AT THE TINE OF CONSIDERATION OF A SPECIAL EXCEPTION REGARDING PARKING. BOARD MEMBERS. THANKED MR. CARMICHAEL FOR THE TIME AND EFFORT HE'EXPENDEDPREPARING THIS REPORT. ITEM 4. DISCUSSION RE .DENSITY OF HOTELS/MOTELS CHAIRMAN RUSSELL EXPLAINED THAT COUNCILMAN WINCHESTER HAD ASKED THAT: THE BOARD REDUCE THE NUMBER OF, UNITS PER ACRE FROM 30 TO 15 FOR HOTELS/MOTELS. BOARD MEMBERS QUESTIONED THE RATIONALE. BEHIND' THE REQUEST. UNSURE OF EXACTLY WHAT COUNCILMAN WINCHESTER INTENDED. 'IT WAS THE ,CONSENSUS OF THE BOARD TO POSTPONE DISCUSSION UNTIL TILE NEXT REGULAR MEETING WHEN COUNCILMAN WINCHESTER COULD BE PRESENT. IN AN INFORMAL DISCUSSIONITCHAIRMAN RUSSELL REPORTED THAT THE OWNERS OF PROpAC HAD REQUESTED. THAT THE BOARD DISCUSS ALLOWING TRUCK RENTAL, NOT IN CONJUNCTION WITH A SERVICE STATION. THIS ITEM WILL BE THE NEXT AGENDA FOR DISCUSSION. THERE BEINGNO FURTHER BUSINESS. THE MEETING .WASADJOURNED AT 9:30 P.M. w1985. APPROVED THIS ��4 BAY OF ,JIle' r - C—h'sJi �a e etry PLANNING 6 ZONING BOARD REGULAR MEETING MAY 22,-1965 PAGE 3 OF 3 ALL COPY PLANNING AND ZONING BOARD REGULAR MEETING .MAY 8, 1985 A REGULAR MEETING OF THEPLANNING AND ZONING BOARD WAS HELD ON MAY 8, 1985, 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 .RICHARD THURM 'CHRIS BECK ROCKNEY FEEMAN .WILLIAM WINCHESTER FIRST ALTERNATE HELEN FILKINS SECOND. ALTERNATE MEMBERS ABSENTt. ROCKY RANDELS OTHERS PRESENTS JOSEPH SCOTT CITY ATTORNEY 'ARTIS GUNN BUILDING OFFICIAL JOHN WINCHESTER CITY COUNCILMAN - JEFFREYECKLEY .CODE ENFORCEMENT OFFICER EVELYN HUTCHERSON, 'SECRETARY MR. THURM: RECOMMENDED THAT THE MINUTES OF: THE APRIL 24t 1985t MEETING BE AMENDED AS-FOLLOWSSITEM 1. .SUBPARAGRAPH 1. ITEM 6 SROULD READ MOTOR HOMES 21 FEET OR .LESS IN LENGTHS AND SUBPARAGRAPH 2, ITEM 7 SHOULD READ MOTOR HOMES MORE .:THAN 21, FEET IN.LENGTH.' MR. WINCHESTER MOVED TO APPROVE THE MINUTES OF APRIL 24, 1985, AS AMENDED., MS. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. D CDSSION RES '..SEC. 639.33 RECREATIONALVEHICLES CA_NPING EQUIPMENT,BOATS ANDBOAT TRAILERS(POST- PONED 4-24-85) MR, SCOTT ADVISED THAT THE MATERIAL WAS NOT READY AT THIS TIME. HE WILL. HAVE IT READYFOR THE NEXT MEETING. 'MR. GUNN SUGGESTED THAT IF THE BOARD RECOMMENDS THAT THE DEVELOPERS BE REQUIRED. TO PROVIDE PARKING AREAS FOR RECREATIONAL VEHICLES,.. A PREDETERMINED RATIO OF SPACES BE ASSIGNED. A DISCUSSION ENSUED. PLANNING AND :ZONING BOARD REGULAR MEETING MAY'B, 1965 PAGE'I OF 6 PAGES Mit. THURM MOVED THAT THE DEVELOPERS PROVIDE SEPARATELY TEN (10) PERCENT OVER AND ABOVE THE NUMBER OF REQUIRED SPACES WHERE BOATS AND RECREATIONAL 'VEHICLES ARE NOT PROHIBITED. BY THE PROPERTY OWNER'S REGULATIONS.. MR. WINCHESTER SECONDED THE MOTION., A ROLL. CALL VOTE WAS TAKEN, MOTION PASSED UNANIMOUSLY.. MR. GUNN NOTED THAT PARKING OF RECREATIONAL VEHICLES WAS ALLOWED ANYWHERE IN COMMERCIAL -INDUSTRIAL ZONES AND -THAT RESIDEN- TIAL UNITS IN COIMIERCIAL-INDUSTRIAL ZONES WOULD NOT BE. REGULATED BY THE REQUIREMENTS OF THE RESIDENTIAL ZONES, FOLLOWING: INPUT FROM THE FLOOR, IT WAS CONCLUDED THAT REGULATIONS WERE NECESSARY FOR SAFETY FEATURES, NOT MERELY AN APPEARANCE FACTOR, .AND GUIDE- LINES WERE NEEDED TO SAFEGUARD THE REGULATION-' SUGGESTIONS WERE THAT VEHICLES MUST BE OPERABLE, NUMBEROP VEHICLES BE LIMITED, SPECIFIC TIME PERIOD, AND REQUIREMENT. FOR PERSONAL STORAGE ONLY IT WAS THE CONSENSUS OF THE BOARD THAT MR, GUNN WORK WITH MR. SCOTT TO INCORPORATE THESE RECOMMENDATIONS IN A PROPOSED ORDINANCE. ITEM 2. DISCUSSION REC-` SECTION�637.51 ALIAWING'STORAGE AND K NG OF gECREATIONA EH - SFBCI -E-X-eEpTION JPObTPiltEmo9r MR. WINCHESTER RECOMMENDED THAT PARKING BE ALLOWED IN C-1. ZONE BY SPECIAL EXCEPTION WITH SPECIFIC GUIDELINES THAT THE AREA BE PAVED,.. FENCED AND LIGHTED -AND THEVEHICLES WERE TO. BE OPERABLE. FOLLOWING A DISCUSSION OP WORDING, MR, FEENAN MOVED THAT THE BOARD RECOMMEND THAT THE COUNCIL CHANGE THE ORDINANCE TO ALLOW STORAGE AND PARKING OF RECREATIONAL,VEHICLES (BOATS, BOAT TRAILERS, CAMPERS, TRAILERS,. TRAVEL TRAILERS, MOTOR HOMES) IN C-1 ZONE BY SPECIAL EXCEPTION. MS. BECK SECONDED MOTION. A ROLL CALL VOTE WAS TAKEN' MOTION PASSED UNANIMOUSLY. -_ NEM BUSINESS IFINAL SEACN PARK VILLAGE (FORMERLY TEM,lt PLAT APPROVAL o: F - REP T '�RIDGEwOou wvna ' HANG .F i PLANNING AND ZONING BOARD REGULAR MEETIMG MAY8,1985 PAGE 2 OF 6 PAGES MR. GUNN ADVISED THE BOARD OF THE RECOlLMEiiDED CHANGES ON TUE PRELIMINARY PLATt THE PROTECTIVE COVENANTS REFLECT THAT PARCELS A, F, C'AND D BE INCLUDED AS COK40N AREAS TO BE MAINTAINED. MR. SCOTT ADVISED THAT THE COVENANTS. WERE IN ORDER. IT WAS NOTED THAT ACCESS IS FROM CHERRIE DOWN LANE- MR. THORN MOVED THAT THE FINAL PLAT, BE APPROVED. MR. FEE2dAN SECONDED. MOTION. MOTION PASSED UNANIMOUSLY. ITEM 2. FINAL PLAT APPROVAL OCEANS GATE 10 UNITS BLOCK 24, LOTIMONRO�8 D A E ENT CORP MR. GUNN REPORTED THAT`THE ONLY CHANGES WHICH HAD BEEN MADE FERE THE DEDICATIONOF EASEMENTS TO ACCOMMODATE FLORIDA POWER AND LIGHT. MS. BECK MOVED THAT THE FINAL PLAT BE APPROVED, MR. FEEMA:d SECONDED MOTION. MOTIONPASSED UNANIMOUSLY. ITEM 3. RE UCST-NO. 85^9 FOR A SPECIAL EXCEPTION TO CSNITTRUCT SO IN 'M OB D O TH E ST SID O F0RMEPO TIO 0 N — rOHN J. ' ON ORH MR. KABBOORD PRESENTED AFOOTPRINT OF .THE TYPICAL 97,000 SQUARL FOOT SHOPPING CENTER WHICH DEPICTED A COMBO STORE (GROCERY AND DRUG) WITH STRIP SHOPS.THE NUMBER OF REQUIRED PARKING SPACES IS 485, THE PLAN PROVIDES 408. A DISCUSSION ENSUED ON THE KIND Of STORES) AND THE POSSIBLE SUCCESS OR FAILURE OF THE PROJECT. MR. TUURM STATED THAT RE WAS NOT AGAINST SHOPPING CENTERS BUT WANTED SOME TYPE OF ASSURANCE AS TO WHAT STORE WOULD RE BUILT. CITY ATTORNEY SCOTT ADVISED THAT A SITE PLAN IS NOT BINDING FOR 'A SPECIAL EXCEPTION. MR. FEEMAN MOVED THAT THE BOARD RECOMMEND APPROVAL OF THE SPECIAL EXCEPTION TO CONSTRUCT A SHOPPING CENTER IN M-1 ZONE, PUR— SUANT WITH THE STIPULATION THAT THIS SPECIAL EXCEPTION IS FOR THE. CONSTRUCTION AND OPERATION OF THIS SHOPPING CENTER IN CONFORMANCE WITH THE CODE CRITERIA AND CLASSIFICATION OF SHOPPING CENTERS. PUR— SUANT TO QUALIFICATIONS AS. SET FORTH IN SECTION 638.07(K). MS. BECK SECONDED MOTION. VOTE ON MOTION WAS AS FOLLOWS4 IN FAVOR, MR. RUSSELL, MR. FEEMAN,, MS. BECK* MR. WINCHESTER• OPPOSED, MR.THURM. PLANNING. AND ZONING BOARD REGULAR MEETING MAY 8, 1985 PAGE 3'OF.6 PAGES 0 0 ITE?I 4. SITE PLAN RI'VIEW, VILLAGFS 01- SLAPOP.T, VII.LAGC 7, 68wRTU ATIT.: TIC AVENUE - MAXI-LOMC JOS IF!7 VEi:TUP.I. MR. JIM REINHAN, REPRESE14TING. MAXI-110MES JOINT VENTURE AND 0!' - SITE DEVELOPMENT OF CAPE CANAVERAL, INC., RESPONDED TO THE QUESTION OF CHANGE OF OWNERSHIP, STATING THAT THERE HAD BEEN NO CHANGES. HE ADDED THAT VILLAGES,1 6,. WEST OF THE PROPOSED RIDGEWOOD EXTENSION, HAD BEEN APPROVED AND WERE UNDER CONSTRUCTION. VILLAGE 7, EAST OF THE PROPOSED RIDGEWOOD'EXTENSION.�IS A SEPARATE: FACILITY AND .THE FINAL PHASE OF THE PROJECT WITH A SEPARATE CONDOMINIUM ASSOCIATION UNDER THE .MASTER ASSOCIATION. (CLUB HOUSE FACILITIES WERE DISCUSSED. MR. REINMAN POINTED OUT THAT THE LEGAL. DOCUMENTS ASSURE RESIDENTS OF BOTH 'VILLAGES 1.