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HomeMy WebLinkAboutBOA 2-26-2015 Porter PesentationBOARD OF ADJUSTMENT City of Cape Canaveral February 26, 2015 - PRESENTED ON BEHALF OF - JOHN, MICHELLE AND STEPHEN PORTER In Opposition to Special Exception for Cumberland Farms (Special Exception No. 2015-01) KIMBERLY BONDER REZANKA, ESQ. DEAN MEAD ATTORNEYS AT LAW 8240 DEVEREUX DRIVE SUITE 100 VIER -A, FL 32940 7380 Murrell Road Suite 200 Viera, Florida 32940 321-259-8900 321-2544479 Fax www.deanmead.com Mr. John Price, Chairperson 161 Maiestic Bay Avenue- Unit 301 —ape Canaveral, Florida 32920 Dr. John Fredrickson 8716 Croton Court Cane CajAX&WI_ Figrida 32911, Mr. Craig Kittleson 351 Harbor Drive ane Ca7averal- Fi*rida 329111 Mr. Harry Pearson 8703 Camelia Court Ca2e Canaveral, Florid.? Attorneys and Counselors at Law Orlando Fort Pierce Viera Gainesville KIMBERLY BONDER REZANKA 321-259-8900 x6103 krezanka@deanmead.com Mr. R. Lamar Russell, Vice Chairperson 376 Harbor Drive Cape Canaveral, Florida3 )2920 Mr. Ronald Friedman 742 Bayside Drive, 9405 Cai)e Canaveral. Florida 329211, Mr. Michael Moulton 514 Jefferson Avenue, Apt. B Cane Ca-taveral. Floridg. 32920 ''1 15 IN I I 1,1111INIII 1111 IIIIHIIIII! III I We represent John, Michelle and Stephen Porter regarding the above -referenced matter. The Porter families own properties to the southwest of the proposed Cumberland Farills. Tile Porters request that the Planning & Zoning Board consider three issues: the completeness of the application; the creation of an illegal lot by this carve -out for Cumberland Farms; and tile inconsistencies of this proposed Special Exception with "Envision Cape Canaveral". First, we believe the application is incomplete and request that it be tabled for the applicant to provide all necessary requirements of the City Code be met. The deficiencies in tl application include: (1) the lack of information regarding "internal circulation", especially sin the Site Plan identifies a cross -access easement but the applicant provided no information of it content or impact to the site or surrounding properties; (2) the lack of sufficient visual bufferi between the residential zoning districts to the north and west as required by § 110-5 66, Cape Canaveral Code of Ordinances ("City Code"); (3) the failure of applicant to address the public landscape easement that is located 20' along the eastern border of the property, for which FDOI r!,rovided a landscape grant; and (4) the complete failure of applicant to address the adverse — January 28, 2015 Page 2 impacts MAE resir=iai propenies near ine propose C I' F apT 55, 1 '70- ,•F-40 , ,• Second, the sale of the site to Cumberland Farms and the "Binding Development Plan" proposed by the applicant will result in an illegal subdivision of land. Once the property is 'lan"I s deeded to Cumberland Farms, the residences to the south will have no legal access to a public street, as required by § 98-107(c), City Code. The Porters have repeatedly warned that any attempt to create a roadway to the east of their properties will be aggressively opposed. The formalities of a subdivision or plat. The City should prevent this improper lot split and require that all subdivided lands have proper access. Third, this application violates the themes of "Envision Cape Canaveral", of which John Porter was an integral part of crafting. A few of the themes violated are native landscaping, no cookie cutter buildings, walkable, shaded sidewalks and street trees and aesthetically and architecturally unique styles. Should the Board approve this Special Exception, we ask that R n of Cape Canaveral. We are unable to attend this evening's Planning & Zoning Board meeting, but ask that this letter be considered as part of the record of the evening's hearing. If possible, we ask that it be read at the hearing. -TR4 WTITIMMM"111 =- MEM 9�1 = KBRJim cc: David L. Greene, City Manager (d.greene@cityofcapecanaveral.org) Mayor Rocky Randels (r.randels0a.cityof capecanaveral.org) Todd Morley, Director Economic Development (t.morleyna cityofcapecanayeml.ora) Kim Kopp, Assistant City Attorney (kkopp@oriandolaw.net) Kim Rezanka From: Linda Metress Sent: Wednesday, January 28, 2015 12:02 PM :'p.huffman@cityofcapecanaveraI.org' Cc: 'd.greene@cityofcapecanave raLorg'; r.randels@cityofcapecanaveral.org; t.morley@cityofcapecanaveral.org; 'kkopp@oriandolaw.net'; 'kit737@cfl.rr.com'; 'john@islandcremations.com' Subject: Opposition to Special Exception for Cumberland Farms (No. 2015-01) Attachments: V0244857.pdf Please forward the attached to the members of Planning and Zoning io. • as soon possible,and hand deliver r them tonight.• • like the letter to be .• part of • of tonight's hearing and to be read at the hearing if possible. •, • •I # t . # '�11 I �. • Linda Metress Legal Secretary to Kimberly Bonder Rezanka, Esq. LMetress(a7deanmead.com Dean Mead 7380 Murrell Rd, Suite 200 Viera, Florida 32940 321-259-8900' Fax 321-254-4479 www.deanmead.com Orlando I Fort Pierce I Gainesville I Tallahassee I Viera/Melbourne DEAN MEAD PRIVILEGED INFORMATION DISCLAIMER: This email is intended solely for the use of the individual to whom it is addressed and may contain information th0i is privileged; confidential or otherwise exempt from disclosure under applicable law. If the reader of this email is not the intended recipient or the e io c or <n. responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution. or copying of this conimur!ization is strictly prohibited. If you have received this communication in error, please delete this email, destroy any hard copies thereof, and noii y us imrnedia;e;Y by telephone. Thank you. Kim Rezanka From: Kim RezanZ Sent: Friday, February 13, 2015 10:17 AM To: 'jcunningham@ccvfd.org' Cc: David Dickey (D.Dickey@cityofcapecanaveral.org); 't.morley@cityofcapecanaveral.org' Subject: Cumberland Farms / Cape Shores Attachments: Scan File.PDF We represent John, Michelle and Stephen Porter regarding the above -referenced matter. The Porter families own properties to the southwest of the proposed Cumberland Farms. Based upon the attached email string, wherein you presume that "Mr. Baugher will provide a (sic) access road off Holman Road that will intersect with a road coming off of N. Atlantic", I need to advise you that we believe such an access road will be in violation of City Code and would be illegal. The Porters intend to fight the installation of such a "road", or "driveway" as proposed by Mr. i• •' We have advised the City of our concerns since Dollar General's site plan hearing two years ago. Additionally, we are astounded that the City would consider the dirt path north of Dollar General to be an appropriate road or access for residential property. The safety issues that arise from permitting a "road" to go through a parking lot are obvious. Mr. Baugher is causing his own access problems by agreeing to give up ingress and egress to Cape Shores Circle. The Porters should not be hanned by Mr. Baugher's self-serving decision to limit access to his property. Please be advised that a driveway off of Holman Road is not an access that the City can rely upon at this juncture. If your agreement to Mr. Baugher's plan is based upon this access road, please re-evaluate your decision. RAI W.