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Home My WebLink AboutP & Z Minutes 1972 & AgendasCity of Cape Canaveral 105 POLR AV APE CANAVERAL. FLORIDA ]]E20 TEL[PNOHF ]0] lB]1100 REGULAR MEETING ZONING & PLANNING BOARD JANUARY 26, 1972 AGENDA CALL TO ORDER ROLL CALL ITEM 1. COUI4CIL14ANIS REPORT - MR. E. HARRISON RHAME ITEM 2. BUILDING OFFICIAL'S REPORT - MR. JACK HURCK S ITEM 3• APPROVAL OF MINUTES - REGULAR MEETING - JANUARY 12, 1972 ITEM I1. DISCUSSION - BLOCK 60 - (BETWEEN FILLMORE & PIERCE - ON OCEAN) Frank Benito ITEM 5. DISCUSSION - WCKS RADIO STATION (ACCESSORY BUILDING) ITEM 6. DISCUSSION - PROPOSED RIDGEWOOD AVENUE EXTENSION ADJOURN YR'7TSI D. M TI--- Zoning & Planning Board n lJ 04 REGULAR MEETING ' ZONING& PLANNING BOARD JANUARY 26, 1972 The Regular Meeting of the Zoning & Planning Board of the City of Cape Canaveral, Florida was held at City Hall, 105 Polk Avenue on January 26, 1972. The meeting was called to order at 7:30 p.m. by Chairman Martin. Present: Board Members Martin, De Veau and Burkett; Council- man Rhame, City Manager Francis, Building Official Hurck, County Planner Hansel and Board Secretary. Also present Caere: Frank Benito, H.Schramm,Ralph Hatcher and Ray Eichhorat. ITEM 1. COUNCILMAN'S REPORT - MR. E. HARRISON RHAME Councilman Rhame reported that the City Attorney had beenre- queated by Council to submit a draft of proposed amendments, for approval by Council, relative to R -2 set -back requirements on 50' corner lots, also a draft of proposed amendments to the existing sign ordinance. ITEM 2. BUILDING OFFICIAL'S REPORT - MR. JACK HURCK Building permits issued January 13 - January 2.6, 1972 were discussed.. (copy attached) ITEM 3. APPROVAL OF MINUTES - REGULAR MEETING - JANUARY 12, 1972 ldotion was made by Mr. DeVeau, seconded by Mr. Burkett to approve the Minutes of the Regular Meeting of January 12, 1972 as amended. ITEM 11. DISCUSSION - BLOCK 60 - BETWEEN FILLMORE & PIERCE - ON OCEAN Frank ➢eni -o Mr. Frank Benito and H. Sc hramn submit Led a preliminary sketch of proposed condominium to be located between Fillmore and Pierce Avenues, on the ocean. Informal discussion as to requirements as stipulated in our zoning ordinance and allowed uses in that area relative to condominiums followed. ITEM 5. DISCUSSION - WCKS RADIO STATION (ACCESSORY BUILDING Mr. Ralph Hatcher, representative for WCKS, requested permission to erect an acceacory building on the WCKS property. Mr. Hatcher wan Informed that this was not an allowed use in a R -3 zone and was not listed as permissible under the Special Exception section of the ordinance In a R -3 area. 4k REGULAR MEETING ZONING & PLANNING BOARD PAGE TWO JANUARY 26, 1972 After discussion, The Board agreed that radio and television studios, broadcasting towers and antennas should have been in- cluded in the Special Exception section of R -3 and stated they would recommend to Council that this item be added. ITEM 6. DISCUSSION - PROPOSED RIDGEIJOOD AVENUE EXTENSION The Board, by vote of 3 - 0, wishes to go oil record as recommend- ing that Ridgewood Avenue, east of Harbor Heights Subdivision, remain as presently platted on the official zoning map adopted August 4, 1971, The Board asked that Mr. Tom Strang of Briley, Wild &Associates, City. Engineers be in attendance at the meeting of February 9th or March 16t as further discussion will be held at that time. A letter of resignation from Board Member, Robert Cason was read. to the zoning ordinance The follot•ring amendments /are reconunended to Council by unanimous vote of the Board: 1) Page 26, Item 2, Accea:aory Uses and Structures should be changed to read as follows! 2. Accessory Uses and Structure:- Same as R-1, and in addition: (a) Parking lots and facilities in conjunction with one or more principal uses. 2) Page 311, Item 3 (b) 2. line 4 should read: of Section XII (13), and any other conditions required 3) Page 36, Item 11, line 2 should read: XII (13), shall be pro- vided along any property line 4) Page 1111, Item 59• Patio should read: Item 59. Patio - See Terrace 5) Page 30, Item 3• Special Exceptions Permissible by Board of Adjustment - add (I) to read as follows' (1) Radio and television studios broadeastluc towers and antennas. There being no further business to come before the Board, the meeting i•:as adjourned at 1.1:20 p.m., motion being made by Mr. De Venu, seconded by Mr. Burkett. Rs ectfully submitted, e p Franklin D. I.la rti.n, Chalmuan Zoning & Planning Board BUILDING PERMITS ISSUED FROM 13 JANUARY '72 TO 26 JANUARY '72 PEI -0IT DATE NUMBER ISSUED OWNER /ADDRESS TYPE CONST. PERMIT 1636 1/19/72 Dr, Lee Rogers, Sr, 617 E. Install Electrical COST $350.00 PEE $10.00 Madison Ave, Wiring - Replace Re- ceptacles, Range, Water Heater, A /C, 150 amp service- 10 destroyed by fire 1/25/72 Pauline Kaeppner Paint Duplex $280.00 $ 5.00 112 -114 Tyler Ave. GAS PERMITS ISSUED,,,,, SEWER PERMITS ISSUED.. .. •.. •' • 0 STREET EXCAVATION PERMITS • ISSUED ,,,,,,•••0 WELL PERMITS ISSUED •,,,,,,,, •• " •••••••••••. 1 1 - Schiebe City of Cape Canaveral 106 POLE AV . CAPE CANAVERAL. FLORIDA 62610 T[L[PRON[1.1 ,6,.1.00 REGULAR MEETING ZOIII14G & PLANNING BOARD FEBRUARY 9, 1972 30 P.N. ® AGENDA CALL TO ORDER ROLL CALL ZONING REQUEST //72 -3 - VARIANCE to set -back requirements 375 Harbor Drive- Pamela Wright ZONING REQUEST #72 -5 - SPECIAL EXCEPTION to allow operation of Day Care Nursery at 377 Jefferson Avenue- Shirley Smith Z014IIIG REQUEST x/72 -6 - SPECIAL EXCEPTION to Height Regulations VARIANCE to Minimum Lot Area Require- ments -Block 60 between Fillmore & Pierce Avenues- Oceana Properties, Inc. Harry Schramm RECESS DELIBERATION & WORK SHOP Item 1. Councilman's Report - Mr. E. Harrison Rhame Item 2. Building Official's Report - Mr. Jack Hurdc Item 3. Approval of Minutes- Regular Meeting- January 26, 1972 Item 4. Discussion & Recommendation - Zoning Request #72 -3 Item 5. Discussion & Recommendation- Zoning Request #72 -5 Item 6. Discussion & Recommendation - Zoning Request #72 -6 Item 7. Discussion - Proposed Ridgewood Avenue Extension Item 8. Discussion - Zoning Request Procedure Item 9. Discussion - Zoning Board Applicationa (Vacancy ADJOURN On Board) M REGULAR MEETING ZONING F PLANNING BOARD February 9, 197E The Regular Meeting of the Zoning $ Planning Board of the City of Cape Canaveral, Florida was held at the City Hall, 105 Polk Avenue on ® February 9, 1972. The meeting was called to order at 7:35 P.M. by Chairman Frank Martin, Present: Board Members Martin, Burkett, De Veau and Van Wagner; Councilman Rhame; Building Official ilurck and County Planner Hansel. Absent: City Manager Francis. ZONING REQUEST ES= #72_3.- VARIANCE to set -back requirements 375 Harbor Drive - Pamela Wright Chairman Martin reviewed the application. Mrs. Wright was in attend- ance and .explained that the work in question was done while she was in othe hospital and she was unaware of any problem until it was finished. Mr. Fred Carter was the contractor with no permit and no occupational license Mr. Ilurck brought out that the house was on the 25 ft, set back line and the porch added another 10 feet. Also, the contractor finished the job after he was told to cease.. Three violations involved - set back, no building permit and no license. Chairman Martin thanked Mrs. Wright for coming and informed her that the Board of Adjustment would hold Public Hearing on her request on February 15, 1972. ZONING REQUEST X72 -5 - SPECIAL EXCEPTION - Day Child Care Nursery 377 Jefferson - Shirley Smith After review of the application, Mrs. Smith told the Board that she started her Nursc ry• in October 1971 due to the need for such facility in the City, lilleu she became aware of the need for a license and Health Department approval, she contacted the Health Department, who inspected the operation and verbally approved. Her four daughters, ages 14 to 18 help with the care of the children. Operation is in one half of a duplex With required floor space, parking and hath facility. Extra parking is available across the street if necessary and landlord had offered to fence and help make more room available if need arises. ZONING REQUES7' #72 -6 - SPECIAL EXCEPTION F VARIANCE - Occana Properties, Height Itogulations$ Dlinim.l.ot Area Block 60 between Fillmare f Pierce Avenues Inc. Chairman read a letter from the applicant outlining the proposed project and need for the requests. "eight of building to he 70 feet, with 2 parking spaces por unit (approximately half covered), square footage per unit all ove minimum requirement, sidewalks, planting strip if allowed and Sea Wall the s s Iw width of property, and extended if desired by the City. An additional Variance request was added to the application due to planned parking on the front set back, which is not permitted. Applicant also will be asking the City to close the alley running through the property. Mr. Benito, Architect and Mr. Harry Schramm were in attendance and furnished all this information to the Board. The meeting recessed at 8:37 P.M. and reconvened at 8:50 P.M. DELIBERATION F WORK SHOP Item 1. COUNCILMAN'S REPORT - MR. E. 11. RIIAME Mr. Ithame reported that the suggested amendments to the Zoning Ordinance were scheduled for first reading by Council on February 15, 1972. Question arose as to advertising Public Hearing on the amendments, and whether or not first reading could be held on this date. Clarification needed. Item 2. BUILDING OFFICIAL REPORT - MR. JACK IIURCK Mr. Ilurck reported three permits issued in the last two weeks. Item S. APPROVAL OF MINUTES OF REGULAR MEETING JANUARY 26 1972. Minutes of the meeting of January 26, 1972 were approved as read by motion of Mr. De Veau, seconded by Mr. Burkett. Item 4. DISCUSSION f, RECOMMENDATION - ZONING RIiQUEST #72 -3 The request was restated and discussion followed. Mr. Jack Moline spoke for the applicant explaining that the work had cost her $400 and the application $75. Vote of the Board: 3 to 1 for disapproval of request Reasons: Non- conforming use and no hardship shown, which is a requirement of granting a variance. Item S. DISCUSSION G RECOMMENDATION - ZONING REQUEST X 72 -5 After discussion, Vote . of the Board: Unanimous for Approval Reasons:l.l.isted under special exceptions in R -2 2.Need of this facility in the City Item G. DISCUSSION $ RECOMMENDATION - ZONING REQUEST M 72 -6 After further discussion by the Board Mr. Van Wagner moved to table this item to the next meeting. Mr. De Veau seconded the motion. Mr. lihame recommended that Mr. Schramm and Mr. Benito be invited to attend the next meeting for further study of the plan. Item 7. DISCUSSION- PItOI'OSEU ItIDGIih'000 AVENUE EXTENSION Item 8.. DISCUSSION - ZONING REQUEST PROCEDURE The Board agreed to table items 7 and 8 to the next meeting. Item 9. DISCUSSION - ZONING BOARD APPLICATIONS j Letters of application were received from the following: Mr. Raymond Bichhorst Mr. Franklyn P. Maclay Mr. Elvin II. Allen Mr. R. R. Moeller One vote was cast for Mr. Allen and three for Mr. Maclay. The Board recommends to Council that Mr. Franklyn P. Maclay be appointed ® to the Board. By motion of Mr. Do Veen, seconded by Mr. Van Wagner the meeting was adjourned at 11:00 P.M. • Respectfully submitted, Mr. Frank Martin, Chairman Zoning F planning Board i ^r City of Cape Canaveral . o- 1329.0 loe a IIENUE ... _Holt DUe 788•IIOO REGULAR crtrw un WVM ZONIS]G 8; PLANNING BOARD MARCH 1, 1972 7,30P.M_ RECESS DELIBERA'fI011 S NO UK SItOP Item 1. Councilman's Report - idr, E. Harrison Rhame Item 2. Building Official's Report - 141b, Jack Hurck Item 3• Approval of IAlnutes- Regular Meeting- February 9, 1972 Item k. Discussion t: Recommendation - Zoning Request 1/72-6 Item s. Discussion & Recommendation - Zoning Request #72-4 Item 6. Discussion - Proposed Ridgewood Avenue Extension Item 7• Discussion - Zoning Request Procedure Item S. Vice- Chairman Vacancy on Zoning Board - Appointment ADJOURN �n;ngnt-ard a r an nk y Zoning AGENDA CALL TO ORDER ROLL CALL ZONING REQUEST 1172 -6 - SPECIAL EXCEPTION to Height Regulations VARIANCE to Minimum - Block 60 S Lot Area Requirements between Flllmore E; Pierce Avenue Inc. - Harry Schramm Oceana Properties, (TABLED FROM MEETING OP FEBRUARY 9, 1972 ZONING REQUEST 1172-11 - SPECIAL EXCEPTION - To Build Addition Quarters (t•ICKS Radio Station) to Present 210 Center Street RECESS DELIBERA'fI011 S NO UK SItOP Item 1. Councilman's Report - idr, E. Harrison Rhame Item 2. Building Official's Report - 141b, Jack Hurck Item 3• Approval of IAlnutes- Regular Meeting- February 9, 1972 Item k. Discussion t: Recommendation - Zoning Request 1/72-6 Item s. Discussion & Recommendation - Zoning Request #72-4 Item 6. Discussion - Proposed Ridgewood Avenue Extension Item 7• Discussion - Zoning Request Procedure Item S. Vice- Chairman Vacancy on Zoning Board - Appointment ADJOURN �n;ngnt-ard a r an nk y Zoning REGULAR Mi3ETING ZONING & PLANNING BOARD MARCH 1, 1972. The Regular Meeting of the Zoning & Planning Board of the City of Cape Canaveral, Florida was held at City Hall, 105 Polk Avenue on March 1, 1972• The meeting wan called to order at 7:40 P.M. by Chairman Martin. Present: Board Members Martin, Van Wagner, De Vend, Burkett and Maclay; Councilman Nicholas; City Manager Francis, Building Official Hurck, County Planner Hansel and Board Secretary. Guests: Frank Benito, Harry Schramm and Ralph Hatcher. ZONING REQUEST - 7172 -6 - SPECIAL EXCEPTION to Height Regulations VARIANCE to Minimum Lot Area Requirements VARIANCE to Set -Back Requirements (to allow parking in set -back area) Architect Frank Benito and Harry Schramm were in attendance and Mr. Benito submitted Scheme 775 which he had amended since, the meeting of February 9th to show parking within the set-back area. After dis- cussion of the request, Mr. Benito and Mr. Schramm were informed that the Board would recommend to the Board of Adjustment either . approval or disapproval after further deliberation of the request during the deliberation and work shop portion of the meeting. ZONING REQUEST - #72 -4 - SPECIAL EXCEPTION - To Build Addition to Present Quarters (WCKS Radio Station) 210 Center Street Mr. Ralph Hatcher or Communl- Cable, Inc. wan in attendance and atnted Communi- Cable, Inc. was not in the position to add on to the WCKS Radio Station at this time. Mr. Hatcher was informed by the Board that the amendment to the zoning ordinance had already had first reading (said amendment would. an aSpecial Exception allow radio stations, etc. /in an R -3 zoned area) and after second reading of the amendment, should he desire to erect the addition, he need only apply for a building permit and would not be required to apply for a Special Exception.' DELIBERATION & WORK SHOP Item 1. Councilman's Report - Mr. E. Harrison Rhame As Councilman Rhame was out of the country, Councilman Nicholas gave the report. Councilman Nicholas reported that the Variance Request #72 -3 by Mrs. Pamela Wright had been denied. -As Amended REGULAR MEETING 1. . ZONING & PLANNING BOARD MARCH 1, 1972 PAGE 11.10 Councilman Nicholas further stated that the amendment to the zoning ordinance, Ordinance #2 -72 had first reading and second read- ing was scheduled for March 7th. Council appointed Franklyn Maclay Oto the Zoning & Planning Board as recommended by the Board. ITEM 2. BUILDING OFFICIAL'S REPORT - MR. JACK HURCK Permits issued January 27 - March 1, 1972 were discussed. (Copy attached). Mr. Hurck pointed out that the City needed opecificetiona relative to sidewalks, seawalls and bulkheads. ITEM 3. APPROVAL OF MINUTES - REGULAR MEETING - FEBRUARY 9, 1972 Motion was made by Mr. De Veau, seconded. by Mr. Burkett to approve the Minutes of the Regular Meeting of February 9, 1972 as read. ITEM 4. DISCUSSION & RECOMMENDATION- ZONING REQUEST #72 -6 Mr. Benito stated they could erect a building that would meet all zoning requirements but felt it would be less desirable than the proposed drawing. After further discussion, Vote of the Board: DISAPPROVAL of Variance to Minimum Lot Area Requirements and Set -Back Requirementa. APPROVAL to Special Exception to Height Regulations. VOTE was it - 1 with Mr. Van Wagner approving all requested items. Mr. Van Wagner, 3* philosophy: Felt the City needed this type structurewlth recreational facilities and felt a structure that met all zoning requirements as outlined in the zoning ordinance would be much less desirable than; the plan submitted. Philosophy of Board: Stipulations as stated in the ordinance are needed and felt that no hardship wan involved. Mr. Benito stated he would submit to the Board of Adjustment a plan that would conform to all the ordinance requirements for comparison purposes with Sketch #5. ITEM 5. DISCUSSION Ps RECO107ENDATION- ZONING HONEST #72 -4 Further discussion was not necessary on Zoning Request #72 -4 as Mr'. .Hatcher eras informed of procedure to follow earlier in the meeting. ITLm 6. DISCUSSION - PROPOSED RIDGEWOOD AVENUE EXTENSION A sketch submitted by Briley, Wild &Associates, City Engineers was reviewed. Said sketch showed three routes for Ridgewood Avenue Extension. Board felt route #2 as shown or the sketch was the most 1 REGULAR MEETING ZONING & PLANNING BOARD MARCH 1, 1972 PAGE THREE desirable but did not wish to make a firm decision at this time until all details were available. ITEM 7. DISCUSSION - Z014ING REQUEST PROCEDURE ® Page three of the Zoning Request Application was reviewed by the Board. No changes to form anticipated at this time. ITEM 8. VICE- CHAIRMAN VACANCY ON ZONING BOARD - APPOINTI4ENT Motion was made by Mr.. De Veau to nominate Mr. .Van Wagner as Vice- Chairman of the Zoning Board. Motion was made by Mr. Burkett to nominate Mr. De Veau as Vice - Chairman of the Zoning Board.. b1otion was made by Mr. Van Wagner to nominate Mr. Burkett as Vice - Chairman of the Zoning Board. Chairman Martin made a motion that nominations cease, seconded by Mr. Maclay. Vote of the Board: For Mr. Van Wagner -- Chairman Martin & Mr. De Veau For Mr. De Venu -- Mr. Burkett & Mr. Van Wagner For Mr. Burkett -- None Second vote was taken, results being: For Mr. Van Wagner -- Chairman Martin, Mr. De Veau and Mr. Maclay By mnjority vote of the Board, Mr. Van Wagner was elected as Vice- Chairman of the Board. There being no further business, motion was made by Mr. De Veau, seconded by Mr. Burkett to adjourn the meeting at 11:05 p.m. Respectfully submitted, Franklin D. Martin, Chairman Zoning & Planning Board BUILDING PERMITS ISSUED FROM 2' PER41T DATE NUMBER ISSUED OWNER /ADDRESS 1638 2/1/72 John A. Cunningham 8910 Coquina Lane 1639 2/3/72 Earl Colwell .�. 300 block - Jefferson 1 *0 2/15/72 E. H. Allen 111 Justamere Rd. 1642 2/24/72 David K. Wilson 6890 Poinsetta Ave. 1643 3/1/72 Belcher 011 North City Limits 1644. 2/29/72 Fred Henry 117 Justamere Rd. is JANUARY '72 TO 1 MARCH '72 TYPE OF EST. PERMIT CONST. COST FEE Add 12'x40' room. $6,000.00 $25.00 to S.F.R. Erect Duplex $15,000.00 $76.30 Add 10'x30' addi- $ 3,000.00 $15.00 tion to mobile home Enclose Existing $ 1,000.00 $ 8.50 Carport -Add 121x16' Utility Room -Add 11' x16' Enclosed Porch Replace Main Dis- $ 500.00 $ 5.00 connect (Electric) Add 121x9' pre -fab$ 1,390.00 $ 7.00 bedroom to mobile home GASPERMITS ISSUED .......................0 SEWER PERMITS ISSUED .....................I STREET EXCAVATION PERMITS ISSUED ......... 0 WELLPERMITS ISSUED ......................0 4a� v 1. City of Cape Canaveral I ID3 IOLK AVENUE . OAP[ EANAV-1.'LO DA 33920 TELEPHONE 303 7-I10O nm REGULAR R_ t =NG ZONING & PLANNING BOARD MARCH 1972 AGENDA CALL TO ORDER ROLL CALL ITEDI 1, COUNCILMAN'S REPORT - MR, E ITEM 2, HARRISON RHAME BUILDING OFFICIAL'S REPORT - DIR. JACK HURCK ITEM 3, APPROVAL OF MINUTES - REGULAR MSCTING - MARCH 1, 1972 ITEM 4. DISCUSSION - PROPOSED RIDGEIJOOD AVENUE EXTENSION ITEM 5. DISCUSSION - PROPOSED SIGN ORDINANCE ITEM 6, DISCUSSION & RECOhU•IENDATION - SPECIAL ZONING REQUEST #72 -7 - VARIANCE Re; Parking in Set - Area toe Lot VARIANCE Re; G1-13- Floor Lot. 8, 9 10rea -- Lonnie Griffin -- 14 & 15; Block 55 ABS S/D ADJOURN .(Between Fillmore Avenue & Ocean) Zoning & Planning Board i REGULAR MEETING ZONING& PLANNING BOARD MARCH 15, 1972 •• The Regular Meeting of the Zoning & Planning Board of the City of Cape Canaveral, Florida was held at City Hall, 105 Polk Avenue. on March 15, 1972. The meeting was called to order at 7:40 p.m. by Chairman Martin. Present: Board Members Martin, Van Wagner, De Veau, Burkett and Maclay; Councilmen Rhame and Nicholas; City Manager Francis; Building Official Hurck; W. E. Strang (Briley, Wild & Associates, City Engineers); County Planner Hansel and Board Secretary. Guest: Mr. William Juhn, Architect. ITEM 1. COUNCILMAN,S REPORT - MR. E.HARRISON RHAME Councilman Rhame stated he had nothing new to report to the Board. ITEM 2. BUILDING OFFICIAL'S REPORT - MR JACK HURCK Permits issued March 2 - March 15, 1972 were discussed. (Copy attached). ITEM 3. APPROVAL OF MINUTES - REGULAR MEETING - MARCH 1 1972 Motion was made by Mr. De Veau, seconded by Mr. Burkett to approve the Minutes of the Regular Meeting of March 1, 1972 as amended. ITEM G. DISCUSSION & RECOMMEUDATION - SPECIAL ZONING REQUEST #72-7 VARIANCE RE: Parking in Set Back Area and VARIANCE RE: Gross Floor Area to Lot Area Lonnie Griffin, Applicant - Lots 8,9;10,14 & 15; Block 55, Avon -By- The -Sea S/D (Between-Flllmore.&- occan) nr Mr. William L. Juhn, 'Architect and Agent for Mr. Lonnie Griffin, property owner, submitted a drawing showing the proposed buildings. The drawing showed part of the complex would be erected over a dedi- cated alley. After discussion by the Board, motion was made by Mr. Maclay, seconded by Mr. Burkett and unanimously agreed by vote of 5 - 0 to TABLE said request until further Information was submitted. Said information to include decision by Council whether or not to close dedicated alley. Mr. Juhn stated he would submit a letter to Council requesting said alley be closed. REGULAR MEETING ZONING & PLANNING BOARD MARCH 15, 1972 PAGE TWO ITEM 4. DISCUSSION - PROPOSED RIDGEWOOD AVENUE' EXTENSION Mr. W. E. Strang of Briley, Wild & Associates (City Engineers) explained the three routes as outlined on the sketch dated 2/6/69 and revised 3/5/69 and 2/14/72 of the proposed Ridgewood Avenue extension. Motion was made by Mr. DeVeau, seconded by Mr. Maclay to submit said sketch to City Council with the recommendation that Plan //2 be incorporated into the City's Comprehensive Master Plan, Transportation Section. Planner Hansel was asked to submit a copy of the official . zoning map, showing the proposed road as outlined in Plan #2, for the work shop meeting on March 16th. BUILDING OFFICIAL'S REPORT - RE: SUGGESTED CORRECTIONS AND /OR 1 Discussion was held relative to suggested corrections and /or changes In Zoning Ordinance #12 -71. Motion made by Mr. Van Wagner, seconded by Mr. De Veau to re Conunendto Council that a ninety (90) day moratorium be placed on Issuance of building permits on all R-3 beach front property and the Building Official be instructed to enforce said moratorium. Vote of Board was: 3 - 2 for the moratorium. Chairman Martin, Mr. Van Wagner and Mr. De Vona voting for the moratorium and Mr. 'o nrva . Gnrsr Burkett and Mr. Maclay abstaining. Philosophy of the Board: Spe- cial Meeting should be scheduled to further study beach front pro- perty relative to present regulations regarding floor area to pro - perty ratio as well as other items. ITEM 5. DISCUSSION'- PROPOSED SIGN ORDINANCE Motion made by Mr. Maclay, seconded by Mr. Burkett to table Item 5 until the next meeting. Motion was made by Mr. Macley, seconded by Mr. Burkett to ad- journ the meeting at 11:00 p.m. Respectfully submitted, Franklin D. Martin, Chairman Zoning & Planning Board GAS.PERIdITS ISSUED .......................0 SE14ER PERMITS 1SSUED .....................2 STREET EXCAVATI�`N PERMITS ISSUED ......... 0 WELL PERMITS I3aUED ......................0 BUILDING PERMITS ISSUED FROM 2 MARCH 172 TO 15 MARCH 172 PEFMIT DATE TYPE OF EST. PER14IT NUMBER ISSUED OWNER/ADDRESS CONST. CST PEE ,1646 3/10/72 Jack Moline /Glenn Erect 10 unit $122,496.00 $480.50 Schossow 2 story condom- . 6619 N. Atlantic Ave.. inium (BLDG #5). 1r 3/10/72 Jack Moline /Glenn Erect 10 unit $122,4961.00 $480.50 Schessow 2 story condom - 6619 N. Atlantic Ave. inium (BLDG #6) 1648 3/13/72 Charles H. Muhs Erect 4' Cypress $ 150.00 $ 2.50 206 Tyler Ave. Pence 1650 3/14/72 Erect 41x81 Ply- $ 40.00 $ 3.00 wood Sign 1649 3/15/72 Geo. Rest. Portable Sign $ 900.00 $ 5.00 6395N. Atlantic Ave-3/15 - 3/21 1651 3/15/72 Forest Luzader .Erect 18'x26, $ 1,500.00 $ 7.00 105 Lincoln Ave. Addition to present bldg. (storage bldg.) GAS.PERIdITS ISSUED .......................0 SE14ER PERMITS 1SSUED .....................2 STREET EXCAVATI�`N PERMITS ISSUED ......... 0 WELL PERMITS I3aUED ......................0 PrAGENDA CALL TO ORDER ROLL CALL 1® a City of Cape Canaveral IOC POLK IV[NO[ . PE C.NeV[K.L.ILONIOe,1- TCL_ON[ OO! 7—HOO REGULAR MEETING ZONING & PLANNING BOARD MARCH 29, 1972 ITEM 1. COUNCILMAN'S REPORT - MR. E. HARRISON RHAME ITEM 2. BUILDING OFFICIAL'S REPORT.- MR. JACK HURCK ITEM 3. APPROVAL OF MINUTES - REGULAR MEETING - MARCH 15, 1972 ITEM 4. DISCUSSION & RECOMMENDATION - SPECIAL ZONING REQUEST V2 -7 - Lonnie Griffin, Applicant (TABLED FROM MARCH. 15, 1972) ITEM 5. DISCUSSION - PROPOSED SIGN ORDINANHE ADJOURN v t • • mrt�— r,�rAirdrm�� Zoning & Planning Board REGULAR I4EETING ZONING & PLANNING BOARD MARCH 29, 1972 The Regular Meeting of the Zoning & Planning Board of the City of Cape Canaveral, Florida was held at City Hall, 105 Polk S Avenue on March 29, 1972. The meeting was called to order at 7 :35 p.m. by Chairman Martin. Present: Board Members Martin, Van Wagner, Burkett and Maclay; Councilman Rhame; Building Official Hurck;.County Planner Hansel and Guest, Mr. William Juhn, Architect. ITEM 1. COUNCILMAN'S REPORT - MR. E. HARRISON RHAME Councilman Rhame reported that the Zoning Board request for a ninety (90) day moratorium on R -3 'zoning had been tabled by the Board of Adjustment. ITEM 2. BUILDING OFFICIAL'S REPORT - MR. JACK HURCK Building permits issued March 16 - I9arch 29, 1972 were dis- cussed. (copy attached) ITEI4 3. APPROVAL OF MINUTES - REGULAR MEETING - MARCH 15, 1972 Motion was made by Mr. Burkett, seconded by Mr. Maclay to approve the Minutes of the Regular Meeting, March 15, 1972 as corrected. ITEM 4. DISCUSSION &RECOMMENDATION - SPECIAL ZONING REQUEST 1 Lonnie r t n, ApplicUnt i Lll R 5, Mr. William Juhn, Architect and Agent for applicant, Mr. Lonnie Griffin made a formal request to withdraw the Special Zoning Request #72 -7 in behalf of Mr. Griffin. Said request had been tabled from the meeting of March 15, 1972. ITEM 5. DISCUSSION - PROPOSED SIGN ORDINANCE The Proposed Sign Ordinance was discussed, pages 1 thru 12 and changes in content's made. Chairman Martin suggested that the Board members study the proposed sign ordinance in preparation for the next meeting. Motion was made by Mr. Maclay, seconded by Mr. Burkett and unanimously carried, to schedule a special meeting for Friday, March 31, 1972 at 7:30 p.m. at City Hall. Purpose of the special meeting REGULAR MEETING _ ZONING & PLANNING BOARD - MARCH 29, 1972 PAGE TWO being to further discuss the proposed sign ordinance. There being no further business to come before the Board, tmotion was made by Mr. Burkett, - seconded by Mr. Maclay -to adjourn the meeting at 12:15 a.m. Respectfully submitted, Franklin D. Martin, Chairman Zoning & Planning Board BUILDING PERMITS ISSUEL FROM 16 MARCH '72 TO 29 MARCH '72 PEHAIT DATE. 'TYPE OF :ii3P. i i "h BIT NUMBER ISSUED CWNER/AUL'RESS CONST. C."ST i +EE 1652 3/16/72 Sam Pecoraro, Sr. Enclose Existing $ 50.00 $ N/C 211 Coral Drive Car Port (Under $50.00) 1653 3/28/72 let Natl Bank of CC Install 9 flour. $ 800.00 $ 9.50 7800 Astronaut. Blvd. fixtures on 3 existing signs 1654 3/20/72 R.H.A. (Atlantic Paint Interior & $69,000.00 $123.00 Gardens Apts.) Exterior of Apt. 8401 N. Atlantic Ave. Complex, Replace 50 Exterior Doors Replace Plumbing Fixtures 1659 3/27/72 Elmer Whalley Erect 61 Basket ,$ 587.00 $ 5.00 221 -222 Jefferson Ave. Weave Fence 1660 3/28/72 Howard Lesser Add 2rooms & $ 6,o00.0o $ 19.30 213 Harbor Drive Bath to S.F.R. Iv GAS PERMITS ISSUED.. ....... ........ 0 SEWER PERMITS ISSUED..................... 0 STREET EXCAVATION PERAIITS ISSUEU.........0 WELL PERMITS ISSUED .................... os City of Cape Canaveral uN.vFn•L. YLGN o. J1Y,G �OJ FOLK AVE NTELEYNONF JOJ ]BJNIOO ~ GTTOE SPECIAL WE WIAHYI 7,ONIt]G &PLANNING BOARD APRIL 7130 P.td. PF AGENDA CALL TO ORDER ROLL CALL • ITEtd I. DISCUSSION - PROPOSED SIGN ORDINANCE AA7_ OURN p IN ll. n01 _ _ , 'Zoning & Planning Board SPECIAL MEETING ZONING & PLANNING BOARD APRIL 4, 1972 A Special Meeting of the Zoning & Planning Board was held at City Hall, 105 Polk Avenue on Tuesday evening, April 4, 1972. • The meeting was called to order at 7:35 P.M. by Chairman Martin. Present: Board Members Martin, Van Wagner, DeVeau; Burkett and Maclay; Building Official Hurck; Councilman Rhame and County Planner Hansel. Subject for Special Meeting - Proposed Sign Ordinance. The C -1 portion of the proposed sign ordinance was discussed. A need for more detailed information was felt and the Board scheduled a Special Meeting for Sunday morning, April 9, 1972 at 7 :30 a.m. The ® Board agreen to assemble at the Camelot Inn Restaurant for breakfast and proceed afterwards to survey various and random signs in the city. A'Joint meeting of City Council and Zoning & Planning Board was scheduled foi Wednesday evening, April 5, 1972 at 7:30 p.m. Said meeting to be held at City Hall to discuss the Zoning regulations. !-lotion was made by Mr. Burkett, seconded by hfr..Maclay to ad- Journ the meeting at 9:50 p.m. Respectfully submitted, Franklin D. Martin, Chairman Zoning & Planning Board City of Cape Canaveral 105 POLK AVENUE • CAPE CANAVERAL. FLORIDA 329:0 TELEPHONE 305 553•HOO SPECIAL MELTING CITY COUNCIL /ZONING & PLANNING BOARD APRIL 5, 1972 AGENDA CALL TO ORDER ROLL CALL O ITEM 1. DISCUSSION - REVISION OR R -3 ZONED AREAS ADJOURN R Zoning & Planning Board SPECIAL MEETING CITY.COUNCIL/ZONING & PLANNING BOARD APRIL 5, 1972 A Special Meeting of the City Council and Zoning & Planning Board was held at City Hall, 105 Polk Avenue, . Cape Canaveral, Florida on April 5, 1972. The meeting was called to order at 7:30 by Mayor George H. Firkins, Jr. Present: Mayor Firkins and Councilmen Salvaggio, Nicholas, Rhame and Graefe; Zoning & Planning Board Members Martin, Maclay DeVeau and Burkett; Building Official Hurck and County Planner Hansel. e'Board Member Van Wagner was unable to attend and City Manager Francis was on vacation. Discussion wan held relative to combined philosophy for revision of the R -3 zoned areas. County Planner was asked to establish a basic philosophy and submit same at the meeting of April 12, 1972. A memo from City Manager Francla was given to those present. Said memo expressed City Manager'a comments regarding the revision of the R -3 zoned areas for theBoard'a and Council'a consideration. A Special Meeting was scheduled for Sunday morning at 7 :30 a.m. at the Camellot Inn Resturant for the purpose of further discusalon and survey of various and random signs in tile city as noted in the Minutes of April 4th. County Planner Hansel and Councilman Rhame were asked to join the Board for this special meeting. , There being no further' business, the meeting adjourned at 11:00 pm. Respectfully ^submitted Franklin D. Martin, . Chairman Zoning & Planning Board M E M 0 TO: CITY COUNCIL & ZONING & PLANNING BOARD FRO14: ALBERT J. FRANCIS, CITY MANAGER O DATE: APRIL 5, 1972 few days of my vacs tiona and y h will be unable rtorattend thetscheduled meeting on April 5th as I will be out of the City. I wish tosub- mit my comments regarding the regulations relative to construction of condominiums in our city, as stipulated in our zoning ordinance. After Cocoa Beach, OrmondBeach uand n t VeroBeach, all hof whom ealready lhave condominiums constructed and /or presently have them under construc- tion in their cities, I wish to present the following facts: 1) The question of preventing parking on setback areas may seem unconstitutional. It is allowed in the other cities aforementioned, except In those areas when It would create a safety or traffic problem. In fact, simple logic dictates that parking in S a setback area is presently allowed in residential zones as this is where all of us park our cars, boats, etc. It is my opinion, there- fore, that the Zoning & Planning Board reconsider the question of parking on the setback area and allow this area to be used for parking whenever it does not conflict with any safety or traffic problem; that of control2relativeetou the ldensityafactor. Thebratioecan be be controlled both by limiting the number of units per acre and also by stipulation of the per cent of ground which can be used for build- ing purposes. If these items are stipulated in the ordinance, the density and ratio problem will take care of itself; 3) I also would strongly recommend that an amendment be made to the present ordinance stating that it would be mandatory that any new structure three stories or more should be required to furnish an elevator as a part of the building plans. Said elevator to be large enough to allow a wheel -type stretcher, which I feel would be much more in use in these buildings because of the type of people who would be occupying them; this point all developers velopershaveaIncludedibeautificationaasra and at their plans, I feel it should be stipulated in the zoning ordinance that beautification would be required in the setback areas. I offer these comments to you for your consideration. City of Cape Canaveral t ID5 YOLK AVENUE . CAPE CANAVERAL. IL R- 32920 .ELEPNONC— >—PEO u�a auntx SPECIAL MEETING ZONING & PLANNING BOARD 7'30 SUNDAY MORNING, APRIL 9_, 1972 CAMELLOT INN RESTAURANT A Epecial Meeting will be held at the Camellot Inn Restaurant on Sunday Morning, April 9, 1972 at 7:30 a.m. All Zoning & Planning Board Members are requested to Aattend, as well as Councilman Rhame and County Planner Hansel. Purpose of said meeting will be to survey various and random signs in the city. Breakfast will precede the meeting. -Yranklin in, na iman J Zoning & Planning Board 0 Posted on City Bulletin Board 4/7/72 SPECIAL MEETING ZONING & PLANNING BOARD .APRIL 9, 1972 AA Special Meeting of the Zoning & Planning Board was held on Sunday, April 9, 1972. Breakfast was scheduled for 7:30 a.m. at the .Camelot Inn Restaurant and afterward a survey was made of vu io�S rycecy signylocated within the city limits along 'A -1 -gip Measurements were made from the center line of the highway to ow.h a gn$ Vari- ation in the width of the road was: at north end of City at the bench mark the width of the road was 120 feet and at the south end of the City at the bench mark the width of the road was 100 feet. • County Planner Hansel was directed to verify the road widths . and submit a composit report showing the positioning of the signs along A -1 -A. The meeting adjourned at 12:30 P.m. Respectfully submitted, Franklin D. Martin, Chairman 'Zoning & Planning Board Present: Franklin D. Martin, Chairman Clifford Van Wagner Russell De Veau Board Members Walter Tom Burkett Franklyn Maclay E. Harrison Rhame ) councilman Lynn Hensel ) county Planner i� City of Cape Canaveral .O]POLK AVENUE . CAPE CANAI-- PLOPIOA]2920 ]CLCPNON[ OTr REGULAR MEETING DA Mum ZONING & PLANNING BOARD APRIL 12, 1972 AGENDA CALL TO ORDER ROLL CALL ITEI4 1. DISCUSSION - BEACHES & SHORES - NR. WILLIAM SENSABAUGH 00ou ciI && DEPARTMENT OF NATURAL RESOURCES �Zonning Bd.) ITEM 2. DISCUSSION & Height �RegulationsP &CVARIANCEPtoOfinimum to ZONING Lot Area Requirements - Block 60 - between REQUEST Fillmore & Pierce Avenues - Oceana Proper- 0 1/72 -8 ties, Inc. - Harry Schramm ITEI4 3. COUNCILMAN' S REPORT - I-M. HARRY RHAME ITEM 4. BUILDING OFFICIAL'S REPORT,- MR. JACK HURCK ITEM 5. APPROVAL OF MINUTES- REGULAR MEETING -MARCH 29, 1972 ITEM 6. APPROVAL OF I4INUPES- SPECIAL MEETING -APRIL 4, 1972 ITEM 7. APPROVAL OF I4INUrES- SPECIAL MEETING -APRIL 5, 1972 ITEI4 8. DISCUSSION - PROPOSED SIGN ORDINANCE ADJOURN FRANKLIN D. . - 14Ahi / Zoning & Planning Board 8 RECULA ZONIPIO & PLA1111INU BOARD APRIL Of the Zoning & Planning Board of. the City The Regular Fleeting 105 Polk Avenue, of .cape Canaveral, Florida was held called Hall, at on April 12, 1972• The meeting laps called to order at 737 P•m' Board Members - I•iartln, Van Wagner, by Chairman 64¢rtin. Present: Zonin & Plannlnflncl Nicholas, e eau, urCe- Mayor girkins, SalvagBl°, counc Cit Hhame An 6rIIefe City Manager - Francis Briley, 4111d) I ic1a1 - Hurck - Strang U ng lepreaentative tV L•ng neer anse * anner "_ anae Grigsby BoarBoar 5�ry oi' Beaches ^uennabaugh, Engineer Resources, Talla- Cuest.: Mr..Willlnm 1.1. Sens of Natural R & Shores, City Planner, Indlana- hassee former Mr; Edward S• Balough, polio, Indiana SENSABAUGH g SHORES - 14R. WILLIAM M. DISCUSSIONI BLACIM Resources, Ta ahassee ITEFS 1. De t. Naturn Engineer with Dept. of Natural Re- $ensabaugh, Engineer Re_ ,,Jr. William M. FlanagEr Francis' City Introduced by City that had sources was out' on the map the erosion presentative Strang Pointed occurred since construction of the Jetty. Discussion followed. [•Ir• Sensabaugh stated he would Write up a detailed report of the items discussed which will be made an Part oi' the Minutes of April 12th. A11 Councilmen and official P¢ Of ,said report, be given a copy to Height Board 1•lembers will _ SPECIAL EXCEPTION Lot Area &: 9 RI iJ i, to 1n Lnum F. more &. ITEM 2. DISCUSSION 8: R��F�a 11 one 0 ock _ e 4reen He u rements - Ocean Oc cans Pro er "iea, Inc. lerce venuea a arr chenlmn Ocean. ec ial Exception to lielght held relative to p Block 60, Discussion was Lot Area Ile,ulrementa, 'fo Minimum. Mr, Harry Schra[nm, Regulations