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HomeMy WebLinkAboutP&Z Agenda Packet 8-26-2015PLANNING & ZONING BOARD REGULAR MEETING CAPE CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE AUGUST 26, 2015 6:00 P.M. AGENDA CALL TO ORDER ROLL CALL: PUBLIC PARTICIPATION Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the Planning & Zoning Board excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The Planning & Zoning Board will not take any action under the "Reports and Open Discussion" section of the agenda. The Planning & Zoning Board may schedule items not on the agenda as regular items and act upon them in the future. NEW BUSINESS: 1. Approval of Meeting Minutes: July 1, 2015. 2. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Preliminary Plat Approval — per City Code of Ordinances, Section 98-46 - City of Cape Canaveral — Applicant/Owner (100 Polk Avenue). REPORTS AND OPEN DISCUSSION: ADJOURNMENT: Planning & Zoning Board Meeting Agenda August 26, 2015 Page 2 Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Planning & Zoning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Community Development Department (868- 1222, ext. 15) 48 hours in advance of the meeting. PLANNING & ZONING BOARD MEETING MINUTES July 1, 2015 A Meeting of the Planning & Zoning Board was held on July 1, 2015, at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida The meeting was called to order at 6:00 p.m. by Chairperson John Price. The Secretary called the roll. ROLL CALL: MEMBERS PRESENT John Price Lamar Russell Ronald Friedman Harry Pearson Dr. John Fredrickson Craig Kittleson OTHERS PRESENT Kimberly Kopp David Dickey Patsy Huffman Chairperson Vice Chairperson Assistant City Attorney Community Development Director Board Secretary PUBLIC PARTICIPATION: None NEW BUSINESS: 1. Approval of Mectina Minutes —May 27.2015. Motion by Mr. Russell, seconded by Mr. Kittleson, to approve the Meeting Minutes of May 27, 2015. Motion carried unanimously. 2. OuasiJudicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Ordinance No. 07-2015, Amending Chapter 110, Zoning, to Revise Article X, ALA Economic Opportunity Overlay District — City of Cape Canaveral - Applicant. Mr. Dickey presented Staffs mport/photos. Staff pointed out the current area of the Economic Opportunity Overlay District (FOOD) and the proposed FOOD. It will be a sizeable increase. The City zoning map was explained to show most of the commercial corridor has been included in this proposal. Two commercial areas have not been included and the reason is residential property abuts with no buffer between the two. Planning & Zoning Board Meeting Minutes July 1, 2015 Discussion ensued between Board Members and Staff to clarify the areas being considered to expand; most of the overlay incentives are focused towards commercial development; the only area included along the river is zoned commercial; wetland areas were in question; the Mermaid Key project on the South end of Thurm Blvd. is in the EOOD area; the Casa Canaveral Assisted Living Facility will be included; some of the industrial areas will be included; comparisons between the zoning map and the aerial map were addressed to clarify the commercial zones; questions regarding the Central Avenue area were addressed; the area on the West side of North Atlantic Avenue is to he included; property owners were not notified as there was no mass mailing when the original EOOD was approved; although property will be included in the EOOD areas, participation in the EOOD is voluntary and will not affect property rights or values; property east of Al is used residentially, but zoned commercial. Staff explained EOOD policies regarding what is and is not currently permitted as follows: building height City-wide, in the commercial zones, is 45 feet in height by right, same in the EOOD area, however; requests within the EOOD for up to 65 feet would require approval from the Community Appearance Board, anything above 65 feet needs City Council approval; building setbacks in the EOOD are 15 feet for front and 10 feet for rear and side setbacks; outside the FOOD requires a 25 -foot setback; increased height and reduced setbacks in the EOOD are being promoted; historically, hotels needed to have a minimum of five (5) acres and a minimum of 150 rooms; in the EOOD no minimum number of acres, but still need to have 150 rooms the stormwater can be located under the parking lots, which is a policy change inside the EOOD; 80% of the lot can be impervious in the EOOD area, outside the EOOD (typically in the commercial district) 40% of the lot can be covered; more intensity and density inside the EOOD, which is the big policy change; the decision for lot drainage to be located underground was explained. The genesis of the EOOD lies in the 2009 Community Visioning process. In particular, it was to create a sense of identity for the City's northern gateway, leverage opportunities for economic development related to Port Canaveral, attract services desired by the citizens, and allow