- - Kimberly Bonder Rezanka. D E A N Shareholder MEAD KRezanka@deanmead.com Dean Mead 7380 Murrell Rd, Suite 200 Viera, Florida 32940 321-259-8900' Fax 321-2544479 wwAy.deanmead.corn Orlando I Fort Pierce I Gainesville I Tallahassee I Viera/Melboume UJIMIIjuA PRIVILEGED INFORMATION DISCLAIMER: This email is intended solely for the use of the individual to whom it is addressed and may contain infonnaiion that is privileged, confidential or otherwise exempt from disclosure Linder applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient you are hereby notified that any dissemination, distribution. or conving of this communication is strictly prohibited. If you have received this communication in error, please delete this email, destroy any hard copies thereof, and notify LIS immediately by telephone. Thank YOU. Nm� Pa, na Klickloym,, CFA, BrevArd County Propertv Apprwis�er -14AP SEARCH s:llwww.bcpao.uslscriptslesrima.p.dll?i=Brevztrdl&id=201502251619125O66&Par.... 2/251/2015 BCPAO - Property Details Parcel0000.00 L 24 -37 -AI Illq 26-00-00251.0- Millage Code- Exemption: Sale. Screening Sale Screening Source Physical Change— Code gwr-r-= Site Address is assigned by Brevard County Address Assignmel7t for E-911 purposes and may not reflect the postal community name. SecondCANAVERAL LLC Mailing Address:, 2210 S ATLANTIC AVE Land Information 0= l� N, .1: Market value L� established for ad valore�m purposes iry accordance with s.1 3.011(1) and (8), Florida Statutes, This value does not represent anticipated selling price for the property, 2: Exemptions are applicable for the year shown and may or may not be applicable if an owner change has occurfrd, 3: The Additional Homestead exemption does not apply iwhen rakulating taxable value for school districts pursuant to Amendment 1. • https:llwww,be,pao.uslaspIShow_pareel.a,sp?acct.--=2436768&gen=,r&tax--T&bld=-'r&oto l:'... 2/25/2015 . , Sail�ete ICode Sale. Screening Sale Screening Source Physical Change— Code 11111111111R. 3W. -Tat "g https:llwww,be,pao.uslaspIShow_pareel.a,sp?acct.--=2436768&gen=,r&tax--T&bld=-'r&oto l:'... 2/25/2015 BCPAO - Property Details A Page 2 of 2 10305/0153, 1 1/1/1900 1 0 DB j I I 11� 111- - -- 11, 1. -'] ,Sale screening and sale screening source codes are f6r, assessment purposes only and have no beating on potential marketability of the property. Mj. ��� Extra Feature Information Extra Feature Description SCREEN ENCLOSGRE OUTBUILDING ou" Extra Feature Information Extra Feature Description SCREEN ENCLOSGRE OUTBUILDING Data Last Updated: Tuesday, February 24, 2015- Printed On: Wednesday, February 25, 2015. https-,Hw-w-w.bcpao.tLs/asp/Sliolw,_parcel.asp,?accV=2436768&gen='F&tax---'I'&bld=:T&otl,i=1"... 2/25/2015 CFN 2014017198, OR BK 7055 Page 2820, Recorded 01/28/2014 at 02:37 PK, Scott Ellis, Clerk of Courts, Brevard County Doc. D: $0.70 b Prepared by and Return to: Robert A. Baugher 2210 S. Atlantic Ave Cocoa Beach, FL 32931 1263443 1111111110111111111111 Parcel ID Number: FRED EVANS $10.00 660 LEO DRIVE COCOA FL 32926 Quitclaim Deed This Quitclaim Deed, Made this day ofianuary, 2014 A.D., Between B&B ENTERPRISES OF CAPE CANAVERAL LLC, a Florida limited liability company of the County of Brevakd, State of Florida, grantor, and B&B ENTERPRISES OF CAPE CANAVERAL LLC, a Florida limited liability company whose address is: 2210 S. ATLANTIC AVENUE, Cocoa Beach, FL 32931 of the County of Brevard, state of Florida; grantee. Witnesseth that the GRANTOR, for and inconsideration of sum of ------------------------TEN DOLLARS ($10) ----------------------- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and quitclaimed to the said GRANTEE and GRANTEES heirs, successors and assigns forever, the following described land, situate, lying and being in the County of BREVIURD State of Florlda to wit: PROPERTY AS DESCRIBED'ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. This Deed is being given in order to divide the property into threik parcels for tax roll purposes. To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, fight, title, interest, lien, equity and claim whatsoever of grantor, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, the grantor has, hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in our presence: Kw, FM Pr -i nt,-el Name: T Wi,tness Witness B&B ENTERPRISES OF CAPE VERAL •a Florida limited ility com ny, (Seat) Managing Member P.O. Addressi 2210 & Atlantic Ave, Cocoa Beach, FL 32931 STATE OF Florida COUNTY OF Brevard The foregoing instrument was acknowledged before me this r?8 day of January, 2014 by ROBERT A. BAUGHER, Managing Member of B&B ENTERPRISES OF CAPE CANAVERAL LLC, a Florida limited liability company who is (2—=-01—Y known 10 ffi" or who has produced as identification. Notary Public My Commission Expires: ROBIN LOUISE CHAMBERLIN My COMMISSION #FF053370 EXPIRES November 9, 2017 BWSRABT 0153 Z= - A portion of Section 26, Township 24 South, Range 37 East, Brevard County, Florida, and including a I I of Lots 3 and 4 and a portion of Lot 5, PLAT OF GAE RETREAT, as recorded in Plat Book 11, Page 45 of the Public Records of Brevard County, Florida and being more particularly described as follow& Commence at the Northwest comer of said Section 26, thence N00141'56'VV, along the West line of Section 23, Township 24 South, Range 37 East, Brevard County, Florida, a distance of 40.00 feet, to the North line of that parcel described deed recorded in Official Records Book 5191, Page2 283, of the public records of Brevard Coun ty Florida; thence N89,17'40"E, along s aid North line, a distance of 722.75 feet, to the West right of way line of, North Atlantic Avenue - State Road AlA; thence SOO'37'54"E, along said right of way line, a distance of 398.37 feet, to the POINT OF BEGINNING of the herein described parcel; thence continue SOO*37'54"E, along said right of way line, a distance of 292.54 feet, to the North right of way line of Holman Avenue as shown on the PLAT OF GAE RETREAT, as recorded in Plat Book 1 1, Page 45 of the Public Records of Brevard County, Florida; thence S89'17'34"W, along said North right of way line, a distance of 270.76 feet, to the Southeast corner of Lot 2 of said PLAT OF GAE RETREAT; thence NOO'39'09"W, along the East line of said Lot 2, a distance of 90.85 feet, to the Northeast corner thereof; thence S89'17'34"W, along the North line of said Lot 2, a distance of 53.34 feet; thence N00137'54"W, a distance of 199.22 feet; thence N0016959E, a distance of 2.90 feet; thence N89'22'06"E, a distance of 324.06 feet, to the POINT OF BEGINNING, Containing 2.07 acres, more or less. Cape Canaveral, FLCode 0fOrdinances Page 4Of77 Q[ [ |�- ( T\e13,� 1J-0k�� of arterial streets or highways, including the principal