and Variance 0[1 between Fillmore and i'lerce Avenues, attendance. Orts, the petitioner lags not iI' submitted tYlO rep One 61�Ow ling * City planner Iianael different times Of 6aaaby s and light of chadavr cant n" the height of building ear and a n`ePOtt listing Of the Y front the day and dif l'erent timed be done on a block of ocean r what could uirementa, height restrictions, calcul¢ttona ¢howlnL property, using only the setback re4 ' REGULAR MEETING ZONING & PLANNING BOARD APRIL 12, 1972 PAGE TI -0 and square footage per dwelling unit, subs ,equent required parking area, without using gross floor area ratio as set forth in the zoning ordinance. After discussion of Scheme ¥7, a vote was taken relative to Variance. Vote: 5 - 0 to recommend DISAPPROVAL of VARIANCE. Vote was taken relative to Special Exception to Height Re- gulations. Vote: 4 - I to recommend DISAPPROVAL of Special Ex- ception. Mr. Maclay voted to recommend approval of' Special Exception. .Philosophy: .85 : l ratio Is 70% greater than present 0.5 : lratio and no hardship exists (Variance) Special Exception disapproved due to public feel- ® Ing at last public hearing. ITEM 3. COUNCILMAN'S REPORT - MR. HARRY RHAME Councilman Rhame stated he, had nothing new to report since the Zoning & Planning Board had been attending the Council meetings. ITEM 4. BUILDING OFFICIAL'S REPORT - MR. JACK HURCK Building Permits issued March 30 - April 12, 1972 were dis- cussed. (Copy. attached) ITEM 5. APPROVAL OF MINUTES - REGULAR MEETING - MARCH 29 1972 Motion was made by Mr. DeVeau, seconded by Mr. Van Wagner to approve the minutes as submitted. ITEM 6. .APPROVAL OF MINUTES - SPECIAL MEETING - APRIL 4 1972 Motion was made by Mr. DeVeau, seconded by Mr. Maclay to approve the minutes as submitted. ITEId 7. APPROVAL OF MINUTES-- SPECIAL MEETING - APRIL 5 1972 Motion wan made by Mr. Maclay, seconded by Mr. DeVeau to .approve .the minutes as submitted. ADD ON ITEM Notion was made by Mr. Burkett, seconded by Mr. Van Wagoner to add on an Stem, namely - Approval of Minutes - Special Meeting, April 9, 1972. So moved. ITEM 9. APPROVAL OF MINUTES - SPECIAL MEETING - APRIL q 1972 Motion was made by Mr. Burkett, seconded by Mr. DeVeau to approve the minutes as corrected. REGULAR MEETING ZONING & PLANNING BOARD APRIL 12, 1972 PAGE THREE - IT194 8. DISCUSSION - PROPOSED SIGN ORDINANCE * City anae -00=Ay Planner /submitted a sketch showing major signs located • along A -1 -A that were surveyed Sunday, April 9th. It was noted that 18 of the signs were in the state right -of- way. , Discussion of the 'proposed 'sign ordinance was held. Item to be placed on next agenda. There being no further business to come before the Board the meeting was adjourned at 11:10 p.m.' Respectfully submitted, Franklin D. Martin, Chairman Zoning & Planning Board * As Amended 1 BUILDING PERMITS ISSUED FROM 30 MARCH '72 TO 12 APRIL 172 PERMIT DATE TYPE OF EST. PERMIT NUMBER ISSUED OWNER /AllDRESS CONST. COST FEE 1656 4/7/72 Jack Moline Install lights $ 500.00 $.4.50 7001 N. Atlantic to existing sign 1657 4/7/72 E. S. Anderson Install 200 amp $ 200.00 $ 3,00 51 Carver Drive electric service 1658 4/7/72 Norma Jean Nolan Install 200 amp $ 200.00 $ 3.00. • 53 Carver Drive electric service 1661 3/30/72 Howard M. Gould Alter Interior $2,000.00 $15.50 8107 N. Atlantic Comm. Bldg. 1662 3/30/72 Pauline L. Nelson Install Central $ 750.00 $ 2.50 231 Coral Drive Air - 2 -1/2 ton 1663 4/3/72 Lonnie Griffin Construct 3 story $384,000.00 $1,329.00 Flllmore Ave. condominium (2 bldgs)Total 30 units 1664 4/4/72 Loy Duncan Install 100 amp $ 185.00 $ 3,00 110 Canaveral Bch. electric service Blvd. 5 4/11/72 Merritt Dev. Co. Install F P &L $1,700.00 $66.00 Hitching Post Trl Pk meters for 22 trailer 7521 N. Atlantic Ave, spaces -100 amps each 1666 4/4/72 R. P. Strickland Widen Concrete Drive $500.00 $ 5.00 161 Jackson Ave. way & Install Re- taining Wall (under 31) on each side w/2 concrete stairs 1667 4/6/72 Mr. DelFauero Pour concrete driveways $300.00 $ 5.00 1214 Harrison Ave. GAS PERMITS ISSUED......... „ 0 SEWER PERMITS ISSUED ........... (Lonnie Griffin) STREET EXCAVATION PERMITS ISSUED .........0 WELL PERMITS ISSUED,,,,,,,,,,,, 0 City of Cape Canaveral ' 105 POLR AVENUE . APE CANAVERAL. FLORIDA V020 TELEPHONE O05 Y95H100 artror REGULAR MEETING ux wunrx ZONING & PLANNING BOARD APRIL 26, 1972 AGENDA CALL TO ORDER ROLL CALL ITEM 1. DISCUSSION - Area South of Harbor Heights S/D First Interstate Development Corp. Mr. Roy Cowell ITEM 2. COUNCIL14ANIS.REPORT - MR, E. HARRISON RHAME • ITEM 3• BUILDING OFFICIAL'S REPORT - MR. JACK HURCK ITEM 4. APPROVAL OF MINUTES - REGULAR MEETING - APRIL 12, 1972 ITEI4 5. DISCUSSION - R -3 ZONING - AMENDMENT TO ZONING ORDINANCE ITEM 6. DISCUSSION - PROPOSED SIGN ORDINANCE ADJOURN FRANKLIN D. FIARTIN, CHAIRMAN O Zoning & Planning Board REGULAR MEETING ZONING & PLANNING BOARD APRIL 26, 1972 The Regular Meeting of the Zoning & Planning Board of the City of Cape Canaveral, Florida was held at City Hall, 105 Polk Avenue on April 26, 1972. The meeting was called to order at 7:37 p.m. by Chairman Martin. Present: Zoning & Planning Board Members - Martin; Van Wagner, lle eau, urlce an ac ay City Planner - Hansel ITEM 1. DISCUSSION - Area South of Harbor Heights S/D —1-st Interstate Development orp. r. Roy Lowe 1 Mr. Roy Cowell of .First Interstate Development Corporation made an informal proposal for area south of Harbor Heights. This proposal consisted of 85 four -unit single family dwellings located approximately from Sea Shell Lane to Ridgewood Avenue extension. One street would be constructed east -west thru the center of the subdivision. No provisions were made for Ridgewood Avenue extension and no provisions were made for public access to the beach. ITEM 2. COUNCILMAN'S REPORT - MR E. HARRISON RHAME Councilman Rhame was out of the country and unable to attend. Chairman Martin reported on Banana River Drive proposed extension which was discussed at the last City Council meeting. ITEM 3. BUILDING OFFICIAL'S REPORT - MR JACK H1JRCK Building Official Hurek wan unable to attend the meeting. Building permits issued April 13 — April 26, 1972 were discussed. Copy attached. ITEM 4. APPROVAL OF MINUTES - REGULAR MEETI14G - APRIL 12 1972 .Motion was made by Mr. DeVeau, seconded by Mr. Maclay to approved the Minutes of the Regular Meeting of April 12, 1972 as rend. ITEM 5. DISCUSSION - R -3 Z014INC - AMENDMENT TO ZONING ORDINANCE Discussion wan held relative to apartments and condominiums in the R -3 zone. City Planner Hansel was requested to provide mathematics for various parameters the Board agreed upon. Item to be placed on Agenda of May 10. PAGE '1940 REGULAR 1 PLANNIt46 BOARD ZONING 26, 1972 APRZL ORDINANCE DISCUSSION - PROPOSED SIGN ITE[A6. discussed. The Board Sndi- The proposed .Sign Ordinance visa s should be issued s license or identification each sign in the city and provide a Gated that all sign number that would Identify method of control' City Planner Hansel was requested to research sad see if other municipalities had a similar type ordinance for licensing or issuing permits for signs. A as submitted by Planner Hansel showed Surveymapo of A -1- of Cape Canaveral to First Nations Bnnk line width from Fir aide of center right "Of -waY , - 50, c❑ either the north oltY limit being 100 �' on west of bank, width of road from center line being total of 89•17 and south a on east' side being 39.17', for a e layout of the aide and from center line City Planner. Hansel visa requested to revise the signs to show position. Of all signs in order to determine which signs are on rl glut- of-way. There being no further business, motion was made by 11r• DeVeau, seconded by l�r• Van l•1¢gner to adj oum the meeting at ll:l� P.M. Respectfully submitted, r_- ` cv'tiz�w"` ` \ Chairman Franklin PlalnningnBcard Zoning BUILDING PERMITS ISSUED FROM 13 APRIL '72 TO 26 APRIL '72 PERMIT DATE TYPE OF EST. PERMIT NUMBER ISSUED OWNER /ADDRESS CONST. COST FEE 1668 4/20/72 Don -Gale, Lessee Alter Interior $ 3,900.00 $12.50 8095 N. Atlantic Ave. Commercial Bldg. per plans 1669 4/25/72 Vic Grumblatt Paint .Interior $ 900.00 $ 5.00 • 303 Fillmore Avenue & Exterior of residence and make minor re- pairs 1670 4/26/72 Gene & Peggy Henry Erect Single $28,500.00 $81.30 651 Adams Avenue family residence 1671 4/26/72 Tenneco 011 Co. Remodel Tenneco $17,000.00 $48.00 7200 N. Atlantic Ave. Oil Co. Service Station 1672 4/26/72 William L. Cannon Erect 4' Chain $ 381.24 $ 5.00 319 Harbor Drive Link Fence `J GASPERMITS ISSUED ....................... 0 SEWER PERMITS ISSUED ........... ......... 1 (Henry) STREET EXCAVATION PERMITS ISSUED......... 0 WELLPERMITS ISSUED ...................... 0 0 s 9 City of Cape Canaveral e5POLK.V El . CAPE CANAVERAL. . oao.32920 r�xwui¢ut REGULAR MEETING ZONING & PLANNING BOARD MAY 10, 1972 AGENDA CALL TO ORDER ROLL CALL ITEM 1. DISCUSSION & RECOMMENDATION - SPECIAL EXCEPTION RPUD - Cape Shores Development Corp. Zoning Request # 72 -9 - Jack Moline/ Glenn Schossow ITEM 2. REPORT- Progress of Cocoa Beach Ocean Front Zoning.- Mr. Stanley Adams, Chairman Planning & Zoning Board -Cocoa Beach ITEM 3• COUNCILMAN'S REPORT - MR. E. HARRISON RHAME ITEM 4. BUILDING OFFICIAL'S REPORT - MR. JACK HURCK ITEM 5• APPROVAL OF MINUTES- REGULAR MEETING -APRIL 26, 1972 ITEM 6. DELIBERATION & FINAL RECOMMENDATION - SPECIAL EXCEP- TION - RPUD - Cape Shores Development Corp. - Zoning Request # 72-9 - Jack Moline /Glenn Schossow ITEM 7. DISCUSSION - R -3 ZONING- AMENDMENT TO ZONING ORDINANCE ADJOURN .� �N ALIIN N iLIN D. 47 RTI N, C IR Zoning & Planning Board • 17, REGULAR MEETING ZONING & PLANNING BOARD MAY 10, 1972 The Regular Meeting of the Zoning & Planning Board of the City of Cape Canaveral, Florida was held at City Stall, 105 Polk Avenue on May 10, 1972. The meeting was called to order at 7 :40 p.m. by Chairman Martin. Present: Zoning. & Plannin Board Members - Martin, Van Wagner, lle eau, urkett an lay City Councilman - Rhame I na Francis BunR official = Hurek lanner - Hanael ingineer Representative - Strang Secretary - Grigsby Jack Moline & Glenn Schossow - Cape Shores Development Stanley Adams - Cocoa Beach Planning & Zoning Board Chrm. Mrs. Ann Thurm ITEM 1, DISCUSSION & RECOMMENDATION - SPECIAL EXCEPTION - RPUD Cape Shores Development Corp. Zoning Request f" -9 !al.K Plollne /41enn Schossow Chairman Martin explained the procedure for securing approval of a Planned Unit Development (RPUD) as outlined in the Zoning Ordinance. City Manager Francis informed the Board that the deed relative the road easement had been received and recorded. A Pre- Applleation Conference wacheld on May 3, 1972 at City Hall. Written comments received from the City Engineer, City Planner and Building Official were read and made a part of the application. Mr. Moline. and Mr.Schosaow informed the Board that all require - menta as stated in the ordinance would be adhered to. Chairman stated that further discussion of the request would be held later In the meeting. ITEM 2. REPOR'1' - Prog.reaa of Cocoa Beach Ocean Front Zoning - I'. _ -an ey ams, ha rman Planni n & Zoning. oar cocoa Beach - Mr. Stanley Adams, Chairman of Planning & Zoning Board, Cocoa Beach was introduced by Chairman Martin. Mr. Adams reported that Cocoa Beach had encountered come problems regarding high density, set -back require nlents, height of buildings and problems with the dune line being torn up. Ile stated that the City of Cocoa Beach was now Involved with the Map's Street Act and he would try to get a copy for the City for our attorney to study. Chairman Martin thanked Mr. Adams for attending and for the report given. REGULAR MEETING ZONING & PLANNING BOARD MAY 10, 1972 PAGE TWO ITEM 3. COUNCIL14AN'S REPORT - MR, E. HARRISON RHAAIE Councilman Rhame reported that Harry Schramm's request for a Variance and Special Exception had been granted by the Board of • Adjustment. ITEM 4. BUILDING OFFICIAL'S REPORT - MR, JACK HURCK .Building permits issued April 27 - May 10, 1972 were discussed, Copy attached, ITEM 5. APPROVAL OF MINUTES - REGULAR MEETING - APRIL 26, 1972 Motion was made by Fir. Mac]ay, seconded by Mr. DeVeau to approve the Minutes 01' the Regular f•]eeting, April 26, 1972 as read. ITEM NOT ON AGENDA A letter addressed from Jack Starr City blanager Francis, dated May 2, 1972, Starr (Stair's Texaco Station) 6910 North Atlantic Avenue was read to the Board. Said letter requested the Board take the necessary action to amend the ordinance 0r change the zoning clazai- f1catlon Sn order to allow sale of new and used cars on adjoining Property - 6850 North Atlantic Avenue (Robo Car A'ash ). Motion was made by Mr. DeVeau, seconded by b1r. Maclay to table tills Item until the next regular meeting t'or further Study, ITEM 6, DELIBERATION & F 11 D INAL RECOhV•fENDATION - SPECIAL EXCEPTION `,2 -9 -Cna cl<JftoRL., DIi E O °uliNt' COHP, ne G enu chossow ING ft Er> Required Findings as stipulated on page 61 of the Zoning Ordinance Item 6, (a) thru (f) were discussed. of Sc hossow stated that all Items would be developed and included in the final plan. Motion was mad, by Mr. Van Wagner, seconded by Mr. DeVeau to approve the Preliminary Application as submitted. Diceuasion followed. Mr. Schossow pointed out the fact that parking requirements In other areas where similar condominiums had been built were considerably less and requested that the requirement of two parking spaces per unit be lowered to 1.5 or leas because the Cape Shores Condominium Purchase Contract, that each owner was required to aig;y stated that Oily automobiles would be allowed to park in the Psrlc_ ing spaces. The Contract states that no trailers, boats, trailer hitches, motorcycles, etc, woulu be allowed to park in this complex, Mr. Schessow pointed out that on the buildings already completed there were far more parklnF; spaces than required or needed by the tenants. REGULAR MEETING ZONING & PLANNING BOARD MAY 10, 1972 PAGE THREE Motion was made by Mr. DeVeau, seconded by Mr. Van Wagner to amend the original motion to allow 1, " 5 Parking /ppeer r u un nit, instead of 2 parking spaces per unit as now required In the zoning ordinance. ® Vote of the Board: 4 -1 to amend original motion, Chairman Martin voting against the amendment. Motion was made by Mr. DeVeau, seconded by Mr. Van Wagner to approve the original motion as amended. Vote of Board: 5 - 0 for APPROVAL of Zoning Request #72 -9. ITEM 7. DISCUSSION - R -3 ZONING - AMENDMENT TO ZONING ORDINANCE Motion was made by Mr. Burkett, seconded by Mr. Van Wagner to table discussion on R -3 Zoning - Amendment to Zoning Ordinance. A Special Meeting was scheduled for Wednesday, May 17, 1972, City Hall 7 :30 p.m, for further discussion of this item. There being no further business to come before the Board, motion wan made by Mr. blaclay, seconded by Mr. Burkett to adjourn the meeting at 11:55 P.m. Respectfully submitted, Franklin D. Martin, Chairman .Zoning & Planning Board BUILDING PERMITS ISSUED PROM 27 APRIL '72 TO 10 MAY '72 PEFM IT DATE TYPE OF EST. PERMIT NUMBER ISSUED OWNER /ADDRESS CONST. COST FEE 1673 4/28/72 Othel E. Davis Enclose Existing $ 450.00 $ 5.00 205 Harbor Drive Car Port 1674 4/28/72 Mary C. Lamm Erect 41x8' plywood 35.00 6.00 212 Buchanan Ave. sign 16* 4/28/72 Elmer L. Whalley Repair existing 650.00 5.00 221 -222 Jefferson Ave. paving & install new paving 1676 5/2/72 Jack Moline /Glenn Build swimming 13,900.00 38.00 Schossow pool & 121x12' 5 Cape Shores Drive equipt.bldg. 1677 5/5/72 Jack Moline /Glenn Erect 10 -unit 122,496.00 1480.50 Schossow 2 -story condominium 7 Cape Shores Dr. So. (Bldg. #7) 1678 5/5/72 Jack Moline /Glenn Erect 10 -unit 122,496.00 480.50 8 Cape Shores Dr. So. 2 -story condominium (Bldg. #8) 1C0 5/8/72 Frank C L Porter (Roger Erect Sign N/A 35.00 ra Geo. Rest. 6395 N. Atlantic Ave. 1680 5/10/72 Mrs. Anita J. Ostrom Install 3-ton A/C 1,350.00 7.00 339 Tyler Ave. & Heating Unit (Central Air) GASPER14ITS ISSUED ....................... 0 SEWER PERMITS ISSUED ..................... 2 STREET EXCAVATION PERMITS ISSUED......... 0 WELL PERMITS ISSUED ...................... 2 City of Cape Canaveral 105 POLR E9E1uE . EPE ENNAVERN1.. PIORIDA 32920 ---E 309 ]831100 LWV SPECIAL MEETING F UK [ TYG ZONING & PLANNING•BOARD MAY 17, 1972 AGENDA CALL TO ORDER • ROLL CALL ITEM 1. DISCUSSION - R -3 ZONING - AMENDMENT TO ZONING ORD. ADJOURN �, Y)/ t !io �,, �l, bH J I U. •ARTI13 H IR• %%/ Zoning &Planning Board D SPECIAL AIEETING ZONING & PLANNING BOARD I-TAY 22, 1972 A Special Meeting of the Zoning & Planning Board was held at Cape Canaveral City Hall on May 22, 1972. Present: Board Members Van Wagner; DeVeau, Burkett and Maclay; Councilman Nicholas; City Planner Hansel and Building official Hurek. Absent: Chairman Martin (Joined meeting later but did not take over the chair). PURPOSE OF MEETING - Possible revisions to the R -3 regulations on the ocean front. Setting policy on height, units per acre, mini - mum floor space per unit, setbacks, breezeway and landscaping. • Opening remarks by Board Members Van Wagner and Maclay, who attended the special meeting In Cocoa Beach Planning & Zoning Board for the purpose of getting In-puts front the builders as to their needs for ocean front building.. The builders asked for open end on height, reduction on setbacks, higher density, less green and open area. The builders pointed out that with smaller setbacks, more units would be exposed to the magnificient view of the ocean and beach there- by bringing agreater return to the developer. Nothing was decided since the meeting was.soley for in -puts and dialog from the builders. + w Pee ADD Below) BUILDING - Height restriction was discussed at length and in depth. City Planner Hansel did a very professional illustration of a city block represented by a board chalked out to scale and a set of different length pegs to represent building heights. The different building configurations, setbacks, parking areas, open areas and units per acre playing an important part: in the Boards arriving at, a height •* limit of forty -five (!15') feet and fifty -rive (55') feet with the ADD first noor level being used for parking. Idotion ties made by Mr. DeVeau, seconded by Mr. Maclay to recommend that the Zoning ordinance be amended to refleck . *height limit Of ** forty -five (f15') feet and fifty -five (55') feet providing the first ADD floor level is used for parl:l.ng. A unanimous show of hands carried the motion. * Board Member Dfaclay requested at the. May 31, 1972 'Zoning Meeting that the 1•iay 22nd Minutes reflect tileafollowiin Cocoa Beach ", "Developers are paying $5, per SPECIAL MEETING ZONING & PLAN14ING BOARD MAY 22, 1972 PAGE TWO UNITS PER ACRE - City, Planner Hansel opened this discussion with a detailed chart covering 20 - 25 - 30 - 35 units per acre. The Board elected to follow a25 unit per acre course. With the ® previous height restriction imposed, Mr. Hansel pointed out that square footage, a major consideration, indicated a Pour-atorybuild- ing would seem to meet the criteria for open space and the economies of the project. Anything less would be undesirable. Board Member Maclay pointed out that lot coverage, limited open space would be undesirable at 25 units per acre. The Board considered 20 units per acre and Mr. Hansel discussed this in detail. His points of Interest were well taken and met with the approval of the Board, ® including Chairman Martin, who fortunately was able to join us at this time. It. was decided that with parking on the ground floor level, a compromise could be reached allowing 25 units per acre and with no parking on the ground floor level, 20 units per acre would be the limit in .the R-3 zone. The move for a motion was made by Mr. Martin and seconded by Mr. Maclay for a regulation of 20 units per acre without parlicing on the ground floor level and 25 units per acre with parking on the ground floor level.. Mr. Burkett questioned the motion, stating that It seems too restrictive and felt 30 units per acre and 35 units per acre would be more realistic. There was no further diacuosion forth- coming and a show of hand vote was taken. resulting In a 4 - 1 vote In favor of the motion, Mr. Burkett casting the dissenting vote. UNIT. AREA LIVING SPACE - The thinking of the Board members for unit space In comdoninlums would best serve the owners and es- tablieh.spacious living If the following figures were set for the R -3 zone: 1 bedroom unit- 850 square feet 2 bedroom unit -1,050 square feet Additional bedrooms - 200 square feet A visitor at the meeting objected to the size of the additional bedrooms and this was noted. After Dome discussion, a move was made for a motion by Mr. DeVeau to Include into the regulations the figures noted for minimum unit space requirements. Mr. .Burkett seconded the motion. A unanimous allow Of' hands carried the motion. SPECIAL MEETING Z014ING & PLANIIING BOARD MAY 22, 1972 PAGE THREE BREEZEWAY - The Board, referring to a chart previously submitted by Planner Hansel and discussed at previous meetings, made the de- cision to require 25% of the width fronting on the ocean as open DATE area and maximum building length at 185 feet "e14- a -249- Peet - let- w1d81i; The move was made by Mr. Maclay for a motion, seconded by Chair- man Martin to vote on these figures for inclusion into the regulations * ** carried this DELETE for the R -3 ocean front zone.. A unanimous show of hands eetabllBked REWORD motion. bh ±e- regx3at4eHr LANDSCAPING - Through out this session many comments have been made relative to green areas. The Vice - Chairman noted this and asked for direction as to how landscaping and beautification could be con- trolled legally and by regulation. Mr. Maclay produced a lengthly document spelling out the requirements and at the Boards request pro - ceeded to read the document. Since this item was a new consideration, it agreed it could not be properly considered at thin session of the Board.. Councilman Nicholas suggested that our consideration should be preceeded by a Beautification Board review since they were very knowledgeable In this field. This was agreed upon and the matter tabled until pending recommendation from the Beautification Board. The time being late and the agenda completed, a motion was made by Mr. DeVeau, seconded by Mr. Burkett to adjourn this session of the Zoning & Planning Board. Motion carried. Meeting was adjourned at 11:55 P.m. Respectfully submitted, 61lfydrd Van Wagner, VAce- Chalrman Zoning & Planning Board O SPECIAL PIarm PLANNING AND ZONING BO:.RD CITY OF CAPE CANAVERAL, FLORIDA NAY 22 I972 Present: Foard members Va: Nngner, De Veau, Burkett :.nd Haclay. Support. members: Council:pan Ni hals, City Planner Hanson and Building Inspector Hurck. .t did not Abbont: Ci�al rr..i n!•,� ,-Lin. : take over the chair) PURPOSE OF THIS %EEPING: Possible revisions to the -reg ulations for R -3 Zones on the ocean f^ rt. Setting policy on height, units per acre, minimun frool space per units, setbacks breezeway ad Is"docaping. I_ Opening remarks by VanWagner Planningaundh Zoaingn Board hr sped. ^1 meeting of the Cocoa Beach, for the purpose of getting in -puts from the builders as toetheir needs for ocean front building. The builders asked ano and on heigth, reduction on set backs, hi -her density, less •n. open area. The builders pointed out that with smaller setbacks more units would be exposed to the magnificent view of the ocean and ^sash thereby bringing a 'rester return to the developer. Not•i.g as decidedsince the meeting was —ley for in -Puts and dialoF from the builders. BUILDING HEIGHT: Height reetriction and in depth. P'.. Hanson did a very p of a city block represented by a board chalked out to uC.J;..d a set of different lengib eg, to represent Luildi:F heights. The different. building eonfl,urationlj fnsetbacks, a nln:poa tuntE part ain•ita. open areas and unite Per acre,.I' y t5, and SS'fea . boards arriving at a height liml'a`11sh a hcught limit of 45 feet A move for a motion to e u•d 55 feet was mad. by I.— DeVeau, second by Vr. KcLay. unanimous chow; of hands carried the motion. j_ UIi1T5 PER ACRE: Kr. Hanson pened per acrd. 'll e l boa Ld a detailed chart coverinE.- 20- 25-30 -35 the •vinue elected to 'ollow a 25 unit per a-re course. pointed nei'ht restriction s Smpossed ":r. ndicatedafour etoryabulluinF' too ^age, a major consideration, v:o Id seem •n acct the criteria for open space and the eco:nomics of the project. Anything less -.ould be .,desirable. e. Ir. cis Clay pointed out that I t coverage, and tad open space would be undesirable at 25 units per acre. The detail. H s points ired 20 U.P.A. and Mri ::anson dii: cussed this in dci��l ol6 the board interest 'were well taken and met with the apf including Er. f:artin who fortu-at„ki'^ abundle the join us atathis time. It -as decided that with Pa U.P.A. and with no -or comnise con t ld be reached ailowlnlr 25 narking under the building 20 U.P.A.would be limit in the R -3 Zone. The mo••. for a motion was made by Pr. Iurtin a'd second by l:r. 4:a Clay fora re p,ulati Cl: p�rk0lnU•vndc rw thl!o`uildinl. Mr. Burkett builds n!'. :n. 25 U.P.A. question.d the motion stating that it s emed to - rstrihere and he felt 30 U.I.A. and 3` U.P.A. nou I L•c rto re re allc[ic there was ^o f rtacr die.eusci ^n forth cor+.•int and a '1' of hand. vote `an taker. reulll ink in °our in f:.eor and I grain ^t. I:r. Burkett beln"_ the dissentir.E vote. PAGE 2 SPECIAL M EfING PLAh.'ING ANL ZONING EOARD MAY22 1972 4- UILIT, AREA LIVING SPACE: The 'thinkinc of the boa -a members fo unit space in con iminiuma voulA best erve the owners and establish spacious livinr, If the following fiEures were set for the R -3 Zone. I hedroom Unit 850 Sq'-a -e Feet. ® 2 Bedroom Unit I050 Square Feet. Additioeal Bedrnnm -.200 Sq,,are Feet. A visitor at the meeting objected t� the size of the - drdtional Bedrooms and this was noted. After s me discuss +on a move was made for a -otion by Mr. DeVe -a to include iLLt L!A reuulations the igur•- noLad for mi, fin"m unit nn -e requircc. <nts. 1;;. Burkett se^ n' . A unan'm us how of hands carried the motion. 5- BREEZL.1AY: The board referring to a chart previously submitted by Kr. Hanson and discussed at pravious me,tinE:: made Lhe decision to require 25% of the width fronting on tl,e ocean as open area and maximum LuildinF length at 185 feet on a 248 foot lot width. The move vas made. by ;•.r. NaClay for a motion and seconded by Rr. I:artin to vote on these fijures.for ipclusion into the reFulations for the R -3 ocean front zone. A unanimous chow of hands established this regulation. ® 6- 1.AN. U' °CAPIDG: 'fhru -ut this, session many com::euts h:: ve Leen made relative to green areas. The Vice Chairman noted this and asked for direction as to how landscapinE and beautification could be controlled legally and by regulation. Mr. MuClay produced a lenghtly document epellinE out the requirements and at the boards request proceeded to read the document. Since this item was a new consideration it was agreed it could not be properly considered at this session of the board. Councilman Nicholas Euggested that our consideration should be preceeded by a Beautification Board revie•x since they viers very knolvledgeable in toic field. This was agreed upon and the matter tabled until pending recconendations from the Leautification board.' rFe time being late and the agenda completed amotion was made by I•ir. De Veau and seconded by Mr. Burkett to adjourn this session of the PlanninE and Zoning Board. 1:ntinn carried. 'Phis board stands down, under Cie gavel at 1I:55 P.M., co ordered by tine Vice Chairman. Respectfully submitted, li, UGM C. Van Wagner, V4616 Chairman Zoning and Planning Board M E 61 0 TO: City Council City Manager . Building Official City Planner Zoning & Planning Board FROM: Franklin D. Martin, Chairman Zoning & Planning Board DATE: May 12, 1972 Mr. Stanley Adams, Chairman of the Cocoa Beach Planning & Zoning Board has invited each of you to attend their Board meeting on Monday evening, May 15, 1972 at 7:30 P.m. Said ® meeting will be held at their City Hall. }1e asked that I extend an invitation for those of you who could attend this meeting in the hopes that problems concerning oceanfront property can be studied with the local developers In attendance. Recently the Cocoa Beach Zoning & Planning Board sent out a questionnaire to the area developers requesting comments relative to set- backs, density, height limitations, etc. and hopefully these developers will be in attendance on Monday evening, giving their views and comments on this subject. I hope to see all of YOU at the meeting on Monday evening. City of Cape Canaveral ......e -UC . c.rc C.N.v[N.L. nonm.11- REGULAR MEETING ZONING & PLANNING BOARD MAY 31, 1972 AGENDA CALL TO ORDER ROLL CALL ITEM11 1. Discussion Starr Salea 1 of' new and usedtearn Re- Item 2. Discussion tionrRPUD for xcep- Park Request #72 -10 , Item 3• Discussion - for Specials ExceptionRPUD Development Request#72-11 Item 4. Councilman's Report - Mr. E. Harrison Rhame Item 5• Building Official's Report - Mr. Jack Hurck Item 6. Approval of Minutes - Regular Meeting - I-lay 10, 1972 Item 7. Approval of Minutes - Special Meeting - May 22, 1972 Item B. Discussion & Recommendation - Howard I.I. Gould Request #72-10 Item 9• Discussion & Recommendation - Cirst Interstate Development Item 10. Discussion - Amendment to Zoning Ordinance RE: R -3 Item 11. Discussion - Landscaping Ordinance ADJOURN rank In �ar tn,. Cha rman e Zoning & Planning Board REGULAR MEETING ZONING & PLANNING BOARD MAY 31, 1972 The Regular Meeting of the Zoning & Planning Board of tie City of Cape Canaveral, Florida was held at City Hall, 105 Polk Avenue on May 31, 1972. The meeting was called to order at 7 :40 p.m. by Chairman Martin. Present: Zoning & Planning Board Members - Martin, Van Wagner,. De eau, ur eC 5na Maclay Councilman Rhame L�t�fena er Francis unq Tlcial Hurck it Tanner Ransel ecr•etary Grigsby ITEM 1. Discussion - Jack Starr Starr's Texaco Station Request Re• a e of ew se ars O Chatrhnan Martin read letter dated May 2, 1972 from Mr. Jack Starr requesting the City to take necessary action relative to new and used car sales being an allowed used In a C -1 zone. Mr. Starr stated . he was not asking for spot . zoning but rather that thin be an allowed use or Special Exception In a C -1 zone. He further stated there would be no more than six (6) cars at this lo- cation at one time and all cars would be 1972 or newer models. Chairman Martin informed Mr. Starr that the request would be discussed later on in the meeting and recommendation would be made at that time. IT04 2. Discussion - Howard M. Gould Re neat for Special Exce tion H D - Expanu. on o '1'r5i er jr Reguea - if" -10 After, discusafon of Mr. Gould's request for Special Exception RPUD Re Expansion of his trailer park, motion was made by Mr. Maclay seconded by Mr. DeVeau and Vote of 5 -0 to TABLE said request until the meeting of June 14. Philosophy: Pre - Application Conference had not been held, therefore no reports submitted regarding this request. Mr. Gould was requested to submit a statement prior to the meeting of June 111 stating that the existing road in the trailer park will be paved and will meet the requirements an specified in the ordinance. Board recommends that notice of public hearing be forwarded to the newspaper as soon as possible in order for public hearing to be scheduled for June 20th. u • ■ REGULAR MEETING ' ZONING &PLANNING BOARD MAY 31, 1972 PAGE TWO ITEM 3. Discussion -First Interstate Develo ment Cor Re nest For Special Exception R'UD - Hequea - 1 City Manager pointed out that the ten (10) day requirement as stipulated In the zoning ordinance had not been met and that the required Pre - Application Conference reports had not been submitted, and suggested that the item be tabled ,until said reports had been submitted and ten (10) day requirement met. Mr. Roy Cowell of First Insterstate Development Corp, asked If he could briefly explain the concept of the development and was allowed to do so. Ile stated the project consisted of 30.91 acres acres with a total of 310 units. Said project will have a putting green, shuffle board court, swimming pool, boat storage, basket ball courts and multi- purpose building. Mr. Cowell further stated that all water, sewer, utilities, storm drainage, streets and maintenance of grounds would be the responsibility of the owner's association. Natural vegetation would be retained In the 75' buffer strip on the north side of the property (30' easement included in 75' strip) and the 35' buffer strip on the south aide of the property. Councilman Rhame pointed out that this area was zoned R -1, Single Family Residence and this type zoning prohibited multiple- family dwellings. Mr. .Cowell replied that these were not to be considered as multi- ple -type dwellings but rather as four single £anily units joined to- gether as each unit would have Its own private entrance, patio, balcony and two parking spaces, one covered and one outside. Chairman Martin stated that further discussion would be conducted later in the meeting. ITEM 4. Councilman's Report - Mr. I, Harrison Rhame Councilman Rhame reported that Harry Schramm'a Variance request had been recinded and Cape Shores RPUD Special Exception public hearing would be June 6th. ITEM 5. Building Official's Report - Mr. Jack Hurck Building Permits issued May 11 - May 31, 1972 were discussed. Copy attached. PAGE, THREE ZONING i PLANNING BOARD ZONINNG G � I4AY 31, 1972 _ May 10, 1972 of 6linutca Rerular 6leeting Deveau to ITL1.4 G. A royal seconded by Mr. 4lagner, made by I4r. Van 1972 as submitted. tlotion wall Regular Meeting, May 10, approve the Minutes of the _ g ecial Meetin - Ms 22' 1972 ® So moved. rove ITLId 7• AP royal of 141nutes 61r, I4aclay, seconded by Idr, Burkett to app Motion was made by May 22, 1972 as revised and the 1•11nutes of the Special 14eeting, corrected. So moved. e nest � {72_10 ommendation - iloward id. Gould R q DSscusalon & Bee uest W72-10 was TABLLD until I'fLM R• of Req Diaeuasjon & Recommendation Of June 14, 1972• _Jack Starr Request meeting n Discuss Son & Becomm endatio seconded by ITLM 1. was made by Mr- idae].aY, After discussion, motion Starr's request for of Board -' 5-0 to D);14Y Mr. Is onunended to Council. Atr, DeVeau and vote cars in a 0-1 zone and /so rec Pirst Interstate Development sale of nee and used _ ITLi•1 9 - Discussion �. Reeolmnendntl4n eque� �notiion Was made by Mr. Maclay, seconded by After dissuasion, item until June 14 as I4 Board - 5-0 to TA➢LG d vote of D tted an Pre- APPl1cation d ten (10) day Mr. Burkett an were not aubml Conference reports W not met. ordinance Board 11 re quiremenntfacu3 ion - Landoca 1ng ITEM 11. City Council from the Beautification A letter addressed to Sng ordinance had ,, r.ne LandscaP visa read by Mr. Maciva oard. Said letter pouncil been paaaed by the Beautification B submitted to City the proposed LnndacaPiag Ordinance will be 4!ork shop on June lat. r. Ne,laY to resommend made by tir. DeVeau, seconded by M Motion wall Board q_1 with of said Landscaping or adoption o dinance and vote of oting agalnat the rec otmnendatioa• R -3 Zone Mr. Burkett v to Zoning Ordinance RL: Amendment 51'loors and 25 I'fLid 10. Discussion units per acre, Computations Be' 20 dwelling dwelling units per acre, :1 floors were Prevented by Chairman Mart a and discused by the Board. s REGULAR MEETING ZONING & PLANNING BOARD MAY 31, 1972 PAGE POUR Chairman Martin also submitted a three page.liet'of recommended Zone changes In the R -3 /and each item was dlscusaed. • Chairman Martin requested Board Members DeVeau and Burkett .submit a report Re modification of the ordinance - "Off- Street Parking Areas" Pg. 88, Section IX, 1 (c) (4). ITEM NOT ON AGENDA Motion was made by Mr. Maclay, seconded by Mr. Burkett and Vote of Board 5 -0, to recommend that City Council appoint a Board of Adjustment at the earliest possible time to conform with the pro - visions as stated in the Florida Statutes, Section 176.08 - 176:15. Said Board of Adjustment should have no more than one (1) Zoning & Planning Board Member and no more than one (1) member of City Council. Motion wan made by Mr. DeVeau, seconded by Mr. Maclay to adjourn the meeting at 12:15 a.m. Respectfully submitted, Franklin D. Martin, Chairman Zoning & Planning Board BUILDING PERMITS ISSUED FROM 11 MAY '72 TO 31 MAY '72 PERMIT DATE NUMBER ISSUED OWNER /ADDRESS TYPE OF EST. PERMIT —�_ CONST, COST FEE 1681 5/15/72 Susan Spear 615 Monroe Ave. Construct Single $22,224.00 $75.70 Family Residence 1682 5/15/72 Gerald Taylor Erect Portable $ Sign 1, 00.00 6107 -6111 N. Atlantic Golden Dolphin g 5 $22.50 5/15 - 6/30 ICS, 5/25/72 Bennett Asquith Construct 6'x 6' (Harkey Corp.) addition to Comm, $14,500.00 $34.50 8085 N, Atlantic .bldg. 1684 5/25/72 Cape Shores Dev• Build approx. 410' $ 2,050,00 $ 9.00 Jack Moline /Glenn bulkhead - 2" high Schoscow 1 1685 1686 e 6619 N. Atlantic 5/25/72 Robert Russell •'� 8911 id, Atlantic Change oectrical $ 50.00 $ 1.50 Port Canaveral Trl Pk 100v 6 'Electrical amps to 5/25/72 H & WPublicationr Erect Portable Sign $ ^ q 7032 N. Atlantic Adult Book Store ,$105.00 Dec. 1 - June 30 GAS PERMITS ISSUED 0 SEWER PERMITS ISSUED....... STREET EXCAVATION PERMITS ISSUED........., 0 WELL PERMITS ISSUED,,,,,,,,, of City of Cape Canaveral Boa rope .vx.�uc`cr c oe'"vxn�. Lonioa axoxo arror REGULAR E UA.p[aAl ZONING & PLANNING BOARD JUNE 1 AGENDA CALL TO ORDER ROLL CALL ITEM 1. PRESENTATION & QUESTIONSRowardCGouldO (Tabled Q5 /31/72) ITE14 2, PRESENTATION & 1}l 722 -11 - SPECIAL Corp. (Tabled 5/31/72) {•IoRK SESSION I'PEt4.1. APPROVAL OF 1,1- REGULAR MEETING -NAY 31, 1972 ITEM 2. COUNCILMAN'S REPORT ITEM 3• BUILDING OFFICIAL'S REPORT 0 ITE M 4. REVIEW & REC0141- IENNDATION- SPECIAL ZONI14G REQUEST #7 2_1N Gould ITEM 5. REVIEI'! & RECOF44ENDATION- SPECIAL ZONING REQUEST 1172-11 First Interstate Devaopment Corp. ITE14 6• EXPIRED DTERIONTTO CITY ARDCMEMBERS (VanWagner & Maelay ITEM 7. REVIE4I - ZONING ORDINANCE 1, Report Re. DeVeaur &e Burkett nE 2. R -3 Zone ITEM B. PUBLIC DISCUSSION PERIOD ADJOURN Ii?n.