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HomeMy WebLinkAboutP&Z Agenda Pkt. 1-13-2010City of Cape Canaveral Community Development Department PLANNING & ZONING BOARD MEETING AGENDA —d JANUARY 13, 2010 - = 4 CAPE CANAVERAL LIBRARY °'TM°F CAPE 1W OF RAL 201 POLK AVENUE 7:00 P.M. AGENDA CALL TO ORDER: ROLL CALL: NEW BUSINESS: Approval of Meeting Minutes: November 18, 2009. 2. Approval of Meeting Minutes: December 9, 2009. 3. Special Exception Request No. 09-04, to Serve Alcoholic Beverages in the C-1 Zoning District, (6615 N. Atlantic Avenue, Unit C) - Section 23, Township 24 South, Range 37 East, Parcel 511.0 - Brigitte Krause, Petitioner, for Supra Color Enterprises, Inc., Property Owner. OLD BUSINESS: Recommendation to the City Council Re: Proposed Ordinance Amending Chapter 98, Subdivisions, Relating to Plats; Amending and Clarifying the Criteria Required for Preliminary and Final Subdivision Plat Review and Approval; Providing a Procedure for Review and Consideration of Lot Splits; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions - Kate Latorre, Assistant City Attorney. OPEN DISCUSSION ADJOURN Pursuant to Section 286.1015 F.S., the City hereby advises the public that: If'a person decides to appeal any decision made by the Community Appearance 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. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement Board, and/or Planning & Zoning Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at (321)868-1221, 48 hours in advance of the meeting. 75 10 N. Atlantic Avenue Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www.cityofcapecanaveral.org • email: ccapecanaveral@cEl.rr.com MEMORANDUM Date: January 8, 2010 To: Planning and Zoning Board members From: Barry Brown, Planning and Development Director RE: January 13, 2010 P&Z Board Meeting The first item on the agenda is a request for a special exception to allow for the sale of alcohol at Izzy's Bistro. Izzy`s currently has a special exception for alcohol, but it only allows for beer and wine. The applicant would like to serve liquor as well and change their alcoholic beverage license from a 2COP to a 4COP. The second item is a continuation of the review of the proposed revisions to the platting ordinance No 04-2009. Proposed revisions were brought to the P&Z Board on February 11, 2009. With modifications, the Board approved the proposed revisions and the ordinance went to the City Council for first reading on March 3, 2009. The Council approved the ordinance at first reading with the stipulation that staff prepare flowcharts of the platting and lot split processes and revise applications and fee schedule prior to the second reading. As staff was preparing flowcharts of the platting process it became apparent that additional revisions to the ordinance were necessary. After making revisions, staff brought the proposed ordinance back to the P&Z Board for review and .comment at its December 9,-2009 meeting. Recommended revisions from that meeting have been incorporated into this version of the ordinance. See minutes for recommended revisions. PLANNING & ZONING BOARD MEETING MINUTES NOVEMBER 18, 2009 A Regular Meeting of the Planning & Zoning Board was held on November 18, 2009, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Bea McNeely, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson... . Donald Dunn Harry Pearson John Johanson Ronald Friedman OTHERS PRESENT Barry Brown Kate Latorre Duree Alexander Todd Morley Chairperson Vice Chairperson 1st Alternate 2nd Alternate Planning & Development Director Assistant City Attorney Recording Secretary Building Official All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS 1. Approval of Meeting Minutes: August 12 2009. Motion by Harry Pearson, seconded by John Fredrickson, to approve the meeting minutes of August 12, 2009, with minor corrections. Vote on the motion carried unanimously. Barry Brown, Planning & Development Director, addressed the Board. He advised that the Board would be considering three agenda items at this meeting. The first was a request for five variances to accommodate a pool screen enclosure, privacy fence, accessory structure (shed), and a pool accessory (pump) at 201 Tyler Avenue. The other two items were proposed ordinance revisions to amend Chapter 102 - Vegetation, to remedy a number of tree code related complaints; and Chapter 110, Section 110-482 - Underground Utilities, to extend the requirement for undergrounding utilities to include: redevelopment, and renovations of existing buildings. Planning & Zoning Board Meeting Minutes November 18, 2009 Page 2 2. Recommendation to the Board of Adiustment Re: Variance Request No. 09-02 to Allow a Screen Enclosure Side Setback of 10 ft • a Screen Enclosure Rear Setback of 4 ft.; a Side Yard Setback of 9 ft from a Public Street Richt-of-Way for a 6 ft. High Fence: a Rear Setback of 3.3 ft for a Shed; and a Side Yard Setback of 4 ft. 8 in. for Pool Accessories -Section 23, Township 24 South, Range 37 East, Block 42, Lot 1.01, Avon by the Sea Subdivision, (201 Tyler Avenue)_ David D. Jones, MD and Heather Parker -Jones PHD Petitioners. - - --Barry -Brown, -Planning & Development Director, -addressed the Board..... --He - advised that the request was for variances, from various city codes, to allow: a screen enclosure side yard setback of 10 ft., rather than 15 ft.; a screen enclosure rear setback of 4 ft., rather than 5 ft.; a side yard setback of 9 ft. from a public right-of-way for a six ft. high fence, rather than 25 ft.; a rear setback of 3.3 ft. for an accessory structure (shed), rather than 5 ft.; and a side yard setback of 4 ft. 8 in. for an accessory (pool pump), rather than 15 ft. Barry Brown stated what the future land uses and zoning designations were of the surrounding properties. He testified that the Petitioners purchased the property in June 2008 for weekend use; the townhouse was constructed in 1983 and the pool was constructed in 1986, without a screen enclosure; the family is highly allergic to mosquito bites; and Cabbage Palms and a Banyan tree located adjacent to the pool drop leaves, berries, and blooms into the pool, creating a maintenance issue. The Petitioners decided to have a screen enclosure constructed over the pool, and earlier this year retained Coastal Craftsman; the contractor failed to obtain the required building permit, which resulted in the screen enclosure being constructed illegally, not being properly engineered, and side and rear setbacks not meeting requirements of the city code. The Petitioners did not realize that the screen enclosure was not properly permitted and that it did not meet the city's code, and when it was brought to their attention, they wanted to file for the proper permit(s) and follow the provisions of the city's code(s). He advised that in evaluating their application for a screen enclosure, staff discovered that there were several nonconformities with the recently constructed screen enclosure, as well as an existing privacy fence, shed, and - pool pump. Barry Brown explained that the current city code allowed a 15 ft. side yard setback for a pool, enclosure, and accessories; the pool was 15 ft. from the side yard property line and met the current code; however, without a variance, the screen enclosure would have to be built on the lip of the pool, and therefore one could not walk around the perimeter of the pool. In order to allow for a reasonable use of the pool, and the ability to walk around the pool perimeter, the applicant was requesting a variance for a side setback of 10 ft. for the screen enclosure, rather than the required 15 ft. per the city code. He pointed out the pertinent sections of the city code. He summarized the variance evaluation criteria, per city code (Section 110-37); and staffs analysis of the request. Planning & Zoning Board Meeting Minutes November 18, 2009 Page 3 Barry Brown gave staffs recommendation. He testified that staff supported necessary variances to reasonably accommodate a pool screen enclosure, privacy fence, and pool accessories, but did not support rear setback variances for a pool enclosure and shed. Specifically, staff supported a side yard of 10 ft. for the pool screen enclosure and 9 ft. for the fence, as this would allow for reasonable use of the pool, while minimizing the encroachment and variance requested. Staff also supported a variance for the pool accessory (pump), as the applicant inherited the pool pump where it was. Additionally, the pool pump was not causing a problem, and there was no place else to locate it to meet the city -coder He advised that staff did not support a variance from the rear setback for the screen enclosure and shed. He explained that the screen enclosure could be easily relocated to meet the existing city code requirement; and the shed was in disrepair, deteriorating, and not suitable as a host structure for support of the enclosure. He advised that staff recommended that the shed be demolished and replaced with a new shed which would be placed on the property to meet the current city code. The Board members viewed photographs and a survey of the subject property. He advised that the pool was constructed in 1979. Discussion followed. Dr. Parker -Jones, Petitioner, addressed the Board and answered various questions from the Board members. She affirmed that her family was highly allergic to mosquito bites; and that Cabbage Palms and a Banyan tree drop leaves, blooms, and berries into the pool. Todd Morley, Building Official, addressed the Board regarding encroachment of pads for emergency generators. Lamar Russell and John Fredrickson commented that they supported staff recommendation. Miles Komura, 211 Taylor Avenue, citizen, commented that he supported the request. Donald Dunn commented that the screen enclosure should be closer to the pool to allow three feet around the pool. Discussion followed regarding staff recommendation. Motion by Harry Pearson, seconded by John Fredrickson, to recommend approval of Variance Request No. 09-02, to the Board of Adjustment, as per staffs recommendation. Vote on the motion carried unanimously. 3. Recommendation to the City Council Re: Amending Section 110482, Underground Utilities. Kate Latorre, Assistant City Attorney, gave the Board an overview of proposed amendments to city code Section 110482, Underground Utilities. Brief discussion followed. Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of the proposed amendments to Section 110-482. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes November 18, 2009 Page 4 4. Recommendation to the City Council Re: Amending Chapter 102, Vegetation. Todd Morley, Building Official, advised that the City Council directed staff to investigate a remedy regarding a number of tree code related complaints. He explained that a committee of city staff members was formed; a first meeting was held where the group identified problem areas of the code and decided on a .course of action;. he researched the existing Brevard County -tree code, as well as proposed revisions to the Brevard County tree code; several good practices were uncovered and revealed to the committee. At a second meeting, the group debated many conceptual differences; and it was decided to limit the changes to the problem areas. The group agreed to the following: Expand the exemptions section to include all residential parcels under 10,000 sq. ft., revise the penalties downward, include a provision that a Certificate of Occupancy may be withheld if a violation of the Chapter exists (new construction), limit the use of palm trees used for mitigation, acknowledge the difference between "land clearing" and "clearing of understory", create criteria for City Council when considering the removal of a specimen tree, and revise the minimum "size of tree" requirement downward. Mr. Morley gave an explanation of each item. The Board members reviewed the proposed draft ordinance and held discussion regarding the proposed revisions. By consensus, the Board members agreed to make the following additional changes to the proposed revisions: • Sec. 102-38, Enforcement and penalties (b) (1) Failure to obtain a permit required by Section 102-39, that the words "not to exceed $5,000" be stricken. • Sec. 102-38, Enforcement and penalties (b) (4) & (b) (5) - be left in. • Sec. 102-41, Specimen trees (c) (2) - that the Building Official meet with a city arborist for input regarding the number of feet from the foundation of the proposed structure is acceptable. • Sec. 102-45, Minimum tree requirement (a) & (b) that a 1" dbh minimum be changed to a 1 112" dbh minimum. • Table 1, City of Cape Canaveral Tree Replacement Standards, that a definition be created for "tree canopy'; and DBH of Protected Tree - that it read as follows: Number of Replacement for Each Tree Removed Minimum 1 112" dbh. Motion by Donald Dunn, seconded by Lamar Russell, to recommend approval of the proposed amendments to Section 102, Vegetation, to include the additional proposed revisions as discussed. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes November 18, 2009 Page 5 OPEN DISCUSSION Donald Dunn discussed building heights. He suggested having changes made in the city code to eliminate floor heights and building heights. Barry Brown advised that a draft of the final visioning report would be available next week. A copy of the report would be provided to all board members. Joyce Hamilton commented that each Board has special input in the visioning process. Discussion was held regarding the proposed plat ordinance and when it would be presented to City Council. Discussion was held regarding tree mitigation and storm water issues regarding the Cape Caribe project. Barry Brown advised that the issues must be resolved before presenting the site plan to the Planning & Zoning Board for recommendation to City Council. Discussion was held regarding establishing a time limit for expiration of site plans, (city code Section 110-224). Motion by Lamar Russell, seconded by Donald Dunn, to direct city staff to create an ordinance establishing a time limit on site plans and present it to the Board for recommendation to City Council. Vote on the motion carried unanimously. Barry Brown advised that there were Board meetings scheduled on November 25th and December 23rd. Motion by Lamar Russell, seconded by Bea McNeely to cancel the meetings scheduled on November 25th and December 23rd. Vote on the motion carried unanimously. Barry Brown announced that the next Board meeting would be held on December 9th. The Board members requested a report from city staff regarding special exceptions. Motion by Lamar Russell, seconded by Bea McNeely, to adjourn the meeting at 10:00 P.M. Bea McNeely, Chairperson Susan L. Chapman, Secretary PLANNING & ZONING BOARD MEETING MINUTES DECEMBER 9, 2009 A Regular Meeting of the Planning & Zoning Board was held on December 9, 2009, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Bea McNeely, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson ..... ..... _Donald Dunn -.. Harry Pearson John Johanson MEMBERS ABSENT Ronald Friedman OTHERS PRESENT Barry Brown Kate Latorre Duree Alexander Todd Morley Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Planning & Development Director Assistant City Attorney Recording Secretary Building Official All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS Approval of Meeting Minutes: November 18, 2009. The Board members held discussion regarding agenda item 4 of the minutes. Following discussion, a motion was made by Donald Dunn, seconded by Harry Pearson for the draft minutes to more specifically reflect the recommendations agreed to.- by consensus of the Board members regarding item 4; and that approval of the minutes be postponed until the next meeting. Vote on the motion carried by majority, with members voting as follows: Donald Dunn, for; John Fredrickson, for; Bea McNeely, against; Harry Pearson, for; Lamar Russell, for. 2. Recommendation to the City Council Re: Proposed Ordinance Amending Chapter 98 Subdivisions Relating to Plats; Amending and ClarifVinq the Criteria Reguired for Preliminary and Final Subdivision Plat Review and Approval; Providing a Procedure for Review and Consideration of Lot Splits; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions - Kate Latorre, Assistant City Attorney. __ Planning & Zoning Board Meeting Minutes December 9', 2009 Page 2 Barry Brown, Planning & Development Director, advised that the first item on the agenda was additional revisions to the platting ordinance No. 04-2009. He explained that the proposed revisions were brought to the Planning & Zoning Board on February 11, 2009. With modifications, the Board recommended approval of the proposed revisions, and the ordinance went to the City Council for first reading on March 3, 2009. The Council approved the ordinance at the first reading, with the stipulation that the staff creates flowcharts of the platting and lot split procedures. He commented that it became clear that additional - - revisions to -the-ordinance -were- necessary...--- He-further--advised-that---the-new- - - - version of the ordinance adds back the pre -application meeting and makes it mandatory for preliminary plat and lot splits, unless determined it is not necessary by the Planning Official. Mr. Brown proposed adding back ,the pre - application meeting, because it was at this stage that access management issues, including driveway locations and cross -access can be addressed, as well as easementand right-of-way dedications. He further explained that the current code did not delineate between the submittal of plat copies for review by city staff and the submittal of copies for the Planning & Zoning Board and the City Council and explained same. He noted that the number of copies to be submitted was removed from the code, as it may change over time and would, therefore require an amendment to the ordinance. He also advised that the code did not have staff review procedures for lot splits; therefore, the review procedures for preliminary plat were incorporated into procedures for lot split. Mr. Brown outlined the platting and lot split .processes. The Board members reviewed the proposed revisions to Ordinance No. 04-2009, dated December 4, 2009; and corresponding flow charts. Mr. Brown clarified that the Board members were reviewing changes to the ordinance since the Planning & Zoning Board reviewed it last. Discussion followed. During discussion, Kate Latorre, Assistant City Attorney advised that City Council had made some changes to the draft ordinance after the Planning & Zoning had made its recommendation. Barry Brown verified that changes had been made to Section 98-47, General criteria for approval. He noted that some of the items would be subjective. Discussion continued. Barry Brown advise the Board members that there were two letters received, one from Mr. McMillin and one from Mr. Hartley, which contained a lot of good points and issues. He advised that they were both at the meeting to address the Board. He noted that they had worked from the version of the plat ordinance after it went to the City Council for first reading. They did not have the benefit of the latest version that the Board members had. He noted that some of the issues were already addressed (i.e. the pre -application meeting, and staff review for lot splits). Planning & Zoning Board Meeting Minutes December 9, 2009 Page 3 Earl McMillin, 397 Holman Road, addressed the Board. He questioned where the burning need for a lot split ordinance was. He commented that the City was heavily developed. He voiced his opinion that if property owners were dividing pieces of property and the city did not know about it, the answer was not for the city to create a lot split ordinance, because the city already had laws that say they can't do that. The answer was to get a means of communication from Brevard County to tell the city every time there is a deed filed that affects - -----------property-within the -city: --He advised, as -he said -in -his -letter, that there were many---- --- reasons why the southwest corner of the city should be excluded from the lot split ordinance, if that is what the City Council was going to approve. He advised that his letter stated reasons why that area is unique. He noted that the city adopted the Florida Building Code and a person can apply for a permit with the application being valid for 180 days, and then the application can be extended by the Building Official. Under the Florida Growth Management Act, anybody who has a problem with an action by the city that is not compatible with the Comprehensive Plan only has 30 days to raise that issue. He did not want to see the special neighborhood in the southwest corner of the city impacted unnecessarily. He advised that the city's 1990 Comprehensive Plan said that there shouldn't be any development in that area. He noted that the current Comprehensive Plan talks about wetlands. There are no wetlands, because everything has been filled-in. All they have now is a very low density neighborhood that has a special wildlife habitat, as he pointed out in his letter. He advised that the City of Cocoa Beach's code states that lot splits are not allowed, and he questioned why the residents of Cape Canaveral don't have the same protections. Mr. McMillin reviewed the city's flow chart for lot split. He pointed out that anyone that wanted to make a claim that the City has not acted in accordance with its Comprehensive Plan, because 30 days is long gone even before notice of the City Council meeting. He viewed this as a major lot split. He advised that the expertise of the Planning & Zoning Board being taken out of the process may save the city time and money, but with all the Board members experience, that removing them from the process was not a good idea, particularly for the properties in the southwest corner of the City. Mr. McMillin clarified that there would be a lot more experienced and intelligent people reviewing a plat, than a lot split going to the City Council. Charles Hartley, 399 Holman Road, addressed the Board and voiced his concerns. He noted that in reviewing the ordinance revisions that the Board members were considering this evening, he was not convinced that the new draft ordinance eliminated their concerns. He believed that there was nothing in the code that prevented two people from buying two parcels of property and each of them would still have the right to do a lot split. He pointed out that Chapter 98 is for subdivisions, and plats are covered by Article. Planning & Zoning Board Meeting Minutes December 9, 2009 Page 4 Mr. Hartley voiced his opinion that the problem with the way the lot split ordinance is written is its approach to the planned land use development; the implementation of the proposed ordinance, as written, runs into a collision course with the city's Comprehensive Plan and would appear to violate the requirements of Chapter 177, regarding subdivision platting; the confusion begins with combined usage of survey and plats. He explained that a survey is a conveyance of ownership or entitlement to property rights; it pertains to a single lot or parcel, and shows the graphic physical dimensions of the property; it is - ---------often -referred--to -as the -metes -and -bounds -boundary --survey. On -the other hand, - a plat is a survey of more than one lot or parcel of land; it includes all dimensions and features of the tract, such as: parcel size, streets, roads, and dimensions. A plat from the city's own definition of requirements has easements, street and road dimensions, easement widths and purpose, utility right-of-ways, historical monuments, and control points, river(s), stream(s), wetlands, minimum setbacks, and other conditions on adjacent property. He advised that for example, a subdivision requires a plat map, which tells the city and the county how the tract is to be developed, and meet all the code and ordinance requirements for planned community development, and that it complies with the requirements of the Comprehensive Plan, Future Land Use Map, and is compatible and harmonious with the surrounding community. He advised that the lot split ordinance focuses on surveys, not plats. Mr. Hartley gave examples of same. He advised that it grants waivers from the platting process, and says that the lot is to be previously platted or have a legal description of record. He noted that a legal description is nothing but a description from a boundary survey. He further advised that the code states that it must meet the criteria elsewhere in the Article. He noted that the Article refers to plats, but it is already stated that its purpose is to grant waivers from the platting process; therefore, it waives the platting process and then complies with that waiver. He clarified that the only thing that is required to create a subdivision of any parcel, anywhere in the city, is a survey and a set of construction plans. He noted that the number of required