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HomeMy WebLinkAboutP&Z Agenda Pkt. 1-27-2010AGENDA CALL TO ORDER: ROLL CALL: NEW BUSINESS: Approval of Meeting Minutes: January 13, 2010. 2. Recommendation to the City Council Re: Cape Caribe Revised Site Plan - Michael Allen, P.E., Agent for Allen Engineering, Inc., Project Engineers. 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 Pursuant to Section 288.1015 F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Cornmunity 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 Adiustment, 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. 7510 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@cfl.rr.com Date: January 22, 2010 To: Planning and Zoning Board members From: Barry Brown, Planning and Development Director RE: January 27, 2010 P&Z Board Meeting The first item on the agenda is the revised site plan for Cape Caribe resort. The P&Z Board has already reviewed and recommended approval for the comp plan amendment and rezoning that make the revisions to the site plan possible. Staff has reviewed and recommended approval of the revised plans (see Staff Report). The second item is the continuing review of proposed revisions to the plat ordinance. The Citv Attorney has made changes in accordance with recommendations from the Board at its .January 13, 2010 meeting. PLANNING & ZONING BOARD MEETING MINUTES JANUARY 13, 2010 A Regular Meeting of the Planning & Zoning Board was held on January 13, 2010, at the City Canaveral Public Library, 201 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 Todd Morley Susan Chapman Kate Latorre Robert Hoog NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Planning & Development Director Building Official Secretary Assistant City Attorney Council Member 1. Approval of Meeting Minutes: November 18, 2000. Motion by Harry Pearson, seconded by John Fredrickson, to approve the meeting minutes of November 18, 2010. Donald Dunn advised that a correction needed to be made on page 5, 1 st paragraph, 2nd sentence to read as follows: "Donald Dunn suggested having changes made in the city code to eliminate floor heights and building heights, and only count the number of floors." Discussion followed. Donald Dunn moved for an amendment to the minutes on page 5. Chairperson McNeely asked if there was a second. John Fredrickson seconded the motion. Chairperson McNeely asked the Secretary to call the question. The Secretary called the roll. The amendment passed unanimously. Chairperson McNeely asked Donald Dunn to state his amendment. Donald Dunn stated that on page �, 15t Eiaragrap_h, �nc� sentence, to remove the perioa after the wora height and add the words "and only count the number of floors.` Lamar Russell questioned what the Board had just done. Kate Latorre, Assistant City Attorney, explained that a motion was made to amend the minutes as Donald Dunn previously stated. Unless the Board had questions, she didn't believe it needed to be restated. She clarified that they just passed a motion to amend, and now, if everyone was in agreement, there needed to be a motion to approve the minutes as amended. Lamar Russell questioned why the motion wouldn't be to approve the minutes, as amended. He asked if they needed to make amendments to amend the amendments. Planning & Zoning Board Meeting Minutes January 13, 2010 Page 2 Kate Latorre explained that that is how the motion was stated. She asked that the Board make a motion to approve the minutes, as amended. Motion by Harry Pearson, seconded by Donald Dunn, to approve the minutes, as amended. Vote on the motion, as amended, carried unanimously. 2. Approval of Meeting Minutes: December 9, 2009. Susan Chapman, Secretary, advised that she made a change to the draft minutes, as requested by Board member John Johnson; and the changes were highlighted and provided to the board members at this meeting. Motion by Donald Dunn, seconded by Harry Pearson, to accept the minutes, as amended. Vote on the motion carried unanimously. 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. Chairperson McNeely read the agenda item for the record. Barry Brown, Planning & Development Director, reported that this was a request for the on -premise consumption of alcoholic beverages; the property currently has a special exception that allows for beer and wine only; the owner would like to serve liquor and upgrade their alcoholic beverages license from 2COP to 4COP; the applicant is Brigitte Krause for Izzy's Bistro; the property owner is Supra Color Enterprises, Inc., Kurt Tezel, President; the subject property is located at 6615 N. Atlantic Avenue, Suite C; the future land use and zoning designation is C=1; the surrounding zoning to the North C=1, East County Commercial, South C-1, West C-1; Surrounding uses: North - vacant, East - commercial, South vacant, West - condominiums. Mr. Brown reported on the property history and description. He advised that Brigitte Krause, owner of Izzy's, wanted to be able to serve liquor; Izzy's is within 2,000 ft. of another establishment serving alcohol; city code calls for a minimum of 200 seats for a restaurant to be exempt from the requirement of a 2,000 ft. separation from another establishment selling alcohol; Izzy's requested that the city revise the 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 memo dated June 22, 2009, contained in the Board packet; the i- - - ----- - -,.- - -' - -' fflemo iUenrnieU Lne issues w be, addressed once the cone was revised, specifically parking and sewer impact fees. Planning & Zoning Board Meeting Minutes January 13, 2010 Page 3 The Planning & Development Director advised that on September 1, 2009, he met with Kurt Tezel, property owner, to discuss the parking situation. He was provided parking calculations and was apprised that if parking cannot be provided on site, the city 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 was not aware of any other option, short of a variance, to provide relief from required parking. City code requires that a special exception be granted by the Board of Adjustment for a restaurant to serve alcohol; Izzy's current special exception allows for beer and wine only. On November 4, 2009, staff met with Brigitte Krause and Gary Kirkland in a special exception pre -application meeting, where requirements of code and the special exception worksheet were discussed, as well as parking. He clarified that the city code allows for parking to be provided off-site parking. He explained that subsequent to the meeting, it was brought to his attention that additional seats (76-150 seats) had been installed. However, the impact fees addressed in Todd Morley'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's 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. He advised that staff has discussed the possibility of an impact fee payment plan with the applicant. The Planning & Development Director stated that all special exception recommendations and final decisions shall be based on the following criteria to the extent possible. He gave a report regarding the special exception worksheet and staff analysis. Regarding land use and Inning, he wiviseri that the requested special exception was consistent with the intent of the Comprehensive Plan, in that C-1 commercial land use classification allows for restaurant uses; the requested special exception would be consistent with the intent of the zoning district in which it is sought, because restaurants are principal uses in C-1 commercial zoning; the requested special exception would 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, and landscaping, etc., with the exception of off. -street parking. The Planning & Development Director reported on special conditions for establishments serving alcoholic beverages. He verified that the establishment was not within 300 ft. of any existing church, school ground, or playground; or within 300 ft. of the mean high water line of the Atlantic Ocean or of the Banana River. Planning & Zoning Board Meeting Minutes January 13, 2010 Page 4 The Planning & Development Director reported on the impact to surrounding properties. He advised that the restaurant is an established use, currently serving beer and wine, and is compatible with the surrounding area; as the establishment is currently, the scale and intensity of the proposed special exception is compatible and harmonious with adjacent land uses. He advised that the request does not change the nature of the current operation, and would not create any adverse impacts to other properties in the surrounding area, through 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; there was adequate screening and buffing; off- street parking would need to be addressed per city code, but actual impact of additional seating can be handled on-site, as long as the hours of operation of other uses in the building remained daytime hours; the size and shape of the site, the proposed access, internal circulation, and design enhancements will be adequate to accommodate the proposed scale and intensity of the special exception requested; signs and exterior lighting is designed and located so as to promote traffic safety and to minimize any undue glare or incompatibility with adjoining properties; the hours of operation will be 4:00 p.m. to 10:00 p.m., Monday through Saturday; and would have no impact to surrounding properties. The Planning & Development Director gave a report on traffic and parking. He advised that per city code, the site is 35 parking spaces short. He commented that in practice, as long as other users in the building continued to operate during the daytime, there should be adequate parking on site; there is adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access; there would be more traffic, but it was not quantified; and there was adequate loading and unloading areas. The Planning & Development Director reported on public services. He verified that there are adequate utilities available; the proposed special exception would not create any unusual demand for police, fire, or emergency services; the proposed special exception would not have an adverse impact on public service, including: water, sewer, surface water management, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities; and there was adequate refuse facility for the use. The Planning & Development Director advised the Board on miscellaneous impacts. He verified that the proposed special exception would not have an adverse impact on the natural environment, including: air, water, noise pollution, vegetation, wildlife, open space, noxious and desirable vegetation, and flood hazards; the special exception would not have any adverse impact on historic, scenic, and cultural resources including: views and vistas, and loss or degradation of cultural and historic resources; the proposed special exception would not have any adverse impact un the wcai economy, including governmental fiscal impact, employment, and property values; and would not have an adverse impact on housing and social conditions, including a variety of housing unity types and prices, and neighborhood quality. Planning & Zoning Board Meeting Minutes January 13, 2010 Page 5 The Planning & Development Director gave staffs recommendation. He advised that city staff recommended approval of the requested special exception with the conditions that parking be provided, per the city code; and that sewer impact fees be paid. Burton Green, Esquire, spoke on behalf of the applicant. He advised that if he understood staffs report, two issues needed to be addressed. One was the parking issue, and the other was impact fees regarding seating. He advised that the applicant was not denying their liability for the impact of the 75 to 150 seats; the issue was whether or not the applicant was liable for the impact fees that were not paid, by prior occupants of the building, who added the extra seats, from 25 to 75 seats, there position was that they should not be liable for what someone else should have paid and did not. That was an issue that the City should have addressed when the seats were added by previous owners. He asked that the impact fees from 25 to 75 seats not be required of the current owner. The current owner only pay for the 75 to 150 seats that they wished to put in to meet the requirement of the city code to allow them to serve alcoholic beverages. Unless there was case law that says that the current occupant is required to pay what a previous occupant should have paid. If so, the current occupant would ask the city to waive that requirement for I=y's; and just require that she pay the impact fees for the actual addition that she is putting into the restaurant. Discussion followed. Kate Latorre, Assistant City Attorney, advised the Board that they have no authority to waive impact fees; it would need to be worked out administratively, and could not be a condition of the special exception. Attorney Green stated his position regarding parking. He believed that they only nE?eric-rii six additional parking spaces. He explainer) that the city! -code S'Pr`tion 110-171, states one parking space for every three seats. With 150 seats, they would need a total of 50 parking spaces to meet the requirement of the code. City staff has confirmed that the premises have 44 parking spaces. He submitted a copy of the current Lease between the applicant and property owner (entered as Exhibit A). He advised that there was nothing indicated in the Lease that restricted the applicant from using all 44 parking spaces. He explained that it may have been a problem, realistically, is the restaurant was open during the daytime, competing with the other businesses that were open, However, the restaurant was open from 4 p.m. to 10 p.m.; therefore, not having access to all 44 parking spaces was not an issue. He advised that there was not time to obtain a signed agreement from the adjacent property (Mr. Porter), however, he acknowledged in an e-mail (entered as Exhibit B), that he was giving them permission to use 10 parking spaces, in the foreseeable future. They also obtained a verbal agreement from another property owner (King Fireworks), which is located within 500 ft. of this establishment, permission to use approximately 15 to 20 parking spaces, after 5:00 p.m. Planning & Zoning Board Meeting Minutes January 13, 2010 Page 6 Attorney Green advised that he understood that the parking agreements must be in writing. He clarified that with Mr. Porter's permission to use 10 parking spaces, and that only 7 additional spaces were required, the requirement of the city code would be met. He assured the Board that in addition to the 10 spaces, they would also obtain a written agreement for an additional 20 spaces from King Fireworks. John Fredrickson asked Mr. Green if he understood that in order to meet the requirements of the city code for parking, that the restaurant would never be able to be open for lunch. Mr. Green acknowledged that that was correct, with the exception that if the current owner who is only interested in a night time business wishes to sell the business to someone who wants to be open for lunch, he presumed that the owner could remove seats in order to meet the parking requirements; however, with agreements for off-site parking, they could meet that requirement. He advised that the current owner had no