•�/ � '� R'PIN, CHAIRMANrt�� R zoning & Plannin.7 g Board REGULAR MEETING ZONING & PLANNING BOARD JUNE 14, 1972 The Regular Meeting of the Zoning & Planning Board of the ® City of Cape Canaveral, Florida was held at City Hall, 105 Polk Avenue on June 14, 1972. The meeting was called to order at 7:35 P.m.. by Chairman Martin. .Present: Zonis & Planning Board Members - Martin, Van Wagner Deb eau ane murk t Councilman - Rhame City i4ana er - Francis u n icial - Hurck anner - Hansel 'ecre ary - .Grigsby ITEM 1. PRESENTATION & RUESTIONS- SPECIAL ZONING REQUEST owar Gou Tab a /72 Chairman Martin read letters from Building Official Hurck, City Engineer Project Representative Strang and City Planner Hansel written after the pre - Application Conference was held on June 14th. Said letters stated request to expand Mango Manor Trailer Park would be acceptable as per plans submitted provided Mr. Gould submit a letter outlining his future plans for expansion and Improvement of access . on old SR -401. Mr. Gould then submitted a letter dated ,Tune 14th which stated his intention to widen the existing entrance and pave the entire roadway throughout the existing trailer park, said entrance would be paved to a width approximately twenty -four (241) feet more or less. Aforementioned letters attached to and made a part of the Spe- cial Zoning Request #72-10 file. Councilman Rhame asked If any recreational facilities were exist- ing and if' any were planned. Mr. Gould replied there were no recrea- tional facilities at the present time and none planned for the future. Mr. Gould was asked . the number of acres he owned at this location to which he replied approximately five (5). There being no further questions, Chairman Martin Informed Mr. & Mrs. Gould the item would be discussed In the Work Shop portion of the meeting. ITEM 2. PRESENTATION & QUESTIONS - SPECIAL ZOIJINO REQUEST 1.11-at Interstate lleve opment orp. a e 5 Councilman Rhame . informed the Board that the City Attorney REGULAR MEETING ZONING & PLANNING BOARD JUNE 14, 1972 PAGE TWO questioned the legality of the request and an opinion would be forth - coming as to whether or not the structures would be considered multi- ' family units (which was not permitted in a- R -1 zone) or whether they • would be considered single family units. .Motion was made by Mr. DeVeau, seconded by Mr. Burkett and vote of Board was 4 - 0 to TABLE request #72 -11 until an opinion was handed down by the City Attorney regarding the legality of the request. WORK SESSION ITEM 1. APPROVAL OF MINUTES- REGULAR MEETING -NAY 31, 1972 Notion was made by Mr. Burkett, seconded by Mr. DeVeau to approve the Minutes of. the Regular Meeting of May 31, 1972 as submitted. Vote O. was unanimous for approval.. ITEM 2. COUNCILMAN'S REPORT Councilman Rhame reported that Special Zoning Request #72 -9 RPUD - Cape Shores Development had been approved, pre - application Portion only, subject to conditions set forth by the Zoning & Planning Board. Councilman Rhame informed the Board that a Board of Adjustment would be appointed as soon as possible and he would keep the Board Informed of the action taken by Council. ITEM 3. BUILDING OFFICIAL'S REPORT Building permits. issued June 1 — June 14, 1972 were discuased. 'Copy attached. ITEM 4. REVIEW & RECOMMENDATION- SPECIAI, ZONING REQUEST x'72 -10 owar ott After restatement of the request, Chairman Martin asked for a recommendation to grant, deny or table the request. Motion was made by Mr. DeVeau, seconded by Mr. Burkett and vote of Board was 4 -0 to recommend APPROVAL of said request Providing Mr. Gould widened the existing entrance and pave roadway through out the park as stated in his letter of intent. ITEM 5. REVIEW & RECOMMENDATION- SPECIAL ZONING REQUEST 1i72 -11 1 rs- I1— rs-a'e Development tor;p Motion previously made earlier In meeting to TABLE this :Item. REGULAR MEETING ZONING & PLANNING BOARD JUNE 14, 1972 PAGE THREE. ITEM 6. EXPIRED TERMS -TWO BOARD MEMBERS Van Wagner & Macla,V L• L D 1 0 CIL Board Members Van Wagner and Maclay had previously expressed a ® desire to remain on the Zoning & Planning Board. Letters were read from Robert E. Garthwalte, E. H. Allen, R. R. Moeller and Raymond Eichhorst stating .their desire for appointment to the Zoning ,& Planning Board. Letters to be submitted for review at Work Shop or City Council June 15th. Motion was made by Mr. Burkett, seconded by Mr. DeVeau to recommend Mr. Van Wagner and Mr. Maclay be re- appointed to the Board. Vote of Board was 3 -0 with Mr. Van Wagner abstaining. ITEM 7. RRVTT7W - 7.nMTVn n— TVnvnn 1. - -Reeor Re: ff- Street Parking (DeVeau/Burkett O �R -3 Lone 'Mr. Burkett read a report compiled by he and Mr. DeVeau relative to Off- Street Parking. Report contained the following: Page 88 of Zoning Ordinance states (item 4) "Required off- street parking areas for five or more automobiles shall have individual spaces marked, and shall be so designed, maintained, and regulated that no parking or maneuvering. Incidental to actual parking shall be on any Setback area, public street, walk, or alley, and so that any automobile may be parked and unparked without moving another ". 'Report suggested the words "setback area" be deleted and the words "landscaped buffer" be Inserted instead. Page 103, Stem (i) States "Other than listed above In (g) and (h), no required setback area shall be used for any parking apace, or back -' out area ".. Report suggested the words "setback area" be deleted and the words "landscaped buffer" be inserted instead. Page 137- Definitions "Landscaped Buffer" should be defined; "That portion of the building' Setback, along the lot line, which 1s ten (10) feet wide adjacent to any street and two and one -half' (2 -1/21) feet wide adjacent to any abutting lot ". Said item to be Inserted after definition //39- Hotel. Chairman Martin submitted a seven page report llating the Zoning Regulations Recommended Changes, for review. City Planner Hensel sugg- ested that the two reports be studied and discussion held at the next regular meeting. Said item to be placed on ,June 28th agenda. REGULAR. MEETING ZONING &'PLANNING BOARD JUNE 111, 1972 - PACE FOUR There being no further business to come before the Board, motion was made by Mr. DeVeau; seconded by Mr. Vanllagner:and un- animously agreed by vote of 4 -0 to 'adjourn the meeting at 9:40 p.m. Respectfully submitt Franklin D. Martin, Chairman Zoning - &.Planning Board BUILDING PERMITS ISSUED FROM I JUNE '72 TO 14 JUNE 172 PEH4IT DATE NUMBER ISSUED OWNER /ADDRESS TYPE OF EST, PERMIT —�_ CONST. COST FEE 1687 6/2/72 E. H. Allen Change of Electrical $200.00 111 Justamere Rd, Service to 200 amps $.3.00 dollbl 1688 6/2/72 C. Arthur Ware fee 201 -203 Monroe Ave. &edoors onobldg,Shed $216.00 $10.00 fee $5 +$5 1689 6/2/72 Charles Schanuel Erect 4' Chain Link $155.00 371 Harbor Drive Fence -Side Yard Only $ 2.50 1690 6/6/72 Daniel J. & Margaret Install 100 amp $100.00 1. 0 Del Farero electrical service $ 5 124 Harrison Ave. to trailer 1691 6/12/72 Herman Esqulvel Erect Portable Bld double 211 Circle Drive 8'x12' W/1 door g' $250.00 $10,00 fee rear yard $5 +$5 1692 6/13/72 Tenneco Oil Co 7200 14. Atlantic Ave.Bngasldlspenseraor $400.00 $ 5.00 1693 6/13/72 Don D, Clayton Install additional 121 Monroe Ave. electrical meter in $ 75.00 $ 1.50 panel GAS PERMITS ISSUED....... „ 0 SEWER PERMITS ISSUED EXCAVATION PERMITS ISSUED,.,,,,,,, 1 WELL PERMITS ISSUED,,,,,,,,,,,,, 1 June 14, 1972 ZONING REGULATIONS RECOMMENDED CHANGES PAGE P4 (DELETE) "3(g) Residential Planned Unit Development, excluding mobile home parks, as set forth in Section VIII (1)." (ADD) "3(g) Residential Development as set forth in the Subdivision Ordinance No. 12 -62." P6 (ADD TO INTRODUCTION PARAGRAPH) "Site Plan Approval required for all multiple dwelling units." P7 (DELETE) "3(f) Permitted uses or uses permissible by Special Exception exceeding 40 feet in height." (ADD) "3(f) Residential Planned Unit Development, excluding mobile home parks, as set forth in Section VIII(1)." 27 (DELETE UNDER MULTIPLE FAMILY, MAXIMUM HEIGHT) 1 11 . , except as provided under Special Exception." 26 (CHANGE 1.(b) AS NOTED) . . . that in no case shall there be more than TWENTY -FIVE (25) dwelling units per net residential acre." FROM: "TWENTY -FIVE (25)" TO: "TWENTY (20)" / / / PAGE P9 (CHANGE INTRODUCTION PARAGRAPH AS NOTED) "The provisions of this district are intended to apply to an area of HIGH density residential development." (CHANGE "HIGH" TO "MEDIUM. ") O "Lot, height, and other building restrictions are intended to accommo- date AN INTENSE degree of development." (CHANGE "AN INTENSE" TO "A CONTROLLED. "). (ADD) "Site Plan Approval required for all multiple dwelling units." 29 (DELETE) 1.(b) " . . . in no case shall there be more than forty (40) dwelling ® units per net residential acre ;" (ADD) dwelling 1.(b) " in no case shall there be more than twenty (20) units for multiple family or forty (40) dwelling units for hotels and motels per net residential acre." 30 (DELETE) "3(e) Uses exceeding 40 feet in height;" "3(f) Uses exceeding 40 dwelling units per net residential acre:" 30 (ADD) "3.(e) Residential Planned Unit Development, excluding mobile home parks, as set forth in Section VIII(1)." PAGE 31 (DELETE UNDER 5. RESIDENTIAL AND OFFICES, MINIMUM LOT AREA) ' . . , and in addition, the ratio of gross floor area to lot area shall not exceed 0.5:1.0." 31 (CHANGE UNDER S. RESIDENTIAL d OFFICES, MAXIMUM LOT COVERAGE) FROM: 1140%." TO: "25X." 31 (CHANGE UNDER 5' RESIDENTIAL 4 OFFICES,.MINIMUM}LIVING OR FLOOR AREA)° FROM: "Same as R -2" TO: "Single Family: 1050 sq.ft. /D.U." "Two Family: 850 sq. ft. /D.U.-- ® "Multiple Family: 1 OR - 850 sq.ft./D.U." 2 SR - 1050 sq.ft. /D.U." "Plus 200 sq. ft. for ea. additional OR" 31" (CHANGE UNDER 5. RESIDENTIAL 8 OFFICES, MAXIMUM HEIGHT) FROM: "None" TO: "45 Feet" 31 (CHANGE UNDER 5. CHURCHES, HOSPITALS, AND THE LIKE, MAXIMUM LOT COVERAGE) FROM: "35X" TO: "25%" PAGE 31 (CHANGE UNDER 5, CHURCHES, HOSPITALS AND THE LIKE, MAXIMUM HEIGHT) FROM: "None" TO: "45 Feet" • 31 (ADD NEW CATEGORY) "HOTELS, MOTELS AND THE LIKE" MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM LOT DEPTH MAXIMUM LOT COVERAGE 25% — MINIMUM LIVING nR FIOnR AREA MAXIMUM HEIGHT 45 Feet 32 (ADD NEW CATEGORY) "HOTELS. MOTELS AND THE LIKE" MINIMUM YARD REQUIREMENTS FRONT SIDE INTERIOR LOT SIDE CORNER LOT REAR 32 (ADD) "6. Breezeway Requirement" "25% of the North /South Dimension of the property shall be open to the breeze in an east /west direction. This may include required setbacks." PAGE 32 (ADD) "1. Maximum Length of any Buiidin in a North /South Direction: 185 feet." • 32 (ADD) "B. Landscaping" "Landscape per landscape ordinance 6 -72" - "Requires_10_feetIaDdscaped buffer adjacent to any street and 2.5 feet landscaped buffer adjacent to anv abutting lot." 32 (ADD) "9. Minimum Open Space Area Requirement." ® "15% of total lot area." "Not to be included as part of open space area: building setbacks, bluff line setback, area occupied by all building structures, parking area, roads and drives." .. "Recreational areas may be included." PAGE 37 (ADD) --3(1) Residential Planned Unit Development as set forth in Section V111(1)." 37 (DELETE) permitted." 0 "4.(a) Residential uses, except as specifically 59A (ADD) "RPUD APPROVAL PROCEDURE FLOW CHART" 60 (ADD) „q ,e A copy of the Development Plan shall be delivered to each member of the Zoning and Planning Board, three (3) days before ® Zoning and Planning Board review meeting." 71 (ADD) ment "Procedure for Securing Approval of a Planned Residential Develop for Mobile Home Parks is the same as for RPUD (reference pages 59 thru 66)." BB (CHANGE IX 1, (c) (4) AS NOTED) o parking or maneuvering incidental "(4) . . „ and regulated that n to actual parking shall be on any SETBACK AREA," FROM: "SETBACK AREA" TO: "LANDSCAPE BUFFER" PAGE 102 (CHANGE XII 3. (i) AS NOTED) "(i) . . , no required SETBACK AREA shall be used for a parking space or backout area." FROM: "SETBACK AREA" TO: "LANDSCAPE BUFFER" 113 (CHANGE XIV INTRODUCTION PARAGRAPH) FROM: "A Board of Adjustment is hereby established, which shall consist of the five members of the City Council." TO: "A board of Adjustment is hereby established per Ordinance 7 -72." 137 (ADD) "39A. LANDSCAPE DUFFER - That portion of the building setback, along ® the lot line, which is ten (10) feet wide adjacent to any street and two and one -half (2.5) feet wide adjacent to any abutting lot." 140 (ADD) "58.A. OPEN SPACE-AREA?-That area of the lot which is to be left open for free circulation of air. Not to be included as part of open space area: building setbacks, bluff line setback, area occupied by all building structures, parking area, roads and-drives. Recreational areas may be included." 146 (DELETE) "83. TOWNHOUSE - A one - family dwelling. ' (ADD) "83. TOWNHOUSE - See DWELLING, MULTIPLE FAMILY." -n 18,0 Sltc Plan App,-al Multiple for Family Dlstrlcts: (a!- Purpose The purpose of these previsions is to permit a desirable living environment for the residents nt muitlple family dwelling e a harmonl nfo rcl aU nn slop be [wean dwellln s pruvid ng for a review and v 8 and to encourage R and surrouMing developments by e aluat(un by the Plnnnl_tig end�Zoning Board and r „t tlwollinv�N1 "f all site plugs 1 r4ectd of •more t ' _ maximum flex) —i� ere,. It fs Intu.duJ that such ry revl n, w�n"'—flve -(51 btD`• ` variety and Innovation with iln tt he lot cln t)land on Its merits and anc parmlt purpose of this re courage (b) Site Plan A roval Re Bul atlon. ulreJ :�....:,� No permit 'or bnlldlnq or building expnnstun ■hell be any bu(Idlnq situ on which there (s [u he located five units until a rc issued on producible ,role and dlmens/on site (Sj or more llvin 0.'°s " eba -2oafrlg-dlreetor mn plan, drawn to such g _ lend surveyor or y ieTlt r°. prepared by a registered engine ar,��, 1. •• archltact, has been autxol tied to and approved b GtNmsl eskNl. or '• y the Geuasy (c) Gcnaral Cnnslde rat tout and Situ Plan Review The Pl enn(ng and tIni ng Board and rho ` i eeteu that proposed Lrt slay 0 at �•� street parkin s, lul coverage, building height., r shell aecertaln ® rogvl�ements of p01. sr �gu lalinn tangy Provisions era ede ate rd regal cements, off, such uses are hermonlous with the adjnecnt a'p.,:.ndewo dlnencasmand that dens([y es[abllshnJ In the area, The Pl..n,, (th the character and may that pu bl (c in bwarr h°°; I ngen a site a'd�Goning Beard _'I""oonty PI an where It Is determined Zoning Board land the C,I1 abuv,.. ttvnet nl c•pnsldcratlons, the - shall stew to the n, ty �' "wxt "Nl.m !n the exercise of their ang ands cord that e.rh fnctor ens cansl Icse o authority, reference (1) Ingress out...tioe do dress to property and proposed structures, with provision of services, and ;, ptdestrt.n safety, [raffle flow a ass In case of f[re or catastr phecontrol, (2) Manner of drnlnng,e to the property, (h1 3) Utilities, with reference to hook -!n locations and availability and caper the arc projected, (an Off street pork log nrcas, w([h attention to automotive and Pedestrian sefe[S', trnffl. flew an control, °cents In case of fire or catastrophe, cunvenlencu to III units nt !s desl.. to serve, open space, APPn�pr(ate ' mdscePing In conjunction with parking areas and (6) Density „f d,. veleme pnt, within the framework of the permitted density and the density of development to the Immediate ore°. 18.0 Site Plan A roval for Multiple Family Districts coot. (7) Recreation and open spaces, With attention to the location, size and development of the areas in regard to thatr affect on privacy of adjacent living areas, and their relationship to community vide open spaces and recreation facilities. (8) General character and camipatlbility With reference to Insuring the proposed development will be d-igned so as not to cause substantial general depreciation of pro light, property values or reduce the safety, convenience of neighboring developments. ® (d) Procedure for Obtainin R Site Plan APProval �Ty 4) „ Pre- anpliratlon GonCurenc_a., p,. applicant shall meet with ptP�, 4 t and the Building the Pieawwg- OaPar+ne"e GenMp to discuss basic site plop requirements and consider preliminary features of the site and the pruposed development. (2) Prcliminary Site Plan. Following the pre - application conference, 4. "i4')aopies of n preliminary site plan, prepared by a registered surveyor, civil engineer, landscape architect or architect, shoving the prwpoxwl general layout, a vicinity map showing the location of abutting Streets, existing and proposed ut11 i[ies and storm drainage system in accordance with tile site plan requirements shall be submitted to the Building ±u.S y„�fnK.- L.,p.ra«wns„ for forwarding to other Departments and the Plannlnl und%uning Bnanl for their review. ® (7) General Statement. A statement describing the general character of the in Leaded development and the proposed metllod„oE l's \o lee preserving and main Utining open space shall accompany the .,((e�64 WJ ( p of the preliminary situ plan. (4) Review and R-,rrvnendatinns. Applications or preliminary site plan approval sloth ill-t 1,�' auul.itted to theta+�a*fnL� department which shall forward copies of till' proposed plans to the Planning Department and the Engineering Department fur their review and written recommendations. Thu Planning and '' /.uning Board shall review said site play reeom.e"at4Hne -and submit-T"'Ir written G...i.s.Lwn Within forty -five t45) days after the receipt of said plans and In no event let er then one week prior to the date of a public hearing on said site plat should a public hearing be held as heretnabo Zher Planning 4�inn -shs14 Limn - r t- nd toning Boal'd ;d either approve or disapprove the plan or portions f the plan submitted not -later than - them- aerpttd- reb'u#arGlma- t°'W__nianoing, and fail WiTgrthe-- r_i_pt -uC L4.,�a:I LLwn- oucommuadatlons- : +++m��..� (e) Site Plan Requirements Situ plan, shall include: O) Bye,,, locution, owner and designer of the proposed development. �j8,0 Site Plan Approval for Multi Is ram— Ol...icta cost." A (e) Site Plan Requirements cunt, (2) Location of the site in relation to surrounding' properties, . lmeluding the means of ingress and egress to such properties and any aeraaning or buffer@ on such Properties, -'- It - (3) Date,j '�pporth gqLrow and graphic scale (not less 'then one Inch Is Ji set I eque (A) Location of all property lines, a :teting straetm,asssmenb, .utilities AS well as proposed drainage structures and culverts, and proposed @tracts, driveways and general lot layout. (5) Location of all trash receptacles (6) .. � jj'' (6) Location size and design of land9Ceped are".' (7) All•@tructures and mayor teetures'Vhell be fully dfiennionod •Including distance between structures, mtraeture and. dwallinj unit .1,. living area, distance between driveways, parking are", property or lot llmes, and percent of property covered by structures:_.' � <f) Final Anaruwl �. iv _ • Upon the site plan being approved and r building Permit being issued, the dovelupmant shall bu built subatantlal ;y ln.accordahes with the site + - plan and the plans and apeclflcations, U'after such.approval. should the owmaF/appllcant or his suce@sors desire to�ako'any rthanga■ !d sib .•.v•t; ,Plan, much changes shall first be .ubmltted to the Planpina and lal 8oerd. If the Planning endioning Hoard deem@ that there is a su6etmtial .i -j Y [ .wdo yr deviation from that which is shown on the approved site -plan, r llcant or his successor. shall be required to return to the Planning •and ning Board. A further Public haerlmg may be conducted by the Planning and Zoning'Board andfer -the ewe!ry?60sN4"4en where it is determined that che;publlc interest warrants n F r } Multiple FamLIY Residential 'L (RU -3) This zone classification encompasses lands devoted to multiple family rusidentlet duvelopment, together with such public buildings, schools churches, public recreation facilities and accessory uses as may be necessary or are nOrmnlLy compatible with residential surroundings, 4.08 A - Parmitted Uses: Duplexes Apartments One single family dwelling Public recreation buildings, playgrounds, parks, golf course &ar Ilit s •w tations *Home occupations (se,: Section 2,31) 4,08 B - Accessory Uses: Customary uses Incidental . to permitted. uses 4.08 C - Special Ilse :' (see Suction 7.0) requires public hearing. Hospitals and convalescent homes. Hotels and motels, restaurants with nn premises consumption of alcoholic beverages. Business astablisluacnts In motels and hotels having not less than 50 guest rooms, Churches Type V construction S,S.B,C. (see Section 11,0) Private clubs, lodges Public art galleries, libraries, museums Medical and dental clinics Professional Office buildings Kindergartens and dnv nurseries subject to approval of State Board of Henith. 4.08 It - Lot Requirements: 1. Minimum Lnt Sixa - an area not less than 10,000 square feet, having a width of not legs than 100 feet and a depth of not less than LOO feet, 2. Maximum density - 30 dwelling units per gross acre (1450 square feet of lot area per dwelling unitl. 3. Maximum Lot Coverage - 40; 4.08 E - Setbacks: Accessory buildings shall be located to thu rear of the principal building, * *and no closer than 10 feet (121- feet un ocean) to the rear and side. lot tines ar 25 -to the bluff - line for oceanfront property, but In no case within the setbacks from a side street, And with a minimum spacing of 15 feet. Such spacing shall not be covered nor connected to the principal structure. Swimming pools and screen enclosures thereof shall be set back not less than 5 feet from the side lot and rear lot Imes (see Section )3,08), I. Oceanfront property (between Highway AIA and the ocean) Front setback - not less than 30 feet from the front lot tine. Rear setback - not less than 25 feet from the bluff line. Side setback - 257, of frontage shall be kept clear as a breezeway from the ocean. In no case she I l- Interior lot side setbacks ba less than 12� feet from the side lot line, In no case shall corner lot side setbacks be less than 25 feet from the side let line. * As amended 7, -29 -71 4,08 Mul Linle Family Residential Znno (R 111 coot, 4.08 E - Setbm`& _ c•onL. 2. Other property Front setback - not lefts than 25 feet from the front lot line, Rear setback - not 1088 than 20 feet from the rear lot line (sae 4,08 G) Side setback - (see 4,08 G) Interior lot nut less than 15 feet from the side let line. Corner lot - net less than 25 feet from the side lot line, 4.Og F - Illnlmum Fl,_, nrca: Single flasil) d111,11: unit - 1100 square feet Du Plex'!s - 2,009 square feet (1000 square feet per unit) Apartments L 8R - 500 square feet 2 8R - 750 square feet plus 100 square feet for each additional 8R. Efficlenei es -'40J square feet Hotels and motels - 300 square feet per unit 4,08 G - Maximum Height of Structures: Oceanfront property - 45 feet All other property: Structures shall net exceed 45 feet ..c pt that such height may be increased in accordance with the following schedule: Building Ilclght 45 to 55 fr• t - not less than 20 feet side lot line setback and 25 feet rear let line setback. 8uilding h,"Ot 55 tl 75 feet - not less than 25 feet side let line setback and 30 fact rear lot line setback. If 1141ne Ilop•I t In r•xcoss of 75 feet - nut less than 30 font slda I'll flee setback and JS tecL rear -lot line setback. 4,08 11 - Off Street Parking: (Area shall be hard - surfaced) ®. Parking areas shall not be separnted from principal structures by any public raad. Fur all residential buildings - Iii spaces for each living unit, For all churches and audltorlums - it spaces for each four seats therein. Far all restaurnnts and cocktail launeea permitted in this zone.or incidental to motels ur hutols - L� spaces for each 3 seats. For private clubs, art galleries, librarlea, museums, hospitals and professional office bullfings - l� spaces for each 300 feet of total square foa[aguof said building. 4.08 1 - Signs: A sign shall be permitted on the premises, displaying advertising matter related to the permitted use of those premises. "For Sale" or "For Rent" signs shall be permitted not to exceed thirty two (32) squnre feet In sir':, Signs shall be set back not ll!ss than fifteen (15) feet f-in the front lot line, Or f Cape Canaveral �Y—L. fLORIDe 1]220 ELEPHONE os REGULAR MEETING - ZONING & PLANNING BOARD JUNE 28, 1972 AGENDA CALL TO ORDER ROLL CALL ITEM 1. PRESENTATION & QUESTIONS - SPECIAL ZONING REQUEST - SPECIAL EXCEPTION RPUD FINAL APPLICATION - CAPE SHORES DEVELOPMENT - Request x/72 -9 0 WORK SESSION ITEM 1. APPROVAL OF MINUTES - REGULAR MEETING -JUNE 111, 1972 ITEM 2. COUNCILMAN'S REPORT ITE14 3. BUILDING OFFICIAL'S REPORT ITEM 4. REVI L•l'! & RECOi #72- 9TIOCAPESPECIAL SHORES DEVELOPQ T NT ITEM 5• DISCUSSION & BOARDIBUDGET N 1972/7$& PLANNING ITEM G. REVIEW - ZONING ORDINANCE ITEM 7• PUBLIC DISCUSSION PERIOD ADJOURN TH iJKLI1 D. MARTIN, CH II d N, /- a- Zoning & Planning Board e O REGULAR MEETING ZONIAIG &. PLA111gNG BOARD JU11E 28, 1972 The Regular Meeting of the Zoning &, Planning Board of the City Of Cape Canaveral, Florida was held at City Hall, 105 Polk Avenue on June 28, 1972. The meeting was called to order at 7:40 p.m. by Chairman Martin. Present: Zonln�& Planning Board Members - Martin, Van Wagner D`e3eau, Burket£ and Kffen Councilman - Rhame IIuildl� official - Hurck Cit Fla nner -el ecreiaK - Grigsby ITEM 1. _ PRCSENTATI011 Pc EyCLPrOON RYTJU_rl ZONING P);ZCIPI'REQUEST SPECIAL -- DEV �fAPiTE17T —_ Re3.ue e- E -il%? ��- - Mr. Jack Moline,. President of Cape Shores Development and Mr. John H. Al len, Engineer for Cape Shores De'lelopment were in attendance. Chairman Martin read a letter addressed to the City Manager, dated June 15, 1972 which listed the Required Exhiblts as stated on pages 62 thru 64 as well as procedure required as stated on page 65• Mr. Moline stated the only changes made since preliminary approval was given by the Zoning Board and City Council was the intersection change as requested by the City Planner and buildings moved to keep road entirely on Cape Shores property instead of going on Chandler's property. No provision had been made for the maintenance of the road to be built on the east side of the property. It wall suggested that the City Attorney and Mr. hloline's attorney get together and come up with a suitable solution for both the city and the developer. City requested that the 20' road to be built on the ens side of the property line on city dedicated land be maintained by Cape Shores Development, Mr. Moline stated easements would be provided relative to sewer lines when said lines were Installed. Chairman Martin noted that the 1.5 parking was being allowed for tills project (rather than 2.0 parking) because the Condominium agreement stated what would be allowed and what would be not allowed In the parking areas. Mr. Idoline stated additional parking was being provided over and above the 1.5 as previously allowed by the City. Mr. Idoline questioned the requirement of a maintenance warranty bond as stipulated on page 67 of the ordinance. After discussion, REGULAR MEETING.' ZONING & PLANNING BOARD JUNE 28, 1972 PAGE T110 the Board requested that the City Engineer be contacted prior to the work shop meeting of City Council on 29th regarding said main - tenance warranty bond for an opinion. • It was pointed out that page 68 stated building setbacks from the exterior . boundaries of the RPUD shall be not less than 35 feet. Board Member BuOett Tade a m$tlon t� TABLF6 the request. Motion ddi ��77 f' 1 ck of a second. A ter urther iscusa on mo ion was me a to accept Ne Hna�Y application and recommend to City Council APPROVAL of request x/72 -9 on motion made by Mr. Van Wagner, second by Mr. DeVeau and vote of 4 -1 for APPROVAL with Mr. Burkett voting against the request with the following stipulations: 1) Providing Building #17 has south -side setback of 15' e(Plans show 101). and subject to review by City Engineer; 2) Subject to City Engineers report regarding Utilities Maintenance Warranty Bond (See Page 67 of Ordinance) as to whether warranty bond is required; 3) Subject to letter from Cape Shores regarding maintenance by Cape Shores Association of 201 road to be built on east aide of property line on city dedicated land, pri- vate road to be maintained by Cape Shores Association; 4) Included in letter from Cape Shores dedication of sewer easements to city for sewer lines and mains. WORK SESSION ITEM 1. APPROVAL OF MINUTES- REGULAR MEETING -JUNE 14, 1972 Motion was made by Mr. DeVeau, seconded by Mr. Van Wagner to approve the Minutes of the Regular Meeting, June 14, 1972 as submitted. So moved. ITEM 2. COUNCILMAN'S REPORT Councilman Rhame reported that City Council had reappointed Mr. Van Wagner to the Zoning & Planning Board and had appointed Mr. E. 11. Allen to the Board. On advice of the City Attorney, the Building Official will have the final decision relative to lot Interstate Development Corporation relative to proposed project [south of Harbor Heights S /D. Building. Official Hurck informed the Board that the attorney for let Interstate by lot Interstate Development had been asked /to contact him relative to this matter but had not done no. REGULAR MEETING ZONING & PLANNING BOARD JUNE 28, 1972 PAGE THREE Councilman Rhame further stated that the Councilman's Direct Areas of Interest had not been determined and that the Board of Ad- justment ordinance and qualifications would be passed in the near efuture as first reading was on June 20th which establishes Board. ITEM 3. BUILDING OFFICIAL'S REPORT Permits Issued June 15 - June 28, 1972 were discussed. Copy attached. ITEM 4. REVIEW & RECOMMENDATION - SPECIAL ZONING REQUEST #72 -9 CAPE SHORES DEVEE07707- Recommendation to APPROVE request with stipulations as noted in Item 1, of minutes. ITEM 5. DISCUSSION & REC0141•IENDATION- ZONING & PLAN1ING BOARD BUDGET • Motion was made by Mr. DeVeau, seconded by Mr. Allen and vote of 5 -0 to further study the budget figures and place item on agenda of July 12. ITEM 6. REVIEW - ZONING ORDINANCE Chairman Martin submitted a copy of an Ordinance (7 -72) which listed several suggested amendments relative to Sections VIII, XIV, )CV and XVI and stated that the City Attorney had the original copy of said proposed. amendments. Chairman Martin suggested that the Board study the proposed amendments and also study the qualifications and other conditions report he had prepared. Copy of both reports attached to original copy of minutes. Recommended changes to the Zoning Ordinance which was submitted to the Board at'the last meeting along with proposed changes of the RPUD section of the ordinance an submitted by City Planner Hansel to be studied further and placed on the next agenda of July. 12th. ITEM 7. PUBLIC DISCUSSIO14 PERIOD Chairman Martin asked if the Board wanted to select their Chairman and Vice- Chairman for the coming year or wait until the next meeting. It was decided to select them at thin meeting. Mr. Van. Wagner made a motion that Frank Martin be nominated Chairman for the next year. Mr. Martin made a motion that Mr. Burkett be nominated Chairman for the next year. Mr. DeVeau made a motion that nominations cease, seconded by Mr. Martin. Vote of Board for Chairman was: For Prank Martin -- Mr. Van Wagner and Mr. Burkett REGULAR MEETING ZONING & PLANNING BOARD JUNE 28, 1972 PAGE FOUR For Tom Burkett Mr. Martin, Mr. Allen and Mr. DeVeau. By majority of vote, of Board, Mr. Burkett Is the Chairman for the coming year. • Mr. Martin made a motion to nominate.Mr.Russell DeVeau as Vice- Chairman. Mr. DeVeau declined the nomination. Mr. Allen made a motion to nominate Mr. Clifford Van Wagner as Vice - Chairman. Mr. Martin made a motion that nominations cease. Mr. DeVeau seconded Mr..Martirb motion. Mr. Van Wagner is the Vice- Chairman for the coming year. There being no further business to come before the Board, a motion was made by Mr. DeVeau, seconded by Mr. Van Wagner and by ® unanimous vote to adjourn the meeting at 11:10. Respectfully submitted, T' 'o&a;�� Franklin D. Martin, Chairman Zoning & Planning Board BUILDING PERMITS ISSUED FROM 19 'JUN`_ TO P8 •TUNF �7? PERMIT DATE NUMBER ISSUED OWNEft_/pDD�SS TYPE OF EST. PERMIT. CONST, COST FEE 1694 6/16/72 Cessna Propertles, Inc, Construct 40 unit $800,000.00 $1,603-00 550 Pierce Avenue condominium -6 storlesW /1st floor for parking 0,95 6/16/72 Thomas E. Johnston Add room to 270 Monroe Avenue residence $ 2,880.00 $ X00 1696 6/27/72 Lonnie Griffin Additional $ FSllmore Avenue footage $ 76.0) (See permit #1663) 1697 6/26/72 Jack Moline /Glenn Schoessow reation B Rec- $ 40,000.00 $ 12231 Cape Shores Blvd. reation Bldg, OAS PERMITS ISSUED..... SEWER PERMITS ISSUED.. " " " ' 0 1 ,,,,,,,, STREET EXCAVATION PERMITS ISSUED,,,,,,�� WELL PERMITS ISSUED,, .......... ............0 RESIDENTIAL PLANNED UNIT DEVELOPMENT• Pale 56 Council Addete: ® 60 ete: Council Add: Board ofAdjustment 61 Delete: Add: (7) ... 7: Review b Board of Ad ustment: recommendations of the Zoning pon rece v ng e Planning Doard, the Board of Adjustment shall and review, with due public notice, said recommenda- and either grant,'.' i. tions and preliminary application grant subject to conditions, or deny the preliminary application. i fit Delete: Council, in Section 8 Add: Board of Adjustment 65 Add: Approval, in 2(c) • Delete: 2(d) ... The Board of Adjustment shall review with due public notice, Add: the recommendations of the Zoning and Planning Bard and or deny the final either grant, grant subject to conditions, Delete: application. Council in 3(a) (b) (c) !- " Add: Board of Adjustment 67 Delete: Add: Section 1 Any lot within the boundaries of an RPUD upon which a shall single- family detached dwelling is to be located thousand (6,000) square have a minimum lot size of six feet. 69 Delete: Board B ardgofnAdjustment 70 Delete: Minimum Usable 0 en S ace.. "t n mum sable Open Space... Add: age i `i Co ) „) RESIDENTIAL PLANNED UNIT DEVELOPMENT Page '. 69 Starting with RPUO:Density rewrite the whole section: RPUD: Dens i�t Density of the RPUD shall be comouted in the form of dwellinq units per gross acre. Permitted density in RPUD may be in- creased to five (5) dwelling units per gross acre over and above the densities set forth in the schedule below: R -1 4.6 d.u. /ac. RPUD 9.6 d.u. /ac. R -2 15.0 d.u. /ac. RPUD 20.0 d.u. /ac. . R -3 25.0 d.u. /ac. RPUD 25.0 d.u. /ac. In cases where the RPUD special exception transcends more than one (1) zoning district, the total permitted density shall be computed as the sum of the permitted densities in each zoning district. 71 Add: (a) The procedure for review and approval of new mobile home parks shall be the same as for Residential Planned Unit Development. r• Change:; Site and Building Regulations from (a) to (b). 076 Change: Board of Adjustment to Building Official 76 Change: (b) to (c) 76 Add: At bottom of page, the following: The procedure for review and approval of expansion of '•! mobile home parks shall be the same as for Residential Planned Unit Development. 78 Delete: Subsequent to ... take effect. 56 -7 D�L�.TG: NO MOIN. -TWAN 7 TOWNUo�S.E� DER. <4¢c s f;, IF City of Cape Canaveral 105 ROLE •Y CANAVERAL. FLORIDA 12920 ___E 1.5 791.1109 PIP . REGULAR MEETING ZONING 6 PLANNING BOARD JULY 12, 1972 AGENDA CALL TO ORDER ROLL CALL REPORT FROM CITY COUNCILMAN REPORT FROM BUILDING OFFICIAL ® MINUTES OF MEETING OF JUNE 28, 1972 ITEM 1. WORKSHOP - REVIEW OF ZONING ORDINANCE 12 -71 ADJOURN. REGULAR MEETING ZONING & PLANNING BOARD JULY 12, 1972 The Regular Meeting of the Zoning & Planning Board of the City of Cape Canaveral, Florida was held at City Hall, 105 Polk ® Avenue on July 12, 1972. The meeting was called to order at 7:37 P.m. by Chairman Burkett. Present: Zon1n & Planning Board Members- Burkett, Martin, an agner 1 e7 n CiU Manager - Francis - u�ng icial - Hurck tCi y runner - Hansel .& Martha Swan, Brevard County Planning Department Approval of Minutes - Regular Meeting -June 28 1972 Motion was made by Mr. Van Wagner, seconded by Mr. Martin to approve the Minutes of the Regular Meeting of June 28, 1972,. as -sub- mitted. So moved. Councilman's Report Councilman Rhame was unable to attend the meeting. City Manager reported that Special Zoning Request #72 -9 (RPUD Cape Shorea) had been approved by City Council as recommended by the Zoning & Planning Board and that letter from Mr. Moline's attorney regarding road maintenance on east aide of property be rewritten and clarified. Building Official's Report Building permits issued June 29 - July 12, 1972 were discussed. Zoning Chairman's Report (Beard of Adjustment) Chairman Burkett reported that the Board of Adjustment met on July 11, 1972 at 7 :30 P.M. Mr. ,Gould'srequest for Special Exception to expand Mango Manor Trailer Park was unanimously approved, as re- commended by the Zoning Board. Board of Adjustment Workahopped its Rules and Procedure. ITEM 1. WORKSHOP - REVIE14 OF ZONING ORDINANCE 12 -71 Zoning Ordinance 12 -71 was reviewed by the Zoning & Planning Board and approved for recommendation, the attached report "Real- . dential Planned Unit Development." City Manager Francis was requested to coordinate a joint meeting of the Zoning & Planning Board and City Council for further discussion. * "Residential Planned Unit Development" report to be submitted by Board Member. Martin next week. REGULAR MEETING,.._ ZONING & PLANNING. BOARD JULY 12, 1972 PAGE 7490 ITEM NOT ON AGENDA - RECOMMENDATION - ZONING &'PLANNING BOARDBUDGET Motion was made by Mr. Martin, seconded by Mr. Van Wagner to .40 recommend the following budget figures for 1972/73: Printing ,& Publishing. $ 300.00` Travel, Conference .