copies and review by the department was at the discretion of the Planning & Development Director. If a subdivision is created there are no provisions for referral to the Planning & Zoning Board. That denies notice to the property owners, which prevents their right to be heard. As the code is written, the city would be waiving its entire responsibility for review and approval of the planning process for subdivision development, therefore the city would be creating subdivisions by lot splits without having conducted a formal plat review for a platted subdivision in violation of Chapter 177. He advised that it would promote a bad practice of unplanned development and permit denial of the constitutional rights of the property owner. That is why they were urging the city to look more deeply and carefully into the language of the ordinance. The language needs to be clear and ambiguous. He commented that when you are writing something into law you don't leave areas open for judgment; and things that are not clear only create dispute, strife, and lawsuits. Planning & Zoning Board Meeting Minutes December 9, 2009 Page 5 Mr. Hartley voiced his opinion that the city did not want a procedure that bypasses the city's responsibility for plat review process for the creation of subdivisions. The city should want to ensure compliance with its Comprehensive Plan, Chapter 177, and all codes, laws and ordinances. Most importantly, the city should have a procedure that affords protection to the interest and rights of the citizens. Mr. Hartley highlighted the main issues when applying such an ordinance to a community like Holman Road. He advised that every single parcel from when it was created is on some plat somewhere. He explained that -- --the- Holman -Road-community-was-platted--before-the-city--became -a -city. --The Hartley's have been living there for 30 yrs.; the community is an established community; it has an historical nature, including the oldest school house sitting on Holman Road in Brevard County. He commented that to come in 50 years after this community was developed, to come in and say we are suddenly going to create subdivisions simply by lot split does not make any sense. He advised that the creation of a subdivision increases all of the levels of services provided by the city, which should be taken in consideration. Discussion was held regarding lot splits of commercial property; the possibility of excluding certain areas from the abbreviated lot split process; recommending approval of the proposed ordinance, minus the lot split section; applying the criteria of Section 98-61, General Criteria for Approval into Section 98-6, Lot splits. Following discussion, the Board agreed by consensus, that language be added to the flow chart as to what happens after a preliminary plat is approved; page 16 of the proposed ordinance under lot splits, that the language regarding "The City Council may, by resolution at a public hearing, grant waivers from the platting requirements...." be worded to clarify that the City Council may waiver "some" of the platting requirements; add criteria to the lot split section similar to plat criteria; add criteria for notification requirement for a lot split; and include review of lot split by the Planning & Zoning Board. Motion by Lamar Russell, seconded by Donald Dunn that the City Attorney make additional changes to the draft ordinance as discussed at this meeting for consideration at the next meeting. Vote on the motion carried unanimously. 3. Review of Final Visioning, Report. Barry Brown, Planning Director, advised this agenda item was the Board's review of the Final Visioning Report. He explained that the City Council requested that all advisory boards review the Visioning Report and provide their thoughts and comments. He announced that the Visioning Report can be downloaded from the City website or a CD of the report could be picked up in the Community Development office. Planning & Zoning Board Meeting Minutes December 9, 2009 Page 6 Barry Brown, Planning Director, advised that the City had a very successful visioning process, which included six workshops, with great citizen participation. A few weeks ago the East Central Florida Regional Planning Council (ECFRPC) presented the City with a draft of the Final Visioning Report. The Citizens Visioning Committee held a meeting with Phil Laurien, Director of the ECFRPC, who facilitated the workshops. At that meeting, the Visioning Committee adopted the report, with revisions, and approved forwarding the report to the City Council. On January 19, 2010, at a regularly scheduled City Council meeting, the Visioning Committee, as a group, will present the report. Additionally, Phil ....._.....Laure__n wif]_atte.nd that.meeting_to discuss the_report..with._the._City_C.oun.cil._____.______ Subsequently, City Council will schedule a workshop that will solely be about the visioning. At that workshop, it will be decided which of the recommendations and outcomes the City wants to implement, in what order to achieve them, and how much money the City is willing to spend. Staff will provide City Council with an action plan for each recommendation that will include: processes, timelines, and estimated costs associated with implementing the various action items. Motion by Harry Pearson, seconded by Bea McNeely, to adjourn the meeting at 9:4'1 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral, Florida P&Z Board January 13, 2010 STAFF REPORT Request: For a Special Exception to allow for the on premise consumption of alcoholic beverages per Sec 110-171(a). The property currently has a special exception that allows for the sale of beer and wine only. The applicant would like to be able serve liquor as well and change the alcoholic beverage license from 2COP to 4COP. Applicant: Brigitte Krause, owner of Izzy's Bistro Owner of property: Supra Color Enterprises, Kurt Tezel, President Subject property: 6615 N. Atlantic Ave. Suite C, Cape Canaveral, FL. Future Land Use and Zoning designation: C-1, Commercial Surrounding zoning: North — C-1, Commercial East — County Commercial South -- C-1, Commercial West — C-1, Commerical Surrounding uses: North — vacant property East — Commercial - Pyro City; Beach Plaza inc. Rubio's and Pioneer Printing South — vacant property West — Cape Shores condominiums History and Description Brigitte Krause, owner of Izzy's, wanted to be able to serve liquor. Izzy's is within 2000 ft. of another establishment serving alcohol. Our code called for a minimum of 200 seats for a restaurant to be exempt from the requirement of a 2000 ft. separation from another establishment selling alcohol. Izzy's requested that we revise our code to require that a restaurant have only 150 seats to be exempted from the distance requirement. City Council adopted the ordinance revision on August 4, 2009. On June 23, 2009 staff met with representatives of Izzy's Bistro regarding the proposed code amendment. In preparation for that meeting, Todd Morley prepared the attached memo dated June 22, 2009. This memo identifies the issues to be addressed once the code was revised, specifically parking and sewer impact fees. On September 1, 2009, 1 met with Kurt Tezel, owner of the property, to discuss the parking situation. He was provided parking calculations and was apprised that if parking cannot be provided on-site, our code allows for parking to be provided off-site within 500 ft. of the establishment. Also, a parking agreement signed by each party is required. Staff is not aware of any other option, short of a variance, to provide relief from required parking. Our code requires that a Special Exception (SE) be granted by the Board of Adjustment for a restaurant to serve alcohol. Izzy's current SE allows for beer and wine only. On November 4, 2009 staff met with Brigitte Krause and Gary Kirkland in a SE pre -app meeting where requirements of code and the SE worksheet were discussed as well as parking (see parking talc attached). Our code allows for parking to be provided off-site if it is within 500 ft. The SE will be conditioned on obtaining an agreement for off-site parking with another property owner. Subsequent to the meeting, it was brought to staffs attention that additional seats, 76- 150 had been installed. However, the impact fees addressed in Todd's memo of June 22, 2009 had not been paid. Also, at some point the question was raised as to whether all impact fees had been paid for the existing 75 seats. To this point, staff research confirms that impact fees for 25 seats were paid, but does not show that impact fees for the expansion from 25 seats to 75 seats were paid. Staff has discussed the possibility of an impact fee payment plan with the applicant. Special Exception Worksheet and Staff Analysis All special exception recommendations and final decisions shall be based on the following criteria to the extent applicable: Land Use and Zoning Is the requested SE consistent with the intent of the Comprehensive Plan? Yes, C-1 Commercial land use classification allows for restaurant uses. Is the requested SE consistent with the intent of the zoning district in which it is sought? Yes, restaurants are principal uses in. C-1 Commercial zoning. Will the SE meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks, lot coverage, height, buffers, off- street parking, signs, storage, landscaping, etc.? With the exception of off-street parking, all requirements of the zoning district are met. Special Conditions for establishments serving alcoholic beverages Is the establishment within 300 feet of any existing church, school ground, or playground? No. Is the establishment within 300 ft. of the mean high water line of the Atlantic Ocean or of the Banana River? No. 2 Impact to surrounding properties Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. Yes. The restaurant is an established use, currently serving beer and wine, and is compatible with the surrounding area. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? Yes, as it is currently. Will the traffic generated, volume and type, adversely impact land use activities in the immediate vicinity? No. Will the proposed special exception create any adverse impacts to other properties in the surrounding area? Address the creation of noise, light, vibration, odor, stormwater runoff, or other offsite impacts that would not have been created had the property been developed as a principle use? No, this request does not change the nature of the current operation. Will there be adequate screening, buffers, landscaping, open space, off-street parking, other similar site improvements to mitigate any adverse impacts of the SE? There is adequate screening and buffering. Off-street parking will need to be addressed per code, but actual impact of additional seating can be handled on site as long as hours of operation of other uses in the building remain daytime hours. Will the size and shape of the site, the proposed access, internal circulation, and design enhancements be adequate to accommodate the proposed scale and intensity of the SE requested? Yes. Are signs and exterior lighting designed and located so as to promote traffic safety and to minimize any undue glare or incompatibility with adjoining properties? Yes. What are the hours of operation and how will they impact surrounding properties? 4pm to 10pm Monday through Friday. No additional impact. Traffic and Parkin Are there adequate off-street parking and loading areas? Per our code the site is 35 parking spaces short (see parking calculations in packet). In practice, as long as other users in the building continue to operate during the daytime, there should be adequate parking on site. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? Yes. What type and how much traffic will the SE generate? Same type of traffic. There will be more traffic, but this has not been quantified. Are there adequate loading and unloading areas? Yes. 3 Public Services Are there adequate utilities available? Location and capacity. Yes. Will the proposed special exception create any unusual demand for police, fire, or emergency services? No. Will the proposed Special Exception have an adverse impact on public services, including water, sewer, surface water management, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? No. Is there adequate refuse facility for the use and is the dumpster properly located and screened? Yes. Miscellaneous Impacts Will the proposed SE have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation, wildlife, open space, noxious and desirable vegetation, and flood hazards? No. Will the proposed SE have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. No. Will the proposed SE have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? No. Will the proposed special exception will have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality. No. Staff Recommendation to the Planning and Zoning Board Staff recommends approval of the requested special exception with the conditions that parking is provided per code and that sewer impact fees are paid. Izzy's Bistro Compliance Issues June 22, 2009 Should Izzy's Bistro be successful in pursuing a code amendment to adjust the minimum number of seats required for a restaurant to be exempt from the 2,000 -ft. radius measurement, the following compliance issues will need to be addressed: A Special Exception for alcohol consumption will need to be approved by the City. In order to obtain the special exception, all applicable City code requirements will need to be met. The following code requirements may be particularly challenging, given the size of the restaurant and the available parking: a. The number of seats will need to be consistent with the new requirement b. The number of seats cannot exceed the occupant load for the structure. c. The number of seats cannot exceed the parking provided. d. The restaurant must have at least 2,000 sq. ft. in area. e. An impact fee payment of $292.23 will be required for each additional seat requested. We will be happy to perform a preliminary courtesy review to determine if the above compliance issues can likely be met. The applicant will need to provide the following information: A dimensioned drawing showing the main assembly area of the restaurant with the proposed number of seats shown. • A dimensioned drawing showing the overall building (including the area for each tenant in the building) and all parking spaces on site. • A narrative description of the assignment of parking spaces for each tenant at the plaza. Notes: I. The drawings for the prelimi_aM courtesy review do not need to be created by a design professional — all they need to do is adequately convey the requested information. 2. All parking spaces, in order to qualify, must be at least 200 sq. ft. in area. 3. The code requires one parking space for every three seats. 4. The City code allows offsite parking. Additional requirements apply. 5. Our Local Business Tax Receipt records indicate that Izzy's Bistro has a State License for 75 seats. To increase from 75 to 150 seats would be an additional 75 seats. The sewer impact fee assessment would be calculated on this amount of additional seats (75 x $292.23 = $21,917.25) Parking Requirements for Tezel building Total required parking spaces are as follows: Total sf of building = 11,322 Izzy's sf= 2,852 8,470 / 300 sf = 28.23 or 29 spaces for remainder of building. Izzy's 150 seats/3 = 50 spaces Total spaces required 79 33 — number of paved spaces currently provided that are designed per code. 11— credit for additional spaces on site. 44 —total spaces provided on site. 79 —total required spaces 44 — spaces provided on site. 35 -- number of off --site spaces to be provided. Off-site spaces must be provided not more than 500 ft. from the subject parcel. City of Cape Canaveral Building Department (Please Print Legibly or Type) DATE FILED11-21- 09 FEE PAID DEPOSIT RECV'D BY: NATURE OF REQUEST Special Exception Request No. 09-04 ($250.00 Filing Fee is non-refundable) Special Exception is for what purpose (Brief Description) CH -1U6-& !-w ALeoHdLic .86v&L.Acr& L1eEAlSF (200P fd 4COP) Address of request (if applicable) (641S' A/. Ari AMM- Av6. suaEC (3?42.6 Legal Description: Lot Block Parcel Subdv Section Township Ranged DFce R 1PTj0� ATTJ9e,Eo STATEMENT OF FACT: State of Florida, County of Brevard; being duly sworn, depose and say that: I am the property owner. 'X I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): SuPAA Cowl- C-NT61 1465 (ku&r TGgl—L RES,OLiy1} Address: %'?M 1VA nA&T1 M 06 0500 1: 7dy I COCOA SeAr-01, PL ? U3) Home Phone Work Phone E -Mail Applicant(s) Names (s): s R i G-1 T TE k RA u 3 Address:_ /5- Al t?T"&Dj'_Ak�16. 7ViTE C A6 (-'/iAW 4AL-1 F- �272o .Y Horne Phone 9 bo - f b 0G Work Phone.793 $3 -4.54E-Mail -Mail 1 n4oQ 1 Z.� r $ )ST2a FtaA104 , COY - All information, sketches and data contained and made part of this request, are honest and to the best of my knowledge and belief. C -__V_La ckj./- r Signature of Applicant Sworn o and subscribed before me on this � day of Jc�001 -L� 0 :•••••••..................................... KAREN L. VAN W1E QG � DD0535 n,, CdiM11M ,SppExpires 6r28*010 NLary Public, State of Florida # BOASby(N0M2� 990.4.4:::........ibW Notary Assn.. ft The completed request form and the $250 filing fee must be filed as follows: Requests for Variances, Rezoning and Special Exceptions (Except TeIecommunzcation Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior 3J�� to the Planning 8& Zoning Board meeting. The Board of Adjustment meeting will be set after t QO G the request is heard by the Planning & Zoning Board. (A deposit may be required per Section �0b. 110-92) l�ft3ft`t�t� i:4� Fri 4ir� V� ` Gain AMC-lint4].t7ti t na�i:e 9. 0' UPI 13.#]x' Special Exception Request No. 09-04 to allow on site consumption of alcoholic beverages in the C-1 zoning district (6615 N. Atlantic Avenue) - Brigitte Krause, Petitioner City of Cape Canaveral APPLICATION FOR SPS _iAL EXCEPTION This - application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4thWednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION -MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you 'have any questions, please contact the Building Department at (321) 868.1.2292. DATE: 1. NAME OF APPLICANTS) LterI TTf_ klt40$ E 44 N. ATLA ivr1C Arte. 5LIr6 C . ADDRESS (if assigned) C'AP6 CAWA✓6e-44- A. 32920 PHONE # '773 -4s 4$ FAX # `711- INEZ E-MAIL i A ro @ I?.V'Ys 8I's TAO ha L10A • ce+� 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: «pL D&SCRitrtop,.) ATTR OC -P LOT: BLOCK: SUBDIVISION: PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES: SECTION: TOWNSHIP MANGE DESCRIPTION: 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT fie Tr c r.E IV (EXAMPLE, ARTICLE X, SECTION 2) Sit f / 0 -171a (,2 (ya 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic flow .and control, and emergency access in case of fire or medical emergency. (c) Adequate and properly located utilities are availab1 : or may be reasonably provided to se,._ ' the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks and other open space. (h) Height. (i) Landscaping. 0) Renewal and/or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): CN�wr-� to teo,yo�rc i3E.vEr�46-� 7-CdP ��P) 1-ICE1vSG Special Exception Worksheet To be completed by the applicant An applicant for a Special Exception is required to meet with the Planning Director prior to completing and submitting the application. A Special Exception is a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location, etc. would be appropriate. A Special Exception will promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare of the neighborhood and community. With this definition in mind, completely and fully answer all questions. An application is not considered complete and will not be accepted until all questions are fully answered. It Is the applicant's responsibility to make a case for the requested special exception and this worksheet is the criteria by which the Planning & Zoning Board will make its recommendation and Board of Adjustment will make its determination. Use a separate sheet of paper to provide complete answers. Nature of Special, Exception Describe what you are proposing to do and why. Describe in writing and prepare site plans,, architectural renderings, photos, etc. as necessary to fully describe the Special Exception requested. Impact to surrounding properties 1. Is the proposed special exception be compatible and harmonious with properties and uses in the surrounding area? Explain why. 2. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? 3. Will the traffic generated, volume and type, adversely impact land use activities in the immediate vicinity? 4. Will the proposed special exception create any adverse impacts to other properties in the surrounding area? Address the creation of noise, light, vibration, odor, traffic, stormwater runoff, or other offsite impacts. 5. Will there be adequate screening, buffers, landscaping, and open space, etc. to mitigate any adverse impacts of the SE? 6. Will the size and shape of the site, the proposed access, internal circulation, and design enhancements be adequate to accommodate the proposed scale and intensity of the SE requested? 7. Are signs and exterior lighting designed and located so as to promote traffic safety and to minimize any undue glare or incompatibility with adjoining properties? 8. What are the, hours of operation and how will they impact surrounding properties? Traffic and Parking 9. Is there adequate off-street parking? 10. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? 11. What type and how much traffic will the SE generate? 12. Are there adequate loading and unloading areas? Public Services 13. Are there adequate utilities available? Location and capacity. 14. Will the proposed Special Exception create any unusual demand for police, fire, or emergency services? 15. Will the proposed Special Exception have an adverse impact on public services, including water, sewer, surface water management, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? 16 Is there adequate refuse facility for the use and is the dumpster properly located and screened? Miscellaneous lmaacts 17. Will the proposed SE have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation, wildlife, open space, noxious and desirable vegetation, and flood hazards? 18. Will the proposed SE have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. 19. Will the proposed SE have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? 20. Will the proposed special exception will have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? Izzy's Bistro 6615 N. Atlantic Avenue Cape Canaveral, FL 32920 City of Canaveral Special Exception Worksheet Izzy's is currently operating under a special exception approved by the city more than 10 years ago and site plans were submitted and approved by the city at that time. We are not seeking changes to the overall site plan, simply an increase in series of our existing state alcoholic beverage license (from 2COP to 4COP). The existing special exception was granted under the provisions of Section 110-171(a)(2)(c) of the city code, and we are seeking a modification as provided in the recently modified Section 110-171(a)(2)(a) of the same code. Impact to Surrounding Properties 1. Yes. No change to existing site plan, property continues to operate as restaurant. 2. Yes. No change to existing site plan, property continues to operate as restaurant. 3. Yes. No change to existing traffic flow. Access to property is directly from SR A1A. 4. No adverse impact on other properties. Restaurant operates from 4pm-10pm Mon -Sat. Note: Stage was removed by current owner, noise impacts will be reduced from previous owner. 5. Yes. No change to existing site plan. Wooded property adjacent to undeveloped wooded lot, fencing in rear. 6. Yes. No change to existing site plan (additional seating only). 7. Yes. No change to existing site plan. 8. Restaurant operates from 4pm-10pm Mon -Sat. Traffic and Parking 9. 44 spaces provided on-site. Sufficient additional off-site parking available on Azteca property to the south. 10. Yes. No change to existing site plan. 11. Normal auto and pedestrian traffic. 12. Yes. No change to existing site pian. Public Services 13. Yes, confirmed by city utilities department (see Florida DPR seating license application) 14. No change.anticipated. 15. No change to existing site plan. 16. Yes. No change to existing site plan. Misc Impacts 17. No change to existing site plan. 18. No change to existing site plan. 19. No adverse impact. Restaurant employs local residents, increase in business may result in additional local hiring. 