entrance etna8te of residential development and streets for circulation within such 8 development. (3) Marginal access streets means minor streets which are parallel and adjacent to arterial streets and highways and which provide access toabutting properties and protectionfrom traffic. (4) Minor streets mean those which are used primarily for access to abutting property. (5) Expressways rn88ne streets or highways intended for fast and heavy traffic traveling a considerable distance On which pointe of ingress or egress and crossings are controlled, limited or separated. KD Haff street means a street generally parallel and adjacent to the boundary of a tract, having lesser right-of-way width than required for afull width ofthe type involved. Subdivider means the record owner, or designated representative, of a tract of land who undertakes the activities covered by this chapter, particularly the drawing up of a subdivision plat showing the layout of the land and the public improvements involved therein. Inasmuch aothe subdivision plat is nneog|y a necessary means to the end of ensuring a satisfactory development, the term "subdivider" is intended to include the term "developer," even though the persons involved in successive stages of the project may vary. Subdivision means the division of tract of land into two or more lots or parcels for the purpose of transfer of ownership or building development or, if a new street is involved, any division of a tract of land. The term "subdivision" includes resubdivision and replatting, and, when appropriate to the context, shall— relate to thq_process of subdividing or the land subdivided. Submit means the act ofdelivering bvhand, mail orother means. Tract means the total actual parcel of land that is being divided into a subdivision. Tree means any self-supporting perennial plant which has a trunk diameter of at least six inches measured one fooabove the ground adthe base ofthe tree and which normally grows toaminimal height of at least 25 feet during its lifetime. Unit means the lesser lot or parcel that results from the division of a tract. USCOEmeans the United States Army Corps ofEngineers. Utilities means water, sewage, drainage, electric light andpovxer telephone and gas lines. Watercourse means astream ofwater flowing inodefinite course, provided continued flow ie unnecessary ifthe stream has substantial existence. (Code 1981, §60302;Ord. No. 22-A3, § 1(50302).7-0-Q3) Cross reference— Definitions and rules ofconstruction generally, §1-2. ka> TheprbCeduneeandstandardsforthedeve|opnnentand3ubdivieionofnea|eetat8andfbrthe surveying and platting thereof, adopted and prescribed by this chapter, are found by the council to: (1) Be necessary and appropriate to provide for economical and sufficient streets with adeguate Cape Canaveral, FL Code of Ordinances Page 5 of 27 widths and with proper alignment and grades designed to promote the public safety, health and general welfare; _ (2) Provide for suitable residential neighborhoods with adequate streets and utilities and other improvements and facilities and appropriate building sites, to save unnecessary expenditures of public funds by initial proper construction thereof; and (3) Provide proper land records for the convenience of the public and for improved identification and permanent location of real estate boundaries. (b) This chapter is the minimum deemed necessary for the protection of the public health, safety and welfare. (Code 1981, § 503.01; Ord. No. 22-93, § 1(503.01), 7-6-93) Sec. 98-3. - Powers of planning and zoning board. The city council delegates to the planning and zoning board the powers expressed in this chapter. (Code 1981, § 503.01; Ord. No. 22-93, § 1(503.01), 7-6-93) Sec. 98-4. - Variance. (a) Hardship. Where the planning and zoning board finds that hardship may result from strict compliance with this chapter, it may recommend that the regulations be varied so that substantial justice may be done and the public interest secured; provided that such variance will not have the effect of nullifying the intent and purpose of the comprehensive plan or these regulations. (b) Application. Any person owning an interest in any real property may apply to the board of adjustment for a variance from these regulations. The application shall first be submitted to the planning and zoning board for study and written recommendation, and shall be accompanied by a fee established by the city council. The application shall be submitted at least 14 days prior to the board meeting at which it is to be considered. The board of adjustment shall consider the recommendation of the planning and zoning board as part of the official record when hearing an application for a variance. The application shall be in such form as approved by the planning and zoning board and shall contain the following minimum information: (1) The name of the owner of the particular real property. (2) If the applicant is other than all the owners of the particular property, written consent signed by all owners of the particular real property shall be attached. (3) The legal description of the particular real property, accompanied by a certified survey of that portion of the map maintained by the tax assessor reflecting the boundaries of the particular real Mim (4) The current zoning classification, special use classification, with any specified conditions, or conditional use designation as recorded on the official zoning maps. (5) The variance from the provisions of this chapter requested plus the basis for the request. (6) Names and addresses of all property owners owning property within 200 feet of the particularly property, accompanied by a certified surrey or that portion of the map maintained by the tax assessor reflecting the boundaries of the parcels affected. (c) Public hearing, notice. Upon receipt of the executed application and recommendation from the planning ,�,,,,,+•Hr�rt� 7i7s/In1 s Cape Canaveral, FL Code of Ordinances prescribe appropriate oondkions8nds8feouardsinoOnfOnnitvvviththisoh8pt8rgndanynrdin8nm3 enacted by the city. The board of adjustment may also, as 8 condition of approval, recommend compliance with any site plan or other specification submitted by the applicant when it has relied upon such site plan or specifications in granting the variance. Violation of such conditions and safeguards, when made 8part ufthe terms under which the variance is granted, shall b8deemed 8violation ofthis chapter. Variances granted from a specific requirement of this chapter shall be in full force only as long as that specific requirement is in effect. Furthermore, the board of adjustment may prescribe 8 reasonable time limit within which the action for which the variance is required shall be begun or completed, orboth. bd Any person or persons jointly or severally aggrieved by any decision of the board of adjustment may appeal the decision tothe city council pursuant ofthis Code. (b) The board of adjustment shall not rehear a variance once decided unless an error in substantive or procedural law is found following the decision, or unless the board of adjustment makes a finding based on a presentation by the applicant that new evidence, not discoverable by the applicant prior to the initial hearing, is found. A different or more effective presentation or clarification of the same evidence or matters considered at the initial hearing shall not be grounds for a rehearing before the board Ofadjustment. In addition to any other remedy the city may have at law or in equity, the city may seek temporary and permanent injunctive relief toprevent orredress any violation ofthis chapter. ARTICLE 11. - PLATS AND LOT SPLITS Editor'snmte-Ord.No. U3-201O.