- 6 AND VILLAGE 7.USE OF THE. CLUB HOUSE AND ALL AMENITIES. MR. REIN14AN ADVISED THAT THEY HAD INCORPORATED THE REVISIONS RECOMMENDED FROM THE PRELIMINARY REVIEW AND THE CITY ENGINEERS REVIEW, THE MAJOR 'REVISION BEING THE SET BACK,.OF THE BUILDINGS TO COMPLY WITH THE PROPOSED 25 FOOT COASTAL SETBACK. HE ADDED THAT IN THE PREVIOUS AGREEMENT, THE CONSTRUCTION OF. CITY SIDEWALKS WERE NOT INCLUDED FOR BOTH SIDES OF. RIDGEWOOD AVENUE .AND THAT. THEY WOULD AGREE TO INCLUDE THEM IN THE ESCROW AGREEMENT. THE EASEMENT ON THE NORTH LINE OF THE PROPERTY WAS DISCUSSED. MR. REINMAN EXPLAINED THAT THE EASEMENT HAD BEEN ESTABLISHED TO PROVIDE BEACH ACCESS. AND HAD. BEEN VACATED,SINCE VILLAGES1,- 6 HAD ACCESSTHROUGHTHE CLUB HOUSE PARCEL. THE CURVATURE OF. THE PROPOSED RIDGEWOOD EXTENSION AND THE PARKING AREAS IN VILLAGE 7 WERE DISCUSSED. NO CHANGES WERE RECOMMENDED. 'THE PATIOS EXTENDING SLIGHTLY IN `THE PROPOSED COASTAL CON- STRUCTION SETBACK LINE WAS DISCUSSED.:.. MR. GUNN POINTED OUT THAT THEY RAD VOLUNTARILY COMPLIED WITH THE PROPOSED SETBACK AND WERE IN COMPLIANCE. THE ONGOING PROBLEM OF BEACH EROSION WAS DISCUSSED AT LENGTH. THE LOCATION OF THE TWO DUNE' CROSSOVERS WAS NOTED, ONE ON .THE CLUB HOUSE PARCEL AND ONE FOR VILLAGE 7, AND IT WAS RECOMMENDED THAT TWO PLANNING ANDLONING BOARD REGULAR MEETING MAY 8, 1985 PAGE 4 OF 6 PAGES 0 0 ..i;DITIONAE CROSSOVERS BE INCLUDED, ONE BETWEEN BUILDINGS F 6 G, 0:1 AT THE NORTH END OF BUILDING H. MR. REINMAN NOTED THERE WOULD BE NO PROBLEM TO INCLUDE THE CROSSOVERS, BUT HE WOULD LIKE A LETTER FROM THE CITY TO SUPPORT THEIR REQUEST TO THE DEPARTMENT OF NATURAL RE- SOLRCES FOR. PERMITS.' THE CABANAS OVER THE PARKING GARAGES WERE DISCUSSED AT LENGTH. CONCERN WAS EXPRESSED AS TO THE USE OF THE CABANAS AND THE FACT THAT A DETERMINATION WILL HAVE TO BE MADE AS TO THE USE CLASSIFICATION OF THE CABANAS. MR. THURtl MOVED TO APPROVE THE SITE PLAN WITH THE FOLLOWING CONTINGENCIES: 1. THE COST OF THE SIDEWALKS BEING INCLUDED. IN THE.. RIDGEWOOD ESCROW AGREEMENT. 2. THE ADDITIONAL DUNE CROSSOVERS, IF ALLOWED BY DNR. 3. SITE PLAN APPROVAL BASED UPON THE, CITY ATTORNEY AND BUILDING OFFICIAL BEING SATISFIED THAT SUFFICIENT RESTRICTIONS AND PRO- HIBITIONS AS TO THE SALE,.; RENTAL, OR LEASE OF GUEST CABANAS BE INCLUDED IN THE GOVERNING DOCUMENTS;OF THE ASSOCIATION (CONDO- MINIUM DOCUMENTS). A. ..THE USE, CLASSIFICATION MAY LIMIT THE TIME FRAME OF. WHICH THE CABANA STRUCTURE MAY BE OCCUPIED, DEPENDING UPON THEIR BEING CLASSIFIED AS AN ACCESSORY` STRUCTURE OR PART OF THE PRINCIPAL STRUCTURE, MS. BECK SECONDED. MOTION. A ROLL CALL VOTE WAS. TAKEN, MOTION PASSED UNANIMOUSLY. . ADD ON ITEM SITE PLAN REVIEW OF RECREATION COMPLEX MR. THURM MOVED TO REVIEW THE SITE PLAN. MR. WINCHESTER SECONDED MOTION,. NOTION PASSED UNANIMOUSLY. MR. GUNN-PRESENTED THE PLANS ON THE COMPLEX. A BRIEF DISCUSSION FOLLOWED.' MR. FEEMAN MOVED THAT THE SITE PIAN TO THE RECREATION COMPLEX, AS PROPOSED SY MR. GUNN, BE APPROVED. MS, BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. PLANNING AND .ZONING BOARD REGULAR MEETING MAY 8, 1985 PAGE 5 OF 6.PAGES' THERE BEING NO FURTHER BUSINESS, THE ttEETING WAS ADJOURNED AT 11:20 P.M. APPROVED THIS DAY OF 1905. �ILE COPY PLANNING AND ZONING BOARD REGULAR MEETING APRIL 24, 1985 'AREGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON APRIL 24,;1985 AT. CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LANAR RUSSELL CALLED THE MEETING TO ORDER AT 7:30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENTS LAMAR RUSSELL CHAIRMAN ROCKY-RANDELS VICE-CHAIRMAN RICHARD THURM CHRIS BECK I' ROCKNEY FEEMAN WILLIAM WINCHESTER {EXCUSED FIRSTLALTBRNATgNGROLL ,CALL) (ARRIVED LATE) HELEN FILKINS SECOND ALTERNATE OTHERS PRESENTS. JOSEPH SCOTT 'CITY ATTORNEY JOSEPH SCO BUILDING OFFICIAL ARTUNN LEO NICHOLAS CITY. COUNCILMAN MICHAEL MARCHETTI CITY COUNCILMAN 'KATHY PFIRMAN SECRETARY MR.. RANDELS MOVED TO APPROVE THE MINUTES OF APRIL 10, 1985. . MOTION PASSED UNANIMOUSLY'. MS. BECK SECONDED MOTION '. UNFINISHED BUSINESS -- ITEM 1. DISCUSSIEQ RE: SEC- BOATS3A BO TRANLESSVEHICLES, :. CAMP THE BOARD DISCUSSED THE PROPOSAI. SUBMITTED BY COUNCILMAN' NICHOLAS. FOLLOWING INPUT PROM THE FLOOR, THE FOLLOWING CHANGES WERE MADE TO THE PROPOSALS OR LESS "1, ITEM 6 IS TO READ ."HOT OR, HOMES 4dA&&+PHM 21 FEW IN LENGTH". MORE THAN FEET IN LENGTH". •2. ITEM 7 IS TO READ "MOTOR HOMES/21 eR-Ma" 3. LESS THAN 4UNITS L -FRONT YARD PARKING WILL BE ALLOWED FOR MOTOR HOMES LESS THAN 21 FEET IN I LENGTH AND.FOR CAMPERS,... PICKUP. NON -MOUNTED. 4. PARAGRAPH TWO SHALL APPLY FOR DEVELOPMENTS OF FOUR TO NINE UNITS. 5. LARGE DEVELOPMENTS ARE THOSE WHICH. CONSIST OF TEN OR MORE UNITS. -AMENDED 5-8-55 PLANNING ZONING BOARD _ :REGULAR MEETING 'APRIL24, 1985 `PAGE 1OF 3 FiR.THURM MOVED TO HAVE THE CITY ATTORNEY WRITE THIS PROPOSAL IN ORDINANCE FORM- MR- RANDELS SECONDED MOTION- MOTION PASSED UNAN114OUSLY I - ITEM 2. DISCUSSION RRECTAMENDING EEC. 638.05 M'-1 ACCESSORY BE MR.'GUNN ASKED THAT THE WORDS -PROCESSED OR STORED" BE DELETED FROM SECTION. 638.05,.PARAGRAPH A. HE .ASKED THAT. THIS BE DELETED SO AS TO DISCOURAGE PROBLEMS HE HAS ENCOUNTERED IN THIS AREA,AS FAR AS RETAIL SALES OF "PROCESSED OR STORED" ITEMS. MR. RANDELS. MOVED TO DELETE THE RECOMMENDED VERBAGE. MR. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY.. NEW BUSINESS ITEM 1. REQUEST NO. 85-8 RE VEST FOR REZONING NSTAHESIDE -0FJ S ERE ROAD FAO R- 0 - P R OPERT O 'CHAIRMAN RUSSELL OUTLINED THE PROCEDURES NECESSARY FOR A REZONING. FIRST. THE LAND USE PIAN WOE HAVE TD BE AMENDED, WITH APPROVAL FROM CITY COUNCIL REQUIRED. NEXT, THE REZONING REQUEST COULD BE ADDRESSED, AND WOULD ALSO REQUIRE APPROVAL OF COUNCIL. SEVERAL RESIDENTS STATED THAT THEY WISHED THE PROPERTY REZONED SO THAT THEY WOULD BE ALLOWED TO MAKE ALTERATIONS ON THEIR HOMES. AT PRESENT, THEY ARE PROHIBITED FROM ANY CHANGES BECAUSE THE ORDINANCE DISALLOWS ANY INCREASE OF A NONCONFORMITY. BOARD MEMBERS URGED THE RESIDENTS TO APPLY FOR VARIANCES, FEELING THE VARIANCE PROCEDURE A BETTER AVENUE FOR RELIEF.: MR. RANDELS MOVED TO RECOMMEND., THAT THE CITY REFUND THE $100:00 FEE FOR REQUEST 85-8, AND THAT .THE CITY CLERK RESEARCH THE EARLIEST SETBACK AND ORDINANCE REGARDING JUSTAMERE ROAD- MR. FEEMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. MOTITRREIOORDINANCE No 24-85 ESTABLCOHITG COASTAL ITEM 2. , PLANNING ZONING BOARD REGULAR MEETING APRIL 23, 1985 "PAGE 2 OF 3. TRE BOARD REVIEWED THE ORDINANCE. BOARD MEMBERS AGREED AS TO THE NECESSITY OF THE COASTAL CONSTRUCTION SETBACK AND CONTROL LINES. MR. THURM, MOVED TO RECOMMEND THE ORDINANCE. TO CITY COUNCIL. MR. RANDELS SECONDED MOTION, 'MOTION PASSED UNANIMOUSLY. ITEM 3. DISCUSSION RE:'DEFINITION OF HEIGHT OF BUILDING CHAIRMAN RUSSELL EXPLAINED. THE FORMULA USED TO DETERMINE THE HEIGHT OF A BUILDING. HE CONCEDED THAT THE FORMULA ALLOWS SOME LEEWAY FOR AN ANGLED ROOF, SO THAT THE ACTUAL HEIGHT MIGHT BE HIGHER THAN THE 45 FOOT MAXIMUM. FOR R-3. HE .STATED THAT THE INTENT AT THE TIME THE FORMULA WAS ADOPTED WAS TO ENCOURAGE A VARIETY OF .ROOFING STYLES. COUNCILMAN MARCHETT.I ARGUED' THAT THE REFERENDUM ESTABLISHED A MAXIMUM HEIGHT OF. 25 FEET FOR R-1 AND 45 FEET. FOR R-3, AND THAT THESE SHOULD BE UPHELD. ALSO# HE HYPOTHESISED THAT A DEVELOPER MIGHT BUILD A UNIT'WITHAN EXAGGERATED ROOFING ANGLE, AND SQUEEZE. IN ADDITIONAL UNITS. BOARD MEMBERS, WERE RELUCTANT TO CHANGE-THE DEFINITION,NOT WISHING TO SEE THE_SAME,FLAT ROOFING STYLE ON ALL BUILDINGS. MR.. RANDELS MOVED TO RECOMMEND THAT. THE ORDINANCE REMAIN AS IT IS. MR. FEEMAN SECONDED MOTION, MOTION PASSED UNANIMOUSLY. ITEM 4. DISCUSSION RE:SEC; 63t7*51 ALLOWING STORAGE AND PARKING OF RECREATIONAVEHICLES IN C-1 ZONE BY SPECIAL EXCEPTION MR. RANDELS. MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING. MS. BECK SECONDED MOTION. 