& Schools $ 600.00 Zoning Maps $ 800.00 Engineering 000.00 Master Plan 5,000.00 ..TOTAL' $7,700.00 So moved. Motion was made by Mr. Martin, seconded by Mr. Van Wagner and unanimously agreed to adjourn the meeting at 11:20 p.m. Respectfully submitted, Walter Tom Burkett,' Chairman Zoning & Planning Board REVISIONS TO: ZONING REGULATIONS - ORDINANCE NO. 12 -71 RESIDENTIAL PLANNED UNIT DEVELOPMENT Pane Line Action 56 6 Charge City Council to Board of Adjustment 60 10 Add 4.a The preliminary applI.UL{cation - - n Planshall be ddeliveredptooeachememberoofethe Zoning and Planning Board not less than five (5) days before said scheduled meeting 60 16 Change 4.d Five (5) to ten (10) 60 24 Change 5. City Council to Board of Adjustment 61 23 Chance 7, City Council to Board of Adjustr..ent 61 24 Change �` the Council shall its ne regularly scnee uled meeting review 62 to The board of Adjustment shall review, with due public ntc] 2 Chance B. Cuncil to Board of Adjustment 65 6 Add 2.a The final application - - C Of the Final Development Plan shallnbe delivered to each member of the Zoning and Planning Board not less than five (5) days before said sched- uled meetinc 65 9 Add 2.c - - - recommend the approval, [approval subject to conditions, 65 16 Delete 2.d [The Council - - - applicatio] Add 2.d [The Board of Adjustment shall review the recormendations of the Zoning and Planning Board and either grant, grant subject to conditions, or deny the final application. 65 21 Change 3.a Councill to Board of Adjustment 65 28 Change 3.a Council to Board of Adjustment 66 8 Change 3.b Council to (Board of Adjustment Page Line Action 66 17 Delete - - duly recorded, and a certificate of com letion is issued pursuant to Mien 5 of this Ordinance 66 21 Delete FT—he Building - - - PIaD Add Fhe Building Official shall isue no certificate of occupancy until all pertinent utilities have been accepted for any or all portions of the project b the City in accordance with the Final Development Plan ® 67 19 Delete DELETE ENTIRE SECTION 1 Pmte C Minimum Lot Size for Single Family Detached • - Res ences - Add Any lot within the boundaries of an RPUD upon which a single - family detached dwelling is to be located shall have a minimum lot size of six thousand (6,000) square feet 69 10 Change Zoning and Planning Doard to Board of Adjustment 69 22+ Add C Minimum Usable Open Space: In no instance shall the total amount'of usable open space within the Planned Unit Development be less than 25 percent of the gross acreage of the Planned Unit Development. 69 23 Delete DELETE ENTIRE SECTION ADD C UD: Density Density of the RPUD shall be computed in the form of dwelling units per gross acre. Permitted density in RPUD are as set forth in the schedule below:. . Basic RPUD R -1 4.3 d.u. /ac. 7 d.u. /ac. R -2 20 d.u. /ac. 25 d.u. /ac. R -3 20 d.u. /ac. ^_ 25 d.u,/ac._ In cases where a Residential Planned Unit Development thetmaximumthe following encompasses in computing density for the entire R.P.U.D.: 1. Determine the number of acres of the R.P.M. which are situated in each of the zoning districts. ). 2. Multiply the acres in each zoning district by the permitted density in each district. 3. Add-the figures from Step 2 to get the tot number of units permissible for the entire R.P.U.D. Pace Line Action 71 10+ Add 2. (a) The procedure for review and approval of new mobile home parks shall be the same as `or the Residential Planned Unit Develop- menE 71 11 Change 2. La]) to !(b)j 76 6 Change 2. Board of AdjustmeJ to Building Official 76 8 Change C(b� to ;`(c)l 76 15 Change Board of Adjustment) to j Building Official) 76 19 Add [:The procedure for review and approval of expansion of Mobile Home Parks shall be thg same as for Resi- dential Planned Unit development 77 1 Change Dc )l to 77 6 Change [(d J) to (eJ 78 12 Chtnge F( ') l to — 78 26 Delete Subsequent to the - - - take effecE 113 3 Change Five members of the City Council to Five members appointed by the City Council, 121 it Change I Three to L Four' 121 17 Add `Reference: Florida State Statute 176.15 122 2 Delete DELETE ENTIRE SECTION 2 Add Ly person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the governing body of said municipality, may present to a circuit court a petition for issuance of a Flrit of Certiorari, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality in the manner and within the time provided by the Florida Appellate rule LC PCPC ;iCC., FLD2�DA STATC. ;TATUTC Ii6.�L 26 13 Change Twenty -Five (25) to [T:wenty (20) 27 9 Delete 3(f) Permitted uses - - - in heigh� Add 3(f)Cesidential Planned Unit Development excluding mobfTe home parks as set forth in Section VIII(1) and including detached or ttached dwelling units or any combination there oof� 27 23 Change 5. Multiple Family Maximum Height [40 ft. except•as provided under special . except o] to 45 f:t] 29 4 Change High Density to l4edium Density 29 6 Change an intense degree to C controlled degree 29 7 Delete Some non - residential uses to serve high density residential uses are also allowiE 29 7 Add Gigher density figures will be permitted for hotel / motel development as set forth in the schedule of regulations listed below 29 11 Delete I(b) Ooarding (louse, Lodging House, Guest or Tourist Hom] 29: 13 Change 1(b) Forty (40) - - - residential acr to or fortyy( 40)) dwellinggunitssforrhotelsp and fmotels per net residential acre; (li Y duly 26, 1972 REVISION T TO: ZONING REGULATIONS - O ORDI(IANCE NO. 12 -71 PART II ® Page Line Action 24 19 D Delete 3 3(g) Residential Planned - - - Section VIII(1� Add 3 3(g) 1C7esidential Planned Unit Development consisting accessory structures as d Page Line Action 30 18 Delete 3(e) [Uses exceeding 40 feet in height 30 19 Delete ,3(f) Uses exceedin 40 dwelling units per net residential acr e. 30 18 Add 3(e) Lesidential Planned Unit Development, excluding mobile home parks as set forth in Section VIII(1) and including detached or attached dwelling units ® or any combination thereo-f-I 31 11 Delete 5. Residential and Offices - Minimum Lot Area and in addition, the ratio of ross floor area to lot area shall not exceed 0.5:10 31 9 Change S. Residential and Offices - Maximum Lot Coverage 40%D to L2 5E 31 9 Change 5. Residential and Offices - Minimum Living or Floor rea [Same as R -2D to Single Family: 1050 sq.ft. /D.U. Two Family: 850 sq.ft. /D.U. Multiple Family: 1 BR - 850 sq.ft. /D,U. 2 BR- 1050 sq.ft. D.U. Plus 200 sq. ft. for ea. additional B . 31 9 Change 5. Residential and Offices - Maximum Height f6ej to L45 fee 31 22 Change 5. Churches. Hospital and the Like - Maximum Lot . Coverage L5 %:] to L5 %D 31 22 Change 5. Churches, Hospital, and the Like - Maximum Height'. Cione�] to 5 feet 31 23 Add New Category f-Hotels, Motels and the Like Minimum Lot Area: 12,000 sq. ft. Minimum Lot Width: 100 ft. Minimum Lot Depth: 100 ft. Maximum Lot Coverage: 40% Minimum Living or Floor Area: 400 sq.ft. /D.U. Maximum Height: 45 feet] Cz) Page Line Action 32 2g Add New Category 10tel, Motel and the Like 32 30 Add (Same as Residential and Offices ® Q. Breeze Reg u_ ir` ement 25: of the North /South dimension of the property shall be open to the breeze in an East /West direction. may include required 32 31 Add setbacks This C• Maximum Len th of an Building in a North South react on 32 32 185 fee Add �• Landscaping Requires ten (10) feet landscahped buffer adjacent street 32 33 Add adjacent to any abutting C• Minimum 0 en Space Area Requirement total Luildingtosbe included a, jive setback, area.occupled 331 by all building structures, parking area, roads and drives. Recreational areas may be included., ]6 DELETE 1(a) Dame as R -3, Add and in additio] ](a) F—Multiple family 37 IIA Add dwellings of two or more unit] T-0) Residential 88 10 Planned Unit De set forth in Section VIII(ldopment as Change 1.(c)(4) [r maneuvering incidentaE to maneu ing other than ingress /egress incidental 88 1] Change 102 8 Change l (c)(q) Cn any setback are to Landscaped B 137 26A buffer 3•(1) setback area to Fandscaped Add buffer �gA• Landsca a Buffer - that portion of the building set ac a Ong t e lot line, which is ten (10) feet wide adjacent to any street and two and one -half (2.5) feet wide adjacent to any abutting 10] C3) 1 Ift Page Line Action 140 32A Add F58A. Open Space Area - That area of the lot which is to be left open for free circulation of air. Not to be included as part of open space area: building setbacks, bluff -line setback, area occupied by all building structures, parking area, roads and drives. Recreational areas may be includeD. 146 21 Change 83. Townhouse - G one family . . . six (6) inches:] to Fee Dwelling, Multiple Family C4� may, y\ City of Cape Canaveral ,o,POLK.V . .,,o,o CiTYUI REGULAR MEETING ux wurna ZONING & PLANNING BOARD JULY 26, 1972 7:30 p.m. AGENDA CALL TO ORDER ROLL CALL WORK SE S ITEM 1. ITEM 2. ITEM 3• ITEM 4. ADJOURN !SION APPROVAL OF MINUTES- REGULAR MEETING -JULY 12, 1972 COUNCILMAN'S REPORT BUILDING OFFICIAL'S REPORT REVIEW OF .ZONING ORDINANCE 12 -71 (ZONING BOARD AND CITY COUNCIL) REGULAR MEETING ZONING & PLANNING BOARD JULY 26, 1972 The Regular Meeting of the Zoning &Planning Board of the City of Cape Canaveral, Florida was held at City Hall, 105, Polk ® Avenue on July 26, 1972. The meeting was called to order at 7:38 p.m. by Chairman Burkett. Present: Zonin & Planning Board Members - Allen, Burkett e eau,, ar n an an agner RLLL Manager - Francis Ci .v lanner - Hansel ITEM 1. APPROVAL OF MINUPES REGULAR MEETING - JULY 12, 1972 Motion was made by Mr. Van Wagner, seconded by Mr. Martin to Approve the Minutes of the Regular Meeting, July 12, 1972 as sub- mitted. So moved. ® ITEM 2. COUNCILMAN'S REPORT Councilman Rhame was on vacation and the Councilman's Report was given by City Manager Francis. Mr. Francis reported that a.Board of Adjustment meeting had been scheduled for August 4, 1972 at which time a public hearing would be held.relative to appeal by Franklyn P. Maclay of Building Official's decision regarding construction of Cape View Apartments damaged in tornado. Mr. Francis also reported that Florida Department of Natural Resources had requested all permits for construction on property fronting the Atlantic Coast shoreline be sent to them for approval prior to issuance by City. Resolution 72 -29 was adopted by Council which stipulated Building Official would be responsible for securing approval of said construction prior to issuance of .permit by City. ITEM 3. BUILDING OFFICIAL'S REPORT Building Official Hurck was unable to attend the meeting. Building Permits issued June 29 - July 26, 1972 were discussed. ITEM 4. REVIEW OF ZONING ORDINANCE 12 -71 (ZONING BOARD & CITY COUNCIL) Zoning Ordinance 12 -71 was reviewed by the Zoning Board. As aquorum of the City Council could not attend because of vacations or other commitments, a joint meeting will be scheduled for August. Date to he determined later. Motion was msdeby Mr. Allen, seconded by Mr. DeVeau to further discuss said ordinance at the joint meeting. Additional points of discussion titled "Zoning Ordinance" prepared REGULAR MEETING ZONING &PLANNING BOARD JULY 26, 1972 PAGE TWO by City Planner Hansel were discussed. Motion was made by Mr. Martin, seconded by Mr. DeVeau to submit said information to Council for study prior to Joint meeting. Mr. Martin agreed to compile the report to be submitted. There being no further business to come before the Board, motion was made'. by Mr. DeVeau, seconded by Mr. Martin . to adjourn the meeting at 10 :10 p.m. So moved.' Respectfully submitted, alaa?v S -a%r -.: Walter T. Burkett, Chairman. Zoning & Planning Board BUILDING PERMITS. ISSUED FROM 2q JUNE X72 TO 26 JULY 172 PERMIT DATE TYPE OF EST, PERMIT NUMBER ISSUED OWNER /ADDRESS CONST. COST FEE 1698 6/29/72 Susan Hearn Erect 61 Cypress $ 600.00 $ 5,00 246. Tyler Ave. Wall 1831 long 1699 6/30/72 Lynn Applegate Reconstruct Single $ 5,010.00 $15.00 1 ® 615 Washington Ave, Family Residence Tornado Damaged 1700 6/30/72 Frank C, Porter Erect Portable Sign N/A $30,00 (Roger Graefe,Leeaee) June & July 1701 7/6/72 E.R. Whitfield Storm Damage Repair $ 3,700.00 $18.50 607 Madison Ave, 1702 7/6/72 J. C. Green Storm Damage Repair $ 3,000,00 $11.00 521 Jefferson Ave. 1703 7/10/72. George 41olever Rebuild Screen $ 4,000.00 $11.00 349 Coral Drive Porch & House Repairs 04 7/10/72 C H.B,, Inc. Enclose Carports $ 300,00 $ 5,00 276 Polk Ave. 1705 7/11/72 Jack Moline /Glenn Erect 10 Unit $99,000,00 $480,50 Schoessow Condominium Cape Shores Blvd. 1706 7/12/72 Smysix, Inc. Paving Repair $ 3,878.50 $ 9.00 321 Johnson Ave. 1707 7/13/72 Roby I. Pugh Install Air- Condi- $ 3,000.00 $ 9,00 7603 Poinsett tioning & Driveway 1708 7/14/72 Daniel J. Keane Move Existing Else. $ N/A $ 1.50 226 Polk Ave, Service to another location 1709 7/18/72 Lynn H. Applegate Repair Elec. Service $ N/A $ 3,00 615 Washington Ave, 1710 7/25/72 Jack Moline /Glenn Erect 10 Unit $99,000,00 $480.50 Schoessow .Condominium Cape Shores Drive GASPERMITS ISSUED .......................0 SEWERPERMITS ISSUED .....................2 STREET EXCAVATION PERMITS ISSUED ......... I WELL PERMITS ISSUED ......................0 City of Cape Canaveral 105 POLI .IEIUE . C.PE CANAVEN.L. sLOHio. 32920 TELEPHONE 305 7031110 REGULAR MEETING Z014ING & PLANNING BOARD AUGUST 9, 1972 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL WORK SESSION It ITEM 1. APPROVAL OR MINUTES -JULY 26, 1972 ITEM 2. COUNCILMAN'S REPORT ITEM 3. BUILDING OFFICIAL'S REPORT ITEM 4. REVIEW OF ZONING ORDINANCE 12 -71 ITEM 5. DISCUSSION - MAPPED STREETS ACT ADJOURN ;- a Burkett, C nairmm, - Zoning & Planning Board REGULAR MEETING ZONING & PLANNING BOARD AUGUST 9, 1972 The Regular Meeting of the Zoning & Planning Board of the City of Cape, Canaveral, Florida was held at City Hall, 105 Polk Avenue on August 9, 1972. The meeting was called to order at 7 :35 p.m. by Chairman Burkett. Present: Zonin & Plannin Board Members - Allen, Burkett, Ogg 'ar n an an agner Councilman'- Rhame uiulllain�fficial - .Hurck' 'Y anner - lignsel ITEM 1. APPROVAL OF MINUTES - -JULY 26, 1972 - REGULAR MEETING Motion was made by Mr. Martin, seconded by Mr. DeVeau to Approve the Minutes of the Regular Meeting, July 26, 1972 as submitted. • So moved. ITEM 2. COUNCILMAN'S REPORT Councilman Rhame reported that ,a two - member Research and Develop -. ment Board had been appointed by Council for purpose or utilization of federal and state funds which might be available through grants for city projects. Minutes of the Board of Adjustment Meeting held on August k, 1972 were read by Chairman Burkett. Councilman Rhame commented on recent .action by the Board. ITEM 3. BUILDING OFFICIAL'S REPORT Permits issued July 27 - August 9, 1972 were discussed. Copy attached hereto. ITEM $. REVIEW OF ZONING ORDINANCE 12 -71 Further review and discussion was held regarding the Zoning Ordinance. Report submitted by Board Member Martin discussed further. Item to be placed on agenda of August 30th. ITEM 5. DISCUSSION - MAPPED STREETS ACT City Planner Hansel briefly explained the Mapped Streets Act and agreed to present a more extensive explanation to a joint meeting of the Zoning & Planning Board and City Council. Joint meeting date was not determined. REGULAR MEETING ZONING & PLANNING BOARD AUGUST 9, 1972 _ .PAGE TWO - There being . no further business to come before the Board, motion was made by Mr. DeVeau, seconded by Mr. Van Wagner to adjourn e the meeting at 11:00 p,m, Respectfully submitted, �r/CiGlc- c;eGZ-/, e-GS` Walter T. Burkett, Chairman Zoning &Planning Board PER4IT ". ua'rn. _ .. CONST. '22a rxsa. _ NUMBER ISSUED OWNER/ADDRESS 1711 7/26/72 Oeo. Wolever ,Change else service $ 225.00 $ 3.00 349 Coral Drive to 150 amps Al len Install 100 amp $ 200.00,$ 3.00 1712 7/31/72 103tIJustamere Rd. elee service 177.3 7/26/72 Martha Holloway Install 76 lineal $ 129.00 $ 2.50 7920 Ridgewood Ave. feet chain link fence - rear yd. 014 8/1/72 John W.,Middelveen Installation of $ 1,050.000$11e0Pee 217- 225'Jackson Ave. Paving - (Mariner Apts.) 1715. 8/1/72 Irving H. Dr er Increase Elec. $ 200.00 $ 3.00 354 Coral Drive ice to 150 amps $ 550.00 $ 5.00 epdIr 1716 8/1/72 E.R. Whitfield StormRDamage 607 Madison Ave. 1717 8/1/72 Howard Old At Install 100 amp 1717 100.00 $ 2.50 8509 N. Atlantic Ave. Installr e one 220 volt outlet �'08 8/7/72 Ted Logan Install 2111 $ 327.00 $ 5.00 . 413 I4ashington Ave. new chain link fence - -4, (total installed 350') 8/1/72 James H. Kidd Install three $ 125.00 $ 3.00' 1719 (Mr. Puckett - Lessee) 220 volt outlets 302 Madison Ave. $ 900.00 $15.00 1720 8/7/72 Canaveral office Ctr. 8 bile /8131 -72 (Coat of Sign) Brevard Eng. 8660 Astronaut Blvd. 1721 8:2/72 Mr. Mrs. Arthur Repair S $ 10,000.00 $23.00 Ongerth Tornado Damage ge 612 Jefferson Ave. to former condition 1722 8/4/72 Art Ot Install 25 ton $ 3,500.00$11.00 N. A 8115 N. Atlantic Ave. up 13 p 13 compressors 1723 8/3/72 Irving H. Propper Replace carport & $ 9,001.00 $23.00 354 Coral Drive repair Storm damage 17211 8/7/72 Leo Bernstein Mobile Sigh $ N/A $30.00 C & bt auto Parts - lessee June &.July 6976 N. Atlantic $ N/A $30.00 1725 8/7/72 it & W Publications Mobile Sign 1726 Climax Adult Book Store -July & August 7032 N. Atlantic Ave. 1727 8/7/72. Prank Porter Mobile Sign $ N/A $15.00 ® Oeo. Rest.-lessee August 6395 N. Atlantic Ave. 1728 B/B/72 Iris Arthur Paint SPR & Hang $ 895.00 $10.00 510 Jefferson Ave. D..,.-Install Elec tlworrk (Double Pee) BTU A /C 1729 8/9/72 Oceans Properties ,Ine.ncloseexisting " 750.00 $ 6.50 carport-add .515 PilLnore Ave. doo In re bedrood 1730 8/9/72 Victor Barlett Install masonite $ 53.00 $ 2.50 6103 N. Stegall-leosee Ave. &e panelad partitions 1731 8/9/72 Pranklyn P. Maclay &resat bldg, Celter 1 11,000.00 $ 5.00 630 Adams Avenue 12 trusses 0 ?.UAS PERMITS ISSUEDcT p R�CITYGF City of Cape Canaveral ioa roan eviceuc •vEneL. nonioAaxaxo tax 4—E SPECIAL MEETING CITY COUNCIL ZONING & 7LANNING BOARD AUGUST 23, 1972. 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL ® ITEM 1. REVIE1•1 & DISCUSSION — ORDINANCE 12 -71 ADJOURN SPECIAL MEETING CITY COUNCIL /ZONING & PLANNING BOARD AUGUST 23 1972 A Special Workshop Meeting of the City Council and Zoning & Planning Board was held at City Hall, 105 Polk Avenue on August 23, 1972. The meeting was called to order at 7 :32 and chaired by Council- man Rhame. Present: City 'Council - Mayor Firkins, Rhame, Rutkowski and Thurm Zoning & Planning Board Members - Burkett, Allen, DeVeau, ar in and Van Wagner City Manager - Franck Building official - Hurck Cit Manner - Hansel oar_ core arm - Grigsby Councilman Rhame stated if there were no objections by the • Council or Board Members, the meeting would be confined to the re- marks of the Council, Board Members and ex officio members and the meeting would be adjourned at 10:30. There were no objections. Part II consisting of four pages of proposed changes were dis- cussed and two of three pages of Part I were discussed, with those present marking their copy of the reports. Building Official Hurck submitted a copy for each member present and proceeded to read a report titled "Minority Report ". Considerable discussion followed. At 10:30 P.m., motion was .made and seconded to adjourn the meeting and meet on August 30th to further. discuss Bald proposed changes. Respectfully submitted, �n Walter T. Burkett, Chairman Zoning & Planning Board City of Cape Canaveral IOf IOLK v NUE • CA NAL. FLORIDA 03020 _LE PRONE 00! l...- REGULAR MEETING ZONING & PLANNING BOARD AUGUST 30, 1972 7:30 P.M. ' AGENDA CALL TO ORDER ROLL CALL Item 1. Discussion - VARIANCE TO SETBACK REQUIREMENT REAR YARD -F.L. Murphy, Petitioner Lot 14, Block 39, Avon -By- The -Sea S/D 408 Tyler Avenue - REQUEST # 72 -13 ® WORK SESSION Item 1. Recommendation - VARIANCE TO SETBACK REQUIREMENT REAR YARD - Request # 72 -13 Item 2. Review - ZONING ORDINANCE # 12 -71 W /CITY COUNCIL Item 3. Approval - MINUTES - REGULAR MEETING- AUGUST 9, ' Item 4. Report - Councilman Rhame Item 5• Report - Building Official Hurck Item 6. Public Discussion Period ADJOURN WAUTER T. Zoning Planning Board REaILAR MEETING ZONING & PLANNING BOARD AUGUST 30, 1972 The Regular Meeting of the Zoning & Planning Board of the City of Cape Canaveral, Florida wan held at City Hall, 105 Polk Avenue on O August 30, 1972. The meeting was called to order at 7:110 p.m. by Chairman Burkett. Present: Zonin & Planning Board Members - Allen, Burkett,. DeVau, Martin anu Van Wagner Councilman - Rhame City Ma eerr - Francis Building Orricial - Hurck City Planner - Hansel oarr�ary - Grigsby ITE14 1. DISCUSSION - VARIANCE TO SETBACK REQUIREMENT - REAR YARD Petitioner - Lot von -BV 'P e- ea ll - 1'V er venue Request if (2 -13 Chairman Burkett reviewed the application. Mr. F. L. Murphy, Agent for Grace Bible Church of Cape Canaveral, Inc. was not In attendance. A temporary car shelter was erected and attached to the rear of aforementioned church. Said shelter was extended 101 Into the 251 rear setback area and a permit had not been applied for nor obtained by Mr. Murphy prior to erection of the structure. WORK SHOP ITEM 1. RECOMMENDATION - VARIANCE TO SETBACK REQUIREMENT - REAR YARD Request # 72-13 (F. L. Murphy, Petitioner) Request #72 -13 was restated and discussion followed. Vote of the Board wan 5 - 0, Motion being made by Mr. Martin, seconded by Mr. DeVeau; to recommend to Board of Adjustment that said request be DISAPPROVED, philosophy being: 1) No hardship disclosed; 2) construction not compatable to surrounding area; 3) None of conditions governing Variances were satisfied. ITEM 2. REVIEI.1 W /CITY COU14CIL - ZONING ORDINANCE # 12 -71 Members of City Council present for joint discussion review of Zoning Ordinance #12 -71 were: Mayor Firkinn, Council Members Rhame, Rutkowski and Thurm. Councilman SalvaEgio was unable to attend due to a previous commitment Part I, Page 3 of the proposed changes to the Zoning Ordinance, as submitted at the Special Meeting held on August 23rd, was discussed, no major changes being suggested. Building Official Hurck gave those in attendance a copy a his report titled "Report Re: RPUD" and proceeded to read said report. Mr. • 0 REGULAR MEETING PAGE 0 ZONING &- AUGUST 30,L BOARD WO 1972NG Hurck also read a letter from John W. Hannah, Brevard County Develop- ment Administrator and commented on letter received from Mr. Earl Arminger,-- former Director of Planning for Titusville and now with Stottler Stagg & Associates an Director of Planning. Both letters and Mr. Nurek's report attached to original copy of minutes. Building official Hurck recommended that the zoning ordinance be changed so as to properly accommodate RPUD as it is intended to be and in accordance with all other RPUD zoning laws. Councilman Rhnme stated there were three choices relative to RPUD: Delete it entirely, Review each development on its own merit or put restrictions on it. After considerable discussion City Planner Hansel was asked to rework Part I and Part II of the proposed changes and submit same at the next special meeting scheduled for September 6th. Mr. Hansel was also requested to mail each Council member and each Board member a copy of the proposed County ordinance relative to Planned Unit Development. Those receiving a copy were asked to mark up their copy prior to meeting of September 6th.and discuss ordinance by section. Board Member Martin suggested the proposed changes be submitted to Council Work Shop, except the RPUD portion. After discussion, It was determined that the RPUD section could possibly be ready for work shop of Council on September 111th and all changes be Incorporated into the ordinance at the same time. Ordi- Councilman Rutkowski suggested that Page 103 of the Zoning nance relative to Visibility at Intersections be discussed at the meeting of September 6th. ITEM 3. APPROVAL - 14INUTES REGULAR MEETING - AUGUST 9 1972 Motion was made by Mr. Martin, seconded by Mr. Allen and unanimous vote to Approve the Minutes Of the Regular Meeting of August 9, 1972 as submitted. ITEM 4. REPORT - COUNCILMAN RRfj4r Councilman Rhnme stated he had nothing new to report since the last meeting of the Zoning Board. ITEM 5. REPORT - BUILDING OPPICIAL IIURCK Permits issued August 10 - 30, 1972 were discussed. Copy attached hereto. REGULAR MELTING ZONING & PLANNING BOARD AUGUST 30, 1972 PAGE THREE ITEM 6.. PUBLIC DISCUSSION PERIOD Mr. Jack Korenblit, Trend Realty stated he would like the Council • and Zoning Board to reconsider any action relative to changing the ordinance and leave the R -2 and R-3 area as stipulated in the zoning ordinance adopted in August, 1971: Mr. Roy Cowell, Brevard Engineering stated his firm was presently working on and had previously worked on the cluster -type housing units and offered his services and the services of his .firm at any time the Council and /or Planning Board would want to meet and further discuss PUD development. Chairman Rhame thanked Mr. Cowell for offering to render his services. AMr. James J. Mahoney, James J. Mahoney Real Estate; stated he would like to see the RPUD remain in the R-1 district, areduction of density in the H -2 area and height limit delted in R -2 and R -3 zones. Motion was made by Mr. DeVeau, seconded by Mr. Martin to adjourn the meeting at 10:110 p.m. Respectfully submitted, wztz�y r -,1GGL W. T. Burkett, Chairman Zoning & Planning Board REPORT RE: HPUD TO CITY COUNCIL FRO Ft ➢LiILDINO OFFTCTAL HU RCK CITY OP C PE CAiJAVER L AUUUbT G About two months ago the City Council requester) me as Building official to make an Interpratatt-jn of the zoning ordi- nance regarding the request of First Int:=rstate Development Corp. • for rezoning Of the area south of Harbor Heights Subdivision to RPUD, so that they might build what Is commonly known as "Cluster Housing" on this property of some thirty (30) acres Plus. As you know, they did present preliminary sketches of the pro- posed project which Indicated that homes would be built in groups of three (3) or four (4) with open spaces and community facilities such as awlmm.Ltg pools, recreation areas, tennis courts and the like. Apparently this particular type of community living ,is being accepted ® in many areas of the country In much the same fashion as the apart- ment house condominium, and in fact is practically the same: concept as the condomtniull %n,ly in smaller grouPing Ol' i�•)mes t!;at do not have the appearance Of tn,- apartment holle. On August 13th, there was quit, an article In line Orlando Sen- tinal an Sunday about rt pro Jec!. in Seminole !;Ouaty o!' "Cluster Homes" and the fact that they have W.m;e t:in• +LY (90)un1.t:. under construction and sixty -nine (09) alr.,ady sold and occupied. I reallzr the "Cluster Home" is a new concept in li- •using for this area and most people are reluctant. to accept new Suva❑ 'intll they have had er.Periencc with them themselves and elther like the Idea or net, but It appears to me that where it has teen trLed it has been well accepted by home purchasers because treY seem to like ti-,e community llvloe, Idea. Our zoning ordt: a'1ee, under the RPUD section, seams to sPell out what can be done in ,-a, -h ::one with RPUD. For instance, In tine fi -1 .,:�i! zone, without RPUD, tie requirements arc-, a lint nT �,� !11. :'t. whit a density e!' 4.3 units per acre, but ender It Pif.i It allows a 6,000 sq. ft, l,,t wit!. a d- :salty Of 13 un1Ls Par x'• A:' o. and look at the figures smiw it would b•: very d1t'Ileult tr " "V- "n- !'igures work. Tne n v. proposal wuul.i clunri° L!:,. ,.h- :::::1+ ; "L"]re t.•• seven (7) unite 1-1- r:: re but retains tine r:,:�. !'t. l"t anci allows only detached .•er,Ldcnccs. Ti'1e "sly O :.:plt. .•_d n. thirrr. REPORT RE: RPUD t TO CITY COUNCIL AUGUST 21, 1972 PAGE TWO and that Is the deterioration of the R -1 area by crowding in more lots and more people on the same old "Ccokle CuttNr" lot pattern. Since our zoning ordinance says that tte Building Official eshall Interpret the ordinance and the Council requested me to do so In the case Of First Interstate Development Corp„ I have read three (3) separate books concerning this subject, One of which in an Interpretation of RPUD and a model ordinance, offered by the U.S. Authority on Federal Housing, Another was written by J, S, Krasnowleckl, who seems to be the originator and lather of RPUD. Another is law of court cases where the RPUD cone =pt has been tested in court, All Of these books Ind],-ate one partlaular fact and that is that an application for RPUD Is an application for rezoning; and O that the existing zoning no longer applies once the property is re- zoned to RPUD. However, the applicant in his application for re zoning, to RPUD must indicate by plot plan, layouts and specll'ications exactly the intended use 01' the property. The Councll, aftar review by the Zoning & Planning Board and Public hearing, decides whether or not the plan is acceptable and the Council niaks the dnclslon whether to 1 -2zOne tO RPUD. I have also received two letters, onw from Mr. John W. Hannah, Brevard County Development Administrator and ,:ne £tort; t•; r. Earl Armiger, Presently with Brevard Engincering Company, but who, fir tyre„ years was the City Planner for the City Of TStusvllle and set. up their RPUD zoning ordinance. Both c:' these letters re, tc rate the fact that RPUD is a change of zoning and that any oti:er zoning that previously ex- tsted no longer afr'ect1; the property In gncstion, In the case of, First Interstate Development corp.. tiu,r.,, is only one zone invol%. -d, H -11 however there wa:. arv,c ;ter.• ,;f pr.,DPe rty recently purcras•.d by other developers, o:' •_vc -r trv•:•nty (20) act,,, S that Involve force different zon• -a, namely, !i -3, C -1 and M -3 a:,d In M -3, realdential in not allowed but pt• "P.. r.t :' •'a r.ca the ocean. an,: I vather tma3lne they 1:111 ',at O, nidentlal, TEPORT.HE. RPUD 210UNCIL August 1972 Purthermore, this is the PAGE THREE generation and the emphasis deY and ate- op youth and S_ The Probl,, is the growing demand 01'th c and what's.wr°ngrw thnBer Of the Older igenr Most governmental te,,tro irrg 'vouthPul eeneratio at n. Youthful have ,ever tried Proposals f anY ping that,, n1ew and d d '�� ' %' to lveh the hands Therefore, it (_rent because they repo 1a the our Building zoning 30 OfPielal� as ]t " intended to be o';anged so as to Properly aimendation that ing laws and to acsordarrce mm�RpU, RYUp be and to give ic., 1 with all of HP LI'n- • First Interstate pie, rrr c.n:;.der•at '?4tu her UP aer teloPmegt Corp, t�'' PropOsa] o!` the 130ARID I 0F Count Development i Y d-iniStlator P 0 Ix 1496 Tituivjolle, Florida 32780 July 31, 1972 Mr, Jack Hurck, Building official City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Fr Dear Mr. Hurck: I have been informed by Mr. Lynn R. Hansel that the City of Cape Canaveral has received and is currently reviewing a special exception request for a residential planned Unit development to be located Just south of Harbor Heights Subdivision. I also understand that the concept bein utilized In the RPUD includes single-family attached residentiag l units. Mr. Hansel has indicated that a question has arisen within the City government regarding the intenThe t of RPUD as set forth in question apparently arises Ordinance 12-71, Section VIII (1) in in that there is some contention ih at an RPUD mi a currently I y detached units. zoned R-I district should only allow singl e-fa As you are aware, Cape Canaveral participates in the Brevard County Local Assistance Program and has done so since 1967. In 1968, Mr. James Zimmerman of the County Planning Department worked with the city Council and Zoning and Planning Board in drafting the new zoning ordinance. Before the RPUD section was reviewed by staff personnel, Mr. Zimmerman researched and reviewed the RPUD theory and concept for several month S. Through a staff review, of which I was a part, it was the collective professional opinion that when introducing a new and FLORIDA SPACE COAST Mr. Jack Hurck July 31, 1972 Page Two innovative development concept to the municipalities and County the PUD notion should initially be started and advanced on a strictly residential basis. However, in order to encourage and achieve innovative development it is imperative to offer developers certain flexibility in both design concepts and ® residential mixtures. in all cases of RPUD our department has encouraged structural and density mixes. Our staff experiences indicate that in other areas of the United States, residential mixes can be achieved and still protect and even enhance existing developments. There is no doubt in my mind that the intent of the RPUD. zone in the Cape Canaveral Zoning Ordinance was to allow the mix of single - family homes, both the attached and detached forms. i also believe this was meant to apply in any zore on which the RPUD concept was to be overlaid. To further encourage innovation, the mixing of all types of single - family uses with multi - family, open space and other associated uses was intended to be allowed. Without the flexibility that was intentionally built into the RPUD, the zone would produce just another stereotyped collection of housing units and development designs. In the application before the City, I feel that a decision not to allow attached single - family units would be to ignore the purpose and intent of the RPUD as it was originally developed and recommended to the City through the County's Local Assistance Planning Program. Please understand that the above comments are offered only because I was apart o'' the original process through which. the City's RPUD was developed. If I can offer you any additional information or have my staff help in any way, Dlease give re a call. q orely nce hn W'. Hannah Development Administrator H/a ` ti'1•U'CI'Llig F'I'. \f:U R . \tit ll a.V1'i{S Itlt A III I•: \GInV,laSxla x�'^., CO.e w`.r, r �omm� xcno asrnovau� nouccvnnu onom .� uo e�.v or enoc eaNavennc..r nr,oea pox -.+x,. i, r Ju`•v 11, 1972 Mr. Jack Hurck Duildinar""C"I �?,.`�ral City of P F1 HC da 32931 Cape Canaveral, Dear Wr. Hurck: Florida, and as a matt proceedings in As former Director of Planning for Tdevelo n ed ro comment Canaveral consultant involved in planned unit develop 0s of the Cape numerous areas of the country. I ;lave been som ^_ cnnfusio 9dsi�h the In residential planned unit devaoparant,provis I w category. Zoning ordinance. There is aoParzntly dousing is zoning s ngle family or not attached and munned mi Y oration of the residential ')lanned communi -y in a In Titusville. We thoroughly researched this question fn prep he Planning and Zoning Commission of the city's planned unit develoQmett ordinance. it was conclude Of planned uni�edevelop by our staff, and subsequently by n r pas Iithin a sing and City Council. .,,at one of the purposes ° p attached housing ions of site design' provided matt is t° allow properecondithousfng family zoning The site was four roariate use in single overr.inq body. was found to he an aPP the 9 h special that site Plat r.v10w v�mostxfretuzntly Permitted through judged on PI review procedure, rovides for each nr000sais permitted so ex requirements. P ached no using its own merits. In other words attached and similar problems are Ion as adequate buffering, open spaces, consideration of effects on surrounding areas, traffic circulaCit11e governing 9oard. thoroughly reyie+/ed and approved by My graduate training in urban plannlordinancesetotallowethe� creation kind Of flexibility in local zoning As a consultant for the red encironments. ment ordinances of better ,planned and des ex planned unit develop land, Pennsylvania and IllinoisaWe��in9�h past three years. I have exoerfenced p and multi- famithe developer in Florida, Virginia, 0arY allowing I permitted uses in single family zones, in design- of these areas ( found attached housing to be Q nrovide flexibility to construct amenities and Mr. Jack Hurck -2- duly 11, 1972 I have examined the provisions of Ordinance 12.71 :.f the City of Cape Canaveral,. and it is riy opinion that under St, ction VII relating to R -1 single famil; drel1inn district and Section VIII, Residential olanned unit. dove Iopment, the project in the City of Cape Canaveral proposed to be con, tructed by Ist Interstate Devel :;iment Corporation is allowed if the soeciil exception for such proi-ct is granted by the Board of Adjustment. ® If you wish, I -- :could be harpy to provide you with further information con cernino the purposes and advantages ofplannedunit development and the manner ir, which this type of development is handled in other areas. Sincerely yours, STOTTLER, STAGG S ASSOCIATES Earl Armiger, Al,, SDirector of Plannn9 EA:jo BUILDING PERMITS ISSUED FROM 10 AUGUST '72 TO 30 AUGUST 172 ' PERMIT DATE NUMBER ISSUED OWNER/ADDRESS TYPE OF EST. PER CONST• OST FEE 1732 8/11/72 Leo Bernstein Erect Portable Sign $ N/A $ 15.0 6976 N. Atlantic Ave Month of August (C & 14 Auto Parts) 8/14/72 Arthur Ongerth Erect cover for 8115 N. Atlantic Ave compressors.(IGA) $ 200.00 $ 2.51 W 1734 8/17/72 Harry Schramm Instan Central A/C .515 Fillmore Ave 2'' Ton $ 850.00 $ 2,0� 1735 8/17/72 F, R, Bellingham Replace Carport -Paint $2,500.00 $ g,ot ;346 Coral Drive Exterior -Paint 2 In- terior Rooms 1736 8/18/72 Ernest Quesinberry Replace Carport -Paint $ 4,042.6 341 Coral Drive Interior & Exterior 5 $ 13.00 S.F.R. 1737 8/18/72 Mr. & Mrs, Wm, Alklre Repair S.F.R. to $14,000,00 $ 33.00 342 Coral Drive pre - tornado condition ® replace & repair else. & plumbing 1738 8/21/72 Daw Ken Invest. Corp. Portable Sign -Sept. $ N/A 7032 N. Atlantic Ave, $ 15.00 1739 8/21/72 Texaco, Inc, 6910 N. Atlantic Ave, Portable Sign -Aug, $ N/A $ 15,00 1740 8/22/72 Dan Del Pavers Enclose 91x7' garage $ 1,000,00 $ 5,00 124 Harrison Ave. door w /concrete blk. Install A /C- Install paneling & acoustical tile ceiling -place 14,x14, concrete pad 1741 8/24/72 George Megualr Install 2 A/C units 256 Polk Ave, (1 -two ton w /duct work $ 1,000,00 $ 5,00 1- 18,000 btu window unit 1742 8/25/72 Jack Moline /Glenn Erect 10 unit condom. $99,000,00 $ 480.50 Schoessow Bldg. #11 11 Cape Shores Blvd. 1744 8/29/72 oceana Properties Construct 48 Unit $7 } ! 