interest in opening the restaurant prior to 4:00 p.m. Donald Dunn commented that the fireworks property was located outside the city limits. Mr. Green responded that the city code did not restrict them from obtaining off-site parking agreements from establishments outside the city limits. Mr. Dunn asked if they were going to obtain an agreement for indefinite use of the property. Gary Kirkland, on behalf of the applicant, testified that the applicant was speaking directly with the property owner and it was understood that if the agreement was to expire, they would have to go to another property owner and obtain an agreement. Barry Brown clarified that they would always need an agreement from somebody to meet the parking requirements to be in compliance with the special exception. Discussion continued regarding parking agreements. Katy- .I atnrre 2dvi-,r-d that there nPeried to he a prnvicinn in the agreements that the city would have to be notified in the event that the agreement would be terminated. She noted that if they lost their off-site parking, the special exception may be revoked, because it would no longer meet the requirements, and therefore, the special exception would not be valid. Attorney Green requested that in the approval of the special exception that it be noted that the city acknowledges that all they need is six off-site parking spaces to meet the parking requirement of city code. Mr_ Green reiterated that the lease does not restrict them from always having access to 44 parking spaces. He noted that regardless, they would still have over 30 parking spaces available to them off-site. Discussion followed. Planning & Zoning Board Meeting Minutes January 13, 2010 Page 7 Barry Brown clarified that 79 parking spaces were required for the property, as a whole, and only 44 parking spaces were provided, therefore they were short 35 parking spaces. He commented that it appeared the applicant was calculating the parking spaces as if they were the only use on the site. Mr. Green responded that he did not want to get into whether or not the entire building complied with parking requirements. He noted that with the exception of the Co- op, all the other businesses were closed by 4:00 p.m., so they were not competing with the other uses. Following discussion regarding parking calculations, it was agreed that 35 additional parking spaces were needed to meet the requirements of the city code. Harry Pearson advised that the special exception application did not include a seating plan, which was necessary to show the required minimum of 150 seats. Mr. Green responded that they provided a drawing, but did not know if it met the requirement of the submittal. Mr. Pearson suggested that they find out if it met the requirement, and if not, provide the diagram. Mr. Russell commented that they could provide the drawing to the Board of Adjustment, and staff could simply verify the seating. Mr. Pearson responded that it should have been provided to the Planning & Zoning Board. Barry Brown advised that per the city code, the number of seats were to have been provided, in a tabular form, and they were to provide a floor plan, which they did. He did not believe that the code required an actual seating plan; they would need to provide that when seeking approval from the state, to increase their seating from 75 to 150, but not at this point. Mr. Pearson advised that he must see the seating plan. Todd Morley, Building Official, advised that staff did talk to the applicant about needing a seating plan. He referred to his memo, dated June 22, 2009. He nntpd that thnv Pvc-n q -.kart fnr it hank than-_ Hc- gdvigt-d thAt it Mill hq� not hr -on provided. He clarified that the reason staff asked for a seating plan, was to verify that they could fit 150 seats, and be able to fit them in accordance with the egress code, and the handicap accessibility code. However, these were not conditions of the special exception approval, which was a use approval. He clarified that these were more compliance issues that anyone would have to comply with. Kate Latorre inquired if staff has seen any evidence that they could seat 150. Todd Morley and Barry Brown replied that they hadn't seen anything yet. Gary Kirkland advised that they received approval from the State for 150 seats, based on approvals from the city fire department. He noted that all the seats would not be located indoors. They were proposing 120 seats indoors which fits into the fire department's calculation, plus 30 seats outdoors which brings them 150 seats. They did provide a sketch of the floor plan showing 120 seats indoors and 30 outside, but they did not have the specific arrangement of tables. Discussion was held regarding outside seating. Planning & Zoning Board Meeting Minutes January 13, 2010 Page 8 Mr. Kirkland testified that they were fairly confident that they could fit 120 seats inside, based on a floor space calculation. He advised that the occupant load allows for 133 seats inside. He confirmed that 150 seats is a requirement by the State to approve the 4COP license. They were confident that they would meet the seating requirements, and confirmed that if they could not meet that requirement that the special exception would be revoked, and would not qualify for their alcohol license. Discussion followed. Mr. Green confirmed that they would provide a seating plan. Motion by Lamar Russell, seconded by Bea McNeely, to recommend approval of Special Exception 09-04 to the Board of Adjustment, with the following conditions: • Parking agreements shall be in place to provide parking in accordance with city codes. • Provide a dimensional drawing showing the main assembly area of the restaurant, as well as any exterior seating, with the proposed number of tables and chairs. Vote on the motion carried unanimously. Chairperson McNeely called for a break at 8:18 p.m. She called the meeting back to Order at 8:30 p.m. 3. Recommendation to the Citv Council Re: Proposed Ordinance Amendin Chapter 98, Subdivisions, Relating to Plats: Amending and Clarifying the Criteria Required for Preliminar,, 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 Attorne . Kate Latorre, Assistant City Attorney, advised that she made changes to the draft ordinance based on the Board's recommendations at the last meeting. John Johanson made several suggestions for more changes. The Board held rlismssinn as they reviewed and discussed those pronncPri changes. Earl McMillin and Charles Hartley addressed the Board. They requested that all documents they submitted at the last meeting and this meeting be made part of the official record. Discussion followed regarding Mr. McMillin's letter dated December 21, 2009. Planning & Zoning Board Meeting Minutes January 13, 2010 Page 9 Motion by Donald Dunn, seconded by Lamar Russell that all letters and correspondence received at this meeting, and the previous meeting, from Mr. McMillin, Mr. Hartley, and others are included in the record. Vote on the motion carried unanimously. Mr. McMillin and Mr. Hartley made the following comments: There was not a lot of R-1, low density residential in the city; of the city's 1,112 acres, only 163 acres or 13% of the city is R-1; 93% of the city is built -out; a survey performed by Mr. McMillin revealed that of all the R-1 properties throughout the city there were only ten potential lot splits, and six of them abut Holman Road; certain characteristics of Holman Road made it a unique area; city should exempt R-1 properties if they were going to allow lot splits; there was no public need to include R-1. Mr. McMillin asked that a motion be made to exempt R-1 from any lot split ordinance. The Board Secretary