for additional uses such as a mixed-use, town center type development. In 2012, City Council adopted the FOOD and the provided guidelines and design standards for development within the district. These new standards created an "overlay" which enhanced the underlying zoning regulations. The City's location relative to the Port and Cocoa Beach will result in continued development pressure. Recent development activity includes the construction of a Dollar General Store and the Homewood Suites Hotel. The hotel project was reviewed under the current EOOD guidelines. This proposal expands the current boundaries of the EOOD to include the majority of the properties within the Community Redevelopment Area (CRA) and the Brownfield districts, which are development incentives that the City created over the last couple of years. Both of these districts were established to support redevelopment and were demarcated by criteria that the State has provided. Planning & Zoning Board Meeting Minutes July 1, 2015 The northern expansion area includes properties northeast of the current EOOD near the Port facilities, properties within the N. Atlantic Avenue corridor and the property that is the site of the proposed Casa Canaveral Assisted Living Facility. The southern expansion area includes properties to the southern City limit on the East side of Al and properties that are adjacent to the Banana River. As the City continues to experience growth pressure within the corridor, it is critical that uniform riles be established that result in a seamless development pattern along the entire length of AIA. This consistency is a critical ingredient of creating a sense of identity called for in the Visioning initiative. Staff would like to stress that the expansion is to create continuity in the City of Cape Canaveral. The EOOD has been very successful, it resulted in the Homewood Suites Hotel project. If you look at the development patterns along AIA, particularly south ofthe N. Atlantic Avenue cutoff, there are several redevelopment opportunities. As a City, we have to look at creating incentives for the private sector to come in and create new projects. Staff felt this is needed and the timing is now. This project has been noted in the Weekly Updates for the last six months. The Community's overall response to the "overlay" when it was initially rolled out was positive; not to suggest that everyone would be in favor of what is currently being proposed, but the proposed expansion is similar to what was established in 2012. The City Hall project is in the expanded area and the project has been designed in anticipation of the expansion being approved for the benefits of the increased building height and setback requirements. The building will be about 48 feet in height and is ready to go out to bid later this month. Staff feels very confident that City Council will give its approval. Discussion ensued with concerns Board Members had before giving approval; whether the change could be upheld in the Court of Law; clarification was given that the EOOD is being changed, not the zoning of the properties; Assistant Attorney Kopp clarified that this proposal was adding to the existing zoning and if the Board recommends approval, this proposal has to go before two Public Hearings that will be publicly noticed and anyone who wishes to speak can attend those meetings; the Board commended Staff for recommending this proposal; City Assistant Attorney Kopp explained that one of the duties of the Planning and Zoning Board is to make a recommendation to City Council based on the review of the proposal and then City Council will make its own decision how to proceed; City Council takes into account the Board's recommendation; the Board wanted to stress that they needed to make a very well informed recommendation due to the change this proposal could create; but did feel that this is a good proposal and that the residents would benefit from the changes in the long run; the Board felt this expansion is consistent with the City Vision. Mr. Price asked that Kelley Klepper of Kimley Horn wine up to the podium to give his portion of the presentation. Mr. Klepper was involved in the establishment of the Community Redevelopment Area, and the Brownfield area and suggested this was the next step. The overlay was discussed during the CRA Redevelopment Master Plan. Planning & Zoning Board Meeting Minutes July 1, 2015 Discussion ensued to include: what needed to be updated, writing new development guidelines to the "overlay" and using the information from 2-3 years back to see what has happened and what changes need to be made; the Code was looked at in the decision process; Board wanted clarification of a setback vs a stepback; a stepback is a setback located on the upper stories of a building, typically, to reduce the bulk of a building or to provide outdoor floor space (referred to as the wedding cake approach); setback applies to the building as a whole, a stepback applies at a certain distance or a certain height; terms