'MOTION PASSED. UNANIMOUSLY. MR. 'COLLINS OFA, PROPAC REQUESTED THAT THE BOARD REVIEW SECTION 637.51 AT TILE NEXT MEETING. HE STATED THAT HE WISHED TO PARK RENTAL TRUCKS ON. HIS PROPERTY,AND AT PRESENT, THIS IS NOT ALLOWED. THERE BEING NO FURTHER BUSINESS,. THE MEETING WAS ADJOURNED AT 10:40 P.M. APPROVED THIS tW DAY OF%}441 , 1985. a rman Se re ry PIMNING i ZONING BOW IW2XAR MEETING APRIL 24,-1985 PAGE 3 OF 3 PLANNING AND ZONING BOARD REGULAR MEETING APRIL lo , 1985 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON APRIL 10, 1985 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 WEREs LAMAR RUSSELL CHAIRMAN ROCKY RANDELS VICE-CHAIRMAN RICHARD THURM CHRIS BECK WILLIAM WINCHESTER FIRST ALTERNATE HELEN rILKINS SECOND ALTERNATE MEMBER ASSENTS ROCKNEY FEEMAN OTHERS PRESENT: JOSEPH SCOTT CITY ATTORNEY BUILDING OFFICIAL ARTIS GUNN LEO NICHOLAS CITY COUNCILMAN KATHY PFIRMAN SECRETARY MR. RANDELS MOVED To APPROVE THE MINUTES Or THE MEETING OF MARCH 271 1965' MS. SECK�sECONDZD MOTION.' MOTION PASSED UNANIMOUSLY. UNfINIS ED -BUSINESS ITEM IRECONSIDERATION OF ITE PLAN REVIEW, MR. LUCAS POINTED OUT THAT AT : THE PREVIOUS MEETING, HE FELT THE BOARD HAD ERRED 114 DISALLOWING HIM TO DECREASE THE SIZE OF HIS UNITS. HE STATED THAT HE cAN'MEET THE 251 SETBACK REQUIREMENT BY MAKING ONE UNIT TWO-STORY. THE REMAINING THREE UNITS WOULD NOT BE CHANGED. AFTER A DISCUSSION, MR. RANDELS MOVED To APPROVE THE SITE PLAN CONTINGENT UPON THE REDESIGN OF THE ONE UNIT TO MEET THE 25 FOOT SETBACK.MR. THURN SECONDED MOTION. MOTION PASSED UNANIMOUSLY'; PLANNING 4 ZONING BOARD 'REGULAR MEETING APRIL 10, 1985 PAGE 1 OF 4 'ITEM 2. SPECIAL' EXCEPTION TO CONSTRUCT TOWNHOUSES IN A C-1 ZONE, BLOCK LOTS AND 16, AVON - Y -THE -SEA (LOCATED .W. COA ER OF MADISON AND PO SETTA PETITIONER IS JOHNSON L. MURPHY, JR. FOR C. DAVIDSON,-0 NER 0 WPO ED FROM RCN MR. RANDELS MOVED TO TABLE THIS ITEM UNTIL THE SITE, PLAN WAS BROUGHT OVER FROM THE BUILDING OFFICIAL'S OFFICE. MR. WINCHESTER SECONDED MOTION. ,MOTION PASSED UNANIMOUSLY. ITEM. 3. DISCUSSION REt AMENDING SEC 624.03 (A) DEVELOPMENT OF COASTAL HIGH 1AZ AREAS PO PONE FROM MARC ..THE BOARD DISCUSSED REQUIRING DEVELOPERS TO BUILD A DUNE CROSSOVER TO PROVIDE ACCESS TO THE BEACH.- MR. GUNN PRESENTED HIS PROPOSAL, ALONG .WITH SPECIFICATIONS 'WHICH HE STATED CONFORM TO DNR SPECIFICATIONS. MR. RANDELS MOVED TO RECOMMEND TO'ADD THE FOLLOWING AS SECTION ` 637.44: "SITE PLANS WITH'FOUR OR MORE UNITS ON PARCELS FACING ON THE ATLANTIC OCEAN SHALL PROVIDE DUNE CROSSOVERS CONFORMING TO DNR SPECIFICATIONS. AH.SUCH DUNE CROSSOVERS SHALL BE MAINTAINED IN. SAFE CONDITION BY THE OWNERS". MR.; THURM SECONDED. MOTION, - DISCUSSION ON THE MOTION. FOLLOWED. MR.. RANDELS POINTED OUT THAT THE DUNE ,CROSSOVER WOULD BE A SETBACK ENCROACHMENT AND WOULD REQUIRE APPROVAL BY THE BOARD OF ADJUSTMENT. NR.. SCOTT STATED THAT WHEN HE PUT THE VERBAGE IN ORDINANCE FORM, HE WOULD ALSO MAKE PROVISIONS FOR ALLOWING THE CROSSOVERS IN THE SETBACK, MOTION PASSED UNANIMOUSLY. ' AT. THIS TIME,.THE,BOARD DECIDED TO CONSIDER ITEM 2. ITEM 2. _SPECIAL EXCEPCONSTRUCTS ' TOWNHOUSEIN A C_ 4E TION TO LOTS 17715 AND 161 AVON-UT-THE-b&A kWCATEM N.W. CORNER OF MADISON DSI SEE1Z�A�ETITIONEER JOOHN O Y, JR: FOR .' RVI. 0 , OWN A f0.TP0 H ) PLANNING i ZONING BOARD REGULAR MEETING APRIL 10, 1985 PAGE 2 OF 4 CHAIRMAN RUSSELL REMINDED THE BOARD THAT THE MAIN CONCERN WAS COMPATABILITY WITH SURROUNDING USES. AFTER A DISCUSSION, MR., WINCHESTER MOVED TO RECOMMEND APPROVAL OF THE SPECIAL EXCEPTION., MR. RANDELS SECONDED MOTION.' MOTION PASSED UNANIMOUSLY, NEW BUSINESS ITEM 1. REQUEST NO. 85-7 SPECIAL EXCEPTION TO CORSTRUCT DUPLEX A C-1 ZO E LOT 3, IACK 13, AVON-til-I'HE-SEA, PETITIUNEK IS NUNZIO FALA GA FOR OWNERS P D SALLY SICIG AANO THE BOARD REVIEWED THE APPLICATION FOR SPECIAL EXCEPTION. IT WAS POINTED OUT. THAT THIS PROPERTY IS ADJACENT TO THE PROPERTY WHICH HADBEEN GRANTED, EARLIER THIS EVENING, A SPECIAL.. EXCEPTION TO. BUILD TOWNHOUSES. FINDINGTHE USE COMPATIBLE, MR.. RANDELS. MOVED TO RECOMMEND APPROVAL OF THE SPECIAL EXCEPTION.- MR. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 2. DISCUSSIONREt�SEC 639.33 RECREATIONAL EHICLES RIN EQUIP BOAT AND OAT TRAILERS MR. NICHOLAS PRESENTED 'HIS PROPOSAL FOR THE REVISION OF SECTION 639.33. .HIS PROPOSAL WOULD ALLOW RESIDENTS TO PARK THESE VEHICLES IN THE SIDE OR REAR YARD, WITH CERTAIN LIMITATIONS AS TO SIZE.. THE DOW DISCUSSED THE PROPOSAL AND DECIDED TO AGENDA THIS ITEM FOR FURTHER DISCUSSION, AFTER ALL MEMBERS HAVE HAD AMPLE TIME TO CONSIDER THE ISSUE. MR. GOULD ASKED THE BOARD TO CONSIDER ALLOWING RENTAL ' SPACE FOR THESE VEHICLES IN A C-1 ZONE. THE BOARD DECIDED. TO DISCUSS THE FOLLOWING ITEM AT THE NEXT MEETINGx."ALLOWING STORAGE AND PARKING OF, RECREATIONAL VEHICLES IN A C-1 ZONE BY SPECIAL EXCEPTION.' PLANNINGIL ZONING BOARD REGULAR MEETING APRIL 10, 19B5 PAGE 3 OF 4 • rje COPY PLANNING AND ZONING BOARD REGULAR MEETING MARCH 21, 1985 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON MARCH 27,'.1985 AT CITY HALLt105 POLK AVENUE, CAPE CANAVERAL., FLORIDA. CHAIRMAN LAMA,R RUSSELL CALLED THE MEETING To ORDER AT 1130 P.M. :THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT WERE; LAMAR RUSSELL CHAIRMAN ROCKY RANDELS `VICE-CHAIRMAN CHRIS BECK RICHARD THURM ROCKNEY FEEMAN WILLIAM WINCHESTER SECOND ALTERHATE OTHERS PRESENTS ARTISGUNN BUILDING OFFICIAL JOSEPH SCOTT CITY ATTORNEY KATHY PFIRMAN 'SECRETARY MR. RANDELS MOVED To ACCEPT THE MINUTES OF MARCH 13, 1985. MR.. THURM SECONDED, MOTION, MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM i. MOTION RBt REQUIRING 150 UNITS' OF � A HOTEL OR MOTEL 3 UE A CER IFI ATEA O TIME. _OST E MR.' RUSSELL'. READ THE DRAFT PREPARED BY MR. SCOTT AS 'FOLLOWSt'"CERTIFICATES OF. OCCUPANCY FOR HOTELS/MOTELS SHALL BE ISSUED FOR TSS ENTIRE .PROJECT UP TO 150 UNITS, AND AFTER 150 UNITS, SHALL BE ISSUED IN MINIMUMS OF 50 UNITS PER CERTIFICATE OF OCCUPANCY." MR. PEEMAN ASKED THAT A'PROVISION BE ADDED To PREVENT THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR AN UNFINISHED BUILDING. AFTER DISCUSSION, MR. RANOELS MOVED TO RECOMMEND THE ABOVE VERBAGE TO THE COUNCIL -WITH THE ADDITION, "AND " UNITS .WITHIN ANY ONE BUILDING WILL BE COMPLETED." MR. 