20. No change LIMITED POWER OF ATTORNEY Date: November 17, 2009 I, Kurt Tezel as President of Supra Color Enterprises, Inc., do hereby confer limited power of attorney on Brigitte Krause, of Izzy's Bistro as true and lawful attorney-in-fact for me and in my name, place and stead, and on my behalf, and for my use and benefit, regarding the following: To ask, demand, litigate, recover, and receive permission from the City of Cape Canaveralbto be allowed to serve alcohol at the property leased from us at 6615 North Atlantic Avenue, Suite C in Cape Canaveral, FL. Powers conferred on said attorney-in-fact shall be restricted and limited by the aforementioned specifications regarding situation of representation. The rights, powers and authority of said attorney-in-fact granted in this instrument shall commence and be in full force and effect on November 17, 2009, and such rights, powers and authority shall remain in full force and effect thereafter until I give notice in writing that such power is terminated. 1, Kurt Tezel, whose name is signed to the foregoing instrument, having been duly qualified according to the law, do hereby acknowledge that I signed and executed this power of attorney; that I am of sound mind; that I am eighteen (18) years of age or older; that I signed it willingly and am under no constraint or undue influence; and that I signed it as my free and voluntary act for the purpose therein expressed. SUPRA COLON ENTERPRISES, INC. r Kurt Tezel as President My commission expires �. Notary Public y••••••MARGARET J. POGLISE aae�.aa Comm# DD0715812 ',�•;,I'pN••, Expires 9/18/2011 Florida Notary Assn.. Inc ie uasu�aetn�+..-.:-:..•• riae�eau unaraa� MRM 1101 WARRANn aE�ISuIu=ory ) TVTANR� .e L•.u..o ..I o•••cc This instrument prepared by lachael M. M. Wallis, Esq.E' i3bi? e," Kid"s�Cii'erSlSa�ssii °��p1 P.A., P t Office Box 757, Cocoa Beach, Florida 32931 Is— 10"je turn 11Mrpr.rd Mrnl., IM,,,.w y++ry��+Jr1r�LI�fJAii.r�gt� •+�ryA�M. 8�6wimrllN.+• w...�r. .d �M p,7t w i11r N ,�.JPi.,..f y I+w!*1Ra�0� Iwd•.11 �..drr,; ..d, I(rd{ M Irr•s -wa' Jell I.rAldr fif lM .ain hmu dwrrlMd y wmm Ihcn e+r Made this 10 -tv day of pe CP 4-,4 [a?,- A. D. 19 a6 Ndwern JACK C. MOLINE and CHARLOTTE MOLINE, his wife of the County of Brevard in the State of Florida party of the first part, and SUPRA COLOR ENTERPRISES, INC., a Florida corparatio whose address is: t{�jCe.,.t J �L� t' Jul, LTJ CocortP�rtLr r=L. 3�� of the County ofreward in the State of Florida party of the second part, W tntastlil. that the said party of the first part, for and in consideration of the sum of TEN AND NO/100 Dollars, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part his heirs and assigns forever, the following described land. situate lying and being in the County of Brevard State of Florida, to wit: see Exhibit "A" attached hereto and made a part hereof. SUBJECT TO taxes for the year 1987 and subsequent years. SUBJECT TO easements and restrictions of record, however, nothing herein contained shall be deemed to reimpose the same. fQ: And thesaid party of the first part does hereby fully warrant the title to said land, and willdefend the same against the Lawful claims of all persons whomsoever. 3110itarse 314eteaf. the said party of the f imt part has hereunto set his hand and seal the day and year first above written. tV -I, I a ea aaa cart—_.4------ 0 CO "� 3:- C J `CJ M €1t:Ruu a ' �3restacr: ` �� -- - - C. M M — MO INE (if Nv ba M=ty of Brevard 3 Brubt! Gnti:fQ That on this -day personaIIy appeared before me, an officer duty outhori :ed to administer oaths and take acknowledgments. SACK C. MOLZE and CHARLOTTE MO=, his wife to mewell known and known to me to be the individual described in and who executed the foregoing deed, and they acknotcladged before me that they ezexuW thesame freely and voluntarily}or the purposes therein expressed, " ltmu my hand and official seal at Cocoa Beach: �\ :.•••••. .County of Brevard L� and State of F rida, this r' Ay Of �P c P q 7C v'" A. D. I9 86 : T _ My comm., - - � - .r,,, Stat. 24 1909 otary Public �.�T�`` LECAL DESCRIPTION "A" From the section corner common to Sections 22, 23, 26 and 27, run Easterly along the South line of Section 23 to the point of intersection with the Westerly right-of-way line of State Road AIA as now located (formerly State Road 4011. Thence run Northerly along the said Westerly right-of-way line of said State Road AIA a distance of 40 feet to the point of -beginning of the property herein described. Thence continue Northerly along said right-of-way line of State Road AIA, a distance of - 525 feet to the South line of the entrance right-of-way to Cape Shores Condominium, thence run Westerly along the Cape Shores entrance right-of-way, a distance of 170 feet, thence run j Southerly parallel to the Westerly right of way of State Road AIA, a distance of 525 feet to the South line of Section 23, thence run: Easterly along the South line of Section 23, a distance of 170 feet to the point of beginning, all said lands being located in Section 23. Township 24 South, Range 37 East, Brevard County, Florida, LEGAL DESCRIPTION "B" " From the section corner common to Sections 22, 23, 26 and 27, run Easterly along the South line of Section -23 to the point Of intersection with the Westerly right-of-way line of State Road AIA as now 1`ocated (formerly State Road 4o7). Thence rin Northeriv along the said Westtrly rigl-t-^f-vay line of State Road AIA a distance of 625 feet to the Borth line of the entrance right-of-way to the Cape Shores Condominium, this is the point of beginning for the property described. Thence run' Northerly along the Westerly right-of-way line of. State Road AIA, a distance of 125 feet. Thence run Westerly parallel to the North fine of Cape Shores right-of-way, a dis- tance of 200 feet, thence run Southerly parallel to the Westerly right-of-way line of State Road A,14 a distance of 725 feet, thence run Easterly along the North right-of-way line of Cape Shores 200 feet to the point of beginning. All. said lands being in Section 23, Township 24 South, Range 37 East, Brevard County, Florida. Exhibit "A" Moline/Scioessou/Supra Color Enterprises. Inc. OFF. REC. PAGE 2755 0844 ' ^ ,Zxnty Property $r�t'arrj Appraiser`s staff. County P -"1 0,32,800 PT anal sis by the Property lope A Sources are from y of the property' ppraiser - -�teatial marketability )eam O as °rtl S r� Wine Read stat �3hc7Eo5 Floe vises nerd a goof Prope _ _fPz Cod nY card def pro oFr?� v 4, tam 4-37-2 A awe 000 O0 3-Q0.00SI 1e'lelw1 Parc°! Ixr formv��11 ub�_� Srte SS• 0 tio� fit `_qui °�'n�j� re fect o mun n fo 661,5 of s -37 N ATLANTIC Ma �GrthO Aerial Mllla -23- -00_0Q511.0-0p ty toe n u as . AVE �, COde: 00.00 anon srgned b ' APE C� de: 2GG0 ofprope� Y the re C,,,... AVERA r � Exenjn, {Bele t he -- IS av Y•s.=rnent Office � the back b ailable at the eforlg_1-1 wnQrZ►rfo uttojt tore Bzevazd Co purposes, this;, C1�A coEGR n to the prOl�erty ApCollecto tv _ ENxERl' P azsexs eb Web Sit) e USES rwr 12 E 200 ' J T W pF ST 00.2,5 FT �F-5 RN SEC 23 PGS 73 HEPIE RD 401E GL -41 4 & 73612-34 3G� 123 pG 86 21 S pG ISG T 1~arrcl Zirf °rmatlorz -4111e -_ -� •nu -� va uh1s is the schoo chO�1_ So $0 r.rEe does yahe est S1,300,000 $0 pAli ab e tl StaSpresenb�1Shed f. `$1,300 0Q 0 I2I50,000 if re a o 0 The an flees htict r- a S I addit ora/ LI p t,4. -- On r'6 V ell ngpriP�� se�rr t1l,���a xoh docs mat app]} Smart table are apProperty. cewith S.1g3 10 (g) Ol )and $O�°rds S when calculatinS taxable value Lehe Year shown and may or m Statute. 7•his 7- 4 e bate Saxes, Sal �s Inlor for school districts pursuant to be )7,5 -` 1 `4112 w n)ati0 endMe .._ 2/Ig8 0 _art Deed �4ales n nt 3 12/lgg6 g, 17,0� S�Q 3'Pe code nIII Scxeen �s physical 4G3 SVD S Ch �axde Cad Aropera �� Wp ource ge V. Cain ppra-j' �`�- „_ 3 G. NPH 'M-SGRIFT I` ON— "C. �P7 P -R -8M19 8 T, 0,11BE LIGENSEp A T,'H ZED'. SIGNATURE . 'E' A WT U 0`14 -REQUIRED Trade Name (DIB/A) Izzy's Bistro 1. Yes 0 No ID Is the proposed premises movable or able to be moved? 2. Yes 0 No Q Is there any access through the premises to any area over which you do not have dominion and control? 1 Neatly draw a floor plan of the premises in ink, including sidewalks and other outside areas which are contiguous to the premises, walls, doors, counters, sales areas, storage areas, restrooms, bar locations and any other specific areas which are part of the premises sought to be licensed. A multi -story building where the entire building is to be licensed must show each floor plan. No architectural drawings are I accepted. AII V PP f- L. (0& FF -166 C-nc-)( rr T) i N rob'_ ( H(_4 L4A D 1 &3 jzoonn -, Q_ Q_ FT 6 tj TrL fi 1"eL T DBPAuthorized t.Approved Comments 4.4 1 Signature Date 0 Disapproved 10 Memo CITY OF CAPE CANAVERAL COMMUNITY DEVELOPMENT DEPARTMENT Date: December 28, 2009 To: Barry Brown, Planning & Development Di ctor From: Todd Morley, Building Qffici RE: Special Exception Request No. 09-046 to Allow Alcoholic Beverages in the C-1 Zoning District - 6615 N. Atlantic Ave., lzz](s Bistro I have reviewed the special exception request and have the following comments: 1. Because the applicant intends to install additional seating, we will need to be able to review for compliance with the FL Building Code regarding Egress and Accessibility. Accordingly, the applicant will need to provide a dimensioned drawing showing the main assembly area of the restaurant, as well as any exterior seating, with the proposed number of tables and chairs shown. Informational note: The applicant will be required to obtain a sewer permit at the time seats are added. The sewer permit will be issued upon payment of the sewer impact fee ($292.23 per additional seat). Barry Brown From: John Cunningham ocunningham@ccvfd.orgj Sent: Tuesday, December 29, 2009 9:38 AM To: 'Barry Brown' Subject: Re: Special Exception Request We have reviewed the Special Exception Request No. 09-04 and have no comments at this time. This email and any attached files are confidential and intended solely for the intended recipient(s). If you are not the named recipient you should not read, distribute, copy or alter this email. Any views or opinions expressed in this email are those of the author and do not represent those of the company. Warning: Although precautions have been taken to make sure no viruses are present in this email, the company cannot accept responsibility for any loss or damage that arise from the use of this email or attachments. urevara Uounty Property Appraiser-- Online Real Estate Property Card Porcl's letters advises Tawng+r� kt.� Authartties of �d i irsi,l 1' -� decay ,CLICK-' „. "'j.: EE=gl m General Parcel Information for 24-37-23-00-00511.0-0000.00 Id: 24-37-23-00-00511.0- lvlm,„ 1n,ft,„ A-4, f M;<llage *1f-r1J1M----..- * Site A,ld16615 N ATLANTIC AVE, CAPE CANAVERAL 32920 Page I of 2 See Latest �. '2t)©9TAx ROLL press -;�� "� Relei�se ''+i CLIGK''HERE ` :Muse r -A. - Site address information is assigned by the Brevard County Address Assignment office for E9-1-1 purposes; this information may not reflect community location of property. Tax information is available at the Brevard County Tax Collector's web site (Select the back button to return to the Property Appraiser's web site) Owner Information Owner Name- SUPRA COLOR ENTERPRISES Sale INC Second Name: Physical Date Mailing Address: 1980 N ATLANTIC AVE SUITE Screening Screening 704 City, State, Zipcode: COCOA BCH, FL 32931 Abbreviated N 860.25 FT OF S 900.25 FT OF G L 3 IN SEC Sub 22 & N 860.25 FT OF S 900.25 FT OF GL -4 IN Name: SEC 23 LYING W OF ST RD 401 EX N 150 FT OF E 200 FT THEREOF & ORB 1215 PG 156, 1223 PGS 734 & 736,1234 PG 286, Value Summary Land Information Acres: 2.62 Site Code: 34p * This is the value established for ad valorem purpose$ in accordance with s, 193.011(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. X, . -r Exemptions as reflected on the Value Summary table are applicable for the year shown and may or may not be applicable if an owner change has occurred. *** The additional exemption does not apply when calculating taxable value for school districts pursuant to amendment Sales Information Official* Records Sale Sale Deed Yf * * Sales Sales Physical Date Amount Type Screening Screening Change Vacant/Improved Book/PageCode Source Code 2755/0845 12/1986 $178,800 WD 2755/0843 12/19861$146,3001 WD http://www.breva'rdpropertyappraiser.com/asp/Show_parcel.asp?acct- =243 5407&gen=T&... 