need to be defined so that everyone understands what is happening and there is no grey area; adding additional definitions and standards from three (3) years ago; building standards were explained, define building zone; percentage along the front property line needs to be a certain distance; not have the look of continuous buildings like in New York City; having a certain length of frontage, but not the entire building; creating variety and an eye catching component called the "viewshed;" canopies due to the Florida heat can be a critical item; the previous Code was written to adjust to the setbacks; literally to push the building back beyond the back of the sidewalks; clarification was written to help with the interpretation to try to bring the building closer to the street; new definitions were added and minor modifications to the Ordinance were made and a detailed explanation was given to these modifications; encouraging while protecting pedestrian activity was explained; the boundaries and that the current EOOD area is 196 acres and 73 parcels, plus or minus; the proposed EOOD area is 542 acres and 502 parcels, not concerned about the parcels because they can change in size, etc.; the vision is consistent with what was done with the CRA and the Brownfield; expand along the Economic corridor of the City, this is where to focus efforts; encourage the increased building footprint by using more of the property wisely and to its full potential will increase the City's tax base; certain areas in the City could be redeveloped today and should be. A diagram was handed to Board Members. Mr. Klepper explained the aerial view as follows: the standard building setback of 15 feet; the building zones 1 and 2; maximum frontage along the property line of no more than 90% of the building can be along that frontage, but if a back access is required for rear parking, a 24 -foot wide access must be provided; the 90% cannot be along the street, no less than 50%, but no more than 75% in Zone 1 of the building on the street, another 10 feet back, in Zone 2, can be picked up to make up the 90%; try to create public space; regarding the height of the building after 45 feet, beyond tum height, consider the stepback option of 14 feet; they came up with the number based on the width of two people walking along the sidewalk comfortably; creating a 3-13 image and introducing it into the Ordinance so that there is a clear example and explanation. Discussion ensued with Board Members whether developers have shown an interest in this project; Mr. Dickey explained that he has spoken with a minimum of five developers looking to come to Cape Canaveral to redevelop and the height standards have been an issue; Staff feels these changes would give the City leverage to attract these developers; Board Members would have liked more public participation; Staff stressed that that citizens will have plenty of time to voice any concerns should they choose to do so; Assistant City Attorney Kopp explained that after this Board's recommendation, it will go to City Council for a I" and 2nd Reading and that the meetings will be advertised so that any public concerns can be addressed should the public choose to come to those meetings; Board felt this is the time to do this, but wanted clarification pertaining to the policy changes regarding the types of buffers, which Staff explained; Board Planning & Zoning Board Meeting Minutes July 1, 2015 then requested a wall as a buffer; Assistant City Attorney Kopp read Section 110.566 of the City Code to give clarification of what types of buffers can be used; Board wanted to change the wording in Sec. 110-605. —General — Director of Community Development or designee, shall have the authority to render interpretations of this code, to adept adopted policies and procedures; Mr. Klepper explained the reason to use the word "provisions" as opposed to constantly using the EOOD verbiage in Section 110-608; Staff explained that areas along AIA that are zoned commercial, but have residential properties (non -conforming uses) and no longer exist (are destroyed) due to fire, hurricane, etc., would have to be developed under the current code which is zoned commercial; discussion ensued about mix -uses; the proposed changes to the height of the buildings (65 feet) and the areas this would be allowed were detailed; Staff clarified that this height would have to be requested and the developer would have to plead their case, but would not guarantee an approval; some areas would not be compatible for this type of building height; Board wanted to stress that the changes suggested at this meeting are made to the Ordinance prior to going before City Council; Mr. Klepper and Staff clarified and made all the changes that were suggested. Mr. Friedman moved to table the motion to the next meeting until the Ordinance showed the changes; Assistant City Attorney explained that it was the duty of this Board to make any recommendation for changes to present to City Council. Motion by