555 Fillmore Ave, Condominium -6 story 8'800.00 $ ?690,40 1745 8/29/72 J.C. Green Storm Damage S.F.R. 521 Jefferson Ave. Electric damage $ 500.00 $ 5,0 Sewer Permits Issued ...... 1 Street Excavation Permits Issued ...... 2 Gas Permits Issued ........ 0 Well Permits Issued ...................I (Double Fed "Rr VLM SPECIAL MEETING CITY COUNCIL /ZONING & PLANN324G BOARD SEPTEMBER 6 1972 7:30 P. M. AGENDA CALL TO ORDER ROLL CALL WORK SHOP .ITEM 1. REVIEN - ZONING ORDINANCE 12 -71 ADJOURN Zoning & Planning Board SPECIAL 14EETING CITY COUNCIL /ZONING & PLANNING BOARD SEPTEMBER 6, 1972 A Special Workshop Meeting of the City Council and Zoning & Planning Board was held at City Hall, 105 Polk Avenue on September • 6, 1972• The meeting was called to order at 7:40 p.m. by Zoning & Planning Board Chairman Burkett. Present: City Council.- Mayor Firkina, Rhame, Rutkowski and Thurm Zoning & Planning Board - Burkett, Allen, Van Wagner and Idartin City Manager - Francis' Building icial- Hurck 13oara Secretary - Grigsby Councilman Salvaggio, Planning Board Member DeVeau and City 'Planner Hansel were out oftown and unable to attend the meeting. • The Minutes of the Regular Meeting, August 30, 1972, were approved as read, motion being made by Mr. Martin, seconded by Mr. Van Wagner. Councilman Rhame chaired the remaining portion of the meeting. ITEM 1. REVIEW - ZONING ORDINANCE 12 -71 An Information and Commentary Report dated August 31, 1972 had been mailed to each member present by City Planner Hansel, along with the County PUD.Ordinance for review prior to the meeting. As suggested by Councilman Rutkowski at the meeting of August 30th, page 103, Item 5, Visibility at Intersections wan discussed. Recommendation was to change the 50 foot figure to 25 feet. Definition of "landscaping" was established and will be incor- porated Into the proposed changes. After considerable discussion, the Board Secretary was asked to compile all the proposed changes as suggested at the meetings of August 23rd, August 30th and September 6th and mail or have delivered to the Board. Members prior to the meeting of September 13th. Said changes will be finalized at the meeting of the 13th and hopefully submitted. to City Council for final review and recommendation. James J. Mahoney, Real Estate Broker stated he felt the proposed changes were too restrictive and ask those present to reconsider said changes. SPECIAL MEETING CITY COUNCIL /ZONING & PLANNING BOARD SEPTEMBER 6, 1972 PAGE TWO Hal Simms commented that he couldn't understand the urgency to making the changes and that the people attending the public hearings should have a changb to speak and not be limited to three or rive minutes. He suggested perhaps the City should hire an expert and give due consideration to the developers. - Councilman Rhame stated that at the public hearing everyone will have the opportunity to be heard, that the zoning ordinance contained conflicting statements and should be changed as rapidly as reasonably possible and without delay. Board Member Martin stated the Zoning & Planning Board had been reviewing and working on the proposed changes for several months and felt there was an urgency to submit the proposed changes. The of opinion /the Board was to review the County PUD ordinance in the near future and retain the good points from said ordinance but to schedule a public hearing on the proposed changes at soon as possible in order to make the present ordinance more workable. There being no further discussion items, motion was made by Mr. Martin, seconded by Mr. Van Wagner to adjourn the meeting at 10:15 P.m.. Respectfully submitted, /,(/au`cI 5-11-icc JX'tZ7. Walter T. Burkett, Chairman Zoning & Planning Board 8/31/72 INFORMATION AND CUiMENTARY PER REQUEST OF JOINT MEETING: CAPE CANAVERAL CITY COUNCIL AND ZONING AND PLANNING BOARD Ifi Submitted by: Lynn R. Hansel, City Planner 1 31 -9 The recommended 25Y�m ximum lot coverage would`l,ikely be ruled arPtr ry, capriciou con fiscator,yy, etc. I I question the phi) 3ophy, partis4larly in light \of the recommended i oped space requir ents. 31 -22 Same_a"1 -9: j 31 -23 Discussion with architects, review of other zoning ordinances Ii and inspection of a few building permits indicate living areas range from approximately 300 -400 square feet with most sizes `� falling between 320 and 360 square feet. 32 -33 Minimum Open Space Requirement A minimum of 1Y; of the total area of the development shall be designated as common open space. Areas which are not,to be in- c luded.,o the calculation of open space area include building _��•" h;�- setbacks parking areas, road$, drives, and non residential structures. Th west 25 feet of -the bluff line setback may be -4u used in calculation-of open space area. Definition: Landscaping: The arrangement or modification of the effects of f natura scenery over a tract of land for aesthetic effect. L Swimming pools may be at n�-enere � dg qty are- constdered-an acceptable- component -in- making- calculations- for- connon- open spare. i 11 8/25/72 4.20 Planned Unit Development (PUD) , 4.20 A - Definitions: For the purpose of this section, certain words and terms used herein shall be defined as follows: Words used in the present tense shall include the future tense; words used in the singular number shall include the plural number, and words used in the plural number shall include the Ssingular number; and the word "shall" is mandatory, not directive. The word "person" includes any individual, group of persons, firm, corporation, association, organization, and any legal public entity. 1. Planned unit development or PUD: "Planned unit development or PUD" is an area of land developed as a single entity, or in approved stages in conformity with a final development plan by a developer or group of developers acting jointly, which is totally planned to provide for a variety of residential and compatible uses and common open space. 2. Common open space: "Common open space" is a parcel or parcels of land, or a combination of land and water within the site designated as a planned unit development, and designed and intended for the use or enjoyment of residents ® of the planned unit development. All common open ;pace shall be improved to the extent necessary to complement the residential uses and may contain compatible and com- plimentary structures for the benefit and enjoyment of the residents of the planned unit development. 3. Develoent plan: A "development plan" is the total site plan of f a planned unit development drawn in conformity with the requirements of this section. Said development plan shall specify and clearly illustrate the location, relation- ship, design, nature and character of all primary and secondary uses, public and private easements, structures, parking areas, public and private roads, and common open space. 4. Preliminary development plan: "Preliminary developnent plan" Ts—tTie dove opment pan approved by the Board of County Commissioners of Brevard County and filed with approval by the County of a planned unit development zone. 5. Final development plan: "Final development plan" is the development plan approved by the Board of County Co- mission- ers of Brevard County and recorded with the Clerk of the Circuit Court of Brevard County aecordina to the provisions of this *chapter. 2. 6. PreliIminary development tan a lication: "Preliminary eve opined 1 nt plan app cation is tie application for approval of the use of a site as a planned unit development and for approval of the required exhibits as specified in in this chapter. 7. Final develo ment lan a lication: "Final development p an app cation s t e app cation for approval of the final development plan and for approval of the required exhibits as specified in this chapter. 8. Develeper: A "developer" is any person, firm, association, syndicate, partnership or corporation, who owns land which is developed into a planned unit development and who'is actually involved in the construction and creation of a planned unit development. 9. State: A "stage" is a specified portion of the planned unit development that may be developed as an independent entity that is delineated in the preliminary development plan and the final development plan, and specified within the development schedule. 10. Site: "Site" is the actual physical area to be developed as a planned unit development, including the natural and created characteristics of said area. ® 11. Develo ment sche: "Development schedule" is a comprc- hensive statements dule Rowing the type and extent of development to be completed within the various practicable time limits and the order in which development is to be undertaken. A development schedule shall contain an exact description of the specific buildings, facilities, common open space, and other improvements to be developed at the end of each time period. 4.20 8 - Purpose and Intent: The planned unit development is a concept which encourages and permits variation in residential developments by allowing devia- tion in lot size, bulk or type of dwellings, density, lot coverage, and open space from that required in any one residen- tial land use classification under the Zoning Regulations of Brevard County. The purpose of a planned unit development is to encourage the development of planned residential neighbor- hoods and communities that provide a full range of residence types as well as commercial uses designed to serve the inhabi- tants of the planned unit development. It is recognized that only through ingenuity, imagination and flexibility can residential developments be produced which are in keeping with the intent of this section while departing from the strict application of conventional use and dimension renuirements of other zoning 'districts and subdivision regulations. This section is intended to establish procedures and for planned unit developments within the unincorporated areas of Brevard Lounty, in order that the fo rowI ob standards be attained: 0 Jectives may 1• Accumulation of large areas of usable open spaces for recreation and preservation of natural emenities. 2• Flexibility in design to take the greatest advanta natural land, trees, historical, and other features. 3 s. of Creation of a variety of housing types and compatible neighborhood arrangements that give the home buyer choice in selecting buyer greater 9 types of environment and living 4• Allowance of sufficient freedom for g units. a creative approach to the use of the developer to development, as well as utilizin land and related take enhance the visual character of Brevard County, physical 9 innovative techniques to S• Efficient use of land which may result in smaller street and utility networks and reduce develop:ent costs. 6• Establishment of criteria for the inclusion of associated uses to complement the residential areas within the planned unit development, compatible 7 proposedcdevelopoents dure for ohtaintn a County of proposed land through simultaneous reviewrbval of setback considerations, use, site consideration, y the health and safety factorsublic needs and requirements, and B• Economical and efficient use of , and streets with resulting lower utilities housin land 4.20 C - Permitted Uses: 0 costs. Uses permitted in the planned unit develo shall be limited to the following: pment may include and l• p,r ar residential uses• family resident {al — d,,i_j Single family detached and mult { - semi- detached, attached, and multi - stoned structures. g apartments) in 2• secondary non - residential uses: Non- residential uses of a rejig u�o s, publ {c or semi - or commercial character and cultural Offices and personal serviCercenters, residents Ofp the ePlanned unetedeveloviding servi�cessto residential uses shall 6e compatible meth and the primary residential use. Said non - No building devoted Co Primarily to a commercial use shall be built or established prior to the primary residential buildings or uses it is designed or intended to serve. 3. Hotels motels and restaurants: Hotels., motels and res- taurants may be and upon a consideration of the following criteria: ® a. The site of the planned unit development shall contain a minimum of twenty (20) acres. b. The total acreage used for said hotel, motel and res- taurant, including necessary parking, support buildings, grounds and appurtenants shall not be considered common totalsacreage dpercentage ipemittediunderithisasection for commerical uses. c. The proposed streets and traffic flow and the streets, thoroughfares and traffic plan in the area adjacent to the site plan shall be adequate to support the anticipated traffic to be generated by the proposed i,otel, motel and restaurant. ® d. Said proposed hotel, motel and restaurant use is com- patible with the proposed primary residential uses, secondary non - residential uses, and common open space within the planned unit development. e. Said proposed hotel, motel and restaurant use is com- patible with the existing l the surrounding vicinity. and use classifications in f. The area of said use shall be calculated as part of the 8evegtotal commercial acreage pemitted, and the density shall not tomenunotanper gross acre as per area delineated on the 4.20 0 - Unified Ownership or Control: The title to all land within a proposed site for a planned unit development shall be owned or controlled by the developer sub- mitting the applications provided for under term "controlled by" shall be interpreted to mean this section. The that said Property e written y within theproposedsitecnotewhoOf all Ownerstof developer. Said consent shall contain a statement that said developer is authorized to represent said Owners in the sub- mission of an application under the provisions of this section and that said owners shall agree to be bound by the decision of the Hoard of County Commissioners in the event said applica- tion is approved. s • 4.20 E - Common Open Space: 1. All common open space shall be preserved for its intended purpose as expressed in the final development plan. The developer shall choose one or a combination of the follow-i ing three (3) methods of administering common open space: a. Public dedication to the County of the common open space. This method is subject to formal acceptance by the County in its sole discretion. b. Establishment of an association or non- profit corpor- ation of all individuals or corporations owning property within the planned unit development to insure the maintenance of all common open space. i c. Retention of ownership, control and maintenance of all common open space by the developer. 2. All privately owned common open space shall continue to conform to its intended use and remain as expressed in the final development plan through the inclu,ion in all deeds of appropriate restrictions to insure that the common open space is permanently preserved according to the final development plan. Said deed restrictions shall run with the land and be for the benefit of present as well as future property owners and shall contain a prohibition against partition. 3. All common open space as well as public and recreational facilities, shall be specifically included in the develop - ment schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the con- struction of residential structures. 4. If the developer elects to administer common open space through an association or non - profit corporation, said organization shall conform to the following requirements: a. The developer must establish the association or non- , profit corporation prior to the sale of any lots. b. Membership in the association or non - profit corporation shall be mandatory for all residential property owners within the planned unit development and said associa- tion or corporation shall not discriminate in its members or shareholders. c. The association or non - profit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, shall provide for the maintenance, . administration and onora - j tion of said land and any other land within the planned unit development not publicly or orivately owned, and shall secure adequate liability insurance on the land. d. If the developer elects an association or non - profit corporation as a method of administering common open space, the title to all residential property owners shall include an undivided fee simple estate in all common open space. 4.20 F - Land Use Regulations: 1. Minimum size: Ten (10) acres. ® Minimum size with commercial uses: There shall be at least twenty (20) acres and at least two hundred (200) dwelling units of primary residential use. 2. Maximum density: The average density permitted in each PUD shall be established by the Board of County Commissioners, upon recommendation of the Planning and Zoning Board. The criteria for establishing an average density includes existing zoning, adequacy of existing and proposed public facilities and services, site characteristics, and the recommended density of any land use plan involving the area in question. In no case shall maximum density permitted exceed ten (10) dwelling units per acre and in no case shall the overall number of dwelling units permitted in the PUD be inordinately allocated to any particular portion of the total site area. 3. Minimum common recreation and open space: Twenty -five per cent (25a) of gross site acreage. "Common recreation and open space" shall be defined as the total amount of improved usable area, including outdoor space, permanently set aside and designated on the site plan as recreational or open space for use by residents of the PUD. Such usable space may be in the form of active Or passive recreation areas including but not limited to playgrounds, golf courses, beach frontage, nature trails, and lakes. Cmmnon open space shall be improved to the extent necessary to com- plement the residential uses and may contain coamatible and complimentary structures for the benefit and enjoyment of the residents of the PUD. Easements, parking areas, road right -of -ways or minimum yards and snacings between dwelling units may not be included in determining usable open space. Water areas may be used to partially fulfill pnen space requirements. If golf courses and /or water areas are used to partially fulfill open space requirerents, calculations for such may not exceed one half (112) of the required open space. nil crater areas included as ❑art of the open space requirement shall be pennanent water i,odies and shall be improved with .piers, sloped edges, and landscaping, 4. Minimum lot area, frontage, and setbacks: a. No minimum lot size shall be required within a PUB district. b. Each dwelling unit or other permitted use shall have access to a public street either directly or indirectly via an approach private road, pedestrian way, court or other area dedicated to public or private use or common casement guaranteeing access. Permitted uses are not required to front on a public dedicated road. The County shall be allowed access on privately owned roads, easements and common open space to insure the police and fire protection of the area to meet emer- gency needs, to conduct county services, and to gen- erally insure the health and safety of the residents of the PUB. c. Minimum distances between structures shall be: Between structures of 2 stories or less - 15 feet. Between structures of 3 stories - 20 feet. Between structures of 4 stories - 25 feet. Between structures over 4 stories - 5 feet for each additional story. Between structures of varying heights, the larger distance separation shall be required. d. A minimum of twenty -five feet (25') setback shall be • required from the nearest part of any building wall to the edge of any public right -of -way or private street. A minimum twenty -five feet (25') setback shall be maintained between the walls of all structures and the perimeter of the PUB. e. On property fronting the ocean, a minimum of twenty - five per cent (250) of the frontage shall be left open as a breezeway. f. On property fronting the ocean, all structures must be set back at least twenty -five feet (25') from the bluff line. This setback shall be free of all uses. 5. Maximum length of structure: Two hundred feet (200') unless a commercial access is specifically authorized by the Planning and Zoning Board. 1 6. Maximum commercial uses area: The maximum commercial area permitted within a PUB shall be five per cent (5i;) of the total gross acreage of the site. If the PUO contains more than five hundred (500) dwelling units, the maximum corraercial area may be increased to seven per cent (7F;) of the total cross acreage. Said areas shall be situated and buffered so as not to provide any detrimental effect on residential uses. 7. Minimum floor area per unit: Single family dwellings -1100 square feet (a lesser require- ment may be allowed by the Planning and Zoning Board not below 900 square feet). Multi- family dwellings: Efficiency - 400 square feet One bedroom - 500 square feet Two bedrooms - 750 square feet Three bedrooms - 900 square feet. ' Hotel and motel units (where permitted) - 300 square feet. • 8. Off street parking: a. Primary residential uses: A minimum of two (2) parking spaces per dwelling unit shall be provided. Each space must contain at least two hundred (200) square feet of area and be convenient to residential use. Parking areas shall not be separated from structures to be served by any public right -of -way. b. Secondary non - residential uses: Within commercial areas, one space shall be provided for each twn hundred (200) square feet of floor area. Each space must contain at least two hundred (200) square feet of area. Restaurants - 1 1/2 spaces for each 3 seats Hotels and Motels - 1 1/2 spaces for each unit Other Uses - to be determined by the Planning & Zoning Board. ® c. Landscaping: Within all common parking areas, a minimum of fifty (50) square feet of landscaped area shall be provided per parking space and such landscaped areas shall be distributed throughout the parking areas. 9. Underground utilities: Within the PUB, all utilities including telephone, television cable and electrical systems shall be installed underground. Primary facilities providing service to the site of the PUD may be exempted from this requirement. Large transformers shall be placed on the ground and contained within landscaped pad mounts, enclosures or vaults. Any required substations shall be screened by walls resembling a structure which is compatible with the design of the PUD. 10. Development standards: The minimum construction require- ments for streets or roads, sidewalks, sewer facilities, utilities and drainage shall be in compliance with the requirements of the Brevard County Subdivision Renulations. Design requirements with respect to streets, sidewalks and drainage may be waived by the Commission upon the reco�ven- dation of the Planning Department and the Division of Public Works. 4.20 G - Procedure for Receiving Approval of a Preliminary Development Plan and Tentative Zoning: The following procedures, applications and exhibits shall be required when applying for tentative zoning and approval of a preliminary development plan: 1. Tentative development plan: Before submission of a pre- liminary application for approval as a planned unit development zone, the developer and his registered engineer, architect, and site planner are encouraged to meet with Planning and Zoning Directors of the County Development Division and Directors of the Public Works Division of County government and such other Personnel as necessary to determine the feasibility and suitability of his application. This step is encouraged so that the developer may obtain information and guidance from county personnel before entering into any binding commitments or incurring substantial expenses of site and plan preparation. 2. Preliminary development plan application: a. Preliminary application: A preliminary application shall be submitted to the Brevard County Zoning Department by the developer requesting approval of the site as a planned unit development zone. Said preliminary application ® shall contain the name of the developer, surveyor and engineer who prepared the development plan and OPP- graphic data map, and the name of the proposed planned unit development. b. Exhibits: The following exhibits shall be attached to the preliminary application: (1) Vicinity map indicating the relationship between the planned unit development and its surrounding area including adjacent streets and thoroughfares. (2) Development plan that shall contain, but not be limited to, the following information: (a) Proposed name or title of project, the name of the engineer, architect, and developer. (b) Worth arrow, scale (1" = 200') date and legal description of the proposed site. (c) Boundaries of tract shown with bearings, dis- tances, closures and bulkhead lines. All exist- ing easements, section lines and Property lines, and all existing streets and physical features in and adjoining the project, and - the existing zoning. to (d) Names and locations of adjoining developments, and subdivisions. (e) Proposed parks, school sites, or other public or private open space. (f) Vehicular and pedestrian circulation systems including off - street parking and loading • areas, driveways, and access points. (9) Site data including tabulation of the total number of gross acres in the project, the acreage to be devoted to each of the several types of primary residential and secondary ofntotaldlandaarea uses to beedevotedetopcommercial uses, and the total number of dwelling units. (h) Proposed common open space, including the proposed improvements and any complementary structures and the tabulation of the percent of the total area devoted to common open space. Area's qualifying for common open space shall be specifically delineated and the size designated • on the site plan. (i) Delineation of specific areas designated as a proposed stage. (j) General statement indicating proposed means of drainage for the site to insure conformity with natural drainage within the vicinity area or with the drainage plan established within the vicinity area. (k) General location within site of each primary residential and secondary non - residential use, and the proposed amount of land to be devoted to individual ownership. (1) Schematic drawings of the elevation and archi- techural construction of the proposed primary and secondary non - residential structures. (m) The proposed method of dedication and admini- stration of proposed COHMon open space. (3) Topographic data map drawn to a scale of one hundred feet (100') to one inch (1 ^) by a registered surveyor and /or engineer showing; (a) The location of existing property lines both for private property and public property, streets, buildings, water courses, transmission lines, sewers, bridges, culverts and drain pipes, water mains, and any public utility easements. (b) Wooded areas, streams, lakes, marshes, and any Physical conditions affecting the site. ® (c) Existing contours based on U.S. Coast and Geo- detic data with a contour interval of two feet (2'), and proposed finished elevations. c. Submittal: (1) The PUD Zoning Application and preliminary develop- ment plan shall be submitted to the Brevard County Zoning Department at least days prior to any scheduled meetings of the Zoning Board of Brevard County. (2) A fee of dollars shall accompany the °UD application for the purposes of administration. (3) The application shall include five (5) black -or blue- line prints of the developi,_,mt plan of the proposp•: planned unit development and a minimum of two (2) copies of the required exhibits. d. Application review: The preliminary development plan shall be reviewed formally by the County Development Division and Public Works Division and any other division or department of county government as necessary to determine the feasibility and suitability of the plan prior to the submission of of the PUD zoning application to the Zoning Board of Brevard County. The Zoninq Board of Brevard County sha11 then review said Preliminary develooment plan to determine its conformity with the official plans and policies of Drevard County and the requirements of this section. Upon completion of its review, the Zoning Board of Brevard County shall recommend to the l3ozrd of County Commissioners of Brevard County the approval, approval subject to conditions, or disapproval of the preliminary development plan application. e. Review Criteria: The decision of the Zoning Board of Brevard County on the preliminary develop -ient plan application shall include the findings of fact that serve as a basis for its recommendation. In making its recommendation, the Zoning Board of Brevard County shall 12 consider the following facts: (1) Degree of departure of proposed planned unit develop- (1) surrounding residential areas in terms of character and density. (2) compatibility within the planned unit development and relationship with surrounding neighborhoods. (3) Prevention of erosion and degrading of surrounding area Provision for future ulic water tsupply, sewage tion facilities, disposal, surface drainage, flood control and soil conservation as shown in the preliminary development plan. The nature, includingdthem proposed tm me thod forthe open space, maintenance and conservation of said common ope space. npatibilitY of the specified The feasibility and ca .plan to exist as an independent deve opmentment The availability and adequacy of primary streets and withinol te9proposed plann t edunitf generated development The availability and adequacy of water and sewer service to support the proposed planned unit development. The benefits within the proposed develOPPIOnt to the general public to justify the req departure from standard land use requirements inherent in a planned unit development classification. d om atibilitY of the. planned (10) The conformity an c �p unit development with any adopted development p lan of Brevard County. (11) The conformity and compatibility of the nr000sed eomnon open space, primary residential and secondary non- residential uses eIithin the proposed planned unit development. (A) (5) (6) ® (7) (B) (9) (10) The conformity an c �p unit development with any adopted development p lan of Brevard County. (11) The conformity and compatibility of the nr000sed eomnon open space, primary residential and secondary non- residential uses eIithin the proposed planned unit development. f. Review by Board of County Commissioners: Upon receiving the re the Board ofdLOUnty Commissioners shall, shadlofat avregularlyy scheduled public meeting, review said recommendationrand preliminary development plan and either approve, app subject to conditions, or disapprove the preliminary development plan ipdicatesoapprovaloof.the PUD Preliminary subject to acceptance of the final development plan. The decision of the Board shall be based noon i eria sideration of the facts specified as review criteria • for the Zoning Board in sub g. of this subsection. g, Recordation of preliminary application: In the event the an primary developmC tlals oners,catcopyiofasaid application Board of County the Clerkrof theiDoardsandlsaidccertifiedacooypshall be Y and r filed with the Zoning Director of Brevard County as a permanent containingraclegal description ofithepsitealshallfbeing, notice of recorded in the Official Records of Brevard County, rlorida. • 14 4.20 H - Procedure for Securing Approval of a Final Development Plan: The developer shall have six (6) months from the approval of the preliminary development plan for a planned unit development zone in which to file a final development plan application. At the request of the developer, and for good cause shown, the Board of County Commissioners of Brevard County may extend said period required for the filing of said application for a time certain not to exceed one (1) year. The final development plan application may request approval for the entire planned unit development plan. If approval is not requested for the entire planned unit development, the developer shall have one (1) year from approval of the final development plan application to file another final development plan application for approval of any or all of the remaining stages specified in the preliminary development plan. At the request of the developer, and for good cause shown, the Board of County Commissioners of Brevard County may extend for a time certain not to exceed one (1) year the period for the filing of said application. 1. Required exhibits: The following exhibits shall be attached to the final development plan application: a. Engineering plans showing: (1) Existing ground surfaces and proposed elevations ® in the planned unit development. (2) If deemed necessary by the County, subsurface conditions on the tract, including the location and results of tests made to ascertain the conditions of subsurface soil, rock, and ground- water, and the existing depth of groundwater. (3) Typical cross - sections of proposed grading, streets and sidewalks, canals and waterways. (4) Proposed type of pavement in accordance with County specifications. (5) Layout of water distribution, sanitary servers and storm drainage systems, with grades and sizes indicated. (6) Final engineering drawing of rater, sanitary server and storm drainage systcr•s and sidewalks, streets, bulkheads, street name signs, and adequate lighting. Said engineering plans shall be in confoinity with the requi.rements and specifications of the Brevard County Subdivision Regulations. 15 W. A final development plan containing, in addition to those items specified in subsection 4.206 2.b (2) the following information: (1) Dedication by owner and completion of certificate of surveyor. (2) The location, dimensions and character of construction of all proposed streets, driveways, points of ingress and egress, loading areas, number of parking spaces and areas, primary residential areas and structures, ® secondary non - residential areas and structures, recrea- tional areas and structures, and common opus space areas. (3) Proposed lot lines (if any), lot and block numbers and dimensions of all primary non - residential uses, and secondary non - residential uses, and common open space. (4) The proposed architectural and landscape design of all structures and common open spat:. that clearly reflects the compatibility of the variety of primary and secondary uses Proposed. (5) Location and width of canals and waterways. (6) Reservations, easements, alleys and any areas to be dedicated to public uses or sites for other than li residential use with notes stating their purpose and ® any mitations. (7) Sufficient data to determine readily and reproduce on the site the location, bearing and lenoth of every street, line, lot line, boundary line and block line, whether curved or straight. (8) The radius, central angle, point of tangent, tangent distance and arcs and chords of all curved property lines. (9) A legal description of the planned unit development boundaries with bearings, distances and tie point. (10) Accurate location and descr and markers. iptions of all monuments An original linen tracing of the final development plan drar;n in india ink shall be filed, plus five (5) black- or blue - line prints. All dimensions should be to the nearest one two - hundredth (1/700) of a foot, and angles to the ne;u•est second. The final development plan shall be rrocerly signed and executed by the developer as require fur recording, I 16 The ""I I evOloPment shall meet the platting require- ments of Florida Statutes, Chapter 177. In case of a large plan that may require two or more sheets, the sheets are to be numbered and the numbers of the sheets are to be indicated on the first sheet below the title. C, Development schedule: The development schedule shall contain the following information: (1) The order of construction of the proposed stages a delineated in the development plan. (2) The proposed date for the beginning of construction on said stages. (3) The proposed date for the completion of construction on said stages. (4) The proposed schedule for the construction and improvement of common open space rrichin said stages, including any complementary buildings. d. Deed restrictions: Deed restriction proposals to preserve the character of the common open space as set forth in subsection 4.20E. Said deed restrictions shall include a prohibition against partition by any rest ?antial property owner. • e. Association or non- profit corporation: If the developer elects this method of administering commc.r open space, the proposed bylaws of the association or the certificate Of incorporation and the corporate bylaws of the man- profit corporation shall be submitted for approval by the County. f. Instruments: Instruments dedicating all rights -of -way, easements and other public lands sh6wn on the final develop- ment plan from all persons having any interest in said land. 9• Bill of sale: A bill of sale, conveying to the County water and Seiler utility lines, mains, lift stations, and other Personal property required to be installed by this chapter. h. Instruments: Indicating that all necessary off -site ease- ments or dedications have been acquired. In lieu of originals, "certified true copies" will be accepted if the recording infornation from the public records of Brevard County, Florida, is included thereon. 