read a letter into the record, dated January 2010, signed by six residents of Holman Road. Discussion was held regarding applying the same criteria for a preliminary and final plat into one application for a lot split. Following the Board's discussion, by unanimous consensus, the Board members agreed to the following additional changes to the draft ordinance, dated January 8, 2010: • Pages 1 - 4: No additional changes. • Page 5: Separate the information on the plat from the Topographic requirements. Therefore, (1) through (N) become Topographic information, and are re -lettered (_example: (1) becomes (c) and the rest of the factors fall as subsections under (c). • Paaes 6 - 10:No additional changes. • Page 11: Keep letters (a) (b) (d) and (j). All other letters are eliminated. • Page 12: No additional changes. • Page 13: Remove new sub -section (1); reword new sub -section (2) regarding dedication for public use; and move items (3) & (4) to Section 98-59, on page 14. (3) becomes (c), and (4) becomes (d). Planning & Zoning Board Meeting Minutes January 13, 2010 Page 10 • Page 15: Remove criteria (3) (4) & (5) • Page 16: Remove criteria (6) (7) (8) & (9); Division 5. Lot Splits remove the first sentence; and combine preliminary and final into one application and approval process. Brief discussion followed on whether or not to review the new revised draft before making recommendation to the City Council. Motion by Bea McNeely, seconded by Donald Dunn to postpone recommendation until the Board reviews the revised draft again at the next meeting. Vote on the motion carried by majority, with members voting as follows: Donald Dunn, for; John Fredrickson, against; Bea McNeely, for; Harry Pearson, for; and Lamar Russell, for. OPEN DISCUSSION There was no open discussion. Motion by Harry Pearson, seconded by Donald Dunn, to adjourn the meeting at 9:59 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral, Florida P&Z Board January 27, 2010 91139NO =11 :49 For site plan approval of revised site plans for Cape Caribe. Applicant: Michael S. Allen Owner of property: Cape Caribe, Inc. Subject property: Cape Caribe Resort Future Land Use and Zoning designation: R-3 Residential and C-1 Commercial Surrounding zoning: North - Port Canaveral and Jetty Park East — Atlantic Ocean South — R-3, Residential West—M-1, Industrial Surrounding uses: North — Port Canaveral and Jetty Park East — Atlantic Ocean South — Solana Lake and Solana Shores West -® Coastal Fuels History and Description A site plan dated June 27, 2001 wac annrnverrJ for the Cape Caribe resort. The applicant rr .... is proposing to reconfigure some operations on the existing property and add a 5 acre parcel to the project. On the previously approved portion of the site plan the applicant is proposing to provide additional parking, the removal of a building, extension of the existing pool deck, and a minor revision to two building footprints. The addition of the 5 acre parcel of land adjacent to the western boundary of the existing project will bring the total area of the project to 35.95 acres. The proposed development on the 5 acre parcel will include two 5 story hotel buildings containing 75 units each, an elevated parking deck, and the preservation of 1.2 acres over the southwest corner of the site. These changes have necessitated a revision to the site plan as well as a comprehensive plan amendment, rezoning, and development agreement. The comp plan amendment and rezoning were heard by the P&Z Board on Feb. 27, 2008 and the Board recommended approval. The comp plan and rezoning requests had a first reading with Council on March 18, 2008. At the second reading on April 1, 2008, the requests were tabled until revised site plans were prepared. Recently, the development agreement has been to the City Council in a series of three workshops. It will be formally heard by the Council subsequent to P&Z review of the revised site plan. Upon P&Z Board review and approval, the revised site plan will be forwarded to the City Council along with the comp plan amendment, rezoning, and development agreement for review and final decision. Staff Recommendation to the Planning and Zoning Board Staff has reviewed the revised plans and recommends approval subject to the conditions of the development agreement. MEMORANDUM TO: Barry Brown Planning and Development Director THROUGH: Walter Bandish Public Works Director FROM: Jeff Ratliff Assistant Public Works Director City of Cape Canaveral 868-1240 DATE: 12/01/09 RE: Cape Caribe 4th Site Plan Review — Public Works Public Works has reviewed the referenced site plan submittal and has no further comment. City staff recently attended a meeting between the Developer and Port Canaveral officials — the proposed project to alleviate future flooding concerns (pump drawdown system) is moving toward resolution. December 7, 2009 Barry Brown Planning & Development Director City of Cape Canaveral 7510 N Atlantic Ave Cape Canaveral, FL 32920 RE: Site Plan Review #4 Cape Caribe SSA # 06-0025 057-1004 Dear Barry: =1 Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) has reviewed the above -referenced project and based on our review, SSA recommends said plan for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesjtate to call Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. John A. Pekar, PE City Engineer cc: Susan Chapman, City of Cape Canaveral Flit: City Ent-Fineer's Review Fee for Review #4 — $332.50 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. SPOTTIER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783.7065 P:105-00251057 '-0041RAl -Cape Caribe Site Plan R jAe�A 1 X10329 #EB0000762 #LB0006700 Susan Chapman From: John Cunningham Ocunningham@ccvfd.org] Sent: Tuesday, August 26, 2008 2:16 PM To: chapman-cape@cfl.rr.com Subject: Re: Cape Caribe/Site Plan Changes Susan, I have reviewed the site plan changes and have no comments at this time. Under Florida Statute 668.6076, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. This message contains information which may be privileged, confidential, or otherwise protected from disclosure and is intended only for the individual(s) named. If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender by reply e- mail and destroy the original message and all copies. Messages sent to and from us may be monitored. (v.le) 08/26/2008 ALLEN ngineering, Inc. Mr. Todd Morley, Building Official City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Cape Caribe 1000 Shorewood Drive Dear Mr. Morley: (321) 783-7443 FAX (321) 783-5502 106 DIXIE LANE - P.O. BOX 321321, COCOA BEACH, FLORIDA 32932-1321 30 July 2008 Transmitted herewith is an Site Plan Review Application package for a modification to the project referenced above. The application package includes the following: 1. One (1) Site Plan Payment Receipt 2. One (1) Application for Site Plan Review 3. One (1) Site Plan Checklist 4. Seven (7) sets of construction drawings 5. Two (2) Stormwater Computations 6. Two (2) Boundary and Topographic Survey 7. One (1) Each - Water and Sewer Concurrency Evaluation Certificates_ 8. Two (2) Traffic Impact Analysis 9. One (1) Check in the amount of $4,755.50 The enclosed application is for a modification to the existing Cape Caribe site plan. The modifications include a reduction in the number of residential buildings and the expansion of the pool and deck area. The enclosed stormwater computations have not been modified as there have been no changes to the lake system serving Cape Caribe; Solana Lakes, and Solana C hOr%es 1r t, rt of alms sub, mitLa1 V _ �.