Mr. Russell, seconded by Mr. Kittleson to recommend approval to the City Council the proposed Ordinance No. 07-2015, Amending Chapter 110, Zoning, to Revise Article X, Al Economic Opportunity Overlay District to include documented amendments. The motion carried 5-1 with voting as follows: John Price, For; Lamar Russell, For; Dr. John Fredrickson, For; Ronald Friedman, For; Craig Kittleson, For; Harry Pearson, Against. REPORTS AND OPEN DISCUSSION: Dr. Fredrickson asked about the Assisted Living facility; Mr. Friedman spoke about the Warehouse and the Change of Use projects that the Board recommended; Mr. Dickey will follow up with the Board regarding projects that they have recommended to approve; Mr. Pearson asked for an update on N. Atlantic Ave. construction; Mr. Dickey indicated that construction should start in July, 2015; Mr. Dickey gave a brief update on the progress of City Hall. Mr. Price asked if all were in favor to adjourn the meeting at 8:03 p.m. The vote was unanimous. Approved on this day of 2015. John Price, Chairperson Planning & Zoning Board Meeting Minutes July 1, 2015 Patsy Huffman, Secretary City of Cape Canaveral Planning and Zoning Board Meeting Date: 08/26/2015 Item No. 2� Subject: Request for preliminary Plat Approval for the purpose City of Cape Canaveral City Hall Facility —100 Polk Ave. new Summary: The City is requesting approval of a Preliminary Plat (Attachment 1) for the replat of parcels associated with the development of the City of Cape Canaveral City Hall Facility located at 100 Polk Ave. The property is zoned C-1. The overall project includes the construction of a new 18,517 s.f. City Hall Facility located at the site of the former Community and Economic Development Facility (previously addressed as 7510 N. Atlantic Ave., but re -addressed to 100 Polk Ave.). The building was demolished in 2014 and Staff has been temporarily located at the City -owned property at 110 Polk Ave. since that time. The proposed plat is needed to accommodate: • The inclusion of vacant parcels to the north which will be used for underground stormwater retention, parking and the preservation of trees and green space, • The inclusion of the developed parcel to the east (110 Polk.) which will be demolished upon completion of the City Hall Facility. The property will then be used for parking, a screened dumpster area and facilities for an emergency backup generator, and • The inclusion of a vacated portion of the Polk Ave. right-of-way. This area will no longer be used for vehicular travel and will be developed as a City Hall Public Plaza connecting the new City Hall site to the old City Hall site at 105 Polk Ave. as shown in the Site Plan (Attachment 2). Resolution 2015-10 (Attachment 3), approved by City Council on August 18, 2015, vacated this portion of the Polk Ave. right-of-way. Chapter 98, Article II of the City Code spells out the process by which the City will review and approve a preliminary plat. In general, the process consists of three steps: 1 — Staff conducts a pre -application meeting with the applicant to determine if the application is adequate; 2 — the Planning & Zoning Board holds a public meeting and makes a recommendation on the proposed preliminary plat; and, 3 — the City Council holds a public hearing and takes final action on the request. Consistent with Chapter 98-36 of the City Code, a pre -application conference was held with the City's Development Review Committee to discuss the project and the requirements of the City's platting process. Sec. 9841 of the City code outlines the required information that must be submitted as part of the application for preliminary plat approval. Including: Planning and Zoning Board Meeting Date: 08/26/2015 Preliminary Plat Approval — City Hall Page 2 of 2 b) A preliminary plat consistent with F.S. Chapter 177 c) Topographic survey (spot elevations if less than 2% slope) — shown on plat d) Aerial photograph of the tract (Attachment 5) e) Filing fee — waived f) Current title opinion (Attachment 6) Additionally, existing easement documents are included (Attachment 7). Attached is an email dated August 4, 2015 (Attachment 8) from City Engineer, John Pekar, P.E. recommending approval of the preliminary plat. The platting process is divided into two steps, preliminary and final. Once the City Council approves the Preliminary Plat and prior to the issuance of a Certificate of Occupancy, a Final Plat application shall be submitted and approved. The final plat approval process is similar to the preliminary plat process in that the PSZ Board will make a recommendation to the City Council who will approve the final plat via resolution (see Sec. 98-61 & 62). Director: Todd 1 — Preliminary Plat Survey and Legal Description 2 — City Hall Site Plan 3 — Resolution 2015-10, vacating a Portion of Polk Ave. 4 — Application 5 — Aerial Photo 6 — Title Opinion 7 — Easement Documents 8 - Memo from J. Pekar, P.E., City Engineer The CD Staff recommends that the Planning and Zoning Board action: Recommend approval of the preliminary plat to the City Council. David ATTACHMENT I STATE ROAD A -t -A is Im . ............ . it gi I Oil fit In I R-gi 9Ifit l U 9Epa I y'o C. l U 9Epa N . ♦ndMlp Pul ■ ATTACHMENT 7 G i i l�i�i j iiE i s I�il P� CAPE CANAVERAL ..,o. Kimiey*Horn E CITY HALL w=�."••e'l+^, ��m `,� ATTACHMENT 3 RESOLUTION NO. 2015-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; VACATING A PORTION OF THE POLK AVENUE RIGHT-OF- WAY DEPICTED AND LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, WHICH SHALL RESULT IN THE VACATED RIGHT-OF-WAY BEING RETAINED BY THE CITY AS SOLE ADJOINING PROPERTY OWNER, PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN IMMEDIATE EFFECTIVE DATE AND LEGAL STATUS IF CHALLENGED. WHEREAS, the City is currently involved in platting the site for a newly constructed City Hall in accordance with the goals, policies and objectives stated in the City's Comprehensive Plan and City Code; and WHEREAS, the new City Hall site is of substantial public importance to the City and its citizens; and WHEREAS, the City of Cape Canaveral desires to cease using a portion of Polk Avenue for vehicular traffic and desires instead to utilize such property for other City purposes including but not limited to pedestrian access; and WHEREAS, under Florida law, when a street is lawfully vacated, title to the area vacated vests in the adjoining property owners; See Smith v. Horn, 70 So. 435 (1915); and WHEREAS, the City of Cape Canaveral is the only adjoining property owner on both sides of the portion of the Polk Avenue right-of-way to be vacated; and WHEREAS, the City does not need the vacated right -o& -way to provide connectivity of roadways or to handle anticipated traffic, but requires the property for other City purposes; and WHEREAS, the City Council of the City of Cape Canaveral finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Vacation of Right -of -Way Authorized. The City Council hereby authorizes the vacation of the portion of Polk Avenue Rightof--Way, which is legally depicted and described in Exhibit "A," attached hereto and fully incorporated herein by this reference. Said vacation shall lawfully result in the City retaining all interest in said vacated right-of-way, as the only adjoining property owner. City of Cape Canaveral Resolution No. 2015-10 Page 1 of 2 Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Effective Date and Legal Status if Challeneed. This Resolution shall become effective immediately upon adoption by the City Council of the City of Canaveral. However, if any interested party challenges this vacation of right-of-way or attempts to claim a reversionary interest in the subject property because of this Resolution and prevails on such challenge or claim, this Resolution shall automatically be deemed void ab initio without further action of the City Council and shall have no force or legal effect. If deemed void ab initio, the subject property shall remain City right-of-way. RESOLVED by the City Council of the City of Cape Canaveral Florida in a regular meeting assembled on I Sth day of August , 2015. ATTEST: Awaitine Signature Angela Apperson, City Clerk CITY OF CAPE CANAVERAL Awaitine Sienature Rocky Randels, Mayor FOR AGAINST John Bond X Second Bob Hoog Buzz Petsos Motion Rocky Randels X Betty Walsh Approved as to form and legal sufficiency for the City of Cape Canaveral only: Awaiting Signature Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2015-10 Page 2 of 2 EXHIBIT "A" SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY A PORTION OF POLK AVENUE TO BE VACATED I AVON -BY -THE SEA PUT BOOK 3, PAGE 7 I BLOCK 41 POINT OF BEGINNING SOUTHWEST CORNER 87*48'25"E 107.50' �„�VV'' SOUT HF BLOCK 41 Q o G� a3 A PORTION OF VENUE Q REMAINDER OF Q SUBJECT ry POLK AVENUE CONTAINING 4,078 SQUARE9 ACRES t �% (48' RIGHT OF WAY) Luo NFo 9 NOR01 UNE O + _ _ _ — .— — — — — S87'48'25"W 73.55' NORTHWEST CORNER OF BLOCK 46 I AVON -BY -THE SEA N PLAT BOOK 3, PAGE 7 I BLOCK 46 LINE TABLE 0 EXHIBIT "A" LINE BEARING LENGTH 0 5 10 m SHEET I OF 2 L1 SOB26'13"E 1.51' GRAPHIC SCALE IL LEN CURVE TABLE nglneering, Inc. CURVE RADIUS DELTA ANGLE LENGTH CHORD CHORD BEARING SURYETORS - ENGINEERS Cl 20.00' 50'51'11' 17.75' 17.17' 54759'02'W 106 0008 LINE C2 35.00' 7750'50" 44.50' 41.56' S31'59'12 W COCOA BEACH, FLOWOA 82921 TELEPHONE: (821)788-7448 - FAY: (821)785-5902 WEBSITE: EYAH: i oftlle"e ..t SEE SHEET 2 FOR DESCRIPTION, 771 SURVEYOR'S CERTIFICATION & NOTES it DATE: 6-08-15 [DRAWN BY: CJG I CFFY OF CAPE CANAVERAL DESCRIPTION NOT A BOUNDARY SURVEY A PORTION OF POLK AVENUE TO BE VACATED DESCRIPTION OF EASEMENT: A portion of the right of way of Polk Avenue lying between Blocks 41 and 46 of AVON BY THE SEA according to the plat thereof recorded in Plot Book 3, Page 7, said land is lying within Section 23, Township 24 South, Range 37 East, Smvord County, Florida, being more particularly described as follows: Begin at the Southwest comer of said Block 41; thence N87*48'25'E, along the South One of said Block 41, a distance of 107.50 feet, to a point