'THURN SECONDED MOTION, MOTION PASSED UNANIMOUSLY. PLANNING 6 ZONING BOARD REGULAR MEETING MARCH 27, 1985 PAGE.1 OF. 5 ITEM 2• AOTDZOTNO�GEAPANIIIT ESC•POSTPOHED)MARCEHOVSET985 MR.: GUNN PRESENTED A DRAFT OF HIS RECOMMENDED AMENDMENT TO SECTION 638.03(D)., MR. SCOTT EXPLAINED THAT CHANGE WAS NECESSARY SO THAT THE CITY WOULD BE BETTER EQUIPPED TO HANDLE THE PROBLEMS CAUSED BY A BUSINESS OPERATING IN A FACILITY DESIGNED FOR STORAGE. AFTER A DISCUSSION OF THE DRAFT. MA. ,RANDELS MOVED TO CHANGE PARAGRAPH D TO READ: "MINI -STORAGE AND STORAGE GARAGE" TO BE: FOLLOWED BY PARAGRAPH Er "PAINT AND BODY SHOP"`AND. PARAGRAPH F "MOTOR VEHICLE REPAIR SHOPS" AND FURTHER TO CHANGE THE, DEFINITIONS UNDER $632.01 TO ADD. THE DEFINITIONS OF "STORAGE GARAGE" AND,"MINI-STORAGE". _, MR. THURM,. SECONDED MOTION. MOTION,PASSED UNANIMOUSLY. DISCUSSION CONTINUED ON SEC. 636.05,ACCESSORY USES AND STRUCTURES. MR. FEEMAN MOVED. TO POSTPONE THE DISCUSSION UNTIL THE NEXTMEETING.' MS. BECK SECONDED MOTION.:' MOTION PASSED UNANIMOUSLY- ITEM 3. :SITE PLAN REVIEW OUADPLEX�LOT 10 B�ATED� 'PARCEL A AVE B -. pL ER STREET RO J• POS PONE'S�iC r�s�� CHAIRMAN. RUSSELL EXPLAINED: THAT THERE WAS A DEEP CURVATURE IN THIS LOT AND THAT THE SETBACK' WAS DEFICIENT IN THE FRONT OF THIS PROPERTYI. `CHAIRMAN . RUSSELL REMINDED .THE BOARD THAT AT. THE LAST MEETING, CASE LAW HAD BEEN PRESENTED TO, SUPPORT THE CONCEPT OF ALLOWING THE SOILDING BECAUSE OF THE DEEP CURVATURE.• MR. LUCAS PRESENTED THE SITE PLAN AND STATED THAT THE PLANNING AND ZONING BOARD HAD APPROVED IT ON JUNE 22,_1983. HE FURTHER CLARIFIED THAT HIS BUILDING IS To BE AN. APARTMENT BUILDING. REGARDING THE SETBACK, HE INDICATED THAT HS COULD MOVE THE BUILDING BACK FOUR FEET., WHICH WOULD INCREASE THE FRONT SETBACK TO 20.: FEET. THIS WOULD SS FIVE FEET SHOAT OF THE REQUIRED 25 FEET. PLANNING L ZONING BOARD REGULAR - MEETING .MARCH 27, 1985 PAGE OF 5 MS. BECK MOVED TO APPROVE THE SITE PLAN. CONTINGENT UPON THE BUILDING BEING MOVED BACK FOUR FEET. MR. FEEMAN. SECONDED MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, MS. BECK AND MR. FEEMAN) OPPOSED, MR. RANDELS, MR. RUSSELL AND MR. THURM. MOTION FAILED, ITEM 4. DISCUSSION REt APPOINTMENT OP BOARD MEMBER POSTPONED RCST MR. TOM DOLAN AND MRS. HELEN FILKINS,':APPLICANTS TO THE BOARD, WERE PRESENT. MR. DOLAN WITHDREW HIS CANDIDACY AT THIS TIME IN SUPPORT OF MRS. FILKINS. MRS. FILKINS WAS QUESTIONED CONCERNING HER PHILOSOPHY ON .PLANNING AND ZONING, AND GROWTH WITHIN THE CITY, AFTER'A, DISCUSSION, MR. THURM MOVED TO RECOMMEND APPOINTMENT OF MRS. FILKINS AS A SECOND ALTERNATE. MR. FEEMAN. SECONDED MOTION. VOTE ON THE MOTION WAS AS POLLOWS: IN. FAVOR, MR. RUSSELL, MR. THURM AND MR. FEEMAN; OPPOSED, MR. RANDELS AND MS. BECK.' MR. RANDELS MOVED TO RECOMMEND WILLIAM WINCHESTER AS. FIRST ALTERNATE. MR.:THURM SECONDED MOTION. MOTION PASSED: UNANIMOUSLY. NEW BUSINESS ITEM I. RE VEST NO 85-6 SPECIAL EXCEPTION TO CONSTRUCT TO O SE A C- O E 8 CS O R D _y -M -EA E O OP MO ROB PO SETA PETITIONER is jOHN5UN L MURP -JR FOR C. DA DSO , O ER MR.RANDELS MOVED TO. POSTPONE THIS.. ITEM UNTIL THE NEXT REGULAR MEETING BECAUSE THESPECIAL EXCEPTION HAD NOT BEEN 'FILED AT LEAST 14 DAYS PRIOR TO .THE MEETING, MR. TRUNK SECONDED MOTION., MOTION ,PASSED UNANIMOUSLY. ITEM 3. DISCUSSION TRES A� TIDEVELOPMENANLG SECH. 624.03 CAREE- 'MR. GUNN EXPLAINED, THAT THE AMENDMENT WOULD REQUIRE. DEVELOPERS OF OCEANFRONT PROPERTY. TO PROVIDE DUNE CROSSOVERS PLANNING # 90NING BOARD REGULAR MEETING MARCH 27, 1985 PAGE 3 OF 5 0 e ACCORDING TO SPECIFICATIONS BY THE DEPARTMENT OF NATURAL RESOURCES. THE BOARD PELT IT NEEDED TIME To FURTHER STUDY THIS STEN. MR. RANDELS MOVED TO POSTPONE THIS ITEM. UNTIL THE NEXT MEETING. MMS. BECK SECONDED. MOTION. MOTION PASSED UNANIMOUSLY. ADD-ON ITEM .DISCUSSION RES AMENDMENT OF SECTION 637.51 ALIO OMMERC L.P ING FACILITIES AS ' A SPECIALEX EFT Q_IN A C-1 EO NE 'CHAIRMAN RUSSELL READ A. LETTER FROM PROPAC,?.INC- WHICH ASKED THAT SECTION 637.51 BE AMENDED TO ALLOW A SPECIAL EXCEPTIONFOR COMMERCIAL PARKING FACILITIES. THE LETTER STATED THAT PROPAC WISHED TO RENT RYDER TRUCKS AND HAD MADE PROVISIONS TO LEASE PROPERTY ON WHICH TO PARK THE TRUCKS. DISCUSSION FOLLOWED. BOARD MEMBERS WERE UNEASY WITHTHE FACT THAT THE PROPERTY IN QUESTION IS AN UNIMPROVED VACANT LOT. THE CONSENSUS. OF THE BOARD .WAS NOT To TAKE ANYACTION ON THIS PETITIONS ADD-ON ITEM DISCUSSIOd RE -SUBMISSION OF BITE PLAN, PAL HOPPIN CE ER MR. BOWMAN ASKED FOR A CLARIFICATION REGARDING WHETHER A SITE PLAN WAS. REQUIRED TO BE SUBMITTED, TO REBUILD THE SHOPPING CENTER,. AND WHETHER OR NOT HE WOULD BE ALLOWED TO BUILD IT EXACTLY AS IT WAS. THE BOARD DECIDED THAT'A SITE. PLAN NEEDED. TO BE SUBMITTED AND THAT THE SHOPPING CENTER COULD BE REBUILT AS IT WAS. MR. GUNN REMINDED MR. BOWMAN THAT THE STRUCTURE COULD NOT BE TYPE 6. ADD-ON ITEM DISCUSSION RES PARKING MR. CARMICHAEL OP CANAVERAL TOWERS APPEARED BEFORE THE BOARD TD, DISCUSS,, THE PARKING REQUIREMENTS.. HE PRESENTED A STUDY, WHICH HE. STATED, SHOWED THAT LARGE COMPLEXES DO NOT UTILIZE A CONSIDERABLE NUMBER OF PARKING SPACES- BE ASKED THAT TBE ORDINANCE BE AMENDED TO REDUCE THErNUMBEROF PARKING PLANNING i ZONING BOARD REGULAR MEETING MARCH 27. 1985 PAGE 4 OF 5' 0 0 0 tLE COPY PLANNING AND ZONING BOARD REGULAR MEETING MARCH 13, 1985 A REGULAR MEETING OF, THE PLANNING AND ZONING BOARD WAS HELD ON MARCH 13, 1985 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 PRESENTe LAMAR RUSSELL CRAIRMAN ROCKY RANDELS VICE-CHAIRMAN CHRIS BECK RICHARD 'THURM. ROCKNEY FEEMAN WILLIAM. WINCHESTER SECOND. ALTERNATE . OTHERS PRESENTi FREDERICK 'NUTT CITY MANAGER JOSEPH SCOTT CITY ATTORNEY ARTIS GUNN BUILDING OFFICIAL JEFF ECKLEY CODE ENFORCEMENT OFFICER MR. RANDELS MOVED TO APPROVE THE MINUTES OF FEBRUARY 27, 1985. MR. FEEMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. CITY MANAGER'SREPORT ON LAND USE PLAN MR. NUTT .FURNISHED A. COPY OF THE. FLORIDA STATUTES SECTION 163.3191 WHICH SETS FORTH THE REQUIREMENTS FOR THE EVALUATION 'AND APPRAISAL OF THE COMPREHENSIVE PLAN. THE CITY MANAGER ALSO OFFERED .THE ASSISTANCE OF THE CITY STAPF IN OBTAINING ANY INFORMATION THE BOARD MIGHT REQUIRE. ,BOARD CHAIRMAN, LAMAR RUSSELL., ANNOUNCED THAT THERE WOULD BE PUBLIC SERVICE ANNOUNCEMENTS REGARDING THE LPA MEETINGS, AND URGED MEMBERS TO PUBLICIZE THE MEETINGS.' UNFINISHED BUSINESS ITEM 1.' SITE PLAN REVIEW,,VILLAGES OF SEAPORT VILLAGS 7, . AT C AVENUE - I O OI VENTURE D POE MR. GUNN ASKED THAT THIS ITEM BE TABLED, AS THE APPLICANT HAS NOT YET COMPLETED THE REQUIRED DOCUMENTS.. MR. THORN MOVED TO TABLE THE ITEM. MS. BECK SECONDED MOTION. N)TION PASSED UNANIMOUSLY. PLANNING i ZONING BOARD REGULAR MEETING MARCH. 13, 1965 PAGE 1 OF 4 0 0 ITEM 2. MOTION REt REQUIRING 150 UNITS OF A HOTEL OR MOTEL TO BE ISSUED.A CERTIFICATE OF OCCUPANCY-A-T-O-WE--TYk--rPOSTPONED-85) MR. SCOTT PRESENTED THE FOLLOWING PROPOSAL FOR THE BOARD'S REVIEW 5 637.47(D) "CERTIFICATES OF OCCUPANCY ISSUED FOR 'HOTELS AND MOTELS SHALL BE. ISSUED FOR THE ENTIRE HOTEL OR MOTELPROJECT UP TO 150 UNITS, AND 'AFTER 150 UNITS, SHALL BE ISSUED 'IN. MINIMUMS OF 50 UNITS PER CERTIFICATE OF OCCUPANCY', THE BOARD DISCUSSED THE ADDITION OF PARAGRAPH D. BUT WAS UNABLE TO REACH A CONSENSUS. MR. THURM MOVED. TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING. MS.. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 3. .MOTION REt AMENDING SEC. 638.03 (D), WAREHOUSES AND STOTORTAG�CCILITfE�o§gP6�E) 2-FT-ITSi— ATTORNEY SCOTT REPORTED THAT MR.. GUNN HAD DRAFTED DEFINITIONS FOR WAREHOUSE AND STORAGE FACILITIES, BUT HE HAD NOT REVIEWED THE DEFINITIONS. FOR THIS REASON, MR. SCOTT' REQUESTED A POSTPONEMENT. MR. RANDELS MOVED TO POSTPONE THIS ITEM UNTIL. THE NEXT MEETING.` MR. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS. ITEM 1. DISCUSSION' WITH TRAILER PARK ASSOCIATION MR. BILL REEGER,PRESIDENT OF MANGO' MANOR TRAILER PARK ASSOCIATION, APPEARED BEFORE THE BOARD TO ASK ABOUT THE RIGHTS OF TRAILER PARK TENANTS.. CHAIRMAN RUSSELL EXPLAINED THAT IP THE OWNER WISHED TO SELL THE PROPERTY, HE WAS ALLOWED TO DO. SO, BUT MUST GIVE PROPER NOTICE TO HIS .TENANTS TO VACATE THE PROPERTY, ITEM 2,� SITE PLAN REVIEW QUADPLEK, LOT 10, BLOCK 4, A L AAAA mss: BEACH ITER 40U BLUE I K OP - RONALDAS THERE WAS. SOME CONFUSION AS. TO WHETHER THIS ITEM WAS A SITE PLAN REVIEW, OR A PRELIMINARY. PLAT REVIEW. MR. GUNN INDICATED THAT IT WAS A SITE .PLAN REVIEW. THE BOARD. REVIEWED THE PLAN AND DISCUSSED THAT THE SETBACKS WERE INSUFFICIENT.. MR. GUNN ASKED FORA POSTPONEMENT OF THIS ITEM PLANNING& LOWING BOARD REGULAR MEETING MARCH 13. 1985 PAGE 2 OF 4 SO THAT HE COULD REVIEW THE PLAN FURTHER AND MEET WITH THE DEVELOPER. MR. THURM 'MOVED TO POSTPONE THIS ITEM. UNTIL THE NEXT MEETING.: MS. BECK SECONDED MOTION.. MOTION PASSED UNANIMOUSLY.. ITEM 3. PRELIMINARY PLAT APPROVAL -:HARBOR HEIGHTS TOWNHOUSES. S.W.0 EROF D E — ORR Y MO GER THE BOARD REVIEWED THE PLAT AND FOUND EVERYTHING IN ORDER. ATTORNEY SCOTT POINTED OUT THAT THE CITY HAD BEEN. GRANTED AN ACCESS, EASEMENT FOR SEASHELL LANE. MR. RANDELS MOVED TO APPROVE THE PRELIMINARY PLAT. MR. FEEMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 4. PRELIMINARY PLAT APPROVAL SANDY -BY -THE -SEA,' IAT A A OPWT 4 LOCATED B OF EFFER 0 NMC GUIRE AFTER A REVIEW AND DISCUSSION. MR. THURM MOVED TO APPROVE THE PRELIMINARY PLAT. MR.. FEEMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 5, FINAL PLATAll ROVAL PAMPA9 VILPHASE 2y C LO S i LAB A E LOO BUCHANANORANGE) -..Tom N AND ROSIME WOLF .THE BOARD REVIEWED THE FINAL PLAT AND FOUND THAT IT MET ALL REQUIREMENTS. MR. FEEMAN MOVED TO APPROVE THE FINAL PLAT. MR. RANDELS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 6. DISCUSSION RE: APPOINTMENT OF BOARD MEMBER CHAIRMAN RUSSELL EXPLAINED. THAT SINCE MR. WOLEVER HAD RESIGNED, THERE WAS NOW AN ALTERNATE 'POSITION OPEN. ONE OF THE APPLICANTS.. MR. ARTHUR BERGEN, JR., WAS PRESENT AT'THE MEETING. BOARD MEMBERS QUESTIONED MR. BERGER CONCERNING HIS EXPERIENCE AND HIS PHILOSOPHY ON GROWTH IN THE CITY. FOLLOWING THE DISCUSSION, MR. PEEP" MOVED TO POSTPONE THE. ITEM UNTIL THE NEXT MEETING SO AS TO HAVE TIME TO REVIEW ALL APPLICATIONS. MR. THURM SECONDED NOTION. MOTION PASSED UNANIMOUSLY. PLANNING iZONING BOARD REGULAR MEETING MARCH 13, 1985 PAGE 3 OF 4 0 0 FILE i;i ii'`'i PLANNING AND ZONING BOARD REGULAR MEETING FEBRUARY 27, 1905 A REGULAR MEETING OF THE PLANNING AND ZONING, BOARD' .WAS HELD ON FEBRUARY 27,-.1985 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 PRESENTi ; LAMAR RUSSELL 'CHAIRMAN ROCKY RANDELS VICE-CHAIRMAN CHRIS BECK RICHARD. THURM ROCKNEYFEEMAN GEORGE-WOLEVER FIRST ALTERNATE WILLIAM WINCHESTER SECOND ALTERNATE OTHERS PRESENTt -CITY ATTORNEY .JOSEPH SCOTT 'ARTIS GUNN BUILDING OFFICIAL'. JEFF"ECKLEICODE ENFORCEMENT OFFICER LEO NICHOLAS CITY COUNCILMAN KATHY PFIRMAN SECRETARY.. MR.. RANDELS MOVED TO APPROVE THE MINUTES OF,FEBRUARY 13, 1985- MS. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1, RESUBMISSION OF SITE PLAN -CANAVERAL 'BAY CO U ENGINEERING, :BUILD G UNITS E CH - INC. POSTPONED - THE BUILDING OFFICIAL EXPLAINED THAT THE SITE PLAN HAD BEEN REVISED. THE BUILDING HEIGHTS WERE CHANGED ALONG WITH A DECREASE IN THE NUMBER OF UNITS -AND AN .INCREASE IN THE RETENTION AREA, FOLLOWING A.REVIEW BY TRE BOARD, MR. FEEMAN MOVED TO APPROVE THE SITE PLAN. -MR, RANDELS SECONDED MOTION. MOTION PASSEDUNANIMOUSLY. ITEM 2. PRELIMINARY PLAT APPROVAL OCEAN MIST ER AND 0 ES , 00 J. RP MR. GUNS POINTED OUT THAT THE PUBLIC UTILITY. EASEMENTS WERE NOT SHOWN ON THE PLAT, AND WOULD NEER TO BE SHOWN ON THE FINAL PLAT,MR. MURPHY STATED THAT LOT 19 WAS SHORT 8Y PLANNING 'i 80NING'BOARD REGULAR MEETING FEBRUARY 27, 1985 PAGE I. OF 4 • 0 ONE FOOT ON THE REQUIRED STREET FRONTAGE, AND THAT HE WOULD CORRECT THAT. FOLLOWING.A REVIEW, MR- RANDELS MOVED TO APPROVE THE PRELIMINARY PLAT. MR.,THURM SECONDED MOTION- .MOTION PASSED UNANIMOUSLY. ITEM 3. SITE PLAN REVIEW OCMISTETHOUSES,A(POSTPONED IDGE W00 AVJ-L. O PO ED - THE BOARD REVIEWED THE SITE PLAN FOR OCEAN MIST TOWNHOUSES AND THE CHECKLIST PROVIDED BY THE BUILDING OFFICIAL., FOLLOWING DISCUSSION AND REVIEW, MR. THURM MOVED TO APPROVE THE SITE PLAN.'. MR. RANDELS SECONDED MOTION. MOTION PASSED UNANIMOUSLY.: ITEM 4. SITE PLAN REVIEW VILLAGES OF SEAPORT, AE ATLA T CA E I O O TPO ED 2-13-85! MR. GUNN REPORTED THAT: THE SUBMITTER HAD NOT YET RESPONDED TO ENGINEERING COMMENTS BY CITY ENGINEERS, BRILEY, WILD, AND ASSOCIATES, AND THAT THIS. PROJECT WAS NOT READY FOR SITE PLAN REVIEW- MR. RANDELS MOVED TO 'POSTPONE THIS ITEM UNTIL THE NEXT MEETING, MS. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. - 'ITEM S. DISCUSSION RES ESTABLISHING MINIMUM ACREAGE FOR HOTELS AND HOTELSPOSTPO THE BOARD DISCUSSED ESTABLISHING A MINIMUM ACREAGE REQUIREMENT FOR HOTELS AND MOTELS. MR. THURM AGREED IN FAVOR OF A FIVE -ACRE MINIMUM, SAYING THAT IT WOULD ATTRACT -: THE LARGER HOTELS 'WITH BETTER AMENITIES, AND THAT TRIS WOULD BE BETTER FOR THE. COMMUNITY, MS. BECK ARGUED AGAINST THE. PROPOSAL, SAYING THAT A SMALLER HOTEL NIGHT PROVIDE NEEDED LOWER COST LODGING, MR. RANDELS MOVFM To ESTABLISH A MINIMUM ACREAGE OF 2.5 ACRES- MOTION DIED FOR LACR OF A SECOND. MR. THURM. 14OVED TO ESTABLISH A MINIMUM OP FIVE ACRES•. MR- RANIELS . PLANNING A ZONING BOARD REGULAR MUTING FEBRUARY 27,1985 PAGE 2 OF 4. SECONDED MOTION. VOTE ON THE MOTION WAS AS FOLLOWSt IN FAVOR, MR. THURM. OPPOSED, MR. RUSSELL, MR. RANDELS, MS. BECK AND MR. FEEMAN. MOTION FAILED. ITEM 6. DUSSION RE. REQUIRING 150 UNITS OF A AL OR EL TO BF. ISSUED A CE T PICATE OF OCCUPANCY AT ONE TIME THE BOARD DISCUSSED REQUIREMENTS CONCERNING THE. ISSUANCE.OF CERTIFICATES OF OCCUPANCY FOR, AHOTEL: OR MOTEL. IT WAS THE CONSENSUS OF THE BOARD THAT FOR THE FIRST 150 UNITS, 1001 OF THE PROJECT MUST BE. COMPLETED AND ISSUED A CERTIFICATE OF OCCUPANCY FOR ALL UNITS. AFTER 150 UNITS, AT LEAST 501 OF THE PROJECT SHOULD BE COMPLETED TO RECEIVE A CERTIFICATE OF OCCUPANCY FOR THE UNITS REPRESENTED BY THIS 501. MR. FEEMAN MOVED TO DIRECT THE CITY ATTORNEY AND THE BUILDING OFFICIAL TO DRAFT A PROPOSAL CONSISTENT WITH. THE DISCUSSION. MR. RANDELS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1. REQUEST N0.385-5 VARIANCE TO REDUCE NUMBER OF PA I G PAC S. SEC. 23 TWP MI7E, RX -OF LOC A -B E-5 PE O RS I HAEL FOR CANAVEW 70-99079SCC.. MR. BRISTOL, CHAIRMAN OF CANAVERAL TOWERS ASSOCIATION, AND MR. CARMICHAEL APPEARED BEFORE THE BOARD TO ASK THAT A VARIANCE BE GRANTED TO REDUCE THE NUMBER OF PARKING SPACES AT CANAVERAL TOWEFGCONDOMINIUM..:MR. BRISTOL EXPLAINED THAT THEY WISHED TO PUT IN GARAGES, WHICH WOULD .REQUIRE MORE AREA. KR - BRISTOL STATED R.BRISTOL'STATED THAT THE GARAGES WERE NEEDED. TO PROTECT CARS' AGAINST VANDALISM. MR. CARMICHAEL ADDED THAT. THEIR_ SHRUBBERY HAD RECENTLY BEEN KILLED BY THE ,COLD, AND A NEW ORDINANCE PASSED. BY THE CITY PREVENTED THEM FROM REPLACING IT WITH ANYTHING HIGHER THAN FOUR FEET. PLANNING i BONING BOARD.. REGULAR MEETING FEBRUARY 27, 1985 PAGE 3 OF 4 0 0 FOLLOWING DISCUSSION, MS. BECK MOVED TO RECOMMEND DISAPPROVAL ON THE BASIS, THAT PETITIONER DID NOT SHOW HARDSHIP. MR. THURM SECONDED 'MOTION. 