12/22/2009 _Dicvaiu �-.UuttLy rroperry Appraiser-- Unline Real Estate Property Card 11051/0821110/19681 $32,800 PT *** Sales Screening Codes and Sources are from analysis by the Property Appraisers staff. They have no bearing on the prior or potential marketability, of the property. Building Information Building,Jlh.otos PDC Use Year Story Frame Exterior Interior Roof Roof F #. Code Built Height Code Code Code Type Mater. C 1,11110 1995 l 5 m ns n-2 m —1 - 777 - rage 11 110761 01 24331 0 Kxtra Feature Description FENCE ,OADING WELL 'AVING AVING Data Last DI Building Area Information creeped Utility Enclosed orches Rooms Porch Basements 0 170 0 0 Extra Feature Information Tuesday, December 22, 2009- Printed On: Tuesday, December 22, 2009. New Search _1,Nelp; Copyright © 1997 Brevard County Property Appraiser. All rights reserved. Page 2 of 2 Code us RV RV Total ms CarportGarage Area 0 01 0 1107( Units http:llwww.brevardpropertyappraiser.con/asp/Show_pareel. asp?acct=2435407&gen=T&... 12/22/2009 DRAFT January 8, 2010 ORDINANCE NO. 04-2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 98, SUBDIVISIONS, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO PLATS; AMENDING AND CLARIFYING THE CRITERIA REQUIRED FOR PRELIMINARY AND FINAL SUBDIVISION PLAT REVIEW AND APPROVAL; PROVIDING A PROCEDURE FOR REVIEW AND CONSIDERATION OF LOT SPLITS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council desires to streamline and update the requirements and procedures for consideration and approval of subdivision preliminary and final plats consistent with the requirements of Chapter 177, Florida Statutes; and WHEREAS, the City Council desires to create an abbreviated lot split procedure for the subdivision of one lot into two lots; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 98, Subdivisions, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 98. It is intended that the text in Chapter 98 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of City of Cape Canaveral Ordinance No. 04-2009 Page 1 of 20 this Ordinance): Chapter 98. SUBDIVISIONS ARTICLE II. PLATS & LOT SPLITS DIVISION 1. GENERALLY DRAFT January 8, 2010 Sec. 98-31. Division of land; review and approval required; zoning. Reserved: La)- Any subdivision of land into two 2 or more parcels shall be subject to the requirements of this Article. fhh No owner of real property shall sell. offer to. sell or Iease lots or tracts of land from such property without first having divided such property in accordance with the requirements of this article. Before such lot or tract is divided. the Iots or tracts proposed to be divided shall be surveyed by a duly licensed Florida surveyor and approved by the City Council by plat or lot split resolution in accordance with the specific applicable provisions of this article and Chapter 177. Florida Statutes. No permit shall be issued for the construction of an building or structure or for an electrical or sewer hookup on any lot or tract sold in violation of this Chapter: provided, however, that any such violation can be remedied by complying with the provisions of this article. Additionally. any subdivision or lots lit 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. Secs. 98-32+ — 98-35. Reserved. DIVISION 2. PREAPPLICATION 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 site plan plat or lots lit approval shall meet with staff in a preoplication conference. are encouraged to titifize t The preapplication screening and conferences are intended to assist the applicant in becoming more aware of and, therefore, more likely to complywith guidelines applicable to the project for which a site plan plat or lot split will be submitted. However, the applicant is cautioned City of Cape Canaveral Ordinance No. 04-2009 Page 2 of 20 DRAFT January 8, 2010 that the preapplication screening process is not intended to be a substitute for the formallomat or lot split siteplansubmittal 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 site plan plat or lot split submittal and review procedures. - - i - : ■ ■ - - - -1 MI - i ■ s t - • ■ ■ - - - ■ - q- - - - - i1- - ■ ■i -r •- - ■ s - 11 i -■:I I- - i i i - - . ■ ■ - � - = . i i i � i roll ANSI,■ UsU a AM i i III■ G ■ ■■ i G ■ G - WRIM NJ ELEIM&IOM&gi- G s r i i . ■ ■ ■ i■ r - ■ ■ - (b e) The applicant will provide recopies preliminary drawings of the proposed plat or lot split sketch-plazrto 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 building depwtrnent five dayt prior to the preapplication conference. (c ,d) The proposed plat or Iot split sketch plan 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 Iots, approximate lot width and depth, building size and type. Proposed stages of development, if appropriate, should be shown. (3) In sketch fonn, 21 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. Sees. 98-37 — 98-40. Reserved. City of Cape Canaveral Ordinance No. 04-2009 Page 3 of 20 DRAFT January 8, 2010 DMSION 3. PRELEVIINARY PLAT Sec. 98-41. Information required. The followina information shall be provided to the City: (a) A dompleted application on a form prescribed by the City Manager requesting review of the preliminary plat under this,. Division. M The preliminary plat, which shall: LU Conform to the requirements of Chapter 177, Florida Statutes, this Code, and any other applicable statutes and regulations. fQ Bear the certification of a registered Florida surveyor certifying the accuracy of the plat. Be drawn at a_uniform scale not smaller than one (1) inch equals one hundred 100 feet. Indicate the title, scale, north arrow and date on each sheet. Show. at a minimum, the following existing conditions on the plat: fA,) Primary control points or descriptions and ties to such control points to which all dimensions, angles, bearings and similar data on the plat shall be referred. LM Boundary lines�includin_g_bearings and distances), lot lines, lot numbers and block number. LQ Location and descri tion of monuments. JM Easements, including location, width and purpose. M Location.. width, and names of all streets, waterways, or other rights - of way shall be shown, as applicable. Minimum building setback lines. LGI Size data including total acreage. number of lots typical lot size in acres, parks, public open space, etc. City of Cape Canaveral Ordinance No. 04-2009 Page 4 of 20 DRAFT January 8, 2010 H Location map showing the site in relation to the existing community, including the name of the develol2ment and its location and main traffic arteries. LIJ Too a hic information showing round elevations ofthe tract based on a datum plane approved by the City engineer as follows: Q For Iand that slopes less than approximately two percent (2%), show spot elevations at all breaks in grade, along all drainage channels or swales and at selected points not more than one hundred feet (100') apart in any direction. ii For land that slopes more than approximately two percent QW, either show contours with an interval of not more than five feet (T) ifrg ound slope is regular, and such other information as is sufficient for planning purposes,or show contours with an interval of not more than two feet (2'), if necessary because of irregular land or need for more detailed data for prel2aring plans and construction drawinas. M Other conditions on tract, including water courses, marshes, rock outcrop, wooded areas, houses barns shacks and other sigLifficant features. LKI Other conditions on adjacent Iand including approximate direction and gradient of ground slope and any embankments or retaining walls: character and location of buildings, ower lines towers and other nearb nonresidential land uses or adverse influences,• owners of adjacent un latted Land,• abutting platted land with reference to subdivision plat by name recording date and number, and approximate percent buildup. typical lot size and dwelling type. Q Zoning designation on and adjacent to tract. Proposed public improvements, including roadways, space reserved or dedicated for parks, plavarounds or other publie uses or other major improvements planned bypublic authorities for future construction on or near tract. 2jA Photographs of the tract, at the request of the Planning and Zoning Board. Lc� A filing fee. as established by resolution of the-Ci1y Council. City of Cape Canaveral Ordinance No. 04-2009 Page 5 of 20 DRAFT January 8, 2010 (d) Other preliminary plans,if available, which clarify the a �lication. Le j - A current title opinion of an attorney licensed in Florida or a certification by an abstractor or a title company showing that record title to the land as described and shown on the plat is in the name of the person or legal entijy executing the dedication. The title opinion or certification shall also show all mortgages not satisfied, released or otherwise terminated by law and shall be current within 180 days of submittal. INN : : I IM. /.\fLi■1■i■■!7A■�■f R`1*ll.T.iiPFARf L■■■■■f mjjrwL ■r•.■\'S■If+.P•fl!■■■lq l�lll/\YR■J■■Illl�l l�lr�1��!�i+.iiR:l■it�l•■��1■�:a•�Y■■•iAwtw�■�w.�wwinC_ rFill ■ - - f ■ - - -20111111111 ■-- --■■: : is "■ - ■ ■ : - : ■ : ■ ■�--1111 -■:■1 ::' :■ - :11103 t -I■ ; : /.\fLi■1■i■■!7A■�■f R`1*ll.T.iiPFARf L■■■■■f mjjrwL ■r•.■\'S■If+.P•fl!■■■lq l�lll/\YR■J■■Illl�l l�lr�1��!�i+.iiR:l■it�l•■��1■�:a•�Y■■•iAwtw�■�w.�wwinC_ rFill ■ - - f ■ - - -20111111111 ■-- --■■: : is "■ - ■ ■ : - : ■ : ■ ■�--1111 -■:■1 ::' :■ - See. 9842. Topographic data. Reserved. City of Cape Canaveral Ordinance No. 04-2009 Page 6 of 20 DRAFT January 8, 2010 .. :IOWA 4 111 L-amrlieltmotuw� �/11K.■.1■liil■li!■�AR:1■>'.1 RL•1i1��/l:l ■l�I.li �■I.f■.�:wl w■!71f1IR�l •�•■� �31R�1�f!!!!�!i.�RS i'�,VIN W WE --:1 - - - ; : :: - - ■• Air; - - - -- -- -; ■TL V.Wpqp Map 19 WE AN 1 . • ■ • - -IN- - - --- r - - ■ ■ ■ • IF II- IF= KIM qvt�-I W-L-RNRMI: - - • g=WM III III DO• w w■!71f1IR�l •�•■� �31R�1�f!!!!�!i.�RS i'�,VIN W WE --:1 - - - ; : :: - - ■• Air; - - - -- -- -; ■TL maw V.Wpqp Map r�r.�wrwwwr�,.wwwf 19 WE AN City of Cape Canaveral Ordinance No. 04-2009 Page 7 of 20 DRAFT January 8, 2010 Sec. 98-43. , propoSsals. Reserved. �j�rrrr�rrn��y.�rirtyn���rr•1tiwY 1,1011Ionwi-w : :■uuni.�..wiww��.iuw�r���irwnr.��r+"s..n�� �ri�nnr _ City of Cape Canaveral Ordinance No. 04-2009 Page 8 of 20 — 111911 am roRROLwigwrl roll OWNER U a. 5 -go mrsol. got -1 11111.111 Sec. 98-43. , propoSsals. Reserved. �j�rrrr�rrn��y.�rirtyn���rr•1tiwY 1,1011Ionwi-w : :■uuni.�..wiww��.iuw�r���irwnr.��r+"s..n�� �ri�nnr _ City of Cape Canaveral Ordinance No. 04-2009 Page 8 of 20 all UILWA til MIMI I I I law 91-11111110 1-1-M-11MIL-irm Sec. 98-43. , propoSsals. Reserved. �j�rrrr�rrn��y.�rirtyn���rr•1tiwY 1,1011Ionwi-w : :■uuni.�..wiww��.iuw�r���irwnr.��r+"s..n�� �ri�nnr _ City of Cape Canaveral Ordinance No. 04-2009 Page 8 of 20 DRAFT January 8, 2010 _a iris Ra��.9?■a Jx'01t"j■w� q1---- I --friu a:v.•r. u.:�:rin:■� ■ �lJPS•liA tSi,■r l+i7010 g1•■i�iarrrr rfHl■1\• ■ ='. --PROEM: - now ■ - : - : :: - : - - : ■ i i - ■ -LOU ■ r : - : - i : - - G . - ■ i - i - i • i - - BE - • - - - ; - - i - - - - - - - ; - - . ■ 1 ■ ■ . - - ■ - - - ; ■ ■ - - i ■ . • • i • • ■ • • Sec. 98-44. Other preliminary plam Reserved. • ■ ■ ■ 1 ■ i• ■ 1 •1• FEMME - i-- - • ■ •.• V ■� ■■I.. NNW WUM• a Sec. 98-45. City review. City of Cape Canaveral Ordinance No. 04-2009 Page 9 of 20 DRAFT January 8, 2010 (a) The applicant shall submit copies of the preliminary plat and other information as prescribed in section 98-41 for review b the city staff. City staff shall determine the number of copies to be submitted for review. Upon receipt of the documents required mider this Division being presented to the eity the building offi planning official shall review and forward to the appropriate City reviewing staff engineer a copy of the , topographie map, preliminary ll documents submitted and such other documents as deemed 'room des appropriate to enable the City reviewing staff engineer to review the application s��and either find approve the app lication to be sufficient Sub division or point out areas that are inadequate or improper. The City Attorney shall review the title opinion or certification, protective covenants, articles of incorporation and bylaws and shall make recommendations, if necessary. (b) Within ten thirty 30 days, the City reviewingstaff engineer will return in writing all comments, recommendations and questions to the applicant. T+e applieant shall then ha , . _--days to eemply with the eity, engineer's written request and stibinit the (c) Should any _comment or recommendation made by a member of the Ci1y reviewing staff require the gpplicant to revise its submittal the CftY reviewing staff shall review the revised submittal and return all comments recommendations and questions to the planning official who shall then forward all documents to the applicant. Upon receiving satisfactory reviews from all ofthe Ci1y reviewing staff thegpplicant shall submit revised copies ofthe plat and other information as prescribed in section 98-41. The number of copies required shall be determined by ci1y staff. Upon receil2t of all documents, the planning official shall schedule the application for consideration by the Planning and Zoniu, Board. Sec. 98-46. Planning and Zoning Board and City Council review. (a) The Planning and Zoning Board shall review the subdivision preliminary plat and other material submitted for conformity with this Code and may negotiate on changes deemed advisable and shall recommend, in writing, its approval or disapproval to the City Council within 30 days. All recommendations, conditions and changes shall be noted on two copies of the preliminary plat by the chairman of the Board or designated representative. (b) . Upon receipt ofthe Planning and Zoning Board's recommendation, the City Council, at their next regularly scheduled meeting, shall vote to either accepts sr rejector modi the Board's recommendation. Sec. 98-47. General criteria for approval. 