§2`adopted March 1O.2O1O.amended the title ofart. Utoread a8herein set out. The former title was "Plats." DIVISION 1. -GENERALLY Sec. 98-31. - Division of land; review and approval required; (a) Any sibdi-i-pion of land into two or more parcels sh all be su!�ect to the requirements of this article. (d No owner of real propeq shall sell, offer to sell or lease lots or tracts of land from such propeE!y without first having divided such prope!1y in accordance with the requirements of this article. Ee-fore such lot or tract is divided-lbe lots or tracts edtob8divided shall be surveyedbvaduly licensed Florida surveyor and approved by the city council by plat or lot split resolution in accordance with the specific applicable provisions ofthis article and F.8.ch. 177.Nopermit shall b8issued for the Cape Canaveral, FL Code of Ordinances Page 8 of 27 construction of any building or structure or for an electrical or sewer hookup on any lot or tract sold in violation of this article; provided, however, that any such violation can be remedied by complying with the provisions of this article. Additionally, any subdivision or lot split approved pursuant to this article shall in every respect meet the criteria established elsewhere in this article and the City Code for the category of zoning and other relevant codes under which the property is zoned. (Ord. No. 03-2090, § 2, 3-16-10) Sec. 98-36. - Submittal and review procedures. (a) In order to promote development of land within the municipal boundaries of the city that is harmonious with and otherwise in compliance with the comprehensive plan, surrounding development and all applicable codes, applicants for plat or lot split approval shall meet with staff in a preapplication conference. The preapplication screening and conferences are intended to assist the applicant in becoming more aware of and, therefore, more likely to comply with guidelines applicable to the project for which a plat or lot split will be submitted. However, the applicant is cautioned that the preapplication screening process is not intended to be a substitute for the formal plat or lot split submittal and review procedures. Nor is it expected that the applicant can rely upon conditional approvals received during the preapplication process as binding the city in any manner during subsequent plat or lot split submittal and review procedures. (b) The applicant will provide preliminary drawings of the proposed plat or lot split to the planning official. The number of copies required to be submitted shall be determined by the planning official. Upon submittal of the copies of the proposed plat or lot split, a preapplication conference shall be scheduled. (c) The proposed plat or lot split so provided shall contain a location map showing the relationship of the proposed subdivision to existing and proposed facilities as indicated in the comprehensive plan, and shall contain general information including, but not limited to, the following: (1) General information on the existing site conditions, water management facilities, soil conditions, floodplain data, topography, trees and vegetation, adjacent community facilities, utilities and surrounding property conditions. (2) General description of the proposed development including proposed number of lots, approximate lot width and depth, building size and type. Proposed stages of development, if appropriate, should be shown. (3) A plan showing the proposed pattern of streets, lots and water management facilities in relation to existing natural conditions of the site and its surroundings. (Ord. No. 22-93, § 1(503.03), 7-6-93; Ord. No. 03-2010, § 2, 3-16-10) Sec. 98-41. - Information required. The following information shall be provided to the community development department: a}hrnnt•hlanV '7/'75/'7O] S ME= (Ord. No. 03-2010, § 2, 3-16-10) DIVISION 4. - FINAL PLAT 010l....� The subdivision final plat shall conform substantially to the preliminary plat, as approved by the city council. The plat may contain only that portion of the approved preliminary plat the subdivider intends to record and develop at the time. Any such portion shall meet the requirements of this article. The final plat shall correct any inaccuracies indicated on the preliminary plat. (Code 1981, § 503.05(A)(1); Ord. No. 22-93, § 1(503.05(A)(1)), 7-6-93; Ord. No. 03-2010, § 2, 3-16-10) Sec. 98-57. - Res- • • ditor's note— Ord. No. 03-2010, § 2, adopted March 16, 2010, deleted § 98-5 , which pertained to number of copils and derived from Code 1981, § 503.05(A)(1); and Ord. No. 22-93,-§ 1(503.05(A)(1)), adopted Ju 6, 1993. 1 Sec. 98.58, - Data required for final approval. (a) The subdivision final plat shall be drawn by the subdivider to conform to the requirements of the city (b) One transparency (Mylar) or printable copy of the final recorded plat shall be prepared by the subdivider for the records of the city and shall be submitted to the city with all appropriate fees to enable the city to record the documents in the public records of the county. (c) The final plat shall comply with F.S. ch. 177, and shall additionally include a dedication statement by the owner(s), if dedicating streets or rights-of-way for public use. The dedication must be executed by all persons or legal entities whose signature would be required to convey record fee simple title to the lands being dedicated in the same manner in which deeds are required to be executed. The dedication shall include the name of the plat and the typed names of any witness, notary, or other person requireis' (Code 1981, § 503.08(A)(1)—(14), (B); Ord. No. 22-93, § 1(503.08(A)(1)—(14), (B)), 7-6-93; Ord. No. 03-2010, § 2, 3-16-10) Sec. 98-59. - Documents required prior to approval. (a) The following items shall be required for subdivision final plat approval: (1) Documentation from the city reviewing staff certifying the proposed subdivision is acceptable. (2) An irrevocable letter of credit, performance bond or certified check, in a form acceptable to the city attorney, which will enable the city to complete any unfinished improvements that are to be dedicated to the public, including, but not limited to streets, drainage facilities, street signs, sewer facilities, sidewalks and other improvements as shown on the final plat. (3) Draft