'MOTION PASSED UNANIMOUSLY. ITEM 2. MOTION REt AMENDING SECTION 683.03(D R_A'REHOUSES AN5 MOW= FACILITY MR. GUNN ASKED IF IT WAS, THE INTENTION OF THE BOARD TO ALLOW BUSINESSES TO OPERATE IN A WAREHOUSE OR STORAGE.FACILITY. ALL BOARD. MEMBERS .AGREED THAT THIS, WAS NOT, THE INTENTION OF SECTION 683.03(D). MR.I RANDELSMOVED TO DIRECT ATTORNEY SCOTT AND MR. GUNN TO DRAFT A PROPOSAL PROHIBITING THEN OPERATION OF A BUSINESS IN A WAREHOUSE OR STORAGE .FACILITY, MR. FEEMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 3. DISCUSSt ESTABLISHING MEETING DATE FOR LOCAL.PION I G AGENCY.! CHAIRMAN RUSSELL EXPLAINED THAT THE PURPOSE OF THE LOCAL PLANNING AGENCY IS TO REVIEW AND REVISE, IF NECESSARY,, THE COMPREHENSIVE'. LAND. USE PLAN. 'IT WAS THE .BOARD'S DECISION TO MEET ON THE FIRST AND THIRD WEDNESDAYS OF THE MONTH, FROM 7;30 P.M. To 9:30 P.M, BEGINNING MARCH 20TH. CHAIRMAN RUSSELL URGED MEMBERS TO PUSLICILE.THE MEETINGS,SO AS TO ENCOURAGE PUBLIC :INPUT. MR. WOLEVER STATED THAT SINCE HE WAS MOVING, THAT THIS WOULD BE NIS LAST, MEETING. CHAIRMAN RUSSELL THANKED MR. WOLEVERFOR HIS DEDICATION TO THE BOARD AND To THE COMMUNITY. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. APPROVED _THIS, If" DAY OF %Iia+• A. , 1985. a raan Sore ary PLANNING i ZONING BOARD REGULAR MEETING FEBRUARY 27. 1985 PAGE 4 OF 4 9 0 FILE COPY PLANNING AND ZONING BOARD REGULAR MEETING FEBRUARY 13, 1985 A REGULAR MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON FEBRUARY 13, 1985.. AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. VICE-CHAIRMAN RANDELS CALLED THE MEETING TO ORDER AT 7.30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT WERE. ' ROCKY RANDELS .VICE-CHAIRMAN CHRIS BECK RICHARD-THURM ROCKNEY FEEMAN WILLIAM WINCHESTER SECOND ALTERNATE .MEMBERS ABSENT. LAMAR RUSSELL CHAIRMAN GEORGE WOLEVER, FIRST ALTERNATE OTHERS PRESENT, JOSEPH SCOTT CITY ATTORNEY JEFF ECKLEY CODE ENFORCEMENT OFFICER '.LEO NICHOLAS CITY COUNCILMAN KATHY PFIRMAN SECRETARY. MR. FEEMAN. POINTED OUT THAT HIS NAME WAS. MISSPELLED AS "FREEMAN" IN THE MINUTES OF JANUARY 23, 1985. MR. 'THURM MOVED TO ACCEPT THE MINUTES AS CORRECTED. MS'. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1.. MOTION REt 'AMENDMENT TO SEC; 632.01 DEFINITION OF FRE D S RI POS POKED - MR. ECKLEY REPORTED THAT THIS ITEM HAD BEEN RESOLVED AND THERE WAS NO NEED FOR THE BOARD TO ADDRESS THIS ITEM. 'ITEM 2.DISCUSSION RE: DEFINITION OF "DORMITORY AFTER A DISCUSSION, MR. THURM MOVED TO. RECOMMEND THE FOLLOWING DEFINITION OF DORMITORY: TO THE CITY COUNCIL FOR ADDITION TO THE DEFINITIONS SECTION OF THE ZONING ORDINANCES "A DWELLING WHERE OCCUPANTS RENT OR HIRE INDIVIDUAL. ROOMS OR SPACES AND SHARE COMMON FACILITIES SUCH AS KITCHENS, BATHROOMS OR OTHER COMMON ROOMS AND WHICH ARE INTENDED TO BE UTILIZED PLANNING'[ :ZONING BOARD REGULAR. MEETING FEBRUARY 13., 1985 PAGE 1 OF 4 AS SIMILAR IN NATURE TO AN APARTMENT COMPLEX.. ADULT CONGREGATE LIVING FACILITIES AS RECOGNIZED AND LICENSED BY THE STATE OF FLORIDA ARE EXPRESSLY EXEMPT FROM THIS DEFINITION. MS. BECK SECONDED MOTION- MOTION PASSED UNANIMOUSLY. ITEM 3, RESUBMISSION -0F SITE PLAN CANAVERAL BAY p P ASE D GS U S EA - ALLE E GINEERING, N PO PO E - MR.ECKLEY ASKED THAT THIS ITEM BE POSTPONED DUE TO THE ADMINISTRATIVE REVIEW NOT BEING COMPLETE. MR. THURM MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT REGULARLY SCHEDULED MEETING. MR. WINCHESTER SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM. 1, FLNALCPLAT ORHERAOPRPOSEpOANAETTpOTOWNVeUSBS,' COY KOONTZ AFTER REVIEWING THE PLAT, MS. BECK MOVED. TO APPROVE THE FINAL PLAT. MR. FEEMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. .ITEM 2.'PRELIMINARY PLAT APPROVAL OCEAN `MIST TOW HOU E C SR OF C A STREET. A D R DGEWOO +AV E- J. L. M RP Y MR. ECKLEY ASKED THAT THE BOARD POSTPONE ITEMS 2,3 AND 4 PER MR. GUNN'S REQUEST, MR, MURPHY OBJECTED TO THIS POSTPONEMENT. THE BOARD ELECTED TO MOVE ON TO ITEM 5 WHILE MR. ECKLEY ATTEMPTED TO. CONTACT ,MR. GUNN AT HOME. ITEM 5. NOTION RE: EST LISHINGISEC. 639.61'r EARTH VICE-CHAIRMAN BANDELS READ THROUGH THE PROPOSED ORDINANCE, STOPPING FOR COMMENTS FROM BOARD .MEMBERS AND THE AUDIENCE.THE FOLLOWING AMENDMENTS WERE MAD IN THE PROPOSED ORDINANCE:.:.. (1) ITEM 3 WAS DELETED, (2) ITEM 4 IS TO READ `EARTH STATION ANTENNAS MAY BE ALLOWED IN THE REAR YARD BUT NOT ALLOWED IN THE PLANNING i ZONING BOARD. REGULARMEETING FEBRUARY 13,:1985 PAGE 2 OF 4 • • FRONT OR SID£ YARD", (3) ITEM 6 SHALL READ "THE MAXIMUM HEIGHT HALL BE 10 FEET TO THE HIGHEST POINT OF THE ANTENNA" AND (4) ITEM 9 SHALL READ "ALL EARTH STATION ANTENNA SHALL BE SCREENED BY, AT LEAST A SIX-FOOT FENCE THAT IS AT LEAST 806 OPAQUE". MR. WINCHESTERMOVED TO RECOMMEND THE PROPOSAL AS AMENDED. MR. FEEMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY. .THE BOARD NOW RETURNED TO CONSIDERATION OF ITEM 2. ITEM 2. PRELIMINARY PLAT APPROVAL OCEAN MIST USES, ER OF CHKRUL-EVSTREET AND RIDGEWOOD MR. GUNN WAS CON TACTED BY PHONE AND INDICATED THAT HE SOUGHT,POSTPONEMENT ON THE GROUNDS THAT A RESPONSE FROM BAILEY, WILD (THE CITY ENGINEERS) HAD NOT BEEN RECEIVED.' MR. MURPHY EXPRESSED CRITICISM AT THE LENGTH OF TIME BRILEY, WILD TAKES TO RESPOND.: HE ASKED THAT ATTORNEY SCOTT FOLLOW-UP ON THIS PROBLEM WITH THE CITY MANAGER. MR. SCOTT, INDICATED THAT HE WOULD INFORM THE CITY MANAGER OF THIS PROBLEM. - MR. MURPHY STATED THAT HE REALIZED THE BOARD WAS IN A BAD POSITION AND THAT HE WOULD WITHDRAW,: HIS OBJECTION TO THE .POSTPONEMENT FOR THAT. REASON. MR. THORN MOVED TO POSTPONE ITEMS 2.3 AND 4 UNTIL THE NEXT REGULAR, MEETING. MR. WINCHESTER SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 6. DISCUSSIONREs ALLOWING SHOPPING CENTERS IN AN M-1'ZONE .THE BOARD DISCUSSED ALLOWING SHOPPING CENTERS IN:AN M-1 ZONE, AND MINIMUM ACREAGE AND BUILDING AREA REQUIRED. FOLLOWING TRE DISCUSSION, MR. THURM.NOVED TO RECOMMEND THE ADDITION OF ITEM K TO SECTION 638.07, �TO READ AS FOL.LOWSs (K) SHOPPING CENTERS TO BE :ERECTED ON A 14ININUM OF 12 ACRES WITH A COMBINED BUILDING AREA OF 75,000 SQUARE FEET, MR. WINCHESTER SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 7. DISCUSSION.REs ESTABLISHING MINIMUM ACREAGE R ITEM S. DISCUSSION RE: _REQUIRING 150 UNITS OF A OT�EL pR MOTEL Hs lasueu w a.aauF=ATE ...OF —OCCUPANCY AT ONE TIM PLANNING i BONING BOARD REGULAR MEETING FEBRUARY 13, 1985 PACE 3 OF 4 0 0 THE BOARD ELECTED TO CONSIDER THESE ITEMS TOGETHER, AS ITEM 8 IMPLIES.A MINIMUM. ACREAGE OF 5 ACRES.' SOME MEMBERS FELT THAT.A MINIMUM ACREAGE REQUIREMENT WAS NECESSARY 50 AS TO ATTRACT LARGER,PERHAPSMORE STABLE, HOTEL AND MOTEL CORPORATIONS. FOLLOWING DISCUSSION,. MR.'FEEMAN MOVED TO RECOMMEND ADDING AN ITEM TO PAGE 27 To READ AS FOLLOWSi."A MINIMUM OF FIVE ACRES.IS REQUIRED FOR THE SITE AREA". MR.. THURM SECONDED MOTION. MS. BECK STATED THAT SHE DID NOT FEEL COMFORTABLE EXCLUDING. SMALLER HOTELS OR MOTELS THAT WISH TO LOCATE WITHIN THE CITY. MS. BECK MOVED TO POSTPONE ITEMS 7 AND 8 UNTIL THE NEXT MEETING. MR. WINCHESTER SECONDED MOTION. MOTION PASSED UNANIMOUSLY. THE 14EETING WAS ADJOURNED AT 10150 P.M. APPROVED THIS_DAY OF 40y ', 1985, 010 e rman secretary PLANNING aZONING BOARD REGULAR MEETING FEBRUARY 13, 1985 PAGE 4 OF 4 PLANNING AND ZONING BOARD REGULAR MEETING JANUARY 23, 1985 A REGULAR MEETING, OF THE PLANNING. AND ZONING BOARD WAS HELD ON JANUARY 23, 1995 AT.. CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LAMAR. RUSSELL