9Fime-linrit. City of Cape Canaveral Ordinance No. 04-2009 Page 10 of 20 DRAFT January 8, 2010 Before an prelimingy 121at is recommended for gpj2roval by the Planning and Zoning Board or UprovedbytheCi1yCouncii, the applicant must demonstrate, and the Planning and Zoning Board or City Council must find, that the proposed preliminary plat meets the following criteria: (a) Thea Iication is in compliance with the provisions of this Cha ter and applicable law. The ap lio cation_is consistent with the Ci1y's comprehensive pian. (c) The application is compatible and in harmony with the surrounding neighborhood with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the City Council. L41- The application does not create any lots, tracts of land or developments that do not conform to the City Code. (e) The application does not create burdensome congestion on the streets and highwus. tf) The application promotes the orderly layout and use of land. fg)- The application provides for adequate light and air. (h2 The gpiptication does not create overcrowding of land. Q The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. fA The application provides for proper in ess and-legress through a public or approved private street or perpetual cross access easements. - 1019 - - : I NJ 91 MilrArdl: - ■ . - - . - : : ■ - ELPITRWA WMI : 5 will ro k -owl LVIAligiijill IMOW- ILWIVIIIIN'SqUv. L-14 LOT I Ell 5 11 NIM JIM" I *?Ardll I -I Will I IN :■ . : :.■ .r s ■ . IF i r - - ■ f ■ 7 ■ : - ■ - - .: : IN Sec. 98-48. Resea-i Time limit. The City Council's approval of a preliminary plat shall be valid for a period of six (6) months unless a one 1 time six-month extension has been anted by the Qijy Council for mod cause shown by the applicant. If the final plat approval is not obtained within the time period provided in this section. the Ci1y Council's preliminary 121ata roval shall be revoked and thea licant must re - City of Cape Canaveral Ordinance No. 04-2009 Page 11 of 20 DRAFT January 8, 2010 apply under the provisions of this Article. Sees. 98-4919-98-55. Reserved. DIVISION 4. FINAL PLAT See. 98-56. Conformance to preliminary plat. The subdivision final plat shall conform substantially to the preliminary plat, as approved by the City Council. , it that portion of the approved preffinitiary piat which he proposes to record and develop at the time; provided, howevet, that such portion conforms to all requirements of . 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 Chapter. The final 121at shall correct any inaccuracies indicated on the preliminary_ plat. See. 98-57. Number of evopies. Reserved. See. 98-58. Data required for final approval. The subdivision final plat shall be drawn by the subdivider to conform to the requirements of the City Council for approval and filing with the County clerk. Srix One 1 transparencyies Mylar) or printable copyites of the final recorded plat shall be prepared by the subdivider for the records of the City and shall be submitted to the City eierk with all appropriate fees to enable the City el=k to record the documents in the public records of the County. The final plat shall comply with Chapter 177, Florida Statutes; and shall provide show the following additional information: am 1163 : •MEN 1 : - •IBM - 1 - - - - : SI�i��1:l�ligl:llR:•IIR�11 fh7la l�.]R:�g11PHA7�11� 11 \'��Y: N7�f■Iiwn City of Cape Canaveral Ordinance No. 04-2009 Page 12 of 20 DRAFT January 8, 2010 (1$) Location and description of all permanent reference monuments. �—.-�.��:,-:...cr.:..c:.1.as., �. ��.ia:.�•a■ �.�..�� ir.1.�nR+.n� w�rnir+m:�:av u:�r. (Z+3-) Dedication statement by owner dedicating streets, rights-of-way, including waterways and all sites 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 required to sign dedication. All mortgagees having a record interest in the lands subdivided shall execute in the same manner in which deeds are required to be executed, either the dedication contained on the plat or a sg crate instrument joining in and ratifying the plat and all dedications and reservations thereon. Draft of protective covenants, if applicable, whereby the subdivision proposes to regulate land use in the subdivision and otherwise protect the proposed development. lfthere is to be a homeowners' association established copies of the Articles of incorporation and the bylaws shall be provided. City of Cape Canaveral Ordinance No. 04-2009 Page 13 of 20 DRAFT January 8, 2010 Sec. 98-59. Documents required prior to approval. fal The following items shall be required before for subdivision final plat approval earn be (1) Documentation A eertifleate from the City reviewing staff engineer certifying the proposed subdivision is acceptable. (2) Eiflier2An irrevocable letter of credit, performance bond or certified check, in a form acceptable to the City Attorney, which will enable the City to complete anX a* 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 meomplished by the eity, ' . (3) Protective covenants in form for recording, if required. (4) Certification of approval by the Board City Council. (5) Other data as may be necessary which shall be determined by the City Council Planning and Foning Board. (,bb Prior to the City Council's consideration of the final plat, the subdivider shall submit to the Cijy an updated title opinion of an Attorney licensed in Florida or a certification by an abstractor or a title company showing that the record title to the land described and shown on the plat is in the name of the person or legal entity executing the dedication. The title opinion or certification shall also. show all mortgages not satisfied, released or otherwise terminated by law. The City Attorney shall review the title opinion or certification prior to the City Council meeting. See. 98-60. Application for approval. Application shall be made for subdivision final plat approval as follows: weeks prior to th6 meeting at whieh it is to be considered. Lal Upon the documents required under this Division being, presented to the City, the planning official shall review and forward to the appropriate City reviewing staff a copy of all submittals and such other documents as he or she deems appropriate to enable the City reviewin staff to review the subdivision and either find thea lication to be sufficient or point out areas that are inadequate or improper. The City Attorney shall review the title opinion or certification, protective covenants, articles of incorporation and bylaws and shall make recommendations, if applicable. City of Cape Canaveral Ordinance No. 04-2009 Page 14 of 20 DRAFT January 8, 2010 fb� Within 30 days, the reviewing staff will return in writing all comments. recommendations and ggestions to thg—Rlanning official. who shall then forward all documents to thea licant. Lel Should any comment or recommendation made by a member of the Cily reviewing staff require the applicant to revise its subdivision submittal. 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 to the applicant. Upon receiving satisfactory reviews from all of the CLV reviewing staff and revised copies ofthe plat. the planning official shall schedule the application for consideration b the Planning and Zoning Board. Sec. 98-61. Planning and Zoning Board and Cily Council Review; General Criteria for Approval. Recommendations of Planning and Zoning Boat d. - (a) When all requirements under this Division have been satisfied, the Planning and Zoning Board will vote to recommend approval or disapproval of the subdivision foul plat, and these recommendations will be submitted to the City Council at the next regularly scheduled Council meeting. The City Council shall vote, in resolution form, to either accept., or reject, or modify the Board's recommendation. (b) Before any final plat is recommended for U12roval b the Planning and Zoning Board or approved by the City Council, the applicant must demonstrate, and the Planning and Zoning Board or Ci1y Council must find that the proposed final plat meets the following criteria: The—application is in compliance with the provisions of this Cha ter and applicable law. al The application is consistent with the City -'s comprehensive plan. The application is compatible and in harmony with the surrounding neighborhood with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the Ci Council. L41 The application does not create any lots, tracts of land or developments that do not conform to the City Code. a The application does not create burdensome congestion on the streets and City of Cape Canaveral Ordinance No. 04-2009 Page 15 of 20 DRAFT January 8, 2010 highways. The qpplication promotes the orderly layout and use of land. fa The application provides for adequate light and air. The application does not create overcrowding of land. The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. �2 The U12lication provides for proper ingiess and a ess through a ublic or approved private street or perpetual cross access easements. Sec. 98-62: Recording. The Ct shall be responsible for recording a roved subdivision final plats. The final plat shall be recorded with the County prior to any certificate of occupangy being issued for the applicable plat. The City Manager shalI be responsible for adoRting administrative procedures for ensuring that all final plats approved by the_ City Council are recorded within fifteen (15) days of the date of the subdivider's updated title opinion or certification. developer must record the subdivision final plat with the CEbtinty and supply the eity, vvitii writton proof of the reeording, before a eertifieate of oceapancy will be granted. Secs. 98-64Zr — 98-65. Reserved. DMSICON 5. LOT SPLITS Sec. 98-63. Lot splits. The City Council may_grant waivers from the platting procedures ofthis Article for divisions of land that constitute a Iot split as follows: Lal 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 (1) additional tract of land or lot provided the following conditions are met: LLh The lot_ or tract of land to be split is a previously platted lot or legal description of record. La Each lot or tract of land created hereunder shall abut a public or U12roved private street, unless perpetual cross -access easements already exist on the lot to be City of Cape Canaveral Ordinance No. 04-2009 Page 16 of 20 DRAFT January 8, 2010 split or are determined not to be necessary, or, if necessary, are provided by separate instrument. LbI Every lot split shall be processed in the following manner: {� implication. Applicants seeking lots lit approval shall complete and submit a lot split application to the community development department. accompanied with the following: (A) Ana lication fee as established by resolution of the City Council; MB Pa er co ies of the proposed lots lit in a number to be determined by city staff. Q A statement indicating whether new streets, water, sewer, drainage structures, or other infrastructure are required off-site to provide sufficient access or municipal services to the subject Iand; and Legal descriptions and acreage of the two proposed lots or tracts of land and a scaled drawina showin the intended division shall be prepared b a duly licensed land surveyor registered in Florida. If a lot or tract of land contains any principal or accesspEy structures a survey showing the structures on the lot or tract of land shall accompany t�pplication. 