of protective covenants, if applicable, whereby the subdivision proposes to regulate land use in the subdivision and otherwise protect the proposed development. If there is to be a homeowners' association established, copies of the articles of incorporation, declarations and restrictions, and the bylaws shall be provided. ant- Cape Canaveral, FL Code of Ordinances below. (1) The application is in compliance with the provisions of this article and applicable law. (2) The application is consistent with the city's comprehensive plan. (3) The application does not create any lots, tracts of land or developments that do not conform to the City Code. (4) The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. (Code 1981, § 503.05(C); Ord. No. 22-93, § 1(503.05(C)), 7-6-93; Ord. No. 03-2010, § 2, 3-16-10) Sec. 98-62. - Recording. The city shall be responsible for recording approved subdivision final plats. The final plat shall be recorded with the county prior to any certificate of occupancy being issued for the applicable plat. The city manager shall be responsible for adopting administrative procedures for ensuring that all final plats approved by the city council are recorded within 15 days of the date of the subdivider's updated title opinion or certification. (Code 1981, § 503.05(A)(4); Ord. No. 22-93, § 1(503.05(A)(4)), 7-6-93; Ord. No. 03-2010, § 2, 3-16-10) DIVISIONSecs. 98-63-98-65. - Reservelf Sec. 98-66. - Lot splits. (a) Lot split review and approval. An application for lot split shall be processed by combining the review and approval procedures of this article applicable to preliminary and final plat applications into one consolidated process as set forth in this section. (b) Definition. For purposes of this section, -the term "lot split" shall mean a division of a tract of land or lot that will result in the creation of exactly one additional tract of land or lot provided the following conditions are met: (1) The lot or tract of land to be split is a previously platted lot or legal description of record. (2) Each lot or tract of land created hereunder shall abut a public or approved private street, unless perpetual cross -access easements already exist on the lot to be split or are determined not to be necessary, or, if necessary, are provided by separate instrument. (c) Application. Applicants seeking lot split approval shall provide the following to the community development department: . (1) A complete lot split application on a form prescribed by the city manager. (2) The information required for preliminary plat approval set forth in section 98-41 (3) A filing fee established by resolution of the city council. (d) City staff review. (1) Upon receipt of a complete lot split application, the planning official shall review and forward to the appropriate city reviewing staff a copy of same and such other documents to enable the city reviewing staff to review the application and either find the application to be sufficient or point out areas that are inadequate or improper. The city attorney shall review the title opinion or Cape Canaveral, FLCode 0fOrdinances Page 15Of77 ^ certification. (2) City reviewing staff shall return in writing all comments, recommendations and questions to the applicant within 30 days of receipt of applicant's complete application. CD Should any comment orrecommendation made bvthe city reviewing staff require the applicant to revise its oubn/h±a[ the city reviewing staff shall review the revised submittal and return all comments, recommendations and questions to the planning official, who shall then forward all documents tothe applicant. (4) Upon receiving satisfactory reviews from all ofthe city reviewing staff, the applicantshall submit revised copies of the lot split and other information required by this section. The number of -copies required shall be determined by oih/ Staff. Upon receipt of all dooumnento, the planning oO5oi8| shall schedule the application for consideration by the planning and zoning board. (e) Public hearings. (1) The planning and zoning board shall consider an application for lot split at a duly noticed public hearing and shall vote to recommend approval or disapproval of the lot split to the city council. (2) Upon receipt of the planning and zoning board's recommendation, the city council shall, at a duly noticed public hearing, review and consider the planning and zoning board's recommendation and shall either approve or deny the proposed lot split. Any approval of a lot split shall be by resolution of the city council. 0l Review criteria. Before any lot split is recommended for approval bvthe planning and zoning board or approved by the city council, the applicant must demonstrate, and the planning and zoning board or city council must find, that the proposed lot split meets the following criteria: (1) The proposed lot split is in compliance with the provisions of this article and applicable law. (2) The application ioconsistent with the city's comprehensive plan. (3) The application does not create any lote, tracts of land ordevelopments that do not conform to the City Code. (4) The agplication provides for proper ingress and egress through a public or approved private street or al cross access easements. (g) Special notice for residential lot splits. Any proposed lot split ofaresidentially zoned property shall require special noboeb8providedtoadaoentpropertyovvneroatb*aot14dayophortoth8p|anniDg and zoning board hearing on the proposed residential lot split. Said notices shall be provided by regular mail to adjacent property owners within 500 feet of the property subject to the lot split application, and shall include the address and legal description of the subject property, and the date, time and location of the planning and zoning board hearing. Notices provided under this subsection are hereby deemed to be courtesy notices only and the failure to provide or receive said notices shall not be a basis of appealing any decision made under this section. Applicants shall be solely responsible for the cost of the notices required bythis subsection. (h) Recording. Upon approval of any lot split by resolution of the ojtv oounoU, the plat documents shall be duly recorded inthe public records ofBrevard County inaccordance with- and the lot split shall bereflected onthe appropriate city maps and documents. (i) Restriction onadditional lot split. Nofurther division ofaDapproved lot split io permitted under this section, except through the preliminary and final plat review procedures ofthis article. Cane Canaveral, FL Code ofOrdinances P4uc 17of77 MEM (Code 7987 §5O3OQ(C)(1); O/d No. 22-93, § 7(503 71(C)(1)) 7-6-93) All structures shall be connected tothe city sewer system. Gvatenl design and construction shall conform tothe "Criteria for Water and Sanitary Sewerage Systems Within Brevard County."All sanitary sewer plans must be approved by the city engineer and, as applicable, the state department of environmental protection and the state