of intersection with a non -tangent curve, concave Northwesterly, having a radius of 20.00 feet and a central angle of 50'51'11'; thence leaving the South line of said Block 41, Southwesterly, along the arc of said curve to the right, a distance of 17.75 feet (said arc subtended by a chord bearing S42'59'O2'w, o distance of 17.17 feet), to a point of reverse curvature with a curve, concave Southeasterly, having a radius of 35.00 feet and a central angle of 72'50'50'; thence Southwesterly, along the arc of said curve to the left, a distance of 44.50 feet, to a point of tongenry; thence SO4'26'13'E, a distance of 1.51 feet, to the North line of said Black 46; thence S87'48'25'W, along said North line, a distance of 73.55 feet, to the Northwest comer of said Block 46; thence N00'22'38"W. a distance of 48.02 feet, to the POINT OF BEGINNING; Containing 4,078 square feet or 0.09 acres, more or less. SURVEYOR'S NOTES: 1, THIS IS NOT A SURVEY. 2. The bearings shown hereon are based on a bearing of NOT48'25"E, along the South line of Black 41. 3. o = Denotes change in direction (no comer found or set). SEE SHEET I FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION SURVEYOR'S CERTIFICATION: I hereby certify that the attached Property Description was prepared EXHIBIT "A" under my direction, in accordance with all applicable requirements of SHEET 2 OF 2 the 'Minimum Technical Standards, for land surveying in the State of Florida, described in Chapter 5d-17, Florido Administrative Code, purl to Chapter 472.027, Florida Statutes. LEN ngineering, Inc. A` I: :n 106 DMFS 16NGINP.BR9 100 A BE Lgi6 Not volid without the BY ' COCOA BEACH, FLORIDA 13 92891 - TSITE: N8: (921)089-7449 - PAR: alliAl nsn,.n signature and the original ProfCyeyor 118B9RB: www.allme"8.net - EMAd: info®Jleaeu8.nel raised seal of Florido feS " n • $irlaeyor & Mapper licensed surveyor and mapper. Florida '?;'frdtion No. 4262 CITY OF CAPE CANAVERAL ATTACHMENT 4 City of Cape Canaveral Preliminary and Final Plat Information Sheet Date of Submittal: A4r1!t 0?, ZO/ S Project name: (�� edwc�n%�u.l C&y /-fad/ Project address (if not available, provide general location) /W POMC -4K' aa1L Legal description (attach legal) �e Gi i &C.(Aed FLU and Zoning designations: f:1 Owners) name: Owner(s)address: (OSS ,Po(k eve. CKpCCa-,"-c L F•L 3�P3f1 Phone number(s): (Sai)Zf- /X�O K 3.30 Email(s): +,. Ato /•(G/ e- G 'h PIP CAP! daw�veia(.ord If applicant is not owner, a completed Power of Attorney form is required. Applicant name: T dL& Morley Applicant address: t0'5 A(IcAve- 04PP' 6^1"/em(FL3�Q�0 Applicant phone number(s): (3,2) 2y (.-Ax X 3,3 0 Applicant email(s): •1 . 6to ��9?e4 Or Qom°-��"R � •d Signature (owner or applicant): Prelim. & Final Plat App 1/2015 Attachment $ Aerial Photograph of New City Hall Site Area Showing All Re -Platted Parcels ATTACHMENT 6 OLD REPUBLIC National Title Insurance Company 2300 Maitland Center Parkway #140 Maitland, FL 32751 Phone: 407-647-1915 OWNER & ENCUMBRANCE SEARCH REPORT Agent File No.: City of Cape Canaveral City Hall Property Re -Plat File No: 15044711 BROWN GARGANESE WEISS & D'AGRESTA PA I I I N. ORANGE AVENUE #2000 ORLANDO, FL 328022873 Phone: 407.425-9566 ATTN: Kim (Copp THIS TITLE SEARCH IS AN OWNERSHIP AND ENCUMBRANCE SEARCH ONLY AND DOES NOT REFLECT TITLE DEFECTS OR OTHER MATTERS THAT WOULD BE SHOWN BY TITLE INSURANCE. Legal Description: Parcel 1: Lots 1, 2 and 3, Block 41, Avon By The Sea, according to the plat thereof as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida. Parcel 2: Lots 4, 9, 10, 11 and 12, Block 41, Avon By The Sea, according to the plat thereof as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida. Parcel 3: Units 1, 2, 3, 4, 5, 6, and 7 of Cape Canaveral Professional Building, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 2292, Page 2699, of the Public Records of Brevard County, Florida, and all amendments thereto, together with its undivided share in the common elements. Parcel 4: 0 a 68area sepal PW I d3 All Common areas of Cape Canaveral Professional Building, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 2292, Page 2699, of the Public Records of Brevard County, Florida. Last Record Title Holder: City of Cape Canaveral, Florida, a Florida municipal corporation Documents of Record (copies attached): Warranty Deed recorded in O.R. Book 5787, Page 967. Warranty Deed recorded in O.R. Book 5788, Page 6740. Warranty Deed recorded in O.R. Book 7050, Page 1978. Plat of Termination of The Declaration of Condominium of Cape Canaveral Professional Building, a Condominium recorded in O.R. Book 7092, Page 2890. Declaration of Condominium of Cape Canaveral Professional Building, a Condominium recorded in OR. Book 2292, Page 2699, as amended in O.R. Book 2701, Pages 2820 and 2834. Easement recorded in O.R. Book 2290, Page 2443. Easement recorded in O.R. Book 4108, Page 3165. ABSTRACTORS NOTE: Unable to determine ownership or name of City right of way referenced as Number 5 and unassigned as legal sent for search. Polk Avenue possibly dedicated by plat which would vest in the City. " Subject to the rights of the public for Parcel 5". 