� fact, as part ll1 t111D auulluual, Me impervious area has been reduced and additional exfiltration pipes have been added, Thus-, the the impact to the existing lakes should be reduced. Hopefully the information provided Is sufficient for you to complete you review. If you have any questions or need any additional information, please don't hesitate to call. Very truly yours, Michael S. Alen, P. E. Enclosures cc: Maath Bennett, Benko Construction Co. FEE:( PROJECT IM-NIE: LEG -U DESCR.IP-nON: ER(S) -N.-NjE: 0���,-ER(S', :ADDRESS: DAT: -1- 3c) oQ� CA 3 IE7 0L--�) ;r� l LC.rtiti o P"O",-E-�LB 'iER: -A-X- E OF x--RCI3ITECT/ENG�-EER: PHOL'�E -N'-L---"yr-BER: Ztc. 44 �� +TER. OR AGENT '0� I,T�F-BER:- # SITE PL' AN APPROVAL PROCEDUR.E: Step 1. Site PIan Submittal and Review Required - yes Ilio d- New commercial badina or structure? N ew residential t-- structures with -- three or units? more dwehina Commercial additions esceed_ina gip Square feat? If ves has been checked on any of the above._ ——i✓-requu-ed. �siie pl-an-5ubmlrtaI an 'review Step 2, _UbMir five (�? copies Profe�c r P of the size plan signed and sealed by. a Tonal � ng?neer, licensed in the State of Florida aIona w 'Zing fee to the BuildiIIg DeparLrnent 30 days prior to the PIa ` Ith a Zoning Board meeting. (The Board meets the 2nd nsuue and OT eve: -v month.) and 4th ednesdav The Building Department shah dL-trihute the site plans to deparrments and return commend to the the following sunrrliria-1. applicant within 10 days of its 1- Ciry Engineer Building Departmeu± Fire Official 4• Florida Depar--Lment of Environr enf �_ _ . �- .al Prot --,-On M appropriate; Lep g. The applicant shall return nine (9) copies of the revised with Writtea responses to all comments at least seven alta plan along a Planning and Zoning meeting (1 days prior to tap 4• Compliance ;ith Ston-Mwater COncurreucv - �eme�It_ E 5. The Building Department will return one (1) copy of the s• applicant marked with the Board's approval subject to conte plan to the -applicaule.) contingencies (if SITE PLA CBECMGIST SITE PLAN INFORMATION: ,General) . / ltio N.A. Si?e, height, number of units and location of proposed and existing structures. Dimensions -- - Tota-giros-ar-es-end-perc�ntaP devo e to structures, parking and landscaping. Number of units /LL Number ofarl�in? P ! spaces and loading zones Traffic flow diagram Density (units per acre) Location and dirnen=ion for thefollo�vinQ cress: i �- ✓ Canal(5) -- - 4� aL m av(s) Moat slip(s) � k- Park -in w_mrrig p-)nT(Si -- Driveway(-) Recreation SITE PLAN CHECKLIST CO D PAGE 2 Yes No N.A. Trash Sidewalks Dune crossovers Other (specif'V) ✓ T,,Te of enclosure for mmmunal- Fire alarm and standpipe data Viciniry map Location of planned landscapinc, Finished z�,:,jides for the following - Entire parcel Finished floor—, Parkina lot-, Sidew-ilk 10" of adjoin-ing property Details. sections and specifications rr e� t 'H'Qhfi "Water and sewer � N _ SITE PLAN Cjj ECKL,IST C® —ILN TED) PA— 3 Yes No N.A. Paving a �p nd drainage Tx _ Curbs. —' Storm drains -- Sideway En!z Ileer' eal-o-n-dra��inks Square fc�otagA Of building areas i z-in g Parking — Ober i DI SCRIPT -71 tI: CAPE DARII!_3I!= A portion of Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: Commence at the Northwest corner of said Section 14; thence N89'43'34"E, along the North line of the Northwest one—quarter of said Section 14, a distance of 2,6J9.94 feet, to the North one— quarter corner of said Section 14; thence N89'45'43"E, along the North line of the Northeast one—quarter of said Section 14, a distance of 11.60 feet, to the Northeast corner of lands described in Official Records Book 3830, Page 1294 of the Public Records of Brevard County, Florida and the POINT OF BEGINNING of the herein described parcel; thence continue, N894543 E, along the North line of the Northeast one—quarter of said Section 14, a distance of 1,307.56 feet, to the Northwest corner of Government Lot 1 of said Section 14,• thence S0129'01 "E, along the West line of said Government Lot 1, a distance of 260.06 feet; thence N89"45 43"E, a distance of 1,800.34 feet, to a point on the Erosion Control Line of the Atlantic Ocean; thence the following 4 courses along said Erosion Control Line: (1) S21'34 26"W, a distance of 34.41 feet; (2) 5242225 W, a distance of 222.11 feet; (3) 525'07"33"W, a distance of 214.03 feet, • (4) S26'17'25"W, a distance of 40.16 feet, to a point on the North line of SOLANA SHORES, A CONDOMINIUM; thence the following 10 courses along the Northerly lines of said SOLANA SHORES. (1) N682023"W a distance of 581.68 feet, (2) S89'46 33"W, a distance of . 435.12 feet, • (3) S00' 13'27"E, a distance of 271.75 feet; (4) S89'48'060W a distance of 161.58 feet, to a point of intersection with a non—tangent curve, concave Westerly, having a radius of _ 147 43 feet and a central anale of 45'35 ,5Xi- (5) Southerly; along the arc of said curve to the right, a distance of 117.33 feet (said arc subtended by a chord bearing S19'58 58"W, a distance of 114.26 feet), to a point of intersection with a non—tangent line; (6) S89'4742"W, a distance of 233.42 feet, to a point of intersection with a non—tangent curve, concave Northeasterly having a radius of 116.07 feet and a central angle of 12'0923"; (7) Northwesterly, along the arc of said curve to the right, a distance of 24,63 feet (said arc subtended by a chord bearing N36'14'05"W a distance of 24.58 feet). to a point of intersecflan with anon—tangent . concave Southwesterly, having a radius of 63.73 feet and a central angle of 77'45'08'1• (o) Northwesterly, along the arc of said curve to the left a distance of 86.49 feet (said are subtended by a `;horff baarlrrg ir66'i 1'54'YryV a d!s'tor1G`e Of 80.00 feet), t0 o point of intersection with a non—tangent cUnl,e, concave Northeasterly, having a radius of 35.40 feet and a central angle of 106'19'44' (9) Northwesterly, along the arc of said curve to the right, a distance of 65.70 feet (said arc subtended by a chord bearing N54"00'44"W a distance of 56.67 feet), to a point of intersection with a non—tangent line; (10) S89'46'33"W a distance of 31.11 feet, to a point on the West line of said Government Lot 1; thence N0129'01 "W, along the West line of said Government Lot 1, a distance of 232.95 feet, to a point on the Easterly extension of the North line of SOLANA LAKE, A CONDOMINIUM; thence S89�45 4X`4W along .said Sgsterly extenslon and along the North line of said SOLANA LAKE, a distance of 1,063.04 feet; thence N.01 29'01 "W a distance of 66.02 feet; thence S89'4543"W a distance of 251.32 feet, to a point on the East line of said lands described in Official Records Book 3830, Page 1294 of the Public Records of Brevard County, Florida; thence N00'42'17"W, along said East line; a distance of 500.02 feet, to the POINT OF BEGINNING; Containing 32.71 acres, more or less. DRAFT January 22, 2010 ORDINANCE NO. -2010 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 =`s„ eotit 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. _-2010 Page 1 of 19 this Ordinance): Chapter 98. SUBDIVISIONS ARTICLE II. PLATS & LOT SPLITS DIVISION 1. GENERALLY DRAFT January 22, 2010 See. 98-31. Division of land; review and approval required; zoning. Reserved. (aa) Any subdivision of land into two (2) or more parcels shall be subject to the requirements of this Article. No owner of real property shall sell, offer to sell or lease 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 lots 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 any 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, subdivision or lot split approved pursuant to this article shall in every respect meet the criteria established elsewhere in this article and the City Code for the category of zoning and other relevant codes under which the property is zoned. 