1. Title opinion: the status of the title to A title opinion from an attorney showing the site enconpassed by the defects, if any, final development plan and all liens, encumbrances and 17 j. Tax receipts: Paid receipts from the County indicating taxes have been paid in full up to and including the current period. 2. Procedure: a. A fee of dollars shall accompany the final develop- ment plan appT%ation for the purpose of administration. b. The Planning Department and the Division of Public Works shall recommend the approval, approval subject to conditions, or disapproval of the firal development plan application based upon the conformity of the final development plan with the preliminary development plan, the sufficiency and accurateness of the required exhibits, and the requirements and purposes of this section and ordinances and regulations of Brevard County. c.. The Board of County Commissioners of Brevard County shall review the roeormendations of the Planning Department and Division of Public Works at a regular public meeting of the Board of County Ccic..iissioners and shall approve, approve subject to conditions, or deny the final development plan application. 3. Recording of final development plan: a. After approval by the Board of County Commissioners of ® Brevard County of the final development plan application, the Clerk of the [,card of County Commissioners shall see that all requirements of Florida Statutes, Chapter 177, have been complied with before the final devolofm:ent plan is recorded ir, the public records of Brevard County, Florida. No final development plan of it planned unit dovelopcc t within Brevard County shall he recorded unless it shall have the approval of the Coard of County Cc:m:issioners of Brevard County inscribed thereon. b. The transfer of, sale of, agreement to sell, or negotiation to sell land by reforence to m• exhibition of, or other use of a final development plan of a planned unit development, or porticn thereof, that has not been given final approval by the Board of County Commissioners of Brevard County and recorded in the Cfficial Records of Brevard County, Florida, is pro- hibited. The description, by notes acd bounds in the instrument of transfer or other documents shall not exempt the transaction from such prohiLition. 4.20 1 - Physical Revicw: The County shall have the right to ovaluate tho physical layout, architectural characteristics, acd areritic. of the planned unit develop:,or,t and to suggest change!, or c;cui <icstiens desir,ned to create cc,,:alihility and conformity in th, .;riety of uses within the develop -.ent to insure, protect am pre -_ e the health, safety and general i.elfare of the propert; c::nors e+ cite planned unit development and the residents of Brevard Coar.ty. ■ 18 4.20 J - Building Permit: No building permit shall be issued by Brevard County until the final development plan has been approved and duly recorded as provided in this section. 4.20 K - Bonding: Prior to the commencement of construction Within the site of a planned unit development, the developer shall file with the County the following contracts and bonds: • 1. A performance, labor and material payment bond for the completion of the construction of all public improvements specified in the final development plan within one (1) year from the date of commencement of construction. 2. A performance, labor and material payment bond for the completion of the construction of all common open areas designated in the final development plan within one (1) year from the date of commencement of construction. 3. A maintenance warranty bond in the amount of ten percent (10 %) of the total cost of the construction of all public improvements to De in force for a period of two (2) years following acceptance by the County of the final construction of said public improvements. is All such bonds shall be from a company licensed as a surety in the State of Florida, listed by the U. S. Treasury Department, and rated A: AAA in Best's Insurance Guide. Upon acceptance of all improvements described in subsections 1 and 2 above, said performance and payment bonds shall be released. All of the provisions relating to bonding contained to the Subdivision Regulations of Brevard County shall be fully applicable to the bonds required under this section. 4.20 L - Termination of PUD Zone: 1. Any owner of all or a portion of land that has been designated a planned unit development under the provisions of this section can apply to the County for the termination of that portion of a stage within an approved final development plan within which his property is located if construction has not been commenced pursuant to said final development plan. The procedure for said termination shall be that applicable to a land use classi- fication change under the Zoning Regulations of Brevard County. 2. Failure of the developer to file a final development plan application within the time periods specified in subsection 4.20U shall automatically revoke approval of the preliminary development plan filed under subsection 2.20G 2.9 and the site shall revert to the land classifications for which the property was zoned prior to the approval of said preliminary development plan. A notice of said revocation, containing a legal description of the site, shall be recorded in the Official Records of Brevard County, Florida. 19 4.20 M - Enforcement:. In addition to any other method of enforcement, the County shall have the power to enforce the provisions of this section by an appropriate suit in equity. I =I= 1 0 .. 1, BUILDING PERMITS ISSUED FROM 31 AUG 2 TO 13 SEPTEMBER 7 2 TYPE OF EST. PERMIT 4 PERMIT DATE OWNER /ADDRESS CONST. COST FEE NUMBER ISSUED Ernest P. Camerino Enclose Existing $ 300.00 $ 5.00 1746 9/5/7 2 320 Harbor Drive Carport ' 1747 9/6/72 Gladys Donovan Repair Roof, Re- $ 2,000.00 $ 7.00 ti 335 Harbor Drive build Screen Porch �•- Paint Exterior i ® (Storm Damage) F Install 4' Chain $ 300.00 t 5 1748 9/7/72 Robert Cason ence(375'4 .00 E� 309 Washington Ave. Link F Double Fee K 1749 9/11/72 Canaveral estronaut Blvdr (Bree 1Eng�bCo )Sign 900.00 $15.00 tC 1750 9/8/72 George Meguair Move Doors, Panel, 1,000:004.5.00 d.. p56 Polk Avenue Fiberglass Roof, Replace 2 Windows'- ik'. 1751 9/8/72 Shelton College Remove Stud Wall 275.00 $ 2.50- 8810 Astronaut Blvd. Replace w /block wall Demolish S.F.R. 600.00 $ 4.00 1, 10 9/12/72 Wayne Gordon'', 348 Harbor Drive 600.00 $ 4.00 Demolish S.F.R. I, 1753 9/12/72 346eHHarrborlDrive 125.00 $ 6.00 1754 9/12/72 555aFillmorerAvenue Inc. (The tWindjammer) Rewire 2 apts & 300.00 $ 5.00 1755 9/12/72 630 AdamsMAvenue replace rusted conduit on balcony E. W. bldg. 1756 9/12/72 let Natl Bank of C.C. Modification of 15,000.00 $42.00 7800 Astronaut Blvd. drive -in area & i remodeling existing windows GASPERMITS ISSUED ......... . ............. 0-- SSWER PERMITS ISSUED ................... .� STREET EXCAVATION PERMITS I95UED.......::2 E� WELL PERMITS ISSUED .................... ii AGENDA City of Cape Canaveral 103 FOLK AV . CAPE CANAVERAL. F10910A 32920 AVENUE 303 783 1100 REGULAR MEETING ZONING & PLANNING BOARD SEPTEMBER 13, 1972 7:30 P.M. CALL TO ORDER ROLL CALL ADJOURN l•1ALTLR T. BU E T, C IRMAI Zoning & Planning Board Approved at Special Meeting September 6, 1972 WORK SESSION 1. APPROVAL OF MINUTES - SPECIAL MEETING - AUGUST 23, 1972 • 2. APPROVAL OF MINUTES - REGULAR MEETI14G - AUGUST 30, 1972 3. APPROVAL OF MINUTES - SPECIAL MEETING - SEPTEMBER 6, 1972 14. COUNCILMAN'S REPORT - E. HARRISON RHAME 5, BUILDING OFFICIAL'S REPORT - JACK HURCK 6. DISCUSSION - ZONING ORDINANCE 12 -71 7. PUBLIC DISCUSSION PERIOD ADJOURN l•1ALTLR T. BU E T, C IRMAI Zoning & Planning Board Approved at Special Meeting September 6, 1972 REGULAR MEETING ZONINO & PLANNING BOARD SEPTEMBER 13, 1972 The Regular Meeting of the Zoning & Planning Board . was field at City Hall, 105 Polk Avenue on September 13, 1972. The meeting ewas called to order at 7:40 P.M. by Chairman Burkett. Present: Zoning & Planning Board - Burkett, Allen, Van Wagner, Martin and DeVeau City Aiana ee_r - Francis Counc _ Rhame Bul-idin OOfficial - Hurck y PTa.ner - Hans el .WORK SESSION ITEM 1. APPROVAL OF MINUTES - SPECIAL MEETING - AUGUST 23, 1972 Motion was made by Mr. Martin, seconded by Mr. Van Wagner and vote unanimous to approve the Minutes of the Special Meeting, August '3, 1972 as read. ITEM 2. APPROVAL OF MINUTES - REGULAR MEETING - AUGUST 30, 1972 As noted on the Agenda, August 30, 1972 .Minutes were approved at Special Meeting of September 6, 1972. ITEM 3. APPROVAL OF MINUTES - SPECIAL MEETING - SEPTEMBER 6, 1972 Motion was made by Mr. Martin, seconded by Mr. DeVeau and vote unanimous to approve the Minutes of the Special Meeting, Sep - tember 6, 1972 as read. .ITEM 4. COUNCILMAN'S REPORT - E. HARRISON RHAME Councilman Rhame stated he had nothing new to report but did comment on some of the items discussed at the last meeting. Mr. Jack Star , 'owner of Star 's Texaco Service Station was In attendance and stated he wished to repair automobile radiators at his service station located on A -1 -A.. Brief discussion followed and decision was to discuss Mr. Star 's request later on In the meeting. ITEM 5. BUILDING OFFICIAL'S REPORT - JACK HURCK Building permits Issued August 31 - September 13, 1972 were discussed. Copy attached. ITEM 6. DISCUSSION - ZONING ORDINANCE 12 -71 Mr. Star was asked to discuss his request and Mr. Star stated he was asking for an opinion from the Board relative to a radiator repair service at his Texaco Service Station. He stated this was a minor repair but he was prohibited to repair radiators by the zoning ordinance therefore could not proceed to purchase the necessary REGULAR MEETING PAGE TWO ZONING & SEPTEMBER P13,�1972BOARD equipment to do this type of work. It was noted that an amendment to the ordinance would be necessary to allow repairs of this nature. The Board indicated ® by a vote of 3 to 2. not to consider an amendment to permit repairs of a major nature at service stations. Proposed amendments to the zoning ordinance, compiled and sent to each Board.'Member since the meeting of September 6th were read. and discussed byes Board. Some changes for clarification es were made. Motion. was made to recommend and numerical sequenc finalized changes made at previous meetings and ' meeting seconded by Idr. to City Council. Motion was made by Mr.. DeVeau, Van Wagner and unanimous vote to recommend said changes be sub- mitted to City Council for discussion. at the work shop of September 111th. ITEM 7. PUBLIC DISCUSSION PERIOD stated that the Mr. James J. Mahoney, Real Estate Broker, Zoning & Planning Board was too restrictive Sn its recommendations to Council for builders and developers. Also, that recommendations requested from City Planner Nanael by the Zoning Board were not accepted. Motion was made by Mr.DeVeau, seconded by Mr. Van Wagoner to adjourn the meeting at 11:25 P•m- Respectf'ully submitted, Walter T. Burkett, Chairman Zoning & Planning Board os �9 City of Cape Canaveral 105 POLN 'VENUE ., CAPE CANAVE6]L. PLO010A ]]630 7ELEPNONE]0] )6]1100 arr6r urt wurwt REGULAR MEETING ZONING & PLANNI,dG BOARD SEPTEMBER 27 1972 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL NORI{ SESSION ITEM 1. Approval of Minutes - September 13, 1972 (Regular Meeting) ITEM 2. Councilman'S Report - Mr. E. Harrison Rhame ITEM 3. Building Official's Report - Mr. Jacic Hurck ITEM 4. Discussion - Zoning Ordinance 12 -71 ITEM 5. Discussion - Mapped Streets. Act ADJOURN � ,� a 'er urce - a man ,- Zoning & Planni— ngBoard , REGULAR ZONING 1, PLANNING BOARD SEPTEMBER 27, 1972. The Regular Meeting Of the Zoning & Planning Board was held at City Hall, 105 Polk Avenue on September 27, 1972. The meeting was called to order at 7:40 p.m. by Chairman Burkett. Present: Zoning & Planning Board - Burkett, Allen, DeVeau and City Manager - Francis WORK SESSION ITEM 1. APPROVAL OF MINUTES - REGULAR MEETING - SEPTEMBER 13, 1972 Motion made by Mr. Martin, seconded by Mr. Allen and vote was unanimous to Approve the Minutes of the Regular Meeting, September ® 13, 1972 as submitted. ITEM 2. COUNCILMAN'S REPORT - MR. E. HARRISON RHAME Councilman Rhame was out of town and unable to attend the meet- ing. City Manager Francis commented briefly on items discussed at the last regular meeting of City Council and work shop. ITEM 3. BUILDING OFFICIAL'S REPORT - DSR, SACK 'RJ ' Building official was unable to attend the meeting. Building permits issued September lu - 27,. 1972 were discussed. Copy attached. ITEM 4 DISCUSSION ZONING ORDINANCE 12 -71 Setbacks along North Atlantic Avenue (Palm Avenue) were discussed. Opinion of the Board was to leave setbacks as stipulated In the ordi- nance. Philosophy of Board regarding proposed zoning changes and re- commendation said changes be adopted: Recommended changes to present zoning ordinance were proposed for purpose of corrections, clarity and deletion of ambiguous wording. Also, to change items and figures that were nald to be unworkable by the developers and builders to workable items and figures. City Manager Francis requested authorization from the Board to engage the services of City Planner Hansel on a as- needed and hourly basis beginning October 1, 1972. ldotlon was made by Mr. DeVeau, seconded by Mr. Mar-till and vote of Board was unanimous to engage the City Planner on this basis. REGULAR MEETING ZONING & PLANNING BOARD PAGE TWO SEPTEMBER 27, 1972 ITEM 5. DISCUSSION - MAPPED STREETS ACT The Mapped Streets Act was discussed briefly and discussion to be continued at the next regular meeting of October, 11, 1972. oCity Manager Francis was asked to notify City Planner Hansel to attend this meeting to further explain the Mapped Streets Act to the Board. ADD ON ITEM ITEM 5. DISCUSSION - SHOULD THE ZONING & PLANNING BOARD APPEAL THE B I ING DhC REOARDING T E R- a erenee -First n era a e Deve o men -0orpora ion Motion was made by Mr. Martin, seconded by Mr. DeVeau and vote of Board unanimous to add on an item for discussion regarding Appeal • of the Building Offical — Multiple Housing in R -1 Zone (Reference First Interstate Development Corporation). After discussion, motion was made by Mr. Martin, seconded by Mr. DeVeau and vote of Board unanimous - The Zoning & Planning Board does not appeal the Building official's decision regarding multiple housing in a R -1 zone. Philosophy: Since Council had been advised by the City Attorney they should not appeal the decision, then the Zoning & Planning Board, which is a recommending body only should not appeal the decision. Public Discussion Period Real rotate Broker, James J. Mahoney Stated that the interest of builders, owners and developers were not being considered by the Zoning & Planning Board regarding the proposed amendments to the zoning ordinance and felt they should be consulted in this matter. Motion was made by Mr. DeVeau, seconded by Mr. Martin and on- anlmously agreed by Board to adjourn the meeting at 9:45 p.m. Respectfully submitted, ,, Walter Tom Burkett, Chairman Zoning & Planning. Board • BUILDING PERMITS ISSUED i~'AOM 14 SEPTEMBER !72 TO 37 SEPTEMBER 172 PEftdIT DATE TYPE OF EST. PERMIT NUPIDER ISSUED OWNER /ADDRESS CONST. COST FEE 1757 9/20/72 Howard Gould Install 100 amp $ 85.00 $ 1.50 32 W.Point Dr.C.B. (Mango Manor service ManorTr Pk) ' 1758 9/20/72 Wm J. Eberwein Install 100 amp $ 85.00 $ 1.50 j (Jim Morgan,Lesoee) electrical service S 9911 N.Atlantic Ave.(Port Can. Trl. Pk) 1759 9/20/72 John W. Ids Install necessary $ 85.00 $ 2.50 340 Harbor Dr. for caincconde(Unit existing) 1760 9/20/72 J.M.D.M.,Inc. Install partitions $ 50100 $ -0- 110 Polk Avenue 121x81 & install (Under) (office 1/7)_ 2 signs on bldg.. 1761 9/21/72 Daw -Ken Invest.Corp. Portable Sign $ N/A $15.00 of Va. (H &W Publics — Month of October tiono, Inc. lessee) 7032 N. Atlantic Ave. i 762 9/21/72 Dan Del Favero Install 4 100v $100.00 $ 1.50 1 124 Harrison Ave. recept. 1 220v recpt. & 1 light 1763 9/25/72 A. D.sAnderson Install Uti11ty $200.00 $ 2.50 Shed j 1764 9/26/72 Charles 6rLincolnTAve. electrical Oser $100.00 $ 2.50 vice i 1 i i GASPERMITS ISSUED .......................0 SEWERPERMITS ISSUED ........... .........0 STREET EXCAVATION PERMITS ISSUED ......... I ' WELL PERMITS ISSUED.................... 0 September 19, 1972 City Council City of Cape Canaveral, Florida 32920 Re: Proposed Amendments to Zoning Board Regulations Ordinance 12 -71 , dated September 13, 1972. Dear Mayor Firkins and Council Members; A "Concerned Citizens Committee" of property owners in Cape Canaveral, after examining the proposed Amendments offered by the Zoning Board and Planning Board recommend that the following action be taken. 1. Pass on to Public Nearing the items as listed on attached sheet A. 2. Reject the recommendations of the Zoning Board of items listed on attached B. The reasons for rejection of items is based on the re- strictive nature of the proposed Amendments. The Zoning Board was advised by professional opinion, that the re- jected changes in part, are very apt to be declared ARBITARY, CAPRICIOUS, CONFISCATORY, Etc. The Committee further reasons that due to the sweeping restrictive changes, proposed for R -3 that the action if adopted could well be in effect a change in Zoning. The Committee finds no written reason for the Zoning Boards recommendations and that therefore the Amendments have been improperly presented Respectfully submitted, es J. oney Concerned Citizens Committee 40 PROPOSED AMENDMENTS TO ZONING REGULATIONS ORDINANCE 12 -71 B. Changes - Not Acceptable PAGE NO. ITEM NO. CATEGORY 24 3 9. 26 1 b. 27 3 f 27 5 Max Ngt 29 R -3 Multi'. family dwl'g dist. 29 1 b. 30 3 f. 31 5 Max. lot coverage 31 5 Min. living floor area.. 31 5 Max. Ilgt. 31 5 Churches and Bosp.- Max lot coverage 31 5 Churches and llosp.- Max ILgt. 31 5 Hotels and Motels 31 5 Hotels and Motels light house Kp'g. 32 5 Ilotels and Motels - Min. 1'd. Req. 32 6 Min. Breeze req 32 7 Max. length bldg. N /S. direction 32 8 Landscaping 32 9 Min open space req 33 1 a. and e. 34 1 e.2 and in. 37 5 A. and B. 38 6 A. B. and C. 69 9 70 RPUD - DensiLy 88 I\ '1 c. 4 ( Landscape Buffer) 102 3 (1) ( Landscape Buffer) 137 39A. 140 58A 146 83 PROPOSED. AMENDMENTS TO ZONING REGULATIONS ORDINANCE 12-71 A. Changes g - In Agreement PACE NO. ITEM NO. -�� CATEGORY 27 3 30 3 g. 30 e. ® 31 3 5 k. 37 3 Min. lot size - Resid. 56 1. and Ofc. 1 RPUD 60 4 60 4 a. 60 5 C. 61 7 62 8 65 2 65 2 a 65 C. ® 65 2 2 d. 65 3 C. 66 a. 3 b. 67 ( and Bldg. Permit and Cart. OccuP.) 68 69 6 and RPUD Density (delete) 71 2 71 2 a. 76 b. 77 78 88 IS l.c 4 102 3 (Other than Ingress /egress Incidental) 103 5 1. Deletion 113 XIV 121 5 122 XVI 137 39 B. r City of Cape Canaveral 'I IO�POL.: •v[NU[ . LOPIO�]]PiO IELEPNONE ]O] IB] ILOO. wnar REGULAR 74EETING urt aunEu ZONING & PLANNING BOARD OCTOBER 11, 1972 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL WORK SHOP ITEM 1. Approval of Minutes - Regular Meeting - September ITEM 2. Councilman's Report - Mr. E. Harrison Rhame ITEM 3. Building Official's Report - Mr. Jack Hurck ITEM 4. Discussion - Mapped Streets Act ITEM 5. Discussion - Sign Ordinance ADJOURN !alter T. Burlcet , Chairman Zoning & Planning Board A • REGULAR MEETING ZONING & PLANNING BOARD OCTOBER 11, 1972 The Regular Meeting of the Zoning & Planning Board was held at City Hall, 105 Polk Avenue on October 11, 1972. The meeting was called to order at 7:40 p.m. by Chairman Burkett, Present: Zoning & Planning Board - Burkett, Allen, DeVeau, Martin and Van Wagner City Councilman -Rhame City Manager - Francis City Planner - Hansel WORK SHOP ITEM 1, APPROVAL Or MINUTES - REGULAR MEETING - SEPTE4BER 27 1972 Motion was made by Mr. Martin, seconded by Mr. DeVeau and vote unanimous,. to Approve the Minutes of the Regular Meeting, September 27, 1972_aa submitted. ITEM 2. COUNCILMAN'S REPORT - MR. E. HARRISON RHAME Councilman Rhame reported on items discussed at the City Council meeting of October 3, 1972 and indicated there was considerable ob- jection to the proposed amendments to the zoning ordinance, tie also Indicated that Council voted unanimously for the amendments at the first reading. ITEM 3. BUILDING OFFICIAL'S REPORT MR JACK HURCK Building Official Hurek was unable to attend the meeting. Build- ing permits issued September 28 - October 11, 1972 were discussed. Copy attached. ITEM 4. DISCUSSION - I4APPED STRERPS ACT City Planner Hansel briefly outlined the Florida Mapped Streets Act and indicated advantages and disadvantages of a city such as Cape Canaveral having an act or ordinance as such. He indicated if the City were interested in this type ordinance, It should pass a basic ordinance first and lay out streets as needed or at a later date. It was also suggested that it be a separate ordinance from the zoning ordinance. The Zoning & Planning Board decided to pursue the matter further, philosophy being that it would be advantageous to the City and pro- perty owners to have lands available for roads without cost at the present time and to prevent condemnation of property at afuture date, REGULAR MEETING ZONING & PLANNING BOARD OCTOBER-11, 1972 PAGE TWO City Manager. Francis was asked to have copies of the following documents mailed to each member of the Zoning & Planning Board as soon as possible: (1) Cocoa Beach Ordinance 381 (2) Memorandum, dated October 1, 1968 from Brevard County Planning Department (3) Por- tion of Senate Bill No. 1369, Chapter 63 -1144, Pages 16.27 thru 16.29. Members of the Board are to .review these documents prior to the next scheduled meeting. ITEM 5. DISCUSSION - SIGN ORDINANCE The Sign Ordinance was briefly discussed. It is the opinion of the Board that the present sign ordinance does not offer adequate coverage of signs and should be rewritten, philosophy being that many IS types of signs are not covered in the present ordinance, also due to many violations of present ordinance, it should be reviewed. City Manager Francis was asked to have copies of the following documents mailed to each member of the Zoning & Planning Board as soon as possible: (1) City Ordinance 18 -72 (Amendment to Sign Ordinance) (2) County Sign Ordinance.' Councilman Rhame indicated he would try and provide copies of the Satellite Beach Sign Ordinance There being no further business to come before the Board, a motion was made by Mr. DeVeau, seconded by Mr. Martin to adjourn the meeting at 10:30 P.M. Respectfully submitted, `it'Cuan, �� II A: -11%ur Walter Tom Burkett, Chairman Zoning & Planning Board BUILDING PERMITS ISSUED FROM 28 SEPTEMBER !72 TO 11 OCTOBER 172 PERMIT DATE .j NUMBER ISSUED 3 1765 9/26/72 1766 9/28/72 i 1 1767 9/28/72 1768 10/2/72 1769 10/2/72 1770 10/2/72 1771 10/6/72 *772 10/6/72 1773 10/4/72 1774 l- 1775 i 1 r s a 10/9/72 10/10/72 OWNER /ADDRESS TYPE OF EST. PERMIT CONST. COST FEE Jack Moline /Glenn Erect 10 Unit $122,496.00 $480,50 Schoessow Story Condominium 6619 N. Atlantic Ave.(Bldg, #12) Franklyn Maclay Repair Tornado $ 25,000,00 $ 65,00 630 Adams Avenue Damage - Capeview Apta, Irving H. Propper Replace 500 sq. $ 500.00 $ 10.00 354 Coral Drive ft, concrete driveway (Double Fee) Arthur 47. Gordon Repair Residence $ 23,780,00 $ 75,40 348 Harbor Drive to pre- tornado condition J. L. Murphy Erect 120f of $ 163.00 $ 2.50 327 Pierce Avenue 51 chain link fence Russell I. DeVeau Erect 188, of $ 312.00 $ 2.50 229 Harbor Drive 41 Chain link fence A. D. Anderson Re -roof dwelling $ 733.00 $ 10,00 8720 Sea Shell Lane (Double Fee) Cape Canaveral Vol- Repair rotiten $ 1,744,00 $ 7,00 unteer Fire Dept. wood & reroof 190 Jackson Ave. building Clair /Shirley Meyers Repair Residence, $ 13,000.00 $ 34.00 620 Madison Avenue enclose existing carport (tornado damaged) Richard Johnson Erect 15 unit con- $213,372.00 $688.00 320 Buchanan Ave.. dominium - 3 stories Elmer Grabloski Demolish Existing $ 200,00 $ 4,00 344 Harbor Drive single family residence (tornado damaged) (Replaces permit #1753) OAS PERMITS ISSUED 0 SEWER PERMITS ISSUED ....... UE .. 14 (12 Mango Manor) STREET EXCAVATION PERMITS ISSD........ 1 Trl, park WELL PERMITS ISSUED,,,, ,,,, 1 City of Cape Canaveral 105 P0E 1 11E1 . CAPE CANAV[9AL, FLORIDA 32920 ....P —E 303 3933100 October 27, 1972 REGULAR MEETING ZONING $ PLANNING BOARD November 1, 1972 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL WORK SESSION: e ITEM 1. Approval of Minutes - Regular Meeting - October 11, 1972 ITEM 2. Councilman's Report - Mr, h. Harrison Rhame ITEM 3. Building Official's Report - Mr. Jack Hurek ITEM A. Mapped Streets Act ITEM S. Review of Sign Ordinance ITEM G. Review of Zoning Ordinance ITEM 7. Public Discussion period ADJOURN 0M - P : Fa ter 1. Burkeff, Chairman Zoning G planning Board REGULAR ZONING & PLANNING BOARD NOVEMBER 1, 1972 The Regular Meeting of the Zoning & Planning Board was held • at City Hall, 105 Polk Avenue on November 1, 1972. The meeting was called to order at 7:45 p.m. by Chairman Burkett. Present: Zoning & Planning Board Members - MartS.. and lVan�.Wagner Councilman - Rhame Oft tans er - Francis Bui in Official - Smith Boarcrecary - Grigsby WORK SHOP ITEM 1. APPROVAL OF MINUTES - REGULAR MEETING- OCTOBER 11 1972 Motion was made by Mr. Martin, seconded by Mr. Allen and ,vote unanimous, to Approve the Minutes of the Regular Meeting, October 11, 1972 as submitted. ITEM 2. COUNCILMAN'S REPORT - MR. E. HARRISON RHAME Councilman Rhame had informed the Board Secretary he would be late, therefore his report was given later In the evening. ITEM 3. BUILDING OFFICIAL'S REPORT - MR. JACK HURCK City Manager Francis introduced Mr. Percy L. Smith as the new Building Official. Mr. Hurck will remain on the job for a few weeks. Building permits issued October 12 - November 1, 1972 were discussed. copy attached. IT 10-1 4. MAPPED STREETS ACT A copy of Cocoa Beach Ordinance No. 381, adopted October 21, 1971 (Relative to Mapped Streets Act) wan given to each member on October 12th and members were asked to read and comment on same at the next meeting. After discunaion, motion was made, by Mr. Martin, seconded by Mr. Allen and vote of Board unanimous to recommend to Council, adoption of the [-lapped Streets Act as outlined in the Cocoa Beach Ordinance No. 381, after the City Attorney puts the ordinance in the proper form to apply to Cape Canaveral. city Attorney to be requested to return copy to Board Secretary, who in turn was requested to mail a copy to each Board Mcinber. Board requested City Attorney be asked to have a copy ready for work shop meeting of City Council on November 2nd . if possible. Ll 0 REGULAR MEETING ZONING & PLANNING BOARD PAGE TWO NOVEMBER 1, 1972 ITEtd 2. COUNCILMAN'S'REPORT MR. E. HARRISON RHAME Councilman Rhame arrived during discussion of item 4. Mr. Rhame stated he had nothing new to report from Council since the last meeting. ITEM 5. REVIEW OF SIGN ORDINANCE After discussion of existing, proposed and other cities sign or- dinances, the Board requested item be placed on next regular agenda for further discussion. Building official Smith was asked to review county ordinance and other .city ordinances and comment on same at the next meeting. Suggestion was made to appoint a study committee to re- view and study the various sign ordinances and try to come up with a workable ordinance. All members were asked to study the various or- dinances and be prepared to comment on same at the next meeting. ITEM 6. REVIEW of ZONING ORDINANCE An ordinance relative to control of location of Places of busi- ness licensed by the Florida Beverage Department, drafted by Councilman Rutkowski and submitted by Mr. Martin was given to each member. After discussion, motion was made by Mr. Martin, seconded by Mr. Allen and unanimous vote of Board was to recommend to City Council that City adopt said ordinance as submitted. Copies to be placed In each Councilman'a folder for work shop meeting of November 2nd. The Board also stated they wanted to re- affirm their recommendation as noted in the Zoning & Planning Board Minutes dated September 13, 1972 that repair of radiators not be allowed at service stations. Vote of Board was unanimous on this subject. Request for repair of radiators had been requested by Jack Star at his Texaco Station on North Atlantic. Motion was made by Mr.. Martin, seconded by Mr. Van Wagner to submit to City Council, addition to zoning regulations as an amendment to zoning ordinance 12 -71 on pages 31, 38, 42 and 110. After brief discussion, page 110 was again amended and motion was made by Mr. Martin, seconded by Mr. Van Wagner to submit to City Council, amendments to pages 31, 38, 42 and 110 as attached hereto as ATTACHMENT A and request that these amendments be Included in the zoning ordinance aaaubmitted by the Zoning & Planning Board. (See Attachment A) REGULAR MEETING ZONING & PLANNING BOARD NOVEMBER 1, 1972 _ PAGE THREE There being no further business to come before the Board, motion was made by Mr. Allen, seconded by Mr. Van Wagner to adjourn •the meeting. at 11:35 P.M. '.. Respectfully submitted, ' ljt�CGLZ`c.. ! ,�ilC.f -rte Walter Tom Burkett, Chairman Zoning & Planning Board . � 8' ,rt.e- .,v�».Y,�•l��.- 'r.:.9�..N�af.I.:;,`.. .:...... -� 3xe.w� -a 4�.°.t. . • Z a P Board 11 -1 -72 Proposed Amendments ATTACHMENT T A Pa e 31 Item 5. Area and Dimension Regulations Add Single and Two - Family Residential Same as R -2 • Add Multi - Family (New heading will read: Multi - Family Residential and Offices) L 'J Pa a 38, Item 6. Minimum Yard Requirement" C All Other Principal Dses & Structurea - Side Interior Lot Delete Lot Add Zoned District d: 0 ft., 25 ft. when abutting (New wording will rea a residential zoned district) P, ,e 42, Item 5. Area and Dimension Re ulations - Minimum Yard Re uirements - Side Interior Lot Delete Lot Add Zoned District (New wording will read: None, 25 ft. when abutting a residential zoned district) Page 110 Item 3 2nd arara h - Revise aragra h to read as follows: All plans other than single and two- famlly residences shall be reviewed by the following departments,: I, Fire Department 2. Police Department 3, City Engineer 4. Sewer iDepart Department Department Public Works Department 7 City Planner $, Zoning & Planning Board 9, Beautification Board Chairman ** 10. Department of Natural Resources The Building official shall transmit the copies to the various . nt city department heads for their review and comment. The Fire Department shall review the plan to ensure that the size and spacing of water and fire hydrants are adequate; that the location of buildings and e adequate to permit ingress and egress for fire fight - service roads nr the plan to ensure ing equipment, The Police Department shall review that an orderly and safe traffic flow is permitted within the site; that no traffic problems are created by the proposed ingress and egress Z & P Board 11 -1 -72 Proposed Amendments. ATTACHMENT A Page Two routes; and that the plan provides adequate parking. The City Engineer shall review the plan to ensure adequate storm drainage facilities. The Building Department shall review the plan to ensure its .compliance with the Southern Standard. Building Code. The sanitary sewer system shall be reviewed by the Superintendent of the sewer plant to ensure that the mains and laterals are adequate. The Public Works Department shall check that trash and garbage pickup facilities and access thereto are adequate. The City Planner shall review the plan to see that it is in conformance with the Zoning Ordinance.. The Beautification Board Chairman shall review the plan to assure that required landscaping is provided for. • Within one week from the time said plan is received by the various department heads, they shall submit, in writing, to the Building Offi- cial, a report commenting on the factors .relating to the plan which bear upon the public interest. If the proposed construction is for two (2) or more structures, or more than fifteen (15) dwelling units, or greater than 15, 000 square feet floor area; the Building Official shall transmit a copy of said plane and department heads' recommendations to the Zoning and Planning Board at least five (5) days prior to said Board's next re- gularly scheduled meeting. The Board members shall review the same at their next regularly scheduled meeting, and immediately thereafter report on their review to the Building Official. Based upon the department heads' report, the Building Official shall approve, approve subject to conditions, or disapprove the plans. Upon approval, or approval subject to conditions, an appropriate 'building permit shall be issued. One copy of the plans shall be re- turned to the applicant by the Building Official, after he shall have marked such copy either as approved or disapproved, and attested same by his signature on such copy. The original copy of the plan, similarly marked, shall be retained by the Building Official. •• All phases calling for buildings located on the Atlantic Ocean are to be reviewed by the Department of Natural Resources. In the event any of the above Department Heads are not available to review said plans, the City Manager shall have the authority to re- view plans in their behalf and submit the required report. • 12 OCTOBER '72 TO 1 NOVEMBER '72 UED FRO14 PERIdI'f BUILDING PERIdITS ISS EST. -EE TYPE OF COST CONS_ 6 270.30 PS1iIdIT UA ^'E ,�41NE1.1ADDRESS 1,700,000.00 $ t7 I�� 183 unit apt' lo/16/72 First Interstate Dev• Construct buildings $1,700, 40 1776. Ridgewood Avenue 156,000.00 $ 565' Porte Construct $ 1777 10/17/72 765prRidBeY7ood Ave. 14 unit apt• 2 story 450.00 $ 5.00 ®. Loma'Linda University Cloosetl &'LavI $ 1778 10/18/72 Aero -Space ComP?cx atorY 6.00 149 .Center Street four $ 400.00 $ Install service 1779 10/18/72 8509rN•GAtlantic Ave. 100 amp 5,00 (Mango Manor Trl. Pk) 300.00 $ Replace damage $ 10/18/72 Robt. F. Stephens sewer line. $ 15.00 1780 366 Coral Drive N/A R & N Publications Portable Sign$ 10/23/72 ( Lessee) Adult Bo yo Store 1781 14,400.00 $ 48.20 Manfe Add 1 bedroom$ Joseph A• apt. 4!/2 car 1782 10/24/72 219 Fillmore Avenue garage $ 20,00 N/A 10/24/72 offs Month of Oct. Canaveral Office Ctr. thr allo 3�gn. 45.Oc 1783 (Brev EnS. Portable Sign $ N/A $ Texaco, Inc. t -Oct -Nov' 5.01 i7B4 10/25/72 6910 N. Atlantic Ave. SeP 1 Chain $ 1,730.00 $ 10/30/72 Oceans Properties,Inc. k Security Erect 6 1785 555 Fillmore Ave. Lin Fence around Const. Site 11000.00 $ 5.01 Install drain $ .1786 10/31/7 2 Aero p Univ: ace &, sump pw^P space Complex $ 45•( 7191 11, Atlantic Ave. portable Sign N/A Goo. Rest'.(Rogel $ept -Oct -Nov. 1787 10/27/72 Graefe) 0,00 $ tlantic Ave. 2• 6395 N• A ton $ 1,45 Install 3 a stem 1788 .11/1/72 Marty Hollowa Ave. A/0 & Duct Y 7920 Riag ewoo t , >F.kN�I'r.•I.(ij,;..,•,,•,,... 0 REczIvt: oRDlT+ntice No. 301 OCT 26 1971 AN G:IDINANCE OP THE CITY of COCOA BEACii, FLOPIDA, AMENDING SECTION,. 2 -49 OF M, CODE 13REVARD C,OLINTY OF CRDINANCFS BY ADDING THEP11TO A NEW PLANNING DCPARTI.IENT SUP9F:CI70^ A.UlUMIZING THE PLANNING AND ZONIGG L07,11) 10 FOMULATE IND PROPOSE 7110 Pin ERV1:TION OF LOCATIONS FOR PROPOSED • FUTURE STREETS; AMIENDING SECTION 2 -51 OF THE CODE OF OPI)INANCES TO REQUIRE THE COMPREHENSIVE P1,111 TO BE ADOPTED BY TAE CITI MNIISSION LEFORE BECOMING EFFECTIVE; BY ADDING T.-.'O NFa! SECTIONS TO CHAPTER 2. OF 7HE COD: OF ORDINANCES TO BE NUMBERED SEC7•ION 2 -53 iKOVIDING FOR RESERVATION OF LOCATIONS OF MAPPED STREETS FOR FUTURE PUBLIC ACQUISITION AND SECTION 2 -54 PROVID- ING FCR PEST &ICTIONS IN CONSTRUCTING BUILD- INGS IN FESERVED STREET LOCATIONS; PRO- . VIDIL'G FOF A SEPARABILITY CLAUSE AND PRO- . VIDING FOR AN EFFECTIVE DATE, BE IT. ORDAINED by the City Commission of the City of Cocoa Beach, SFlorida, that: SECTION 1: Section 2-4') of the Code of Ordinances of the City cf Cocoa Beach is amended by adding a new sub - paragraph thereto to be dr5- ignated (h) fni Losing sub - paragraph (g) thereof and to read as follows: (h) To formulate and prcpcce the reservatfcn c` --.'ions for proposed future streets in connection with the • preparation of the comprehensive plan or portions .thereof. SECTION 2: The existing Section 2 -49 (h) shall be redesignated (1) and shall follow Section 2 -49 (h) as amended herein. SECTION 3: Section 2 -51 of the Cede of Ordinances of the City of Cocoa Beach, Florida, is amended to read as follows: Section 2 -51. Lecal Status of Comorehensfve Plan.. Whenever a comprehensive plan for the area, or a portion of such .plan corresponding generally with a functional subdivision of the subject matter or a geographic subdivision of the area has been adopted by the Planning and Zoning Pcard and approved by the City Commission, then and thenceforth no street, park or other public way, ground, place or space, and no public building or structure shall be constructed, altered or authori2ed in the area until and unless the location and extent thereof shall have been submitted to the Planning and Zoning Board for a report . on its approval or disapproval, including the reasons therefor. Within thirty (30) days after the request for such report has been received by the Plannfnj and Zoning Board or within such other time limit as shall be agreed upon either such report shall be mado or failure of the said Board to act shall be deemed approval. The Planning and Zoning Board's . report may be overruled by a majority vote of the entire membership of the City Commission. SFCTION 4. There is added to Chapter 2 of the Code: of Ordinances • of the City of Cocca•Teach, anew section to be numbered Section 2 -53 and to read as follows: Secrion ? -53. Reservation of Wcation of dapped Streets for Future Public Acquisition. After adoption of that portion of the comprehensive plan involvirr a major street plan for an area, the City Commission . may direct the Planning and Zoning Board to make or cause to be made surveys for the exact location of the lines of a street or streets in any portion of ethe area and to mabc a plat of the territory thus surveyed, showing the land 'which it recr;nc.cnds be reserved for future accuisitioq fcr public streets. The Planning and Zoning Eoard before adopting ally such plat, shall hold a public hearing thereon with due public notice. After such hearing the Planning and Zoning Po,.rdmay transmit the plat as originally made, or modified to the City Commission, together with the Planning and Zoning Board's estimate of the time or times within which the lands shown on the plat as streets location should be accuired by the City. Thereupon by Ordinance the City Commission may approve and adopt or may reject any such plat, or may modify it with the approval of the Planning and Zoning board, or in the event of the Planning and Zoning board's disapproval of the modification, the City Commission T;rr, by a favorable vote of not less than four - fifths .