CALLED THE MEETING TO ORDER AT 7130. P.M. THE CITY CLERK CALLED THE ROLL$.' MEMBERS PRESENT WEREt� LAMAR RUSSELL .CHAIRMAN ROCKY,RANDELSI VICE-CHAIRMAN CHRIS BECK. RICHARD THURM .GEORGE WOLEVER MEMBERS ASSENT: JOHN HARDISON OTHERS PRESENT). JOSEPH SCOTT CITY ATTORNEY ARTIE GUNN BUILDING OFFICIAL JEFF ECKLEY CODE ENFORCEMENT. OFFICER LEO NICHOLAS COUNCILMAN MICHAEL MARCHETTI, COUNCILMAN JAN LEESER CITY CLERK MR. RANDELS MOVED TO APPROVE THE MINUTES OF JANUARY 9TH AS. WRITTEN. MS. BECK SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. AT THIS TIME, MR. RANDELS MOVED TO ADDRESS ITEM UNDER UNFINISHED BUSINESS, MR. THURM SECONDED MOTION, MOTION, CARRIED, UNANIMOUSLY.. ITEM'2. MOTION RE: APPOINTMENTS OF BOARD MEMBER POSTP ED - CHAIRMAN RUSSELL INFORMED THE BOARD THAT MR. HARDISON HAD GIVEN HIM HIS VERBAL RESIGNATION FROM THE BOARD WHICH LEAVES TWO POSITIONS VACANT„ AREGULAR MEMBER AND AN ALTERNATE NEMBER, MR. WOLEVER INDICATED THAT HE WISHED TO REMAIN AN ALTERNATE MEMBER,' AS HE PLANS TO RESIGN IN THE NEAR FUTURE. THE BOARD INTERVIEWED THE FOLLOWING PROSPECTIVE BOARD MEMBERS WHO WERE IN, ..ATTENDANCE: ROCKNEY I am, WILLIAM' SHERIDAN, DALE TROSTORFF AND SILL WINCHESTER., A VOTE WAS TAKEN WITH MR. FEENAN AND MR. WINCHESTER RECEIVING THE HIGHEST NUMBER OF VOTES, PLANNING i ZONING BOARD REGULAR MEETING JANUARY 23, 1985 PAGE 1 OF 5 -Amended MR. RANDELS MOVED TO RECOMMEND THE APPOINTMENT OF MR.. ROCKNEY FREEMAN AS A REGULAR MEMBER AND, MR. BILL WINCHESTER AS SECOND ALTERNATE. MR.. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS. ITEM 1. DISCUSSION REt 639.33 LOCAT10N OF RECREATIONAL 'L�H,1.. P UIP BOATS AND BOAT TILERS (CONTINUED FROM 1-Y-03 NEETTRUY THE BOARD HAD .THE PROPOSED REVISION OF;SECTION 639.33 IN FRONT OF THEM. DISCUSSION FOLLOWED, THE COHSENSUS OF THE BOARD WAS TO REVISE'ITEM 110 TO READ. "PARKING SHALL NOT BE ALLOWED WITHIN ANY SIDE YARD SETBACK". MR. RANDELS MOVED TO RECOMMEND THE REVISED SECTION 639.33 TO THE COUNCIL. MR THURM SECONDED NOTION. COUNCILMAN LEO' NICHOLAS QUESTIONED THE BOARD ON THEIR PHILOSOPHY IN RECOMMENDING THIS CHANGE. DISCUSSION FOLLOWED. THE BOARD EXPLAINED THEY REVIEWED THIS SECTION TWICE,': AT THE REQUEST OF THE COUNCIL, AND HAD. COME TO A COMPROMISE WITH THE CITIZENS. VOTE ON THE MOTION TO RECOMMEND.: THE PROPOSED CHANGE TO COUNCIL WAS AS FOL.LOWS1 IN FAVOR, MR. THURM; :OPPOSED, ..MR. RUSSELL, MR, RANDELS, MS. BECK AND MR. WOLEVER. MOTION FAILED. CITY ATTORNEY SCOTT REQUESTED THE BOARD ADDRESS ITEMS. 3. AND / TOGETHER AS HE HADA INCORPORATED THEN INTO ONE PROPOSED ORDINANCE. ITEM 3. MOTION REt AMENDMENT TO SEC. 639.57 REQUIRING A REQUEST FOR VACA I G PUB IC TO BH IH7ITTE0 3o DAgs PRIOR TO P D ZONING BOARD MEETINU (POSTPONED ITEM. A. NOTION REtAMENOMENTS TO SEC. 615.21 AND SEC. 615.25 FOR VARIANCES ^ND -SPECIAL EP O_NS TO BE SUBMITTED 14 DAYSPRIOR TO PLANNING AND ZO I G BOARD MEETING POSTPONED THE BOARD REVIEWED THE PROPOSED ORDINANCE.: MR. WOLEVER MOVED TO RECOMMEND IT TO COUNCIL. MS. BECK SECONDED .MOTION - MOTION CARRIED UNANIMOUSLY... PLANNING 4. ZONING BOARD REGULAR MEETING ,JANUARY 23, 1985. PAGE 2 OF 5 ITEM 5. MOTION RES ESTABLISHINGAA NEW SEC- 639.36, L G OR PO MR. RANDELS MOVED To RECOMMEND THE PROPOSED ORDINANCE TO COUNCIL. MR. WOLEVER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ATTORNEY SCOTT REQUESTED THE BOARD CONSIDER THE FOLLOWING TWO ITEMS AT THIS TIME SO THE BUILDING OFFICIAL COULD MAKE HIS PRESENTATION BEFORE HE HAD TO LEAVE. ITEM 8. MOTION RES AMENDMENT TO SEC. '637.25 SEC.. 637.39, E . ES A L S BACK U E TSS O PRIVATE STREE PO TPO D ITEM 4. (NEW BUSINESS) MOTION RES AMENDMENT TO SEC. 632.01, ST IS ING DEPI IT 0 S FOR PRIVATE RIVE AND P A STREET - MR. EMR. GUNN PRESENTED THE BOARD WITH DEFINITIONS FOR PRIVATE DRIVE AND PRIVATE STREET, : AND ASKED THEM TO CONSIDERESTABLISHING A 25' SETBACK REQUIREMENT FOR A PRIVATE STREET IN ALL ZONING, DISTRICTS. MR. RANDELS .MOVED TO RECOMMEND THE DEFINITIONS AND THE SETBACK REQUIREMENTS, TO COUNCIL. MR., WOLEVER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. .ITEM 6. M GNsN D ACCESDORYTSTRUCEURES39N2T E SETBACK POS PO E - THE BOARD QUESTIONED ALLOWING ACCESSORY STRUCTURES IN THE SETBACK. MR. ECKLEY POINTED OUT THAT SEC., 639.21, "SETBACK ENCROACHMENTS" ADDRESSES THIS ISSUE. THE CONSENSUS OF THE BOARD WAS THAT IT .DID NOT NEED TO BE ADDRESSED IN MORE THAN ONE PLACE IN THE ZONING REGULATIONS. MR.. WOLEVER. MOVED TO RECOMMEND THE PROPOSED ORDINANCE TO COUNCIL., STRIKING THE REFERENCE TO ACCESSORY STRUCTURES.- MS. BECK SECONDED MOTION. MOTION .CARRIED UNANIMOUSLY. ITEM 7. MOTION RES AMENDNENT To SEC. 632.01 DEFINITIONS OP IRB D 5 AT THE REQUEST OF MR. ECKLEY, MR, THURM MOVED TO TABLE. THE DEFINITION OF FIRE DISTRICT. MS. BECK SECONDED MOTION. .MOTION CARRIED UNANIMOUSLY. PLANNING& ZONING BOARD REGULAR MEETING JANUARY 23, 1985 PAGE 3 OF 5 CITY ATTORNEY SCOTT HAD INCLUDED THE DEFINITION OF -DORMITORY*IN THE PROPOSED ORDINANCE. DISCUSSION. FOLLOWED ON THIS DEFINITION. AGENDA THIS ITEM FOR THE NEXT MEETING. DISCUSSION FOLLOWED ON THE PROPOSED DEFINITIONS FOR HOTELS AND MOTELS. COUNCILMAN NICHOLAS SUGGESTED THE BOARD CONSIDER ESTABLISHING A MINIMUM ACREAGE FOR HOTELS AND MOTELS IN THE C-1 DISTRICT. AGENDA THIS ITEM FOR THE NEXT MEETING.' MR. RANDELS MOVED TO RECOMMEND THE DEFINITIONS OF, HO TEL AND MOTEL TO COUNCIL., MR.'THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. REQUEST NO. 85-4 REZONING (M-1 TO C-1)STWO E 37E1 .PORT nF TAA E - E 377 t§j RA A ES! •1.VLn+cv I T OP A AUT i CE LVD AC LOCATED 0 T SIDE OF ASTRO UBLVD., MME ATFL SOOT OF EFORME .B. . L - PET I0 E S 0 CEVESCO, I C- MR. JOHN XABBOORD PRESENTED His CASE TO THE BOARD, HE EXPLAINED THEY HAD ."ANCHOR TENANTS'.,WHO WERE INTERESTED IN THE 12.5 'ACRE SITE FOR A SHOPPING CENTER. THE SMALLER 3.5'. ACRE PARCEL OF LAND WOULD POSSIBLY BE UTILIZED FOR A LENDING INSTITUT10N OR A BOWLING ALLEY. HIS CONTENTION WAS THAT THE REZONING WOULD BE .COMPATIBLE WITH ADJOINING C-1 PARCELS.' DISCUSSION FOLLOWED•.. MR. RUSSELL QUESTIONED THE -CITY ATTORNEY REGARDING IF APPROVAL OF THIS REQUEST WOULD BE CONSIDERED. SPOT ZONING. MR.- SCOTT WAS OF THE OPINION THAT THE REZONING WOULD BE EXPANDING THE C-1 ZONE1 CONTIGUOUS WITH' .PRESENT C-1 ZONED AREAS. MR. THORN EXPRESSED CONCERN THAT THE REZONING WOULD BE GRANTED WITH NO GUARANTEE FROM THE DEVELOPER. THAT A SHOPPING CENTER WOULD BE BUILT ON THE SITE. PLANNING i ZONING BOARD REGULAR MEETING ,JANUARY23.. 1965, ' PAGE 4 OF 5. 0 0 DISCUSSION, CONTINUED BY THE BOARD ON ADDRESSING REZONING SOME OF THE M-1 ZONED PARCELS IN THAT AREA WHEN THE COMPREHENSIVE PLAN IS REVIEWED. MR. RANDELS MOVED TO .APPROVE REQUEST NO. 85-4, MR. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2.. FINAL PLAT APPROVAL SPINDRIFTTOWNHOUSES,, APE NAVERAL BEAC GARDEVNDS) MR. RANDELS MOVED TO APPROVE THE PLAT.' MR. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3, RESUBMISSION. OF SITE PLAN- CANAVERALBAY CONDOMINIUM P CH AL ENGINEERING INC. I G AT THE REQUEST OF MR. ECKLEY, MR'. THURM MOVED To POSTPONE THIS ITEM UNTIL THE NEXT MEETING. �.MR. WOLEVER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. MOTION REs AMENDMENT 1'0 'RULES OPPROCEDURE" MR. RANDELS. MOVED TO APPROVE THE FOLLOWING AMENDMENT AS ITEM i18 TO THE RULES OF PROCEDURE.