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 lot split approval shall meet with staff in a preapplication conference. are eneocraged to Utilize f preapplication eon&rence =d screening proeest available to all site p1mi ftrr7heants. The preapplication screening and conferences are intended to assist the applicant in becoming more aware of and, therefore, more likely to comply with guidelines applicable to the project for which a site plat or lot split will be submitted. However, the applicant is cautioned City of Cape Canaveral Ordinance No. _-201C Page 2 of 19 DRAFT January 22, 2010 that the preapplication screening process is not intended to be a substitute for the formal plat or lot split site plan submittal and review procedures. Nor is it expected that the applicant can rely upon conditional approvals received during the preapplication process as binding the City in any manner during subsequent siteplanplat or lot split submittal and review procedures. 9 Rome 111119-sago—es.. 2111.411M a Kai Mail in ::: . MAIN M IMS- -I;, (b o) The applicant will provide eve copies preliminary drawings of the proposed plat or lot split oto 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 dep=fment five days prior to the preappheaf ion eonferenee. (c d) The proposed plat or lot 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 1[t(:1111iCS, UL11111CS and surrounding property conditions. (2) General description of the proposed development including proposed number of lots, approximate lot :width and depth, building size and type. Proposed stages of development, if appropriate, should be shown. (3) In sketeh form. a 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. Secs. 98-37 — 98-40. Reserved. City of Cape Canaveral Ordinance No. _-2010 Page 3 of 19 DRAFT January 22, 2010 DIVISION 3. PRELIMINARY PLAT Sec. 98-41. Information required. The following information shall be provided to the community development department: (a) A completed application on a form prescribed bythe City Manager requesting review of the preliminary plat under this Division. The preliminary plat, which shall: W Conform to the requirements of Chapter 177, Florida Statutes, this Code and any other applicable statutes and regulations. 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. (44,) Indicate the title, scale north arrow and date on each sheet LL Show, at a minimum, the following existing conditions on the plat: LA Prima y controI points or descriptions and ties to such control points, to which all dimensions, ankles, bearings and similar data on the plat shall be referred. M Boundary lines (includinP bearinfzs and distances), lot lines, lot nnumiibers and block number. Location and description of monuments. Easements, including location, width and purpose. Location, width, and names of all streets, waterways, or other rights - of way shall be shown, as applicable. Minimum building setback lines. � _ty I Size data including t ytQit acreage, iLilGr of1ocJ typical lot S1Ge lIl acres, parks, public open space, etc. City of Cape Canaveral Ordinance No. _=2010 Page 4 of 19 DRAFT January 22, 2010 Location map showing the site in relation to the existing community, including the name of the development and its location and main traffic arteries. (c) Topographic information showing round elevations of the tract based on a datum plane approved by the City engineer as follows: For land that slopes less than approximately two percent (2%), show snot elevations at all breaks in grade, along all drainne channels or swales and at selected points not more than one hundred feet (100') apart in any direction Q For land that slopes more than approximately two percent (2%) either show contours with an interval of not more than five feet (5') if ground 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 preparing plans and construction drawings Other conditions on tract, including water courses marshes rock outcrop, wooded areas, houses, barns, shacks and other significant features Other conditions on adjacent land including approximate direction and gradient of around slope and any embankments or retaining -walls; character and location of buildings, power lines, towers and other nearby nonresidential land uses or adverse influences, owners of adjacent unplatted 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. fdj Zoning designation on and adjacent to tract. LU Proposed public improvements including roadways space reserved or dedicated for parks, playgrounds for other public usLJs or `anther major improvements planned by ublic 1r authorities for future construction on or near tract. (fi Photographs of the tract, at the request of the Planning and Zoning Board. (g) A filing fee, as established by resolution of the City Council. Other preliminary plans, if available which clarify the application A current title opinion of an attorney licensed in Florida or a certification bean 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 leaaI entity executing the dedication. The title City of Cape Canaveral Ordinance No. _-2010 Page 5 of 19 DRAFT January 22, 2010 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. BIN : .: : ;- 01 .- ----------------- _ _---- ._- Ila - .- ----------------- _ _---- ._- (u) i here siiau w u uiuiuiiuui Of utile wNics of the uvcuutcit[ _! - _ --_--- fee _, established by the, :.-J --- an --moti--- '- f-mcd --eee.-sm to comi thc cost Sec. 98-42. Topographic data. Reserved. City of Cape Canaveral Ordinance No. _-201C Page 6 of 19 DRAFT January 22, 2010 w� : : ------------ • • - ; (r ethervv i av m n tract. Watercourses, marshes, roc outcrop, WVV GU areas, isolated pre-servable trees diameter, houses, barns, shacks and other significant V�eatti ------------ • • - ; (r ethervv i av m n tract. Watercourses, marshes, roc outcrop, WVV GU areas, isolated pre-servable trees diameter, houses, barns, shacks and other significant V�eatti City of Cape Canaveral Ordinance No. _-2010 Page 7 of 19 ------------ • • City of Cape Canaveral Ordinance No. _-2010 Page 7 of 19 DRAFT January 22, 2010 •- • ::= - .::: aW. - . ; ; :: 1- ; - appropriate recorder; title under which proposed mbdivisiort is to be recordedwithnames and addresses of owners; notation stafills;: date of Survey. Sec. 98-43. Scale, proposals. Reserved. The preliminary plat (general subdivision pfat) shall be drawn at a uniform scale of not P VA VONA �4a�R�liA7�R•1i7..a•A7RU1�aR..•t•1•lpt 1•l•�•/l•1.11�I1�1...•1■)w \-1 E > .e.. sites. if any, f6r mtHfi-family dwellings, shopping centers, churches, industry VI uses,other nonpublie ily . il•r•�•l�: i City of Cape Canaveral Ordinance No. _-2010 Page 8 of 19 DRAFT January 22, 2010 c. All existing and proposed dtainage fficilifies (etdve!ts, pipes, etc.) with sizes and •.:. ; - R I Is MINI .. . an 9 2 Ego ; - - 016�j . .:. :.. :. -----------a. �:.. Sec. 98-44. . Reserved. 