0E A title opinion of an Attorney licensed in Florida or a certification by an abstractor or title company showing that record title to the land subject to the lot split is in the name of the applicant. The title opinion or certification shall also show all mortgages not satisfied, released or otherwise termigated by law 0 All mortgagees having a record interest in the land subject to the lot split shall execute a separate instrument, on a form acceptable to the Citv Attornev, joining in an_d ratifying the lot split. Said instrument shall be recorded in the public records of Brevard County as part of the lots lit resolution. City staff review. Upon receipt of a complete lot split application, the planning official shall review and forward to the gppropriate 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 City of Cape Canaveral Ordinance No. 04-2009 Page 17 of 20 DRAFT January 8, 2010 areas that are inadequate -or improper. The City Attorney shall review the title opinion or certification. LM Cily rMewing staff shall return in writing all comments recommendations and questions to the applicant within 30 days of receipt of a Iicant's complete U12lication. Q Should any comment or recommendation made by the City reviewing staff require the applicant to revise its submittal, the City reviewing staff shall review the revised submittal and return all comments, recommendations and uestions to the planning official who shall then forward all documents to the applicant. fp) Upon receiving satisfactory reviews from all of the City reviewing staff, the applicant shall submit revised copies of the lot split and other information required by this section. The number of copies required shall be determined by City staff. Upon receipt of all documents. the planning official shall schedule the application for consideration by the Planning and Zoning Board. (33) Public hearings. f. 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. MI Upon receipt of the Planning and Zoning Board's recommendation, the City Council shall, at a duty noticed public hearing, review and consider the Piannin�and Zoning Board's recommendation and shall either approve or deny the proposed lots lit. Any approval of a lots lit shall be b resolution of the City Council. 11 Special notice or residential lots lits. Any proposed lots lit of a residentially zoned property shall require special notice. be provided to adjacent property owners at least ten (10) days priorto the Planning and Zoning Board hearing on the proposed residential lot split. Said notices shall be provided by regular mail to adiacent 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 City of Cape Canaveral Ordinance No. 04-2004 Page 18 of 20 DRAFT January 8, 2010 of the notices required by this subsection. General criteria for a.pprovaL Before any lot s lit is recommended for approval by the Planning and Zoning Board or approved by the City Council, the a licant must demonstrate and the Planning and Zoning Board or QijY Council must find, that the proposed lot split meets the following criteria: L,D- The application is in compliance with the provisions of this Cha ter and applicable law._ MI The application is consistent with the City's comprehensive plan. MI The application is compatible and in harmony with the surrounding neighborhood with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previouslX approved by the City Council. DD) The application does not create any lots. tracts of land or developments that do not conform to the Cily Code._ La The application does not create burdensome congestion on the streets and highways. FL) Thea lication promotes the orderly la out and use of land. MI The application provides for adequate light and air. HM The gpplication docs not create overcrowding of land. f1 The application does not 12ose any significant harm to the ade nate and economical_ provision of water, sewer, and other public services. LL The application provides for prover ingress and egress through a public or approved private street or perpetual cross access easements. Lej Upon approval of any lot split by resolution of the City Council, the resolution shall be duly recorded in the public records of Brevard County and reflected on the qPpropriate City maps and documents. f d� No further division of an approved lot split is permitted under this section, unless a plat is prepared and approved in accordance with this Article. City of Cape Canaveral Ordinance No. 04-2009 Page 19 of 20 DRAFT January 8, 2010 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2009. ATTEST: ANGELA APPERSON, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoag Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No. 04-2009 Page 20 of 20 Against Earl McMillin P.O. Box 1086 • Cape Canaveral, FL • 32920-1086.321.783-8834 • emcmUlinjd@yahoo.com Oaster, Oceans, Unlimited Attorney /1t --law STCW-95 Certified Pennsylvania, Admitted 1969 Port Canaveral Pilot (Retired) Florida, Admitted 1974 21 December 2009 i/z Katherine W. Latorre, Esq. Brown, Garganese, Weiss & D'agresta, P.A. 11 l North Orange Avenue Suite 2000 Orlando, Florida 32801.-2327 Re: City of Cape Canaveral, Ordinance No. 04_2009 Dear Ms. Latorre: As you know I have a keen interest, as do my Holman Road neighbors, in the subject Ordinance No. 04-2009 that I believe you are in the process of revising in preparation for the January ;meeting of the Planning & Zoning Board. Would you kindly advise me when the revision that will be laid before Planning & Zoning is ready so that we can review it in advance of the meeting. Your cooperation is greatly appreciated. Cc City Manager ✓City Clerk Planning Official " '" ling Off tial Board Secretary Holiday best wishes, r � A/ Earl McMillin r Pagel of 2 Susan Chapman From: Barry Brown [brown-cape@cfl.rr.com] Sent: Friday, January 08, 2010 11:39 AM To: chapman-cape@cfl.rr.com Subject: FW: 04-2009 Lot Split Ordinance From: Hartley Charles [maiIto:Charles.Hartley@xlgroup.com] Sent: Wednesday, January 06, 2010 3:25 PM To: klatorre@orlandolaw.net Cc: beazzycape@cfl.rr.com; famruss376@cfl.rr.com; dsamudrazupta@aol.com; harrymp@cfl.rr.com; rien man a sout .net; rown-cape@cfl.rr.com -------- -- -- ---- - Subject: 04-2009 Lot Split Ordinance Kate, I not only agree with Earl McMillin but I don't see how the City can adopt this Lot Split Ordinance and remain in compliance with Florida's laws and its own Ordinances. No matter how one attempts to turn the definition of subdivision, this is still a division of land and it's still a subdivision. If it is a subdivision, the issue becomes whether a City can waive the platting process for the subdivision of lots or parcels. Under the laws of Florida and the City, it cannot. The question then becomes, whether by giving something a new name (Lot Split), it changes its substance and character (subdivision), namely, by calling the subdivision of a lot or parcel a Lot Split, does it change its substance and character. The City's definition of subdivision is clearer in its reading than the state's and I would presume the forefathers did so intentionally. The City's definition was taken verbatim from The Department of Commence Standard City Planning Enabling Act (SCPEA) of 1928. The SCPEA had this footnote: "Every division of a piece of land into two or more lots, parcels, or parts is, of course, a subdivision. The intention is to cover all subdivision of land where the immediate or ultimate purpose is that of selling the lots or building on them. The object of inserting a definition in the text of the act is to avoid the inclusion, within the planning commission's control, of such cases as a testator's dividing his property amongst his children, partners' dividing firm property amongst themselves on dissolution or cases of that nature." State -- "Subdivision" means the division of land into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land; and includes establishment of new streets and alleys, additions, and resubdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided. City - "Subdivision means the division of a 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 Iand. The term `subdivision' includes resubdivision and replatting, and when appropriate to the context, shall relate to the process of subdividing or the land subdivided." As I read this, any dividing is a division of land and constitutes a subdivision. It a question of what was the size to begin with? Any subsequent division of land is a subdivision. The issue is really, how does a subdivision change the plat for a lot or parcel and when is a plat review needed by the governing body. That brings us to the statutory requirements for plats and plat review. FS Chp. 177 states: Chp 177 - "Plat or replat" means a map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and other information in compliance with the requirement of all applicable sections of this part and of any local ordinances. FS 177.041, ... when the replat affects any boundary of the previous platted property or 01/08/2010 ,r. Page 2 of 2 when improvements which may affect the boundary of the previously platted property have been made on the lands to be replatted. 177.011 Purpose and scope of part l. --This part shall be deemed to establish consistent minimum requirements, and to create such additional powers in local governing bodies, as herein provided to regulate and control the platting of lands. This part establishes minimum requirements and does not exclude additional provisions or regulations by local ordinance, laws, or regulations. 177.021 Legal status of recorded plats. --The recording of any plats made in compliance with the provisions of this part shall serve to establish the identity of all lands shown on and being a part of such plats, and lands may thenceforth be conveyed by reference to such plat. 177.071 Approval of plat by governing bodies. (1) Before a plat is offered for recordinb, it must be approved by the appropriate governing body, and evidence of such approval must be placed on the plat. If not approved, the governing body must return the plat to�� T -the professional tGNdybr'and mapper or the legal entity offering the plat for recordation. For the purposes of this part: (a) When the plat to be submitted for approval is located wholly within the boundaries of a municipality, the governing body of the municipality has exclusive jurisdiction to approve the plat. Now, please read the section: 177.091 Plats made for recording. --Every plat of a subdivision offered for recording shall conform to the following: (1) It must be: [Which is too long to insert] If the City waives the platting requirements to allow for subdivisionswithin pre-existing R-1 Low Density Residential Districts, 1 submit that they are in violation of the requirements of Florida Law for plat review and their own Ordinances, and they run the risk of omitting and overlooking important development issues that would otherwise be reviewed during the platting process. We believe we have vested rights in reliance upon the existing laws and ordinances that were in place and upon which we relied when we purchased our property. The City has not demonstrated any substantial need or reason to make this change. Rather, thereis better logic and significant reason to exempt the City's R-1 Low Density Residential Districts from the Lot Split Ordinance. Thanks, Charlie Charles Hartley 399 Holman Road Cape Canaveral, FL 32920 Res: 321.783-8367 cell: 321-431-5704 Fax 321-783-9073 chartley(cDcfl.rr.com CONFIDENTIALITY: This communication, including attachments, is for the exclusive use of the addressee(s) and may contain proprietary, confidential or privileged information. If you are not the intended recipient, any use, copying, disclosure, or distribution or the taking of any action in reliance upon this information is strictly prohibited. If you are not the intended recipient, please notify the sender immediately and delete this communication and destroy all copies. 01/08/2010 0 January 2010 M" Susan Chapman Secretary, Planning & Zoning Board City of Cape Canaveral P.O. Box 326 Cape -Canaveral,-Florida- 32920-0326 Re: Proposed Ordinance No. 04-2009 Dear Secretary Chapman: Kindly advise the Planning and Zoning Board at its next meeting, on Wednesday, January 13, 2010, that we strongly suggest that it is in the best interest of all the citizens of Cape Canaveral that the Board recommend to the City Council that all R-1 Low Density Residential property be exempt from the operation of any streamlined, "lot split" ordinance. Only a small portion of the City is zoned R-1 Low Density Residential and most of the City is already developed. Sincerely Vito Caputo ��'Gygl