department of health and rehabilitative services ortheir successor departments/agencies. (Code 1981, §5O3OA(C)Q9 Ord. No. 22+93 §7/5O377(C)(2)), 7-6-93) Storm drainage, groundwater drainage and other drainage improvements plans and specifications for a subdivision must be approved by the city engineer and, as applicable, the St. Johns River Water Management District. (Code 1981, §5O3OA(C)(3);Ord. No. 22-93, § 1/5O3/7(C)(3)), 7-6-93) (a) Arterial streets cross sections of a subdivision shall be in accordance with the city comprehensive pl] Collector streets shall have either: (b) (1) A 60 -foot -wide right-of-way, two 20 -foot -wide pavements, four -foot -wide separation strips, five- foot -wide sidewalk on each side; or (2) A 60 -foot -wide right-of-way, 40 -foot -wide pavement and four -foot -wide sidewalk on each side. (c) Minor streets for row houses and apartments shall have a 60 -foot -wide right-of-way, 36 -foot -wide pavement, and five -foot -wide sidewalks on each side. For residences, minor streets shall have a 501 lifflilliTifflil Will N WIN I!: Jill: lirl k8 Marginal access streets shall have o5O-hoot+wdehg.24-hoot+midepavennent.andfive-foxot- e) Streets along development boundaries and streets connecting a development with existing improved street systems require cross sections as determined by the city engineer and approved by the plannil (f) Alleys must be paved full width, 20 feet minimum, as per approval of the city engineer (g) Grades on streets require plans and profiles to be approved by the city engineer. (h) Radii of pavements at street intersections shall not be less than 30 feet at the edge of the pavement or face ofthe ourb|ine. /0 All rights-of-way for ctreets, roads and drainage easements are to be cleared for their full width and. upon completion, left in e clean and neat condition. If required to prevent erosion or excessive vvoshinQ, such areas abutting the street and ditches shall be sprigged with grass or other protective measures shall be taken as required by the city engineer. Sec. Q8 -1O8. -Blocks. b6 The lengths,vvidtho8ndohap8SofbkzchSin8oubdiviskznSh8Ub8deternlin8dvvithdmereQardbzth8 (1) Provision ofadequate building sites suitable 0othe special n8edooftheumeoontemcdated. CQ Zoning requirements 8oprovided i ofthis Code ao0olot sizes and dimensions. (3) Such access, circulation, control and safety of street traffic as deemed necessary to protect the public health, safety and welfare. (4) Limitations and opportunities of topography. (b) Block lengths shall not exceed 1.5OOfeet orbeless than 50Ufeet. (c) Pedestrian access hg shall benot less than ten feet wide. At least six feet of the right-of-way shall be paved with Portland cement concrete where deemed essential to provide circulation, or access to schools, playgrounds, shopping centers, transportation and other community facilities. k8 In blocks over 1,200 feet in length or where otherwise deemed necessary to give pedestrianaccess ho schools, local shopping centers and p8rho, the city may require additional hg and pavement for pedestrian crosswalks. Such pedestrian crosswalks shall consist of a right-of-way dedicated to the city for pedestrian use. 88o 98-107 'LotS. (a) The size, width, depth, shape and orientation of subdivision lots and the minimum building setback lines shall be in conformity with chapter 110 of this Code pertaining to zoning. (t) Lot dimensions shall conform to chapter 110 ofthis Code pertaining tozoning. (1) Residential lots, when not immediately serviceable by public sewer, shall meet the minimum requirements of this Code pertaining hozoning. (2) Depth and width of properties reserved or laid out for multiple, commercial and industrial purposes shall be adequate to provide for offstreet service and parking facilities required by the type of use and development contemplated. (3) Corner lots for residential use shall have a width at least 15 percent larger than the width of interior lots along both adjacent streets in order to permit appropriate building setback from and orientation to both streets. /c\ The subdividingof the land shall be such as to provide,by meansfa public street, h lot with access 1.-0 an existing public street. /d\ Double frontage and reverse frontage lots should be avoided, unless essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet and across which there shall be no right of access shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. /e\ Side lot lines shall intersect streets and each other at right angles, and in no case shall a lot have an interior angle ofless than 3Odegrees from astreet orlot line. (Code /Q8t§503.//;Ord. No. 22-93, §/(503./3)' 7-6-93) nbQot:blaok 2/25/2015 Sec. 110-334. - Special exceptions permissible by board of adjustment. (a) In the C-1 low density commercial district, after public notice and hearing, the board of adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards as set forth in this zoning district. (b) The board of adjustment may adjust setbacks and provisions noted in article IX of this chapter as necessary and appropriate in granting special exceptions. (c) Special exceptions maybe permitted for the following: (1) Veterinary hospitals and clinics. (2) Radio and television studios, broadcasting towers and antennas. ,-(3),., Automotive service stations, subject to the following: a. All setbacks shall be no less than 25 feet from any portion of the building, including pump island. b. Underground storage is required for all receptacles for combustible materials in excess of 55 gallons. Such storage shall comply with all Environmental Protection Agency standards. c. The accumulation and storage of waste petroleum products is forbidden, unless in compliance with Environmental Protection Agency standards. d. Curb cuts shall be made in accordance with section 110-493 e. No service stations shall be erected or located within 150 feet of the property line of any church, hospital, school or park. f. • visual screen, meeting the specifications •: section 110-566, shall •-e provided • any -- propeLty line abutting a •- • or residential use. 1 Spark plugs, batteries, distributor parts, ignition system parts, vehicle wiring and the like. 2. Exhaust system components, engine cooling components, automotive air conditioning system components, braking system components, vehicle lighting system components, radios, steering assembly parts, fuel system components and the like. 3. Tire servicing and repair, but not recapping. 4. Washing and polishing, including the sale of related materials. 5. Greasing, oil changes and other lubrication. 6. Sale of cold drinks, package foods, tobacco and similar convenience goods for service station customers. 7. Road maps, informational materials, restroom facilities. 