` *18 - ATTEENDANC6s: (1) Members shall notify the Chairman of.the .Board or the City Clerk's Office if they cannot attend a Meeting. (2) If a member misses two (2) out of three'(3) consecutive regular meetings, without cause and without prior approval of the Chairman. the Board shall declare the member's office Vacant. The vacancy on the 'Board shall be filled by appointment by the City Council. MS. BECK SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS, ADJOURNED AT 10:07 P.M. APPROVED THIS ea'T DAY oF,{%sru is i'� . 1985. 0 AD��^ C a rman cretary PLANNING i ZONING. BOARD REGULAR MEETING JANUARY 23, 1985 PAGE 5 OF 5 FILL Wi)y PLANNING AND ZONING BOARD REGULAR MEETING JANUARY 9, 1985 A REGULAR. MEETING OF THE PLANNING AND ZONING BOARD WAS HELD ON JANUARY 91 1985 AT CITY HALL, 105POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LAMAR RUSSELL CALLED THE MEETING TO ORDER AT 7j30 P.M.: THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT WERE$. LAMAR RUSSELL CHAIRMAN RICHARD THURM CHRIS BECK MEMBERS ABSENT WERES' ROCKY RANDELS VICE CHAIRMAN JOHN HARBISON GEORGE WOLEVER OTHERS PRESENT WEREi'; 'JOSEPH SCOTT CITY ATTORNEY ARTIS GUNNCO .. BUILDING OFFICIAL . WAYNE RUTHERFORD ...MAYOR TTY COUNCILMAN JERRY FISCHETTIC MICHAEL MARCHETTI CITY COUNCILMAN JOHN WINCHESTER. CITY COUNCILMAN L£0 NICHOLAS CITY COUNCILMAN FREDERICK NUTT. CITY'MANAGER KATHY PFIRMAN .SECRETARY. MR. THURM MOVED TO APPROVE THE MINUTES OF NOVEMBER 28, 1980 AS AMENDED. MS. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. MS. BECK MOVED TO APPROVE THE MINUTES OF DECEMBER 1T, 1984, MR. RUSSELL SECONDED MOTION. MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM. 1. DISCUSSION RES HOTELS'AND MOTELS (CONTINUED FRO - MR. CAREY PRITCHETT, OWNER OF THE PROPERTY LOCATED SOUTH OF JETTY PARE ON WHICH THE PROPOSED RADISSON INN WOULD BE BtlILT, INTRODUCED THE DEVELOPERS OF TRE PROJECT' MR. TOM JENSEN,.. PRESIDENT OF OLYMPUS DEVELOPMENT. zoLAINED THAT .HIS COMPANY WOULD WORK IN. CONJUNCTION WITH LAKELAND, :CONSTRUCTION COMPANY.` THE PRESIDENT OF LAKEIAM CONSTRUCTION, JIM KENNEDY, PRESENTED SLIDES OP THE .RECENTLY OPENED RADISSON MAINGATE IN ORLANDO. PLANNING& ZONING DOM REGULAR MEETING JANUARY 9, 1965 PAGE 1 OF 5 0 • FOLLOWING THE SLIDE PRESENTATION, QUESTIONS FROM THE BOARD AND THE AUDIENCE WERE .ENTERTAINED. A MAJOR CONCERN OF THE BOARD WAS THE TRAFFIC PATTERN, MR. PRITCHETT. EXPLAINED THAT HE HAD OBTAINED A LEASE FROM THE PORT AUTHORITY AND THAT A STREET WOULD BE BUILT TO SERVICE THE HOTEL.. HE INDICATED' THAT THIS STREET WOULD TIE INTO RIDGEWOOD AVENUE. HE ALSO STATED THAT FUNDS WOULD BE HELD IN ESCROW TO PROVIDE FOR THE RIDGEWOOD EXTENSION. CHAIRMAN RUSSELL EXPLAINED THAT SINCE THIS PARCEL OF LAND IS NOT ZONED FOR HOTELS, EITHER ,THE PARCEL WOULD. HAVE TO. BE REZONED, OR .HOTELS/MOTELS WOULD HAVE TO BE ALLOWED IN R-3 BY SPECIAL EXCEPTION. THE FIRST OPTION WOULD TAKE APPROXIMATELY SIX MONTHS. THE SECOND OPTION WOULD TAKE ABOUT. TWO TO THREE MONTHS. MR. THURM MOVED TD RECOMMEND THAT HOTELS/MOTELS-OF NO LESS THAN 150 UNITS AND ON LAND NO LESS THAN 10 ACRES, WHOSE BUILDINGS CONFORM TO C-1 REQUIREMENTS, BE ALLOWED IN R-3 BY SPECIAL EXCEPTION. MR. RUSSELL SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM. 2. DISCUSSION REs SEC 639.33 `LOCATION OF nn.TS6TTn"i5i'F' v TCi.E CAMPING EOU1PFsOF OATS AND ATTRAILERS (CONTINUE FROM THE PROPOSED ORDINANCE WAS'DISCUSSED WITH CHANGES SUGGESTED BY THE BOARD AND FROM THE FLOOR. MR. GUNN AGREED TO INCORPORATE THESE CHANGES IN A REVISED FORM To BE PRESENTED AT THE NEXT MEETING. MR. THURN MOVED TO POSTPONE THE REMAINDER OF UNFINISHED BUSINESS. UNTIL THE WORKSHOP MEETING OF JANUARY 16, 1905- MS. BECK SECONDED, MOTION.-, NOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM I. REQUEST NO. 85-2 VARIANCE TO ALLOW 'A6' SOLID, CONCRETE WALL ON A PARCELOF LAND IN SEC 4. ME ATED T O ON RE L COTT, AGS FOR - E JO VENTURE PLANNING i ZONING BOARD REGULAR MEETING ..JANUARY, 9, 1985 PAGE 2 OF 5 MR. JIM RINEMAN, ATTORNEY FOR MAXI -HOMES, APPEARED BEFORE THE BOARD TO EXPLAIN THE REQUEST AND ANSWER ANY QUESTIONS. THE BOARD MIGHT HAVE. HE EXPLAINED THAT THE 8IX-POOT SOLID CONCRETE WALL WAS REQUESTED 'BY RESIDENTS OF HARBOR HEIGHTS. .SMR. BUSSEN, ENGINEER FOR THE PROJECT, TOLD THE BOARD THAT EVERY 24 FEET IN THE WALL, THERE WOULD BE APILASTER, AND THAT, THE ENTIRE' WALL WOULD BE STUCCOED ON BOTH SIDES. 'AFTER A DISCUSSION, ME, BECK MOVED, TO RECOMMEND APPROVAL' OF THE REQUEST. MR.: THURM SECONDED MOTION. MOTION PASSED' UNANIMOUSLY, ITEM 2. REQUEST NO. 85-3 VARIANCE TO REDUCE SETBACK AL A A O P R L OF D N SE SP S .AGE E VILLAGES OFSEAPORT, TE I R P OR EIGHTS O A E E ITIONER ME 0I T VENTURE MR.' RINEMAW, ATTORNEY FOR MAXI -HOMES, EXPLAINED THAT HE BELIEVED THAT IT WAS NOT THE INTENT OF THE ORDINANCE TO EXCLUDE A GUARDHOUSE. HE EXPLAINED THAT THE GUARDHOUSE WOULD NOT BE DETRIMENTAL TO THE COMMUNITY - AFTER REVIEW OF THE PLAN AND DISCUSSION, MR. THURM MOVED TO RECOMMEND APPROVAL OP THE VARIANCE. 'MS. BECK SECONDED MOTION. MOTION PASSED :UNANIMOUSLY. ITEM 3. SITE PLAN REVIEW TREASUREOISLAND CLUBU. 300INGS POUR THRO GN P FTSE - FO O CEPT . I C. THE SITE PLAN AND CHECKLIST WERE REVIEWED BY THE BOARD.. .AFTER DISCUSSION, MR. THORN MOVED. TO APPROVE THE SITE PLAN WITH THE CONTINGENCY THAT THE END UNITS WOULD NOT BE ALLOWED TO BE SCREENED. THE RATIONALE FOR THIS CONTINGENCY WAS TO ALLOW FOR A BREEZEWAY. MS. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM /. DISCUSSION REi CONNERCIAL SITE PLAN 100 AL ED BURNS PLANNING.6 ZONING, BOARD REGULAR MEETING JANUARY 9, 1985 PAGE 3 OF 5 m 0 0 MR. GUNN EXPLAINED. THAT MR. BURNS' SITE, PLAN WAS APPROVED ON. JUNE '22, 1983- AT THE TIME OF APPROVAL,. THERE WAS NO PROVISION FOR SITE PLAN EXPIRATION. SUBSEQUENT 'TO,THIS TIME, SECTION 547.07, PROVIDING FOR iTHE EXPIRATION OF SITE PLANS, WASADOPTED. THIS SECTION PROVIDES THAT ALL SITE PLANS EXPIRE SIX MONTHS FROM THE DATE OF APPROVAL. UNLESS A BUILDING PERMIT IS,,PULLED. THEN, THE PLAN IS VALID. FOR THE LIFE EXPECTANCY OF THE BUILDING PERMIT. 'THE BOARD WAS UNANIMOUS IN ITS OPINION THAT THIS SITE PLAN HAD EXPIRED.` ITEM. 5. DISCUSSION REt TREE'PROTECTION ORDINANCE CHAIRMAN RUSSELL EXPLAINED THAT THE CITY CODE PROTECTS TREES i INCHES OR MORE IN DIAMETER,::YET THE ZONING BOOK,.PROTECT9 TREES 6 INCHES IN DIAMETER. MR. RUSSELL ASKED THATTHEBOARD RECOMMEND THAT THE ZONING BOOK BE CHANGED TO CONFORM. WITH THE CITY CODE, MS. BECK MOVED TO CHANGE THE WORDING OF 640.09 TO PROTECT' ALL TREES < INCHES OR MORE IN DIAMETER. MR. THURM SECONDED. MOTION. MOTION PASSED UNANIMOUSLY.' MR.. RUSSELL MOVED TO MAKE THIS PROVISION GLOBAL FOR ALL ZONES. MS. BECK SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 6. DISCUSSION REt APPOINTMENT OF BOARD MEMBER CHAIRMAN RUSSELL EXPLAINED THAT THE SECOND ALTERNATE POSITION'WAS OPEN AND NEEDED TO BE PILLED,' AT THIS POINT. THERE ARE SIX APPLICANTS s CANDACE DAVIS, ROCKNEY FEEMAN,WILLIAM E. SHERIDAN, DAN KEAN. GENEVA BUSSES AND WILLIAM WINCHESTER. SHE TWO APPLICANTS PRESENT. MR.' FESMAW AND MR. WIN CHESTER. WERE INTERVIEWED BY THE BOARD. A MEMBER OF TUB AUDIENCE' MR. TROSTORFP, INDICATED THAT. HE HAS ALSO APPLIED FOR THE ALTERNATE POSITION, PLANNING i-ZONINGBOARD. `.RZGULAR' MEETING ..JANUARY -9, 1985 PAGE 4 OF S ♦ 9 m