6 W no ----------------- Snow- ;=A based on the N.6.V.D. of • • • • trafflic imp t stirvey or analysis may -re required. Sec. 98-45. City review. (a) The applicant shall submit copies of the_preliminary plat and other information as prescribed in section 98-41 for review by the city staff. City staff shall determine the number of copies to be submitted for review. Upon receipt of the documents required under this Div ision being presented to the 6it�, the building a} planning offcial shall review and forward to the appropriate City reviewing staff engineer a copy of the location nizip, topographie Hiap,_ all documents submitted and such other documents as deemed -_e appropriate to enable the City reviewing staff emzineer to review the City of Cape Canaveral Ordinance No. _-2010 Page 9 of 19 DRAFT January 22, 2010 application subdivision and either find approve the application to be sufficient, Subdivision 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 tear thin 30 days, the City reviewingstaff taff engineer will return in writing all comments, recommendations and questions to the applicant. Tiie appliewit shall then have ten working days to comply with the eity engineer's written request and submit the infbrmafion as corrected an&orniodified to the eity: (c) Should any comment or recommendation made by a member of 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 questions to the planning official, who shall then forward all documents to the applicant. id2 Upon receiving satisfactory reviews from all ofthe City reviewing staff, the applicant shall submit revised copies of the plat and other information as prescribed in section 98-41 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 ZoningBoard. oard. Sec. 98-46. Planning and Zoning Board and City Council review. (a) The Planning and Zoning Board shall review the strr 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. �o) Upon receipt ofthe Planning and Zoning Board's recommendation, the City Council, at tncetle metn,c,uvethaccept thegry to e- rreJect of moiheet1o Board's recommendation. Sec. 9847. General criteria for approval. Time finfit. Before any preliminary plat is recommended for approval by the Planning and Zoniw4 Board or approved by the City Council the applicant must demonstrate and the Planniniz and Zoning Board or Citv Council must find, that the proposed preliminary plat meets the following criteria: (at The application is in compliance with the provisions of this Chapter and applicable law. City of Cape Canaveral Ordinance No. _-2010 Page 10 of 19 DRAFT January 22, 2010 The application is consistent with the City's comprehensive plan (c) The application does not create any lots tracts of land or developments that do not conform to the City Code. The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. Sec. 98-48. Reserved. 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 granted by the City Council for good cause shown by the applicant. If the final plat approval is not obtained within the time period provided in this section. the City Council's preliminM plat approval shall be revoked and the applicant must re- apply under the provisions of this Article. Secs. 98=499 ® 98-55. Reserved. DIVISION 4. FINAL PLAT Sec, 98-56. Conformance to preliminary plat. The subdivision final plat shall conform substantially to the preliminary plat, as approved by the City Council. Pianning and2toning Boar U-1, "LIU 11 U�1311 �,U U.Y LID, subd vider, -it may consfittite Only portion , y plat which is proposes -to record -and a -- ,-�= - provided, however, that stieh portion confbnns to all reqnhetrents of this . 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 Chaptei _ _ The final plat shall correct any inaccuracies indicated on the preliminary plat. Sec. 98-57. Number of cupies. Reserved. City of Cape Canaveral Ordinance No. _-2010 Page l I of 19 IMEMM Sec. 98-48. Reserved. 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 granted by the City Council for good cause shown by the applicant. If the final plat approval is not obtained within the time period provided in this section. the City Council's preliminM plat approval shall be revoked and the applicant must re- apply under the provisions of this Article. Secs. 98=499 ® 98-55. Reserved. DIVISION 4. FINAL PLAT Sec, 98-56. Conformance to preliminary plat. The subdivision final plat shall conform substantially to the preliminary plat, as approved by the City Council. Pianning and2toning Boar U-1, "LIU 11 U�1311 �,U U.Y LID, subd vider, -it may consfittite Only portion , y plat which is proposes -to record -and a -- ,-�= - provided, however, that stieh portion confbnns to all reqnhetrents of this . 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 Chaptei _ _ The final plat shall correct any inaccuracies indicated on the preliminary plat. Sec. 98-57. Number of cupies. Reserved. City of Cape Canaveral Ordinance No. _-2010 Page l I of 19 DRAFT January 22, 2010 See. 98-58. Data required for final approval. (a) The subdivision final plat shall be drawn by the subdivider to conform to the requirements of the City Council and the Board of eounty e for approval and filing with the County clerk. S One 1 transparencyres M lar or printable copyi�s of the final recorded plat shall be prepared by the subdivider for the records of the City and shall be submitted to the City clerk with all appropriate fees to enable the City cterk to record the documents in the public records of the County. U The final plat shall comply with Chapter 177, Florida Statutes and shall additionally show the -following: include a dedication statement by the owners) if dedicating streets or rights-of-way for public use. The dedication must be executed by all persons or legal entities whose signature would be required to convey record fee simple title to the lands beim dedicated in the same manner in which deeds are required to be executed. The dedication shall include the name ofthe plat and the typed names of any witness notary, or other person required to sign dedication. hocation, dimension en io any easement. Number c r i_ y each r "-I-IU' ivun. uuMLV.a.��.eu:is��i�a:iR:��i�.l:�ia i:.uw��:n�ur.�wi%r :.dn.ujj;IV= :ia:.r..m-now:rei City of Cape Canaveral Ordinance No. _-2010 Page 12 of 19 y NOWA hocation, dimension en io any easement. Number c r i_ y each r "-I-IU' ivun. uuMLV.a.��.eu:is��i�a:iR:��i�.l:�ia i:.uw��:n�ur.�wi%r :.dn.ujj;IV= :ia:.r..m-now:rei City of Cape Canaveral Ordinance No. _-2010 Page 12 of 19 DRAFT January 22, 2010 Ian R:ti•nl�r..e•�inaua••s•:an►i►syl�la•�reareuunr:e•law�•nsr••�tiaG►tivnt •,��l�lill�l•�•l�/lf.7f.•R�l•!(�lll�•� • • �tKlll�R••1!!�1.1�1�1�A7�•!�•IR�Li)�•/liYl�!•l�ll•t••1l1�9114�1a'll��A so—M.... HIM : • i i is i i i • •:' i i is • • - :•• i"� • - "- Sec. 98-59. Documents required prior to approval. I The following items shall be required before for subdivision final plat approval eart be granted: (1) Documentation A eertifleate from the City reviewing staff engineer certifying the proposed subdivision is acceptable. (2) Either-aAn irrevocable letter of credit, performance bond or certified checks in a form acceptable to the City Attorney, which will enable the City to complete any a* unfinished improvements that are to be dedicated to the public including but not limited to streets, drainage facilities, street suns, sewer facilities sidewalks and other improvements as shown on the f nql plat _ the _ . t tr3Draft of protevtvecOven.unts, tfapplicable, whereby the 3UL:. UU1V,t: Jlolt pr VpUJGs to regulate land use in the subdivision and otherwise protect the proposed development. Ifthere is to be a homeowners' association established copies of the Articles of incorporation and the bylaws shall be provided. Proteetive eovenants in form for recording, if required. (4) . Certification of approval by the $acrd City Council. (5) Other data as may be necessary which shall be determined by the City Council Planning und Zoning Bo=d. Prior to the City Council's consideration of the final plat the subdivider shall submit City of Cape Canaveral Ordinance No. _-2010 Page 13 of 19 DRAFT January 22, 2010 to the City an updated title opinion of an Attorney licensed in Florida or a certification by 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 Lcj 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 separate instrument joining in and ratifying the plat and all dedications and reservations thereon. Sec. 98-60. Application for approval. Application shall be made for subdivision final plat approval as follows: weeks prior to the meeting at -which it is to be considered. (a) Upon the documents required under this Division being presented to the Cites 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 reviewing staff to review the subdivision and either find the application to be sufficient or point out areas that are inadequate or improper. The City Attorney shall review the title opinion or certification, protective covenants articles of incorporation and bylaws and shall make recommendations, if applicable. (b,) Within 30 days, the reviewing staff will return in writing all comments recommendations and questions to the planning official,_ who shall then forward all documents to the ap 1T i� cant Should any comment or recommendation made by a member of the City reviewing staff the to revs :+..