8. Truck and trailer rentals. h. Vehicles shall not be parked outside the building for more than four days, such four days to be considered as an accumulated parking time, whether consecutive or accumulated. about:blank 2/26/2015 Cape Canaveral, FL Code of Ordinances Uses permissible at a service station do not include body work, straightening of body parts, painting, welding (other than minor repairs), storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a body shop. j. Automotive parts, new or used, shall not be stored outside. k. Vehicles are not to be dismantled or scrapped for parts. I. Engine and transmission overhaul may be performed only inside the service bays. m. A minimum of two enclosed service bays and a customer waiting area must be provided if maintenance and repairs are a part of the business. n. A minimum building size of 2,000 square feet shall be provided. o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement. p. Landscaping shall conform to section 110-566 q. Service stations shall not be erected or located within 2,000 feet of the property line of another service station. (4) Places in which goods are produced and sold at retail upon the premises. (5) Vocational and trade schools not involving operations of an industrial nature. (6) Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises. Also see section 110-332 (7) Dry cleaning establishments using noninflammable solvents and cleaning fluids, as determined by the fire chief. (8) Retail stores using outside display areas, provided the following are met: a. The area of outside display shall not exceed in size one-third of the enclosed area of the principal structure. b. The outside display area shall be considered the same as the floor area for the purpose of calculating offstreet parking, setbacks and lot coverage. (9) New and used automobiles, major recreational equipment and mobile home sales with accessory services, subject to the following: All outside areas where merchandise is displayed shall be paved. b. All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street. c. All servicing and repair activities, except gasoline pumps shall be located in an enclosed structure. d. There shall be no storage of junked or wrecked automobiles, other than temporary storage not to exceed 30 days, and these vehicles shall be in an enclosed area and not be visible from outside the property. e. Ingress and egress points shall not be placed so as to endanger pedestrian traffic. (10) Single-family dwellings, two-family dwellings, townhouses or multiple -family dwellings; about:blank 2/26/2015 Cape Canaveral, FL CodeOrdinances Sec. 110-566. - Landscaping and screening between commercial or industrial zoning districts and residential zoning districts. (a) Whenever the boundaries of a commercial or industrial zoning district and a residential zoning district abut, a visual screen shall be provided within the required setbacks of the propertar which __ is developing or redeveloping. (b) Such visual screen shall: (1) Be provided along the entire length of the boundary separating the commercial or industrial zoning district from the residential zoning district. (2) Consist of decorative or ornamental fencing or shrubs designed and placed in a manner rendering such visual screen density of at least 80 percent within a period of two years after such screen is provided. (3) Be not less than four or more than eight feet in height, except as provided in -section-11 10-470 (4) Have a minimum of one ten -point tree value as defined in section 110-567 which shall be planted every 35 feet with at least two five -point trees on the minimum 50 -foot C-1 lot and three five -point trees on the minimum 75 -foot M-1 lot. (5) Be serviced by a functional underground sprinkler system adequate to maintain such landscaping. (6) Be properly maintained and replaced if for any reason it does not survive. (7) Be protected from vehicular encroachment. (c) All areas not paved or with other landscaping, as designated in this section or in section 110-567, shall be planted with grass, hardy shrubs, evergreen or other ground cover materials, as specified in section 102-52, having the cold -tolerance •Otherwise, theoodeveloper providemust documentation from . recognized knowledgeable person,defined in section1 M, that his choice of vegetation has a good chance of thriving or meets state requirements for low water -d .p Where a fence or -• to fulfill the screening-• - - shall be located • - foot inside of the property - of the property developing or redeveloping. - drainage easement, ditch or waterbody runs along a property line, placedadministrative waiver may be granted by the building official to allow the masonry wail or fence to be along the -d•- of the ditch or waterbody, -.r of on theop- - Wher existing trees exist within the buffer area, the fence or wall shall be located so as to preserve the (Code 1981,Ord. '1-21-92,•'t No. 03-2003, 8-19-03, • [ OS -200S, i l about:bl 2/26/2015 The overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses. The City adopts a long-term planning horizon of ten years, 2010. The City shall coordinate future land uses with the appropriate topography, soil conditions, and the availability of facilities and services. The measurement of this Objective is the coordination of land uses with the above parameters and the degree to which the following Policies are implemented: POLICY LU -1.1.1: The City shall require soil borings before development takes place to assure that the soil is capable of bearing the structure(s) proposed. POLICY LU -1.1:2: The City shall require developers to provide for the local sanitary sewer, reuse and water systems to serve their developments. POLICY LU -1.1.3 : their projects: drainage and stormwater managernent, open space, safe and convenient traffic flow and vehicle parking. WSINHWA The City shall apply its adopted level -of -service standards to a proposed development before allowing the development to take place. POLICY LU -1.1.5: The City shall require large scale residential development to provide an adequate range of services and facilities in accordance with the character of the development, and to reduce the direct or indirect cost to the public sector in providing Such services and facilities. Application for future land use map (FLUM) amendments must include data and analysis that demonstrate adequate water supplies and associated public facilities are or will be available to meet the projected water demand associated with the FLUM amendment. The City shall work toward redevelopment or renewal of blighted areas. The measurement of this Objective is the reduction of the number of blighted areas and the degree to which the following Policy is implemented. City of Cape Canaveral March 24, 2014 Comprehensive Plan Goals, Objectives, and Policies Page 45 The City of Cape Canaveral, through cooperation with area wide transportation agencies, shall continue to develop and coordinate a comprehensive transportation system that: serves the needs of all segments of its- population'; is in support of the Land Use and other elements of the Comprehensive Plan; provides adequate and safe access to adjacent land uses; promotes sound development