(4 /5) of its entire membership, modify such plat, and adopt the modified plat. In the Ordinance adopting such plat, the City Commission shall fix the period of tiro for which the street locations shown on the plat shall be deemed reserved for future taking or acquisition for public use. Said period of time not to exceed. twenty (20) years. Upon such adnption, the City Clerk shall trar1s�ait for recording in the public records, one ap- proved copy of the plat to the Clerk of the Circuit Court of Brevard County .. and retain olio copy for the purpose of public examination. Ord. j,'301 2 _ Such approval and adoption of a plat shall not be deemed the opening or establishment of any strt•et, nor the taking of any land for street purposes nor public use, nor as apublic improvement, but solely as a reservation of the street locations shown thereon, for the period specified in the ordinance of the governing body for future taking or �. acquisition for public use. The Planning and Zoning Board or any other official or agency of the City ,::ay, at the direction of the City. Commission negotiate for or secure from the owner or owners of any such lands releases of claims for damages or compensation for such reservation or agrea.rents indemnifying the City for, such claims by others, which releases or agrer.acots shall be binding upon the owner or owners ex- ecuting the same and their successor-, in title. At any time after the filing of a plat with the Clerk of the Circuit. Court or, . other recording official, and during the period spec- . ified for the reservation, the Planning and Zoning Board acting upon the instructions of the City Commission, end the owner of land contain - ing a reserved street location may agree upon a modification of the location of the lines of the proposed street, such agreement to include . a release by said owner of any claim for compensation or damages by reason of such modifications; and thereupon the Planning and Zoning Board may make a plat corresponding to the said modification and.trans- mit the sane to the City Commission and if such modified plat be ap- proved by the City Commission the City Clerk shall transmit for recording an approved copy thereof to the Clerk of the Circuit Court and said modified plat .shall take the place of the original plat. After obtaining recommendations from the Planning and Zoning Board and holding public hearings with due notice, the City Commission may, by ordinance, abandon or amend any reservation and shall certify such abandonment or amendment to the county clerk or other recording official. SECTMI 5: There is added to Chapter 2 of the Code of Ordinances of the City of Cocoa Btach, Florida, a new section to.be numbered Section 2 -54 and to read as follows: Section 2 -54. Buildings in F.cserved St -reef Locations. After street locations have been reserved, as indicated in Section 2 -53 of the Code of Ordinances no building permit shall there- Ord. ?3FI - 3 - P. s after be issiti-i for eonetructicn or alteration of any building in Ch,, bed of any such :trcet, nor shall any building be in the beel of any street, nor shall any building be built therein; provided, ho-..,,ever, that if ti:c land r:itiiin such rapped stroetis not yielding a fair re- turn . on ice va'.uc to the oomer, the Planning and Zoning Board shall Ohave po : :er in a specific case by the vote of a majority of its members to reco.. :,end to tf.•_ City Co ;rmission that a special permit be issued for a building in rush street waich will as little as practicable in- crease the co:.t.of oponing such street or tend to cause a change in the com;.rehensivc .lam, suci, board r., --y reco=erd reasonable rccuire- ments as a condition of granting such special permit. Before taking any actio. autho :•i.z•_:! i:i thir Sscticn, the Planning and Zoning Board shall hold a public hea..Lq, and with due public notice, at which Parties in interest and others shall have an opportunity to be heard, Sand theveafter th= recc: :mendat +ions of tine said board shall be submitted - to the City Cc. :a :.i_.:ion for determination. - SEC110:: If any portion or Portions of this ordinance are field to beunconstiluticnal. by a court of cc-.aoetant jurisdiction such holding shall nut ar`ect tine remair.ing portions hereof. SECTION 7: This Ordinance shall taco effect immediately upon its adoption. ADOPTED at a alar Meeting of the .City Commission of the City of Cocoa Beach, Florida, this 27st day of October, 1971. Mayor - Commissioner 1i ATTEST: rl City Cler, First Reading: October 7, 1971 • Date PPstC. af• r:•st P_. :ding: October 8, 1971 Second Rea,iinl:�10;••-oho :• 21, 1971 Date Pc":" ,iftc R,',i:ing; October 22, 1971 Ord. 1-387. - 4 - ME M O R A N D U M/ TO: Planning & Zoning Board, City of Cocoa Beach FROM: Brevard County Planning Department SUBJECT: .Information on Mapped Streets DATE: October 1, 1968 The following information hopefully will clear up conversations recently held concerning the reservation and acqusition of street rights -of -way via an officially adopted map. LOCAL PLANtii NG AD:d Jill STRATION, a publication of the international CJt'/ managers' Association has the following to say. reg 9 napped Munici al Maooed Streets Act Not all states have adequate legislation for the prevention of buildingin the rights- of- walitf mapped streets. Such laws enable the municip Y ® to preserve the integrity Of the master plan, and especially of the major street plan, by regulations er under the police power rather than by the tcostlietion method of eminent domain. By preventing of streets eebuildings s e city WilI not bedcompelleditoaabandon streets, Y or greatly modify the plans of proposed major street improvements because of new construction contrary to these plans. A municipal mapped streets act provides Police power building lines. When the city is reaiY to proceed with the openin9one. (excep tdasttreet light widening of an existing that is dedicated as part of land subdivision plat approval), it acquires the necessary land by gift, purchase, or condemnation. MaDned Street plats. A municipal mapped streets act normally Provides teat after the Flannin agency or city council has adopted a master plan or, the least, the major street portion of such a p planning agency may from time to time prepare plats showing the exact location of the lines of new, extended, widened, or narrowed streets. The city council may adopt such a plat, which may thereafter be added to the official map. The procedures to be followed in these various steps are spelled out in detail in the enabling legislation. . -Z- OfficialMan. Often official maps are adopted in the absence of a master plan, although ideally such a map should be preceded by a master plan, or at least the major street portion of a master plan. in essence the official map is a simple device. It is also one of the oldest planning devices in existence, having been used, particularly in New York and Pennslvvania, in the early 1800's. It is one way, but not the only way, to fix building lines. Lines of existing streets as well as widening lines along existing streets and future streets may be mapped. Sometimes power is given to map future streets in unincorporated areas outside the city. The purpose is to assure that buildings will not be built in the beds of mapped streets and that land needed for street widening and for future streets will be available at bare land prices. Authority exists under some enabling acts officially to map parks and other public open spaces, but this power seems to be little exercised. After the official map . is adopted by the city council, all streets on final or recorded plats approved by the planning agency are considered auto- . matically added to the official map. The city council may also, by ordinance, make other additions or modi- fications to the official map. Buildinas in Manned Streets. In order to prevent violations of the official map, the city council may provide by general ordinance that no permit shall be issued for any structure on land located between the mapped lines of a street as shown on the official map. it is desirable to establish setback lines by zoning rather than by official map since the zoning test for variance requires a showing that the landowner's particular situation is unique; the official map "variance" does not. Other Enforcement Devices. The city council may also provide by ordinance that no public water, sewer, or other public utility facility or service shall be rendered to or along any street unless it is shown on the official map. The city council may likewise provide by ordinance that no permit shall be issued for any building unless a street giving access to the proposed building is shown on the official map. The board of appeals is given authority to issue a building permit if circumstances do not require the building to be served by a street shown on the official map and if the issuance of the permit would not impede the carrying out of the official map or master plan. .. -3- In his book, PLA14NING LAW AND ADMINISTRATION, Philip P. Green, Jr., Professor of Public. Law and Govern- ment at the University of North Carolina, has made these additional ca mnents about the right of a city to use the Mapped Street Act as a planning tool. VIII. Reservation: the Official Mao STATE ex rel. MILLER v. MANDERS 2 Wis. 2d 365, 86 N.N. 2d 469 (1957) Mandamus to compel the issurance of a building permit. The defendants are the building inspector and the members of the zoningand planning board of appeals of the city ofGreenSay. Under the date of July 1, 1947, the common council of the city of Green Bay, pursuant to sec. 62.23 (6), Nis.Stats. 1945, by ordinance adopted an official map of the city showing.estab- lished and proposed streets, highways, parkways, parks and playgrounds. Later in July, 1950, the common council by further ordinance reaffirmed the adoption of such official map. On May 29, 1953, the relator Miller purchased a tract of land lying to the north of Velp Avenue in said city, which had a frontage of 384.17 feet on such street and a depth of 1330 feet. The southerly portion of the premises fronting on Velp Avenue was suitable as building sites for various businesses, while the northerly portion was low land which the relator hoped to devote to industrial purposes. Shortly after the relator acquired such premises he leased a rectangular tract thereof to the Clark Oil & Refining Corporation for a service station. Such leased parcel had a frontage on Velp Avenue of 200 feet and a depth of 100 feet, and was so situated 'that it left the relator with 92.17 feet of street frontage, to the west thereof and 92 feet of street frontage to the east. The city official map showed the location of a proposed street having a width of 80 feet extending in a general northerly direction from Velp Avenue. As a result, 80 feet of the 92 feet of frontage of relator's property located to the east of the Clark service station lies within the bed of such proposed street. On August 13, 1953, relator applied to the defendant building inspector Manders for a building permit to erect a drive -in- service lunch stand on a nearly triangular shaped parcel of his property fronting on Velp Avenue, which lies immediately to the east of the parcel leased to the Clark Oil& Refining Corporation. The building itself was to be -4- located on land lying within the bed of such proposed street. Manders refused the application, and the relator appealed therefrom to the zoning, and planning board of appeals. In his written appeal the relator challenged the constitutionality of sec. 62.23(6), Stats., and of the city ordinances establishing the official map enacted pursuant to such statute. After a hearing the board of appeals sustained the building inspector's denial of the application for a building permit. ® The relator then instituted mandamus pro- ceedings in the c ircuit court to carpel issuance of the building permit, in which the.constituionality of such statute and ordinances was again attacked. The circuit court determined that the statute and ordinances were constituional, and under date of April 25, 1957, judgment was entered dismissing the proceedings. From such judgment the relator has appealed. CURRIE, Justice. The issue before us on this appeal is whether Wisconsin's Official Nap Law (sec. 62.23(6), Stats.), and the ordinances of the city of Green Bay enacted pursuant thereto, are unconstitutional as being a • taking by the city of the relator's property for public use without just compensation. A comprehensive history of such statute is to be found in an article entitled, "Wisconsin's Official Map Law" by Joseph C. Kucirek and J. ti. Bouscher appearing in 1957 Wis. Law Review 176. Edward M. Bassett and Frank B. Williams, experts in the field of municipal planning, drafted the original official map statute enacted by the state of New York in 1920,. General City Law, Nc Kinney's Consol. Laws, c. 21, 26 et. seq. our official map statute, which was enacted by the 1941 Wisconsin legislature, was substantially copied from that of New York. As of the time of the writing of the article by Kucirek and Beuscher, thirty -three Wisconsin cities and villages had adopted official map ordinances pursuant to sec. 62.23(6), Stats. Among such municipalities is the city of Green Bay. Suhds. (a) and (b) of sec. 62.23(6) provide for the ado ?tion by the common council of any city by ordinance or resolution of an official map showing . existing streets, highways, parkways, parks and play- grounds, and also "the exterior lines of planned new streets, highways, parkways, parks or playgrounds ". Subd. (d) of sec. 62.23(6), which is the subsection with which we are particularly concerned on this appeal, reads: "(d) For the purpose of preserving the integrity of such official map, no permit shall hereafter be issued for any building in the bed of any street, highway or parkway, shown or laid out on such map except as provided in this section. * ** Any person desiring to construct a building in the bed of a street, highway or parkway so shown as extended may apply to the authorized official of the city or village for a building permit. Unless such-applica- tion is made, and the permit granted or not denited within 30 days, such person shall not be entitled to compensation for damage to such building in the course of construction of the street, highway or parkway. If the land within such mapped street, highway or parkway is not yielding a fair return, the board of appeals in any municipality which has.established such a board having power to make variances or exceptions in zoning regulations, shall have power in a specific case, by the vote of a majority of its members, to grant a permit for a building in such street, highway or parkway, which will as little as .practicable increase the cost of opening such street, highway or parkway or tend to cause a change of such official map; and such board may impose reasonable requirements as a condition of granting such permit, which requirements shall be designed to promote the • health, convenience, safety or general welfare of the community. Such board shall refuse apermit where the applicant will not be substantially damaged by placing his building outside the mapped street, highway or parkway." The first question to be considered is whether the enactment of sec. 62.23(6) by the legislature can be sustained as a valid exercise of the police power an the ground that it tends to promote the general welfare. One of the objectives of the statute is to pro- . mote orderly city growth and development so as to pre- vent the haphazard erection of buildings, and the installation of service facilities, which bear no relationship to future streets. There are practical reasons why municipalities, such as cities, should have the right to enforce such planning in advance of the actual acquiring title to the land underlying proposed streets in areas undergoing improvement and development. Tais was emphasized by the Now York court of appeals in Headley v. city of Rochester, 1936, 272 N.Y. 197, 5 N.E. 2d 198,. 200, in which it, was considering the New York .Official Map Law. We .quote from such opinion as follows: • 1] -6- "A statutory requirement that a city must acquire title to the land in the bed of the streets shown on the general map or plan, and provide com- pensation for the land taken, would create practical difficulties which would drastically limit, if, indeed, they did not render illusory, any power conferred upon the city to adopt a general map or plan which will make provision for .streets which will be needed only if present anticipations of the future development of the city are realized." . There would seem to be little doubt that an .objective which seeks to achieve better city planning is embraced within the concept of promoting the general welfare. 1 Metzenbaum, Law of Zoning,. 2d. Ed., p.. 484. A. broad reading of the recent decision by the United States supreme court in Berman v. Parker, 1954, 348 U.S. 26, 75 S.Ct. 98, 99 L. Ed. 27, is that the constitution will accommodate a wide range of community planning devices to meet the pressing problems of community growth, deterioration, and change. constitutional Law and community Planning by Prof. Corwin W. Johnson, 20 Law and Contemporary Problems 199, at p. 208. A second objective of sec. 62.23(6) is made manifest by the a£orequoted provision of subd.(d) thereof, that authorizes the board of appeals to grant a pornit to erect a building within the lines of a proposed street shown on the official map "which will as little as practicable increase the cost of opening such street." Such objective is to protect the financial interests of taxpayers of the City. This court has previously held that the protection of economic interests of the general public falls within the scope of promotion of the general welfare, and thereby affords a basis for the exercise of the police power. State v. Ross, 1951, 259 Wis. 379, 384, 48 N.W.2d 460, and State ex rel. Saveland Park Holding Corp. v. Wieland, 1955, .269 Wis. 262, 267, G9 N.W. 2d 217. In Vangellow v. City of Rochester, 1947, 190 Misc. 128, 71 N.Y.S. 2d 672, an action for declaratory judgment was instituted by the plaintiff property owners to have declared unconstitutional an ordinance of the defendant city enacted pursurant to New York's Official -Map Law. Such ordinance contained provisions similar to those set forth in sub. (d) of sec. 62.23(6), Wis. Stats. The New York court held that it has no jurisdiction to render judgment declaring the ordinance void until the plaintiffs had first pursued their remedy to obtain a building permit before the board of appeals. However, in discussing the right of the city to impose conditions in the granting of a building -7- permit within the lines of a proposed street, which would minimize the cost to the city in acquiring the property in the event of future condemnation, the court made this significant statement (71 N.Y.S. 2d at page .678) "Nevertheless, provided that it can be accom- plished without materially diminishing the value or usefulness of the premises, constitutional law does not prevent the City, in the exercise of the police . power pursuant to the enabling act, from requiring that the now building be erected in such manner as to minimize the damage thereto which will result . when and i£, in the future, the City shall decide to widen West Main Street." H/a r • § 1-57 ADMINISTRATION 4 1 -50 - assigning pn rt or all of the powcrs and duties do scvibeSL T1-Uc- tour. a•- 2C(1 - -51'i d'J;:5G) aliovc•in cmni,'Mi, with the- ptan�ninL ' • co-inir:i +ion to •ay, :.cie:: other than ills pL,mm•;, eommi�.sion, and • gov boil ice arc }�e'rcliy ctiil:o�:es'cd to male such assi�i�:aion of part or all of.such powers_apd,dutjes for the purpose of carry- ing out and enforcing the provisions of sections 21 to_2G 0 -51 - -- • 1 -56) in relatiolt to approval of plats and other matters contained ' herein. (Sp. Acts, Ch. 63- 11.14, § 27) Sec. 1 -56. It_F.SERV ATIOh' OF LOCATIONS OF MAPPED STREETS 1- }'Olt FU'1'li•I'.!< YU};L C: ACQUISITION. After adoption ofthat portion `t\� ,'• of ills emnprchensi•:c plan involving a mater street pL'nn for an area, 1 the governing body or bodies may direct the planning commission to 1'r A t -hake or cause to be made surveys for the exact location of the lines of a street or streets in any portion of the arcs and to n:altc a plat of • -t WC to rt itoty- thus- survcye d, showing the land which it recommends S�,tr • U—c rEFjIVea ror_fet,,i e acquisiitiiotY for public• streets. The 'anni::^ commission, before adolriing any such plat, shall }told rt,t a public hearing thereon with due public notice. r .After such hearing t}ne pl:unniug commission may transmit the plat ' as originally . —.0, -, or modified as may be determined by the pl, zrlrg convnicsiou, to tier gove:::ing bc•-y, together with t1:,: pla ••.irg ( lonnuis toti s estimate of the time o'r.tiriies within Which the lands (v ..{ Gp�aTown on thi "plat. as street locations should 1.e -r uued by the l I' goverttln� body. Ther —po•1 by, 0--c ialrc th.:•Eo,•, ^ir n, body inaY ��uch i , L aPl t oGc " ^ud adopt of .";%y sleet any Idat of m y m <�ir/ it with thc_•ipprov.,I of ti j? I., a in c_omM. iss(on; or a thr c, rt of �tiio i(i t ion, -(he t� the planning co:umission's disapp ro•: al hied ca Bove ruing body may, by a favoraLlc, vote of not less than two - thirds i1Nt of its entire_ membership, modify such plat and adopt the modified Si (. plaf -ln e ordinance adoong such 'plat, the governing body shall ' (lt••- tJ fix the period of tithe for which ti:e street location: shown on the ; .1 ` plat shill be deemed reserved for future tahing, or aceuis ition Cor ' public use. Upon such adoption, the clerk of the governing body } t , fr it R`. o 1 a N i�ri• I, 16.27 r, U BREVARD COUN -17Y CODE § I -58 shall tea ne. n:a one approved copy, of the plat to the county clerk or SR.rr Iecordini; official of the eout,ty in which the,plal[ed land is locatr•i ar:d retain one copy for the pur{ose of public examination. Such appruva and adoption of a plat shall riot be deemed the open- L, !ng or c:t;:blishumnt of any street, nor the taking of any land for street purposes, inor for public use, nor as a public improvement, •" but solely n. arc cr lion of the street location ho::n the - thc rod :... _., .. + _ _pc pecified nn the ordinance of the governing body for future takinr or anpri::itiou fo: public use. The*' f.,angiirg co rimi3?ifori;dr`tiny 6tTe official or ag ncy of th governing body may, at the direco Sn �"ty• of the L dy, ncgo t tc for or secure frorn the owner or J V,•� r owners of any such land:: rclentcs of elaiins`!e•i darnSgc`s or eom- = +•- ' pensation for ssu:h or agree,ncnts indcmnifying the l� • ir• ' goverr:in;• body frorn sue!; claims by others, which releases or a- r, r'. �•; greements shall be bindl::g upon the owner or owners executing the same and their succcssors'in title. Al any time after Elie filing of a plat with the county clerk or other recording offiri�l, and dw•ing the period specified for the recer- •l. �•'•aC ti:1_L'i:al the if:: Ir:1G t1 n: , of the govt rniug body, an:d •thcyo:vncr of land conta!ning a reserved street location may agree upon •a modification of the location of the lines of the proposed street, such agreement to include a release by said owner of any c!ai:a for cannpensation or damages by reason of such modification,; and thercupan the planning comn:iscion may m-'ke a plat corresponr?ing to the said modification and transmit tile same tq the governing body; and if such modified plat be approved by the governing body, the clerk of such body shall transmit an approved copy thereof to the county clerk or other recording . official, and said modified plat shall take the place of the original plat. After obtaining rccontrnerdations from the plamling commission and holding public hea. ings with due notice, the governing body may, by resolution. abandon or amend any reservation and shall certify such abandonment or amendment to the county clerk or other recording official. (Sp. Acts, Ch. 63-1149, § 28) Super. No. 1 1L. 28• § 1 '9 ADMINISTRATION . .. S 1 -61 (Sec. 1 -59� FSUII,DINCIS 177 FUiS1:RVFSD REE1' 1,OCA1'IONS. I• r+'( Lt �• J_ LfrcTt thi loc.uiuns have Lcc•n reserved, as incii cited in section 2.0'. i .•t« (i3o) of ibis act (article), no building permit shall tl,w•caflcr be' r issued for 1uI`- tt'uetiO;I or alteration of airy Luildin;; in the Ltd of any, •� such•st noel, twr sh:al any build(pg, Lain the bed of any such street nor chill auj••Leilding Lc built thcruin; provided, hmv wer, thatlfl e C 1•r.nd %vit),in ::uch it ,pped street is not yielding a fair return on its value Co plc of nee, the planntng. connnt ton sh 1l h tvc power in a specific c c L} th :c c of Zia jotity of its rnembcr. to rccui,iinend •..lto LLc Lo ; ri ui� Lour t" at o li ci tl ;permttl>c- issucil foi• aTiu'iic7;itg : /: %to ststich_rtt c t which will as little ac pt arttcablc iucrc sc the cost of oltmim, ^, st cL .,erect n. tend to eauiea •change- intLeeotrijirehen e`fva 1} Y''• • IY plan, ,, ^.nd :;itch commission may recommend reasonable requirements y'f ''•1 i as A. eondetion of granting such special permit. fleforc lalcing -aiiyy �R,Ir •t'ti '" action autLuri::cd in. this sect }oa, the plrnuing.comt hol tlission sh lj• d a pot ht Ica_it with clue- •public notice, at arbtch jparties in V �J t.r., c r -" uticre:4 : t d o het s Shall h ^.vc n q•»oriunit u prd,.aud.thel:o- t after the tecom.n upd.atons of the commission shall be submitted to �;p• 1,6 :the govcr:dmZLoc"�•` -(Sp. r etc -Cie: L3= 772', §-2q)'-'-^""� prtirl /Ct ,7, (.l Z/ };f�tpU3iCF:�!T;I�'1' OF_011llli•lAIdCES OR I;EGULATIONS I) (ibi,l f•'fr''i PASSr.0 UiQIY.; ?( '1'1;15 :.C'1' (ARTICL ) L}: G:1L I•,= I;OC)Ca}iWS, The govc.rnen Lu ;l y o' ,ny are, shall provide by ordinance for the cn- J) .-, i- ,•foreenunt of any ordinance or regulation made under the provisions ] /r�t•"'`� of this .act (article), and the !-,roper authorities of the governing body. 1 I. �' t of such area may inslit4tle any appropriate action or proceedings Co 7., b• prevent or penalize any violation of such ordinance or regulations. (Sp. Acts, Ch. 63 -1 M4, § 30) Sec. 1 -6I. YOP: } :f:S GIt:.:•71' }:D IN 1111S ACT ( ARTICLE) SUPPLE- 'All AND CU' .!U L;t 1'1 V }_ This act (article) shall not Le Construed TO have Chu cficct of repeali:i�, impairing or modifying any general or special 1,1%v concerning the subject matter or this act (article) or any part thereof, but the powers herein granted shall be supplemental to and cumu- lative of such other general or special law, (Sp. Acts, Ch. 63- 11.44, § 32) Supp. No. 2 16.29 aye( qq L QRDTNJdJCR NO. 16 -72 ;�N !' .N? ?U•Y•CF \.MENDING AN ORDINANCE REGUL- ATING TNIE LOCATION, CONSTRUCTION, SIZE AND M NIT IUNCE OF SIGNS, ETC., ADOPTED MARCH IB. 1965, SY !it'ALIF'YING THE EXCLUSION OF C ITAIN STUNS, BY PROHIBITING SIGNS ON ROAD k7:T11T.CF -WAY: UY MAKING PROVISION FOR POL- ® 11'Y, -AL SIMS ON VACANT LOTS WITH CERTAIN RESCRTCTI�NS; PROVIDING AN EFFECTIVE DATE. WHEREAS it is in the interest of the health, safety, and welfare of the citizens of the City of Cape Canaveral to reaulate the erertion of signs which detract from the aesthetic beauty of the City, which restrict the removal of undesirable vegetation from the road right -of -way, and which disassemble . and are blown about the City during storms, and WHEREAS candidates for public elected office do have a Sright to inform citizens of the community of their suitability for the office. BE 11' ORI' -AINED BY THE CITY COUNCIL OF THE CITY OF CAFE. CANAVFRAL, FLORIDA, THAT AN ORDINANCE REGULATING THE LOC- ATION, CONSTRUCTION, SIZE AN!, MAINTENANCE OF SIGNS, TEC., ADOPT- ET) MARCH 30. 1965, AS MENDED BY ORDINMNCF. NO. 22-71. IS AGAIN ANEINDE!7 AS FOLLOWS: SEC'riON 1. EXCLUSION OF SIGNS DUALIFIED. At Section 2, Subsection A. the sentence "The following signs are expressly excluded from the oreration of this Ordinance" is amended to read "The followinq signs are excluded from the operation, of this ordinance unless hereinafter noted." SECTION 2. SIGNS ON RIGKr -OF -WAY PROHIBITED. At Section 3, Subsection B, the entire contents of said subsection are deleted and replaced with the following: B. SIGNS ON RIGHT -OF -WAY PROHIBITED. Except for signs which are the property of the State. of Florida or of the City of Cape Canaveral or which warn of a L- -n vary physical danger in the vicinity, no sign shall be erected, posted, painter, tanked, nalled, or otherwise . placed or locate(' on or above any road right- expense. (e! r.xlsting signs on vacant property shall remain until t1;r•V are remOve� or fall into disrepair. A sign is in ,119repair when so determined by the City Building of -way or other property of the City of Cape Can- Section 2 notwithstanding. All signs in ,averal, violation of this subsection will be immediately removed Lv the ',ity at the owner's expense. SECTION 3. SIGNS ON VACId7T LAND GENERALLY PROHIBITED. At section. 3, Subsection C, the entire contents Of said sub - sectior. .ire amen•led to read as follows: r. SIGNS iN VACANT I,Af1D GENERALLY PROHIBITED. (a) No signs except real estate or political signs shall be*r�rected, posted, painted, tacked, nailed, or otherwise placed or located on or .above any vacant lot Or tract of land. A real estate sign shall be any sign used solely for the sale Or lease of property on which r' ® the sign Is located. A political sign shall be any sign used solely to present informatiOn suggesting a candidate' suitability for elected public office. (b', i'nlitical siqns shall not be. erected prior to tt rand i.,'ate qualifying for office and shall be removed with. in five (5) days followin❑ the election in which his name appears. (r) A real estate sian shall not exceed five (5) square feet it, size. A political siqn shall not exceed thirty -two (32) or be less than five (5) square feet in size. :JO rardboard or paper shall be used in the con- struction of any sign except as a Paper fare if it rests entirely On a one -half inch or thicker wond backino, and is securely attached to the backing by an adhesive Over tl.e entire surface. (n) All Signs in violation of paragraphs (a), (b), and (r-) above will le immediately removed at the owner's expense. (e! r.xlsting signs on vacant property shall remain until t1;r•V are remOve� or fall into disrepair. A sign is in ,119repair when so determined by the City Building Inshertor at his discretion. When a Sian is so cet ermined to be in a state of disrepair, the City shall 60 notify the sign owner and property owner of the existir.q conOition; and if the sign owner or property owner fails or refuses to comply, the City may remove • seie Sion with all costs to be borne by the sign owner or property owner. The procedure to be followed by the City upon dntermination that a sign is in a state of disrepair shall be the same as the procedure established in Chapter :QII of the City Charter relating to "Abate - ment of Nuisances." (f) No new billboards shall be erected in the City of Cape Canaveral, Florida. Any new billboard • erected in violation of this paragraph shall be re- moved within 48 hourn of notice to the Sion owner and property owner. If the sign owner or property owner fails to remove said sign, the City shall do so at the sign nwner's or the property owner's expense. SECTION 4. FROVIDINO FOR AN EFFECTIVE DATE. This Ordinance shall become effective immediately upon adoption. ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA THIS 3rd DAY OF OCTOBER, 1972. Mayor l.. City Clerk Sponsoring Councf lman Cit • l.t tpr� ne —� - -- S Y First Reading: 9 -19 -72 i Second Reading; 10 -3 -72 POSTED; 9 -20 -72 ORDINANCE NO. 72 - AN ORDINANCE REGULATING THE MAXIMUM NUMBER, HEIGHT, SIZE, LOCATION, SETBACKS AND LIGHTING OF SIGNS IN ALL ZONING CLASSIFICATIONS IN BREVARD COUNTY; PROVIDING DEFINITIONS; ESTAB- LISHING EXCEPTIONS; PROVIDING ADDITIONAL REG- ULATIONS FOR AU AND GU ZONES AND NON - CONFORMING SIGNS; REQUIRING SIGN PERMITS AND THE ISSUANCE OF TAGS FOR ATTACHED, FREESTANDING AND BILL - BOARD SIGNS; PROFIDING FOR CONFLICTS IN REGU- LATIONS; PROVIDING PENALTIES FOR THE VIOLATION HEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Brevard .County anticipates future growth and development, and WHEREAS, it is necessary to provide and control for such growth in an orderly manner, and ® WHEREAS, the proliferation of signs of various sizes, shapes and structures within different zones has been inconsistent with such orderly growth, and WHEREAS, the .erection and maintenance of various signs without limitation or regulation has despoiled the landscape, littered the scenic view and interfered with the natural beauty of the Florida environment, and WHEREAS, the preservation of Brevard County's scenic beauty is indispensible to attract tourists and industry and provide for the economic well -being of Brevard County residents, 1 and WHEREAS, numerous signs along busy highways have constituted a traffic hazard by distracting the attention of drivers from the hazards of the road, and WHEREAS, the proliferation of numerous and many signs without regulation would endanger the health, safety and welfare of the citizens of Brevard County under adverse weather conditions such as tropical storms, and WHEREAS, the Board of County Commissioners after due deliberation and study find that it is necessary for the health, physical and economic welfare of the citizens of Brevard County and to safeguard the aesthetic beauty of the lands located in Arevard county. TIM AOARD OF COUNTY NOW TIIEREFORE IIE IT ORDAINED BY Ti .COUNTY, FLORIDA, TI'NT'- County. Code CONNISSIONERS OF IIRE VARD ordinance of the IIrevard Code is A new Section 1• , Of the Brevard County ' to be designated as ��" • hereby. ated to as follows dop , i 1 it 1 i P t i f aTM, DEFINITIONS: Building Roofline - That point at which a structure's walls and its roof are attached. Building Roof Peak - The highest or uppermost point of a structure's roof. Business Establishment - Any establishment doing business under a common ownership or control. Commercial Structure - Any .separate freestanding commercial building which may contain any number of business establishments having a common roof or facade. • Expressway - Any highway with limited or controlled access which has at least four lanes for traffic. For the purposes of these regulations the following highways are specifically designated as expressways: I -95; the Beeline Expressway, the Bennett Causeway and the Pineda Causeway. Licensee - The person holding . a. license or written permission for some specific purpose. Permittee The person in possession or having beneficial use of property. Sign - Any device or display consisting of letters, numbers, symbols, Pictures, illustrations, announcements, cutouts, insignia, trade- marks, or demonstration; designed to advertise, inform, identify ® or to attract the attention of persons. A sign shall be construed to be a display or device containing elements organized, related and composed to form a single unit. In the event material is dis- played in a random or unconnected fashion without organized relation- ship of the components, each component or element shall be considered a single sign. A. Attached Sign - Any sign painted on or erected parallel to the face of the outsioc wall or roof of any building and supported throughout by such wall or roof. (see diagram) D. Banner Sign - Any sign having the characters, letters or illus- trations, or ornamentations applied to cloth, paper, plastic or fabric, including pendants and wind operated devices. C. Billboard Sign - Any sign advertising a product or service, including entertainment or candidacy, which product or service is not available for sale or performance at the place where the sign is located. D. Directional Sign - Any sign0for public direction or information containing no advertising or commercial identification of any product or service. E. Double -Faced Sign - A sign with 2 parallel or nearly parallel faces back to back and located not more than 24 inches from each other. F. Flashing Sign - Any sign which contains or uses for illus- tration any lights or lighting device or devices which change color, flash or alternate, shows movement or motion, or changes the appearance of said sign or any part thereof automatically. G. Indirectly illuminated Sign - A sign illuminated by an external light source. Ii. Freestanding Sign - Any single, double faced, or cube sign adver- tising on site sale of products or services. such signs are not attached to or painted on a building but are permanently affixed to the ground. (see diagram) I. Internally Illuminated Sign - A sign whore thn light source is concealed within th. sign visible Lhrough a translucent surfare. J. Portable Sign - Any sign which is moAleand not securely and permanently attached to the ground or a building. K. Real Estate Sign - Any sign advertising on -site real estate for sale. L. Neon sign - A sign illuminated by a glass tube bent into forms to produce letters, symbols and other shapes. M. Shingle Sign - Any sign erected perpendicular to the front wall of a building attached to the wall or the underside of any over- hang connected to and supported by the wall. ® N. Time and Temperature Indicator - Those electric signs which periodically indicate time and /or temperature changes only. O. Construction sign - Any sign indenttfving onnite construction and any future development to occur on the proporty on which the sign is located. P. 