0&E Sn hR,p t Pee2"r3 Period Searched: From January 1, 1977 to April 27, 2015 @ 5:00 P.M.. Tax Information: Tax ID Number: 24 -37 -23 -CG -00041.0-0001.00 end 24 -37 -23 -CG -00041.0-0004.00 and 24 -37 -23 -CG -00041.0-0009.00 and 24-37-23-CG-00041.0-0013.XA 2014 Taxes are Paid Back Taxes: None OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has not searched for, nor do we assume any liability as to any, restrictions, easements, reservations, conditions, or limitations of record, further this report does not cover any improvement or special assessments by any county or municipal governmental agency. NOTE: The limit of liability under this certificate for the information furnished herein or for any reason whatsoever, whether based on contract or negligence, shall not exceed $1,000 and shall be confined to the applicant to whom the certificate is addressed. Date: May Ol, 2015 Author Signatory . 0 & E Sumh Ryon Nie 3 of ATTACHMENT 7 _ The document asperse h/: fm]Ji3 t 91001094N 'r Attorney at lam F0 Em ass EASEMENT Coma BnrA Fl 32931 THIS DEED, made this hiO4day of March 1981, by JAMES E. HOMAN and R. J. M1TEN as joint tenants with rights of survivorship, whose post office address isr 160 Polk Avenue, Cape Caraveral, Florida 32920, GRANTnRS; to J.N.D.J., INC., a Florida corporation having eet:u its principal place of business in Brevard County. Florida and 21x]51 lawfully authorizedto transect business in the state of Flori yy IIO PMK Q'je" ji `n -I GRANTEE. N]TNf RtETNt LLi.. " 1 H115225, the (DMYna6 ue the overs of that certain pmParty located SKE. j� Emeract Oanty, Florida, aha cora particularly decribed as: I �r N ot inn WorkAVMBY TKI a anair,nbq, it to M list tMerPof, as ouned J. Pet k I J, pays ], ndlle Records of arcwm emoro e e. � Florida, ]opwish Nlwrma Beadle zone, 1. .. x. ,B. " irarawftar called tie servient fit, and ft®TAS, tan fLLWtIFB is the terms of that certain property Immd in E[c2eN nvdy. Ploridv N Dab' rijamd to Da setitmrt taa®rt, W n bsing mons particularly drQibal oat ma b 13. Work IJ, eFiateia9 tC to in Plat lWok f, as mcfordsEa''i to the ,let uilt.A as sof . r, ], Pu611a AemrL or ertwra CountYr ly, Florida.rla. heaebs[f —11 the da vamt comment, and iWgtEro6, tha � psopmee m admit He dmdrent mart to the mdadniw facts a ..Yddp pswmot to Ir and aequirta a right of may and Ysmmlt U..I h aha . than servimd tm,w.d m the rmrr parking wo arm of the dFdhnt casementH n pmooes of Lpfecs and alrtm M much aafor ��the pramect asiert]¢au gh ha -dad 3n s ttzt/ park -la; , puombea vcm Q the existing building on the dnstnsht OvhsR m an office to 0a known as m Unit 3 , of the Cape Cmmferal Rotauimsl Building, a rvdonbdm, std Mkag1G, its, eAA1]1Ti may in els £aDnn, merit Hop nerviad ternimot m the mdoNlhtw fo® of oaumWdp ptmwnnt to lac, tnx THEREFORE, in mm{dvetim of UE " WIDD UDrr.6 151.00) paid by the TNaTE, the rs:ipt of chide is lereby ade Ced.20d, the cFNRIM hm',noted, bargained. and mtd to tie skairfEE, its ansa«) and assign a right of nog and eamaait for the pirpose of Ingram, and egfren to the OFF. RU. PAGE 2290 2443 Order. 15044711 Doc: 2.0I1I12009IBPIOR.2290.02443I1I1 PAGE 1 OF 3 Created By: Adair Bndges Printed: 5112015 11:43:20 AM EST rorty parking Lot of w doo� taroat,w eeemmt strip beteg described pen ew P alvtean haat ".., aM tb .,. slr,. f61t 116'1 01 fat 11, alxk el, AV 6r — —, remr✓ed in Plar seek 3. Page f, IOblfO Ntter6r Of .shard Gb-I., PlodCa. ".1her Wtb 1959 wlverlm NOWj. Nm f. b. Na. 1630. amSact to He follwim, 1. 'Tie rigid is aurattimed on, a. w msevnble exercise H eof ty the doa4ant team t. b. He mintarurca era rgair of the eaeaaart strip by w dmtirwrt teased at its Rm wase darip, whch Um wt w d t OOnavert a1n1L hate w delasiw ase Of egob rtgbt of esti W gess' .t. 2. 91e right of say +n6 al6®d h"io gOgOted dell >a fOr w e,elwiw aae of w d mirw,t tlfmmt during Ouch tiw Het w sst3sd ick ad is used try w taa9ffORS for i eidmtlal Pupoaec Out In He 0mr da = fom of cee dp. 3. EhwJL w � eskeit w eeteisnt t¢mmt to Hie OO imm nom of ae..hi, 1`. Regard to LN, w w awR48 ay® wt He right of way W e06essent my be 1of y ,sed M w dss a ed a OOt termhte. W in that w , tie testi W aRsave of lgt. W r,.irim Ne ua®t 6 1p doll w ON ny darel by bodh tsesgehta, W W hue of w Wd Oee®e6 lel both teggessots stall ba mtarluaiw u b each. 4, if geevhwa wt Wt 301 He CW. Cse'NRsl Psoteeaiaal eR Imog stall tot la matrn=ded m Het w eWtim A V tl-,Vh oadLsrs to prmfide isg e. W 09ress to W frvr the set P -t m arm of w aallWrt tamest. than w taVpelul6 stall Mw the rig* m temitegta w =i ht of W W m+md hale gt+rReed, lt/ t mrdim ouch teminWm in w Ablie Yrmde a lgrs td ooarty, rlwlaa. iN XI11E53 M"MF, fFleaas Iave esmfed tots 6001 as of w date first abom written. witnrsean � a or OFF.REC. PAGE 2290 2444 Order. 