policies; is an efficient and effective use of public resources; and promotes the efficient utilization of energy resources. In conjunction with area wide agencies, Brevard County and the State of Florida, the City of Cape Canaveral shall provide for a safe, convenient and efficient motorized and non -motorized transportation system. The measurement of this Objective is the safety, convenience and efficiency of the City's transportation network and the degree to which the following Policies are implemented. Pe4eyPOLICY T-1.1.1 The City shall continue with development of a program to provide for the regular maintenance and improvement of local streets so as to maximize safe travel for vehicles and pedestrians and reduce loss of life and property by reducing accidents. Aali-eyPOLICY T-1.1.2 The City shall work with the Space Coast Transportation Planning Organization and the Florida Department of Transportation in developing and utilizing level -of -service standards at peak hour on all roadways within the City's jurisdiction. The City hereby adopts level -of -service standard "E" for all roadways in the municipality as the minimum acceptable operating level -of -service (with a desirable level -of -service "C"). The City commits to maintain that level -of -service standard and to not permit any further significant degradation of that condition: (the cut-off point for indicating significant degradation will be a volume to capacity ratio (V/C ratio) --to be interpreted as a maximum acceptable, volume ratio (MAV ratio) --of 1.10: at the point that the City determines that the V/C ratio (MAV ratio) exceeds 1. 10, it will trigger a procedure in accordance with the City's concurrency management system to defer, modify or deny development orders or pen -nits which impact the roadway segment in question. In addition, once a substandard roadway is improved to a level -of -service "E" or better, the newly achieved level -of -service will become the new "maintain -and -not -further -degrade" standard. POLICY T-1.1.3 The City shall implement its >3olic of re uirin all clew develoi�rnents within the City to prepare a circulation plan that illustrates adequate r the adeauate design of Local street systems; and coordinates with the existing street patierns of the area. POLICY T-1.1.4 The City shall require dedication or reservation of future rights-of-way for major components of the overall transportation network when development takes place in a previously undeveloped area and when such future rights-of-way traverse or abut the property to be developed. Furthen-nore, with respect to S.R.-AIA, the City shall take steps to protect and preserve right-of-way to comply with the Maximum Through Lane Standards by using such strategies as building setback requirements, donation/dedication -- --- - ------ City of Cape Canaveral March 24, 2 01 Comprehensive Plan Goals, Objectives, and Policies Page 31 Pel4YP0LTCY T-1.4-3 all 1110111=0111*9,111614141 Pe-kyFOLICY T-1.4.4 Access Management - In its review of development plans, the City will carefully review proposed access points and limit them to provide reasonable access to the site and address safety issues. It will require frontage roads, shared access points, cross access and restricted turning movements where necessary. City of Cape Canaveral March 24, 201 Comprehensive Plan Goals, Objectives, and Policies Page 35 Sec. 110-466. - Application of performance standards. (a) Any use, buildin , structure or land developed, constructed or used for any permitted principal use or any use permissible as a special exception or any accessory use shall comply with all of the performance standards set by federal, state and county regulations. (b) If any use or building or other structure is extended, enlarged or reconstructed, the performance standards involved shall apply with respect to such extended, enlarged or reconstructed portion (Code 1981, § 641.15) Sec. 110-472. - Access. *Every street or on an approved private street or with legal �access access a public street and shall have a safe and convenient access for servicing, fire protection and required offstreet parking. All lots upon which structures are built shall have a minimum access width of 15 feet to a public right-of-way or an approved private right-of-way. (Code 1981, § 641.31) about:blank 2/26/2015 Sec. 110-31. - Reconsideration of rezonings, variances, special exceptions or administratiy2_p2peals. When a petition for rezoning, variance, special exception or administrative appeal has been acted on by the city council or board of adjustment and was disapproved or failed to pass, such petition in the same or substantially similar form shall not be reconsidered by the city council or board of adjustment for a period of two years. This section shall not apply to the property owner if the original request was an administrative application initiated by any official, department, board or agency of the city acting in any official capacity. This section shall not apply to any initial petition or petition for reconsideration filed by the city council. OI&TIMMAIII abotat: blank 2/26/2015 Cape Canaveral, FLCode Of(lz 4zuea Page l of (a) The planning and zoning board shall be required to review all special exception applications and make a written recommendation to the board of adjustment. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable special exception criteria set forth |nthis section. (b) Upon receipt of the planning and zoning board's recommendation, the board of adjustment shall make a final decision on the application. If the board of adjustment determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the board of adjustment may, at its discretion, consider an application without the planning and zoning board's recommendation. (c) All special exception recommendations and final decisions -shall be based on the following criteria. tothe extent applicable: (1) Whether the applicant has demonstrated th | | exception, including its proposed scale and intensity f5 h d iscompatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. (Z) Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the special exception requested. The site shall be of sufficient size to accommodatedesign iti h as screening,buffers, landscaping, space, off-street parking, and other similar site plan improvements needed to mitigate against potential d rS8 impacts of the proposed special exception. (3) Whether the proposed special exception will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. WU Whether the proposed special exception will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. (5) Whether the proposed special exception will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. (0) Whether the proposed special exception will have an adverse impact on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. (7) Whether the proposed special exception will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. ubout:blauk 1/27/2015