'Entrance Sian `- any sign identifying a subdivision or other . large development and located at the major entrance point or points to such development. Sign Surface Area - The area of each sign surface computed bycalcu- lating the area of the circle, square or other gnomatricdesign re- quired to enclose the letters, insignia, or other information placed upon a wall or freestanding sign including the border when designed as an integral part of that information. Only one side of the double- .. faced signs shall be calculated in the sign surface area. (sen diagram) Total Sign Area - The sum total area of the separate sign surface areas. - 0 • - •NO ....... In exceed the be p,mit P 19n��.c,Pn, ^5Vd uWlt^ wau[•Z mit �g :,q EF n/e. P.c !n •An. lnll uj P.tmltted. ZGNC9 TR -1k pU- 3 -T /11 RR -1 SU 1 BU -3 TTP TRC -1 RP11 H -1 TR -Z IU /IU -1 PIP. AU GU ZU/cU -I W -7 RV -I -1S RU -] BU-A I, pe mitaed Sign. A• Un1e., oth.mi,, specified, , e than 1 eLgn Pe[ lot Z. —h .gory hell b.' pe mltted. p p P %h xh P P P P P P ^ p Z^ Y^ F x ^• A. Plllbohad Sign %^ %^ %n x^ x^ x . Y^ x1 %1 S. a..I %et.t. Sl9^ %^ x^ xh Y�' It• � Y• � P P C. P[..stendin9 Slgo Y P %o %e A. d Ad xd xd '. xd P P P xi. Y1 % P %o Yd % 1 Y1 Z1 xi V. Att.eA.d Sign 1 = % 1 / % Y x.. xi %1 P. Y9 E. [oneerucclon Sign % Y x P p P P x9 x9 p P. P Yg P P P T. Cnt..... Fig. I[. ar.nlb-4 Fl— l A. p„tnb^e[Slign. not and APPLIES T'U ALL ZONING CI.Ax.1FICATIGNS .M C, tIt.13Y nnr -o el ttedt lncI. —Y but P p ... It., wd to.".an$hg gne, b.nner .lgne,. P P p p P P Letter. •. xA-Qvh •1• Inat.... footnote, at .ad of Osdlnenw. 0 • • TR -1 7� RU- 1-7/13 PR -1 BU/EU -7 RU -3 JUl -7 -I5 RV-] BU -1 -A BU-1 BU-7 siP sAC -1 "A R -1 SR -) IU /IU -1 1 PIP AU dl M. Si l, o[ Slant. •lasl— •ur lees • e• S o[ Pa Witted sign In •genre /,et/height of P •750/10 P P P 750/10 P a/9n In lee t. A. Billboard 6lgn 750/10 750/10 P P P p P i/S L/S 70/35 ]0 /15, 70/17 10/15' 40 /15 70/10 6/5 !/S 10 /1S' 10 /15 B. Real rates. Big. 40 /35 10/15 10/30 P P f 110 -(: et /10 (r 10 /3S P 70/15 70/15 70/15 70/70 P f /10, f /10 C. lnaat•ndln9 Sl9n. D. Attached Sign 10/15 `10 /13 30 /15 20 /5 30 /5 10 /75 10/15 , C. COnatrube lan 619n 70/5 70/5 30 /5 .70/15 ,70/15 30 /13 30 /15, p 60 /1S 10/10 p' P' P P p p p 10 /30 10/10 _ !. Cntrann 519n P P IV. Stan 5e tbacka - . A. All igns %hall be • et bsek at Mast tort ^ CrcA cne oun7in claht- nf•raY. 9511- ' board .lqn. on rroo` .dj.1 •e•nt n d1 Inln9 �S : "1y 15�. .. 15 1 a.11• isiS' .:15. la: 13 asPrenarya Wall be • t bfek .-t lna than SO feet trams 1S 1!'- t'1S'. '•1S ..•1S r, ' NusignS -0[�q Y•nat 1 1 a- ' T0. -1 AU W LWRV -] RV -] AU -2-151 AU- ] LV-1 -A 9U 1 11F2 TTP TACO AN N -1 SR -] WIU-1 PH V. S1w Lighting. A. Lighting to a. for „ lndircctlY illunlnated algnt the 11 be shaded ultn a opaque MtLItt IN ALL IWIYO CLABSIlIGT70NB shade end dl[e cteJ to la to ,W.ce n o 1 91. re o oaJ +nya, ttroe to aurrowdln9 YroPartiva. t. In" "c" and lost rosily '� [aged, and signs Mull ," 1 I'nated by neon Il [eta oc Lan bulbs anall -C eaJ toot candlaa ] ] 1 1 1- ] L L 111 :9-,t any Prop- er tY ilne. unero Props cty 2 . 7 � ] ] � ' 3 ] 7 ] sbuta a elatntlel aorta such lllunlnatlon ahall not ... foot eandlu. at tho g:identla! pro- PrltY l(nt. •. � • VI. Sl9n Lcceetlona The rnllw 1'9 '1— mall be these t... vleuelvl tl 1—". A. Nara rill tlgn., taL lets, , Er rl...... o r al utldlVgt and ion, hen In. lua a: III guars la at o Itatrin APPLM IN ALL i9NIMG QJ�tti P]G7IONt tI.. and a cut into any Cw+nn rY taarol no jjjjMMMM f+ oNerrlbla lncovb Wt1bl. tar Ll. ' t AU -1 -7/13 TA -1 -1 7PC -1 AU Oil . /DV -1 W -i PV -i -13 AV -3 DV -1 -A Du-1 DU-1 77P lUl'IVI'1. TA -] SV /iV -1 PIP afar and to Z in tesrin9 only pt: po[t)• nu-be>(s, np` r ALLOIr[OSM ALL LOSING CIASSIFICATIONeti or .1h.r its o Pre se other it n.atron 11 P enlala far n - e+rclni Purposas.o" a C �91on� "info %tionsl ll _ or dire etion sl brgne erected regal red by gove mrentsl ALLONCO IN ALL SON ING CLASSIFICATIONS badlas. X o. flag• and Insight. of shy govern...[ ubdM.I.., a genc y ALLOWED IN ALL SON [NO CLASSIFICATIONS C, Tralllc and 1111[ - hir./oal algna, rsllrosd crossing .IInn nn•1 li•,r /,n r••tY 11 tlPnal alYna. - ALIONSOlN )LL IONINO CLASSIFICATIONS T. Prlvrt. direltlanal sign. "mLt- 4- "It inn. tAan r an c.X % r.1 an r k % % vlded such 9ns net ur_htn the road right -of- C. Signs denoting rest antrmc, to the banding fro. on alts p. rslnq ar .. Provld.d such I P 'i ► P S X i X P P Oyu. nne.�t•in -� craw an., .'m a % X i �. t .. 1 TR -1 _ - TSC- R - IU /iU-1� ■IP PPM 1 TX-3 RU -1 -7/17 HV1 -A HV•1 HU -7 TT P %WLU'7 P I-] RU -7 -13 RU-7 AU Ou y, Signs daae90 slog tl'o el alt +tamp. % ,P. ! r trr ua [ tr•11n9 arch on tho ..... T _ p % % % - ■ redlt Provided —h stone •ra ,fflvnd p p % �- to the treo.tnndtn9 C •rc •n into ■•. p H - tl7n • sign, Per- of they f tee+tanA ln9 are -lane H90 .herd Per ehA o[ t h shell u. [ootagu calcul •t.,1 aatpart9 of tna t'1. tal for ae Perot tied f[eettendtn9 et9n• p % T % ■t ■ n.. ovl eA that i. PRt n91. •19 er n n !' ■ p T p p % - + It— Provld ,b-,-1 t LRit p p �' eh P S9^ `o«ien r6 end ,t VU^d do feet `n surfaced not to a Land oe•Yond N. , enda .ldet of the eenoPY to vhldk % the aW t+ actaenoA. %. P T T ]. Ll IracstanAln9 signs sd- T p p T % % ve teltc t rvl eat or oro in. % % p ducts avallnhlo nt en to.... o n.Fra+ti.•Y t^ coin ain'l o' a��lue 1 aP ^Ivlvn or t�•ctlnter'thannn� ' } p[n•• +aA .1 ...t I— the rn eetehangn rl9h e- of - +•Y lln +. . +th set• .n •I1 0• aonole ■ ) R. 61e9m or ln•Ig nl• .tt•Inea tn•t n. • p p tlgne Provl A..d _ n•11 of etch .tan.. eo. t•L t�l �liwrw NA•�.�' '. ' !er •tuN•d alpn•. r 0 0 t E t E AU- •' • AU OU L. One ir e emetmdlnV flan ;7/13 M_1 2U /GU -I 10 -I AU -I -17 RU-3 eU•1 -A A0 -1 Alhl 1'fP SA -1 TW -1 M M -1 22-1 Iu /iu -1 PIP 14 coOJ lt Ne :• la Of la1m m r elapro- d pro- 1[ d"" d"" le A P P, P, utl l(xcd tot beta 9r1- rl- eulturo end ref !dance. P P ' ■. e1llbonrA f(qv a eedlnq - fnnxenceo tnctinca - prov(deA fu ^h el9'. e ar on . Por^ervy a ]a ecntf ^ e. d -act t he he &, ,hack 4ulre -ink of 1 tent, Su c1 9 .1 1 ac el net he, 1, 600e.1usreleet In facet .0 face e , x] feet In %eight, end X• A• A P T P P. P .•x• S p D P T •h ell in n vey he -111-1 - to r r tent addI D. A'• ti—I ....nape r�l tied P lot. _ N, Tlna end Tenparetura IndLc.- eMttlonal Ran I tl tarot ...... .net' M In tarp !q eli .pp1le.Dle � mno. . r 0 0 t E t E A. It shall be unlawful for any owner, permittee, or real estate agency to fail to remove any sign after ten days which advertises business, real estate or products no longer conducted, available, or for sale on the premises. B. Attached signs shall be.placed only on the front facade and shall not protrude above the roofline or beyond the side corners of the front facade or project out more than 2 feet from the wall surface. Siqns may be placed on front roofs provided such roofs am parallel to the front building facade or sloped not more than 200 from parallel. Such signs shall be supported throughout by the roof and shall not extend above the roof peak. C. Non - conforming signs in all zoning classifications shall adhere to the following provisions: 1. All signs which are not permanently affixed to the ground or attached to the roof or wall including but not limited to banner signs and portable signs, which have been erected prior to the effective date of this Ordianace may continue to be maintained until. 1972 (6 months). 2. Permanent signs which have been erected prior to the effective date of this Ordinance may continue to be maintained until 1977, (5 years). Thereafter, unless such signs conform to the setback, number and oca-I tion provi�ons of this Ordinance they shall be removed. If nonconformance can be eliminated by the removal of one sign, the sign which has been erected for the longest period of time shall have priority. D. The posting or displaying of all attached, freestanding, and billboard signs shall require a sign permit issued by the Building and Zoning Department. The application for a sign permit shall set forth in writing a complete description of the proposed sign including the following. 1. The size and nature of the sign; 2. The location of the sign in relation to the permittee's property and principal structurenj 3. Whether the sign is to be electrically lighted and if so, the type of lighting to be used; +� -9 4. The material of which the sign is constructed; F 5. The name of the person who is to erect or construct the sign; �.. 6. Drawn engineering specifications as required by the Building Department for billboard and freestanding signs insuring compliance with the Southern Standard Building Code; and 7. The written consent of the property owner or his designated agent on whose property the sign is to be erected E. The Zoning Director, at the time of issuance of the .permit required, shall also issue to the applicant a tag which j_ -•� shall be printed or impressed thereon the following: "Brevard County Sign Permit," the number thereof, and the year of its issuance. ' Nonattached, freestanding or billboard sign, unless specifically exempted, shall be erected or displayed which does not contain such tag securely attached to its surface or supporting structure. ! It shall be unlawful for any owner or permittee to erect or maintain any sign in any unincorporated area of Brevard County without having a duly executed Brevard County sign permit attached. 1 VIII. Conflicts of Regulations E All numbers shall be construed to represent maximums allowed in any zone unless otherwise attached. i IX. Separability Clause ' In the event any clause or provision of this ordinance be declared by the Court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance as awhole or any part thereof, other than the part so declared to be invalid. X. This Ordinance shall be effective upon adoption • 0 FOOTNOTES a. One sign shall be permitted as the principal use for each lot and 1 sign for each additional 500 feet of property frontage. Distances between such signs shall be at least 500 feet. No billboard sign shall exceed 50 feet in length. No billboard signs shall be permitted within 660 feet of any residential zone (RU -1, RU -2, RU -3, TR -1, TRC -1, TR -3, ED, ) RR -1). Billboard signs which setback 660 feet from any expressway must have a minimum 1000 feet spacing. b. Attached signs shall in no case exceed 258 of the total surface area of the wall or roof to which it is attache k c. Only allowed for churches. d. 1 sign per apartment complex or business establishment on an• interior lot -or 1 sign facing each thoroughfare on a corner lot. e. One freestanding sign per commercial structure or apartment complex on an interior lot or 1 sign facing each thorough- fare on a corner lot. f. The total sign area for each freestanding sign shall not exceed 1 square foot of surface area per lineal foot of property frontage on an adjoining road or street. In no event shall the total sign area of freestanding signs exceed 200 square feet of surface area. g. 2 signs per subdivision or planned industrial park. h. One sign per interior lot or 1 sign facing each thoroughfare per corner lot and one sign for each additional 660 feet of property frontage for large ownerships. i. Signs shall be permitted during period of construction only. The end of construction period shall be marked by either the issuance of a certificate of occupancy or the stoppage of construction for a period of 30 days, whichever is shorter. j. One freestanding sign and one attached sign is permitted. k. For churches only, (where allowed) L. No neon and bare bulb lights permitted. • ATTACHED SIGNS $VAPWS L M TOTAL ._ (900I„ JAN R_LS SIGN .. PAINTS. AJT'f PA4T AREA ]on6 t cs=ua� i� 1ml SINGLE! SIGN GROUP SIGN FREE STANDING SIGNS /r7 MEASURING SIGN SURFACE AREA COOKS ' OGPNRTM@�`�T OTOPC / r/ / // // r / 1'11 r11// / I �I ORDINANCE NO. 45 t AN ORDINANCE TO PROVIDE FOR THE LOCATION, NATURE, INSPECTION OF, MINTENANCE, PEMIITS R1.%)DI.RED, EXCEPTIONS, FEES AND TIIE IIOND OR INSURANCE POLICIES REQUIRED FOR SIGNS IN THE. CITY OF SATELLITE BEACH, FLORIDA AND PROVIDING FOR PENALTIES FOR VIOLATION TIIEREOP. ® I - DEFINITION,: (A) "Advertising Sion" shall mean any writing, printing, picture, painting, display, structure, emblem, drawing, sign or B imilar device intended to invite or to dra•.r the attention of the pub lic to any goad::, morchandiso, property, real nr per:mnul, husine. ^.s services, enterta ilien L, amusement or manufacture produced, bought, sold, conducted, furnished or dealt in and by any person which is posted, painted, tacked, nailed Or otherwise displayed outdoors, on real property, and includes any part of an advertisement recognizable as such. Signs used for religious, ® political, (:haritable, or educational purpose:; shall be included in this definition Of Sign^ for the purpose of this ordinance. (D) An "Advertising Rillboard" is defined as any sign in excess of three hundred (300) square feet, or which 1clvertises or conveys infor- mation concerning products or services that are not offered for sale on the premises upon which such sign is located. II - GENERAL CONDITIONS: (A) NO sign ::hall create a traffic or fire hazard, be clangorous to the general wolfaro Or interfere with the fro, u::e of public St.rccLs or sidewalks. (Ii) No sign rhall display any statc•memit, cord, character or il.luBtration of an Ohncene, indecent or immoral. nature. (C) l4,Ods shall . be kept cut in front of, underneath, and .around the base Of ground signs and no rubbish Or debris shall tic permitted so near thereto thht the same shall constitute a fire hazard. (D) No sign shall be attached to or placed -against a building in such a ma7nler as to prevent ingress or egress through any door or window . of any buildinq, nor shall any sign obstruct or be attached to a. firo escape. (E) All neon and electrical sign:: shall he installed in compliance .with the electrical code and shall. be subject to inspection and approval by the Duilding Inspector both . before_ and after installation. Paqe 2, Ord. No. 45 Lighted sign:; will be authorized only to Che extent approved by the C it, y Connc i.I. '(P) All signs approved and erected within the City shall be maintainnd so sea tint to be unsightly nr drtract from t:ho beauty of the City, and so as not to constitute a nuisance. III - EXTS'I'iNG SIGNS ALTERATION OR CHANGE OF LOCATION: No sign now ® c::isting shall be materially or substantially altered or repaired, or its location changed, until a permit, as provided in Section IX hereof, has (^ been obtained for such alteration or repair, nr the neai location has been ;reproved by I.h., building Inspector. TV - SIGNS ON STREETS AND SIDDIALKS, TREES, POLES, ETC: (A) No per:;on shall paint, paste, print or nail any banners, sign, paper sign or any advertisement or notice of any kind whatsoever, or cause the same to be ® done, on any curbstone, flagstone, pavement or on any other portion or part of a sidewalk . or street or upon any tree, lamp -post, telephone or Cclenraph polo, hydrant, post or. bridge in, nn or over a City right -of -way or ear ;oment., ,without first obtaining permission from the City Council. (D) This :section shall not apply lie regular notices required by law to bo sn 1)natrrl, nor shall it prohibit the erection of reasonable and once: ;:,acv ::Creel and directional signs, or lily other signs necessary for thr regul-)tion, and flow of traffic or gthorwise by city, State and Federal Officials. V - CON'PRACTOR'S SIGNS ON CONSTRIICTTON SI'1'ESi Signs containing infntanation as ti, the names of the persons performing the labor or v� r:rn)plyimt ma Lorial:,: to construction sites may be erected without a specific )r.rnit: nn property 'here a building is actually in progress of construction umlcr .i u'r-,t bui (ding permit. VI - HALARDDIIS Olt NONCONFORMING SIGNS: (A) If any sign now exir. i:in,l it: ;any loc.ttian shall be, in the opinion of the Building Inspector, injnrinun t,) public health, morals or safety; or if any sign does not conform to tho urovi c: ions of this Chapter, or is prohibited Hereunder, the 'iuildinn 1'1!: ...... t-.r -1-11 give to thn ownnr notice of tho objections _ : -uch .;i,in and ,inlot:ioiis of this Chapter.. (17) 'i,i- o,oror shall have fifteen clays after the mailing of the uof.ic••.within which Cu correct objecLions or violations., file an appeal to Page 3, Ord. No. 45 the City Council, or remove the sign. (C) Tf the —nor does not correct tile, objections or violations or remove tile, sign after the expiration of fifteen . days, the Building Tnspec.tor r ;boll ru—he the permit, if ona has been issued. 'rile Building Inspector shall then remove the sign, and for that purpose may enter upon private, property without incurring any .liability therefor. ® (D) If nn appeal from the decision of the Building Inspector is made to the City council, as herein provided, the Building Inspector shall not remove the sign unless authorized to do 'so by the City Council. VTI - ADVEirl'ISING BILLBOARDS PROII T BI'IIED: No advertising billboards wi.l.l Ile permitted in the City. Nothing in this ordinance shall be construed to prohibit a business from advertising its own :services or products by a sign located upon the premises where such products are sold or such services are rendered; provided such sign otherwise complies with the provisions of this ordinance. VTIT - ItRGUI,NrING SIZES or SIGNS. IN RESIDENTIAL AREAS: Signs may be erected in residential zones advertising "houses for sale ", rentals or closiguatinq professional offices so 10119 as such signs are not more than six (6) square feet in area and shall not Ile placed closer than three (3) feet: from the property line. IX (A) No person shall relocate, construct, erect, or permit to be relocated, constructed or erected any adve. tiling sign in any location within tile. City without first obtaining a permit therefor from the Building .Inspector and paying the requisite fee therefor. (B) A separate permit shall be required for each separate -yam advertising sign. i l - EXCEPTIONS: No permit shall be required for a sign, containing t six (6) :;quart feet or loss, .which is constructed, erected or maintained by the owner or lessee of a place of business or residence on land belonging to the owner or lessee and relating solely to merchandise, services or entertainment sold, produced, manufactured or furnished at such location; nor for a sign Commonly known as a real estate. sign, not exceeding sir. (6) rquare feet in :size, where the advertising material displayed thereon i.s used solely for the purpose of offering for sale,, for lease, or for rent the exact property upon which the sign is placed. Such real estate signu Page 4, Ord. No. 15 • shall not Lc placed closer than three (3) feet .from the front or side proporty line::. No more than two real. e :a:aLe :signs tnay be placed on any One tract of land at any one time. XI - S'ISYPIiMENT OF 0IVI7ER'S CONSENT TO ACCOMPANY APPLICATION: livery aPplicaCio❑ for a permit ::hall be accom>anied U � Y a written statement Of •the applicant or his a9mit that the owner rv:• other person in control or Po ^s;c. ^,sion of Lhe real property upon which f;uch an advertising sign is to be con;;tructecl, erected, operated, used, maintained, posted or displayed r has conented thereto., XJ1 IBSUANCE OR REFUSAL TO ISSl1E: ❑cfore granting Chc application for any pwmiC, the Building Inspector ehatl ool -ider the effect such sign will have npo❑ the Public health, mor;tls and nnfety in the particular location requco:Le`1' and Life Inspector :;hall have full power :md authority • in hi^ di.scretinn to deny any IPPlicatin❑ for permit which, in his opi Ill on would lie injurious to public health, morals or s;tfoty. XIII - APPEAL PROM REFUSAL TO ISSUE: Any person aggrieved by the action of the Building inspector in refu:;inq to grant any application for Pcrmi C, or in revoking a permit heretofore is:;uecl, may within fifteen days from the date Of such refusal or revocation, appeal from the decision of the Building Inspector to the City Council. XIV - FEES: Before erecting, displaying or replacing any sign which is greater than six square feet in size, the owner, real estate agent, hroker, or r.igo contractor, As the case may 6c. .hall first obtain a permit from the Building Inspector, upon aPplicaLinn, together with a skotch of the proposed siqu, and pay the following R—s: (A) Three dollars ($3.00) for Ll- first six square feet; all over that :;ize, fifteen cents (.15) per square foot. (RI No Pr`rmit 'hall be is.. ^,ued for a fee of more than fifteen dol.l;trs ($15.00) nor :;hall any sign he erevi"l '.which is greater than one hundred (]Otl) square foot in : ;ize without the approval of the [bard of Adjur.l:mma. (c) All :;iqn for which penui are rcyuircd ❑ball have the permit number ;;ii fired securely thereon, (0) Permit issued for :;ign, to be crecterl by rul.igious, political, charitable or education groups shall be exanPt from the paylnont of all fees. Pl qc. 5, Ord. No. 115 J \ pursuant hereto. XV - BOND Oil INSURANCE•' POLICY REVIIIIED: No person shall erect or mp.iutai.n rmy signs (including religious, poli Lical, charitable or educational :cigns) in, On, or over any dcclicalecl public right -of -way wi.th- out. Lhc "ritt:nn p0rmi:;siOn of the City Council in; hereinbefore provided. Every person erecting or maintaining signs in, On, or over any dedicated ® Public right -Of -way in th0 City shall post a cash bond with the City or obtain public liability insurance ag"'":'t damage occasioned to any person or prnpelrt:y. Ivory ::uch insurance policy „11,111 bO of form and substance approved by the City Council, shall be executed by an insurance company authorized to do business in the state or rlorida and acceptable to the City Council, and shall be in the penal sum of ten thousand dollars for injury or death to any one person, in the penal sum of twenty thousand • dollar:; for injury or death to all person;; caused by any one accident, and in the pen,1l 'sum of five thousand dollars for damage to property resulting from any out, accident, and each of such penal sullls shall remain in full force and shall be undiminished during the effective period of such insurance. Every such insurance policy shall contain a provision whereby Cho insuror shall obligate itself to notify the City Clerk in wri.tinq aL leant: thirty clays before any alteration, modification or cancellation of such policy shall become effective.. No permit shall be issued for the erection of any sign over tile nidowalks on dedicated public right- of -11,ly in the City unless and until such bond or liability insurance policy has 110011 Piled with the City Clerk. XVI - PRNAItI'Y CLAUSE: Any person who shall violate the provisions Of this: ordinance shall be guilty of a misdemeanor and shall be subject to Pine, imprisonment or both, in accordance with the penal ordinances of the City, provicltu9 1'0" a fine not exceeding $500.00, or imprisonment for not more than 90 days,, or both. Each day that is violation of this ordinance continues rhall constitute a separate off0ns0, hereunder. SVII - All ordinances or parts of ordinances in conflict herewith or inconuist:0ut. herewith are horeby repealed. 'XVIII - This Ordinance was duly passed on first and second rcodiugs at , -; regular meeting of trite City Council on the 23rd day of Page 6, Ord.. No. 45 hla,Sch, 1965 and Passccl on the final reading at a regular meeting of the City C011nci_1 this; 13th day of — n—, ors, 1965. SEAL e ATTEST: , Phylli Shoemaker City Clerk A Percy L: Iledgecock Mayor. f liichird Ilerb>,ne � chairman, city Council City of Cape Canaveral 105 POLK AIE-E . CAPE CAIAVERAL. FLORIDA ]]910 TELEPHONE ]O] 7-HOO REGULAR MEETING \�(� ZONING fi PLANNING BOARD AGENDA November 15, 1972 - 7:30 P.M. \` 0 CALL TO ORDER ROLL CALL ITEM 1. Dis �assio - pecia-l— Cccptio - Radiat—Rfi7pir - inc tar, cry cc tatioli 6 0 N /AtlantiAvenuo- Joh.((//SSta P titi ncr Lots 9 t u 12, Block_ -G9, Avo1 The ea Sub- v'ston. a best 872 -16 WORK SESSION: ITEM 1. Approval of Minutes - Regular Meeting - November 1, 1972 ITEM 2. Councilman's Report - Mr. 1:. Harrison Rhame ITEM 3. Building Official's. Report - Mr. P. L. Smith ITEM 4. Rc�bliRndativn— �H,ial e�!cptiron.,- Tolm -A-:- Star)• P�= Toner,= l2cqucst ' 72-16 ITEM S. Erosion Control Zone Moratorium ITEM 6. Review Mapped Strects Act ITEM 7. Review Sign Ordinance ITI ?M 8. Public Discussion Period ADJOURN W grU— 'v -A Walter f. Burkett, Lh a rma n Zoning 6 Planning Board REGULAR MEETING ZONING $ PLANNING BOARD NOVEMBER 15, 1972 The Regular Meeting of <the Zoning & Planning Board was not called vcalled to order due to the lack of a quorum. Present: Zoning $'Planning Board Members • Burkett, DeVeau .Councilwoman Thurm City Planner Hansel Building Official Smith Respectfully submitted, Walter Tom Burkett, Chairman Zoning $ Planning Board 0 ......... 0 UI ... 0 .......... ib 29 NOVEMBER '72 16 NOVEI+BFR 172 TO BUILDING PERMITS ISSUED EST. EST. P> Rt4lT TYPE OF comer FF.E _-- PERMIT cold_ DATI•. OyINiiVi!ADDY.ESS $ .500.00 $ 5.50 SNrllwnh I =�U cL �� & Install 200 amp 1797 11/17/72. 7.B. Astronaut meter meter loop $ 6.00 $ 1 000.00 11/16/72 Arthur OnBerth Repair wiring Ave. 15� ampaService 1800' 612 Jefferson $ 100.00 $ l 50 ® Install 3.00 Ruth carver Dr. amp electrical 1801 11/17/72 Lot 53- service. $.5,00 N/A ions Portable e 11/22/72 1802 8555 Astronaut Station) 11 -29 N/A $15,00 (Texaco Portable $ 11/27/72 Daw -Ken Invest.Corp• Sign & W Publications,InCMoath of Dec. 1B03 H Adult Book Store 7032 N•. Atlantic Ave. $10,000.00 $ 28.00 ,x24, •F.R. roO 11/28/72 Dr. & Mrs. Fred .Add 38 tA/C 1804 Scheibe & add 379 Harbor Drive 0 ......... 0 UI ... 0 .......... ib BUILDING PERMITS ISSUED FROM 2 November 1 72 TO 15 November 172 Permit Date Type of Est. Permit Number Issued Owner/Address Const. Cost Fee 1790 11/13/72 Jack Moline/Glenn Erect 10 unit $122,496.00 $480.50 Schessaw Condominium 14 Cape Shores Bldg. #111 Drive South *93 11/8/72 Howard Gould Install 100 $ 900-00 $ 7.50 8509 N. Atlantic amp service (Mango Manor) 5 trailers 1794 11/8/72 Marty Hollaway Change of $ 300-00 $ 4.50 7920 Ridgewood electrical service to 150 amps + connect central A/C 1795 11/9/72 E.W. Winters Add 14x13 room $ 2,500-00 $ 10-50 337 Coral Dr. & 14x17 Screen porch 1W 6 11/9/72 'Rmes S. Antal Enclose Exist- $ 100.00 $ 5.00 233 Harbor Dr. Ing Screen Porch 1798 11/14/72 Mr. & Mrs. Repair S.F.R. $ 16,980.00 $ 57-00 Elmer arabloski to Pre-Tornado 3114 Harbor Dr. Condition 1799 1!/14/72 World Wide Enter- Paving of Parking $ 900-00 $ 5.00 � r isee Limited Area Villa Del Mar AT ) 3 B-374 Jefferson Gas Permits Issued.. ...... 0 Sewer Permits Issued.. .................. I Street Excavation Permits Issued......... 0 Well Permits Issued ..................... 0 as A9 City of Cape Canaveral 10] I.L. •VENUE . ., CAN.VVLM/.L. FL- 1 -]]Y30 1-1-ONL ]0] 703-1100 REGULAR ZONING Fi PLANNING BOARD November 29, 1972 - 7.30 P.M. AGENDA CALL TO ORDER ROLL CALL S,cciration I pti -FITst Interstate Development ITEM 1. Discussion- WORK_ SESSION: 1972 Meeting - November 1. ITEM 1. Approval of Minutes - Regular uorum) Regular Meeting - November 15,(No q ITEM 2. Councilman's Report - Mr. G. Ilarrison Rhame Official's Report - Mr. P. L. Smith ITEM 3, Building ITEM I. Erosion Control Zone Moratorium - Sp ecik72Exception - First ITEM 5. Discuss'" I' Recommendation Development Corp orati on Interstate ITEM G l:eviev Mapped Streets Act ITEM 7 Review Sign Ordinance Public Discussion Period ITEM 8 ADJOURN j a �t " ma t Walter Bo Jj FPlannng ard Zoning �VIY e City of Cape Canaveral REGULAR MEETING ZONING G PLANNING BOARD November 29, 1972 - 7:30 P.M. AGL•NDA CALL TO ORDER ROLL CALL A� ITEM 1. Discussion- Saccial Exception-First Interstate Development Corporation 072 -16 WORK SESSION: ITEM 1. Approval of Minutes - Regular Meeting - November 1, 1972 Regular Meeting - November 15,(No quorum) ITEM 2. Councilman's Report - Mr. E. Harrison Rhame ITEM 3. Building official's Report - Mr. P. L. Smith ITEM 4. Erosion Control Zone Moratorium ITEM S. Discussion G Recommendation - Special Exception - First Interstate Development Corporation 172 -16 ITEM 6 Review Mapped Streets Act ITEM 7 Review Sign Ordinance ITEM B Public Discussion Period - ADJOURN Aniter I? ur ctt, airman Zoninc G Plannine Board AMENDED November 27, 1972 Agenda Item 1 has been deleated from Nov. 29, 1972 Zoning F Planning Board Meeting. All the necessary papers from First Interstate Development Corp. are not available for discussion at this time. REGULAR MEETING ZONING $ PLANNING BOARD NOVEMBER 29, 1972 The Regular Meeting of the Zoning B Planning Board was held at City Hall, 105 Polk Avenue, Cape Canaveral on November 29, 1972. The meeting was called to order at 7:45 P.M. by Chairman Burkett. Present: Zoning 6 Planning Board Members - Burkett, Van Wagner, Allen, DeVeau Councilwoman Thurm WORK SHOP - -ITEM 1. APPROVAL OF MINUTES Motion was made by Mr. DeVeau, seconded by Mr. Van Wagner and vote unanimous, to Approve the Minutes of the Regular Meeting, November 1, 1972 as submitted. Motion by Mr. ,Allen, seconded by Mr. DeVeau to approve the Minutes of the November 15, 1972 scheduled meeting that was not called to order due to lack of quorum. Vote unanimous. ITEM 2. - COUNCILMAN's REPORT - MR. E. HARRISON RHAMF No report, Mr. Rhame was absent. ITEM 3'. BUILDING OFFICIAL'S - MR. P. L. SMITH No report, Mr. Smith absent. Building PermitsNov,l - 29, 1972 ITEM 4. EROSION CONTROL A moratorium on certain lands fronting the ocean in the City of Cape Canaveral was discussed. It is recommended that the mora- torium he in the form of an Ordinance rather than a Resolution. Philosophy: Beach is eroding at a substantial rate, with no means of halting this erosion, the City has a responsibility to the home- owners. Motion made by Mr. Van Wagner, seconded by Mr. Allen, unanimous by the Board, to recommend to the City Council that a moratorium be placed on all construction on certain lands fronting the Atlantic Ocean per documint entitled "Resolution No. 72 -45 ". Also, that "5" years (in computation) be changed to "6" years and that said mora- torium shall exist until relief from erosion on these certain lands is acquired. ITEM 6. MAPPED STREETS ACT The Mapped Streets Act was discussed. A motion made by Mr. DeVeau, seconded by Mr. Allen, approved by unanimodg,'Sf the .Board; recommends to the City Council that a document titled "An Ordinance of the City of Cape Canaveral, Florida, authorizing the Planning and Zoning REGULAR MEETING ZONING $ PLANNING BOARD NOVEMBER 29, 1972 Board to formulate and propose the reservation of location and proposed future streets....." Planning h Zoning Board also recommends that portions dealing with Planning B Zoning Board holding public hearings be deleted because the Planning & Zoning Board is a recom- mending body only and feels it unnecessary for two public hearings. ITEM 7. SIGN ORDINANCE The Sign Ordiance was discussed briefly and will be continued at the next meeting. There being no further business to come before the Board, motion was made by Mr. Van Wagner, seconded by Mr. DeVeau to adjourn the meeting at 11:05. Respectfully submitted, Walter Tom Burkett, Chairman .Zoning g. Planning Board City of Cape Canaveral 108 POIN,YENUE . CAPE OANAVERAI. PL0810A 81020 TELEPHONE 205 ]82 1100 REGULAR MEETING ZONING 6 PLANNING BOARD December 13, 1972 - 7:30 P.M. AGENDA CALL. TO ORDER ROLL CALL ITEM 1. Review of Ordinance No. 22 -72 - Ordinance amending No. 12 -71 ITEM 2. Review Mapped Streets Act ITEM 3. Review Sign Ordinance IPORK SESSION: ITEM 1. Approval of Minutes - Regular Meeting - November 29 ITEM 2. Councilman's Report - Mr. E. Harrison Rhame ITEM 3. Building Official's Report - Mr. P. L. Smith ITEM 4. Review of Ordinance No. 22-72 - Ordinance amending No. 12 -71 ITEM 5. Review Mapped Streets Act ITEM G. Review Sign Ordinance ITEM 7. Public Discussion Period ADJOURN ��..00G•. X( ;a ter 1. ISurKett, Lhairman Zoning f Planning Board REGULAR Mfr:TING ZONING .& PLANNING BOARD DECEMBER 13, 1972 The Regular Meeting of the Zoning F Planning Board was held at City Hall, 105 Palk Avenue, Cape Canaveral on December 13, 1972. The meeting was called to order at 7:45. by Chairman Burkett. Present: Zoning f, Planning Board Members - Burkett, Allen, DeVeau, Martin, Van Wagner Cit• Councilman - Rhame it• Dana cr - Francis Building icial - Smith tty councilwoman Thurm Mr. Kenyon, Mr. Gaudy and Attorney Rose - Chrysler Corp. WORE: SHOP. • ITEM 1. APPROVAL OF MINUTES Notion . was made by Mr. Martin, seconded by Mr. DeVeau and unanimous vote of the Board, to Approve the Minutes of the Regular Meeting, November 29, 1972 with two corrections: ITEM 3, (November) ITEM G, Insert "Vote" between unanimous and of ITEM 2. COUNCILMAN'S REPORT - MR. E. HARRISON RHAME Councilman Rhame reported that more data was being secured in regardto the proposed erosion moratorium and expects more to be brought up at the next workshop meeting. Councilman Rhame also stated that the Mapped Streets proposal is being researched at this time by the City Attorney and more is to be heard at workshop regarding this. Councilman also brought it to the attention of the Z 6 P Board that density requirements for C -1 Zoning were omitted from the Zoning Ordinance at the last amendment change in that area. Discussion was in order and Mr. Martin made a motion to propose to Council the following as an amendment to Ordinance 12 -71. Motion was seconded by Mr. DeVeau: 1. - -PAGE 33, PARAGRAPH (e) add: 1. THERE SHALL BE NO MORE THAN 40 DWELLING UNITS PER NET RESIDENTIAL ACRE. 2. - -PAGE 34, PARAGRAPH (M) add: , PROVIDED THAT HOWEVER MAT IN NO CASE SHALL THERE BE MORE THAN 30 D /UPER NET RESIDENTIAL ACRE. Vote on this motion was 'unanimous by the Board. IF r REGULAR MELTING- ZONING t PLANNING BOARD, December 13, 1972 PAGE 2 ITEM 3 BUILDING OFFICIAL'S REPORT- SMITH Building permits for November 30 through December 13, 1972 were discussed. (Copy Attached) ITEM 4 REVIEW OF ORDINANCE NO 22 -72 Motion was made by Mr. Martin, seconded by Mr. Allen and unanimous vote of the Board, to recommend to Council the following: Page 56 RPUD DEFINED - CHANGE TO READ - FOR THE PURPOSE. OF THIS ZONING ORDINANCE, AND RPUD IS DEFINED AS ANY RESIDENTIAL USE, EXCEPT MOBILE HOME DEVELOPMENT, AND INCLUDES THE GROUPING OF RESIDENTIAL USES FOR WHICH A MINIMUM OF FOUR (4) ACRES IS INTENDED TO BE DEVHL -. OPED SIMULTANEOUSLY. ITEM 5 REVIEW OF MAPPED STREETS ACT A recommendation to Council for a Napped Streets Act has not been acted upon at this time. Board discussed the Act. City Manager Francis was asked to contact the City Engineer and .request lie attend the Z F, P Board Meeting of December 27, 1972, pertaining to specific Mapped Streets. ITEM 6 - REVIEW SIGN ORDINANCE Motion by Mr. Martin to table this item was seconded by Mr. DeVeau and passed by uananimous vote of the Board. ITEM 7 PUBLIC DISCUSSION PERIOD Mr. Kenyon of the Chrysler Corp. wanted to know of what opinion theBoard might have in regard to a permit for assembling components in the Center Building located in a C -1 Zone? The opinion of the members was that it was not prohibited. ADJOURN: There being no further business to come before the Board, motion was made by Mr. DeVeau, seconded by Mr. Martin to adjourn the meeting at 11:20 P.M. Respectfully submitted, ;IiC a:u-' G�& 0 Walter Tom .Burkett, Chairman Zoning g Planning Board Gas Permits Issued ......................0 Sewer Permits Issued.. .......0 Street Excavation Permits Issued.... . 0 Well Permits Issued ...... ............0 fi;.mC1i6:..: 2..Z ._� ... .... .. .. ,4f.s ., t +ve'�i`uvi:�' 'i-m ♦ '�� -.1 BUILDING PERMITS ISSUED FROM 30 November '72 TO 13 December '72 j Permit Date Type of Est. Permit Number Issued Owner /Address Const. Cost Fee 1805 12/1/72 Sydney R. Gregory Pave Parking $ 468.25 $ 5.00 7709 Ridgewood Area (208 sgyde (7709 Ridgewood; $ 245.25 $ 5.00 1806 12/1/72 Sydney R. Gregory Pave Parking 7709 Ridgewood Area (109 sq d4) (308 Lincoln 1807 12/1/72 Sydney R. Gregory Pave Parking $. 74.25 $ 2.50 7709 Ridgewood. Area (33 sgyrds) (7110 Poinsetta)) 1808 12/1/72 Sydney R. Gregory Pave Parking $ 99.00 $ 2.50 7709 Ridgewood Area (44 sq ds) (201 Pierce), 1809 12/1/72 Sydney R. Gregory Pave Parking $ 436.50 $ 5.00 7709 Ridgewood Area (194 sgyds) (108 Pierce) 1810 12/6/72 Texaco, Inc. Portable Sign $ N /A $45.00 Jack Star Texaco Dec /Jan /Feb. 6910 N. Atlantic. 1811 12/11/72 Aerospace Complex Install 400 - $1,900.00 $ 5.00 (Gould, Inc.LESSEE)amp elec service 7077 N. Atlantic Gas Permits Issued ......................0 Sewer Permits Issued.. .......0 Street Excavation Permits Issued.... . 0 Well Permits Issued ...... ............0 fi;.mC1i6:..: 2..Z ._� ... .... .. .. ,4f.s ., t +ve'�i`uvi:�' 'i-m ♦ '�� -.1 City of Cape Canaveral m3 POIK AVENUE PE Uwv , PLo—k 32220 TELEPHONE 303 123•H00 REGULAR ZONING 6 PLANNING BOARD December 27, 1972 - 7:30 P.M. \\` i AGENDA CALL TO ORDER ti\lat `+ G ROLL CALL. WORK SESSION: - Regular Meeting - December 13, 1972 ITEM 1. Approval of Minutes. ITEDI 2. Councilman's Report - Mr. E. Harrison Rhame ITEM 3. Building Official's Report - Mr. 1', L. Smith ITEM 4. Review Mapped Streets Act ITGDI S. Review Sign Ordinance ITEM 6. Public Discussion Period ADJOURN � rL, T 7z& 4 zz ,'alter 'I. Ar t, + +u ��•.. Zoning Fi Planning Board