—1.,,�;--: ., ,1, „1 1. :+_ ..4_Cr_t__n ��a aaav applicant av tvt'asi 113 auuulvis,un suumtttat the CLIP 1GV1GVVlllg Stoll Shrill 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 City reviewing staff and revised copies of the plat, the planning official shall schedule the application for consideration by the Planning and Zoning Board. Sec. 98-61. PlanninLy and Zonine Board and City Council Review, General Criteria for Approval. . Reronnneudations of Planning and Zoning Do (a) When all requirements under this Division have been satisfied, the Planning and City of Cape Canaveral Ordinance No. _-2010 Page 14 of 19 DRAFT January 22, 2010 Zoning Board will vote to recommend approval or disapproval of the subdivision final 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. Before any final plat is recommended for approval by the Planning and Zoning Board or approved by the City Council, the applicant must demonstrate and the Planning and Zoning Board or City Council must find that the proposed final plat meets the following criteria: CU The application is in compliance with the provisions of this Chapter and applicable law. QJ The application is consistent with the City's comprehensive plan 3 The application does not create any lots tracts of land or developments that do not conform to the City Code. (44) The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. Sec. 98-62. Recording. The City shall be responsible for recording approved subdivision final plats The final plat shall be recorded with the County prior to any certificate of occupancy beim issued for the applicable plat. The City Manager shall be responsible for adopting administrative procedures for ensuring that all final plats approved by the City Council are recorded within fifteen (15) days of the date ofthe subdivider's updated title opinion or certification. developei must record the snbdi-visinn final pfat yvith the E3nunty and supply -is eitywitir rvritten proof - reeording, befbre Secs. 98-643 — 98-65. Reserved. DIVISION 5. LOT SPLITS Sec. 98-63. Lot splits. Lai An application for lot split shall be processed by combining the procedures applicable to preliminary and final1p at applications into one (1) consolidated application and review process as set forth in this section. For purposes of this section, the term "lot split" shall mean a division of a tract of City of Cape Canaveral Ordinance No. _-2010 Page 15 of 19 DRAFT January 22, 2010 land or lot that will result in the creation of exactl one (1) additional tract of land or lot provided the following conditions are met: UL The lot or tract of land to be split is a previously platted lot or legal description of record. Each lot or tract of land created hereunder shall abut a public or approved private street, unless perpetual cross -access easements already exist on the lot to be split or are determined not to be necessary or, if necessary, are provided by separate instrument. Lcj Application. Applicants seeking lot split approval shall provide the following to the community development department: A complete lot split application on a form prescribed b the city anager The information required for preliminary plat approval set forth in section 98- 41 of this article. 3 A filing fee established by resolution of the City Council City staff review. Upon receipt of a complete lot split application, the planning official shall review and forward to the appropriate City reviewing staff a cop_ y of same and such other documents to enable the City reviewing staff to review the application and either find the application to be sufficient or point out areas that are inadequate or improper. The City Attorney shall review the title opinion or certification City reviewing staff shall return in writing all comments recommendations and questions to the applicant within 30 days of receipt of applicant's complete application. r Should any uviitmen� or > cioiiiiiieiivativii 113auG uy tiir L,ity reviewing staff require the applicant to revise its 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 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 of_ft_cial shall schedule the application for City of Cape Canaveral Ordinance No. _-2410 Page 16 of 19 DRAFT January 22, 2010 consideration by the Planning and Zoning Board. (e) Public hearings. 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. (22) Upon receipt of the Planning and Zoning Board's recommendation the City Council shall, at a duly noticed public hearing review and consider the Planning and Zoning Board's recommendation and shall either approve or deny the proposed lot split. Any approval of a lot split shall be by resolution of the City Council fa Before any lot split is recommended for ap rop val by the Planning and Zoning Board or approved by the City Council, the applicant must demonstrate and the Planning and Zoning Board or City Council must find that the posed lot split meets the following criteria: The proposed lot split is in compliance with the provisions of this Chapter and applicable law. The application is consistent with the City's comprehensive plan (3) The application does not create any lots tracts of land or developments that do not conform to the City Code. The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements special notice for residential lot splits Any proposed lot split of a residentially cv.nauA�property yshyuull require special notice be provided to QUiacelt pr opelaly owners VnerJ dt leas t fourteen (14) days prior to the Planning and Zoning Board hearing on the proposed residential lot split. Said notices shall be provided by regular mail to adjacent pro ertv owners within 500 feet of the property subject to the lot split application and shall include the address and legal description of the subiect property and the date time and location of the Planning and Zoning Board hearing. Notices provided under this subsection are hereby deemed to be courtesy notices only and the failure to provide or receive said notices shall not be a basis of appealing any decision made under this section Applicants shall be solely responsible for the cost of the notices required by this subsection, 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 appropriate City of Cape Canaveral Ordinance No. _-2010 Page 17 of 19 DRAFT January 22, 2010 City maps and documents. 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. 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 , 2010. ATTEST: ANGELA APPERSOIN, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY R_ANDELS; Mayor For Approved as to legal form and sufficiency for the- Cty of ta e — _ —. Bob Ho og Buzz Petsos Rocky Randels C. Shannon Rnherts Betty Walsh City of Cape Canaveral Ordinance No. _-2010 Page 18 of 19 Against DRAFT January 22, 2010 ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. _-201 C Page 19 of 19