15044711 Doc: 2.01iII20091BPIOR.2290.024431111 PAGE 2 OF 3 Created By: Ada,r Bddges Panted: 5/1/201511:4320 AM EST 819„1: B F1aP,lti, me...e m t dry P�ly E. 101aJ�N ad P. S. F'19fIX, m ®tall ban m W tk Pe[eme dee¢Ibed 1n mtl W msavl9l t)c fcr� Boirg deal, ab mes r led w W. m tAa[ UM ahead fh vc for W Pa[p0ea N�azefn mWxeeat. '�.1: • M91644 Iwtl eN official veal tlLLc.?� of Ya[ch 1981. XlIM' xa+9 fa¢P�M+geLalvR • Y�4'M� Eq"�a Il�e9 OFF:REC. PAGE 2290 2445 Order. 150/4711 Dm: 2.OI1I120081BPIOR.2290.024431111 PAGE 3 OF 3 Created By. Adair Bridges Printed: 5111101511:43:20 AM EST a: RWO/SIOtMUER Sec 23 Twp 24 S, Rge 37 E Pblea93E9 a o � i��u��11�JI�N1�119N1�111911�IIIIII�II���NI�iI��G CPN -.2000001399 014)7.2000 121e pm OR naoklPrae: 4106 1 3165 Sandy Crawford ck& Of Count, a 41"NI CoLrh aPaa:2 anrm 2 EASEMENT Trust: 1.50 Rx: 9.00 sero Don Deed: 7 m Endre: 0.00 erne: 0.00 Int To: 0.00 S$ 1be undersigned, in casideraton of the payment of $1.00 and other good and valuable consdrraton, s o the adequacy and receipt of wmdh is hereby sclaahwledged, grant and give to Florida Power & Light Company, a "> Florida ourpuratiM its tcerrsees, agents, sucassas. and assigns, an a wn-A forever for the wttlruct!P operation and mairdenance of overhead and urK rgrmnd elociric utility facilities (including wires. poles, !alis, cables, co ddts and appurtenant equipment) to be Installed from time to time: with the right to reconstruct, improve, add to, eNmrge, change the voltage, as well as, the size of and remove such facilitles or any of turn within w easernena-, feet in wlddi described m Mom: A parcel of land lying within Section 23, Township 24 South, Range 37 East, being more pattialariy described as follows: The Norm 5.00 feet of the West 5.00 feet of Lot 9, Block 41 according to the Plat of Avon By The Sea as recerded in Plat Book 3, Page 7A of the Public Records of Brevard County, Florida. Together with the right to pernut any other persOa firm or Oapaation to attach wires to any facilities hereunder and lay cable and conduit within the easenwm and to operate the same for omnnhumiplia5 purposes; the right of ingress and egress to said premises at an timer the right to clear the land and keep it cleared of at frees, undergrowth and other Obstruction within the easement area; to vim and cut and Imep trimmed anal at an dead, weak leaning m dangen t, tars a limbs wtside of the easement area Which night int** a with or fall upon the lines a systems Ofconmwrtcetions or power transmission or distribution; and further grants, to the f llhat elders the undersigned has the power to gram, if at at, the rights hereinabove granted on the land heretc(ae described, over, along, under and across the roads, streets or highways anlJ a ft a through said property. I(J WITNESS WHEREOF, the ujjr has signed and sealed this instrument on in dayof Itiorornrr ,199 Signed, sealed and delivered in the nirmnoe of: i KABBOORD PROPERTIES INC. (Kckno Wledgement on nett page) STATE OF FLORIDA ) )ss: cOUNTYOF BervjgRD , On this 10 day of f ',P , 19fl before me, the undersigned notary public, personally appeared U111b k) KA;?0'WeD Pif pSiDvN 7' (title) and aY (title) of Ka AB oDa FT/Bf /N c . a FLA corporation, personally tome to be the persons who subscribed to the foregoing instnunent or who have produced and respectively as identification, and acknowledged that they executed the same on behalf of said corporation and that they were duly authorized so to do. IN WITNESS WHEREOF, I hereunto set my han and offic' s I. NOTARWUBLrC, STATE OF FLORIDA IERVLP lCom Fume - 6, 2 My otM P Yon - 6, 2001Commission99 ttrmca_ cru u,<.q f �. Name (Pri ): IN�I�IA IWIWIOIII���l�llal���� �� CFN:2000001M OR awwpw: 4106 / 3166 ATTACHMENTS David Dickey From: John Pekar <johnpekarpe@gmadxom> Sent: Wednesday, August 12, 2015 10:20 AM To: David Dickey Subject: Fwd: City Engineer review requested Per your request. John A. Pekar, PE --------- Forwarded message ---------- From: John Pekar <iohnpekame(alemail com> Date: Tue, Aug 4, 2015 at 9:05 AM Subject: Re: City Engineer review requested To: Todd Morley <T.MorlevCidcitvofcaoecanaveral org> Todd: We have reviewed the information provided and have no exceptions and/or comments related to the boundary and topo and vacating a portion of the Polk Ave. ROW. We recommend approval. John A. Pekar, PE On Thu, Jul 30, 2015 at 11:12 AM, Todd Morley<T.ModevQcitvofcaoecanaveml.ore> wrote: Good Morning John, As you may recall, the City is vacating a portion of the Polk Ave. ROW (attached) for the new City Hall Project. The City Council should approve the vacation at the August W meeting. Once that is approved, the vacated portion of the Polk Ave. ROW will be blended into the new City Hall property via re -plat. At the same time we will be including the City owned parcels north and east of the new City Hall site — all rolled into one plat (see attached). The P&Z Board is scheduled to hear the preliminary re -plat item at its August 26'" meeting. I am hoping that all goes smoothly at the Council meeting so all can go smoothly at the P&Z meeting. Please review both of the attachments and provide comments and/or an approval memo at your earliest convenience. Thanks!