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HomeMy WebLinkAbout2003 Jan - Dec MinutesPLANNING & ZONING BOARD MEETING MINUTES NOVEMBER 12, 2003 A Regular Meeting of the Planning & Zoning Board was held on November 12, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Member Leo Nicholas called the meeting to order at 7:37 p.m. The Secretary called the roll. MEMBERS PRESENT Leo Nicholas John Fredrickson Andrea Shea -King MEMBERS ABSENT Bea McNeely Lamar Russell Walter Schoenfeld Dennis Jenkins OTHERS PRESENT Susan Chapman Todd Peetz Jeff Buak NEW BUSINESS: Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Board Secretary City Planner Assistant City Attorney 1. Approval of Meeting Minutes: October 22, 2003 Motion by Mr. Fredrickson, seconded by Ms. Shea -King to approve the meeting minutes of October 22, 2003, as submitted. Vote on the motion carried unanimously. 2. Review and Motion Re: Site Plan Approval of Marie Ann Villas - Norman Boucher, Applicant. The Board members reviewed the submitted site plan. Todd Peetz, City Planner, gave an overview of the project which consisted of fourteen one-story townhouse units. He pointed out that the Public Works Director had requested that the trees the City planted be relocated if they need to be removed. Mr. Nicholas advised that a special exception had been granted for this property to be developed as residential. Mr. Peetz verified that the conditions of that approval were satisfied. Motion by Mr. Fredrickson, seconded by Ms. Shea -King to approve the site plan for Marie Ann Villas with the condition that the City trees that were planted be relocated. Vote on the motion, as amended, carried unanimously. Community Appearance Board Meeting Minutes November 12, 2003 Page 2 3. Recommendation to City Council Re: Request to Vacate a 80-105 ft Easement (Unimproved Ridgewood Avenue, Harbor Heights) - Tony Hernandez III Applicant. Mr. Hernandez, applicant gave an overview of the request to vacate the easement. He explained that the property was being maintained by the property owners. He advised that the property is an eyesore, an attractive nuisance, there are constant problems with vagrants, the maintenance of the property is a continuous burden, and the city would benefit by this property being placed on the tax rolls. The Board members reviewed the reports from City staff. Mr. Hernandez agreed with the conditions of the public works director with the change that the emergency access easement be changed to 20 ft. a required by the fire department. John Cunningham, Assistant Fire Chief, verified that 20 ft. access was acceptable. He advised that Villages of Seaport will install brick pavers for the access, as per their approved site plan. Mr. Nicholas voiced his opinion that the City would not benefit by this request. Discussion followed. Motion by Ms. Shea -King, seconded by Mr. Fredrickson to recommend approval to include the recommendations of the Public Works Director as follows: 1. The City will retain an emergency access easement to the Villages. 2. The subject easement shall include all city utilities and franchises. 3. The subject easement shall be 20 feet wide to align with he emergency access to the Villages of Seaport's 20 feet. 4. In addition, the easement shall allow for the required turning radius to meet fire equipment requirements. 5. The easement area shall be stabilized to meet fire equipment access requirements. 6. A survey of the easement, drawings, and legal description shall be provided to the city. 7. All costs shall be paid by the applicant. 8. The final easement agreement shall be approved by the Planning and Zoning Board and City Council before recording. Discussion followed. Mr. Nicholas advised that he would vote against the motion because the City would not benefit by granting this request. Vote on the motion carried by a (2) to (1) vote with members voting as follows: Mr. Fredrickson, for; Mr. Nicholas, against; Ms. Shea -King, for. 1 mina lb' cx Luinng Dualu Meeting Minutes November 12, 2003 Page 3 4. Recommendation to Board of Adjustment Re: Special Exception Request No. 03-04 to Allow Consumption of Alcoholic Beverages at a Restaurant and Poolside Bar, (Cape Caribe Resort, 1000 Shorewood Drive) - Kohn Bennett and Vickie Jurkovic, Petitioners. The Board members reviewed the submittal. Mr. Peetz gave an overview of the request. Mr. Kohn Bennett, Petitioner, explained that the only thing within 2,000 ft. from the restaurant is the Jetty Park camp store which sells beer and wine for off-site consumption. He noted that all other park facilities were beyond 300 ft. He noted that this use was planned from the onset of this project. The Board members reviewed the criteria worksheet to verify all requirements had been met with this request. Motion by Mr. Fredrickson, seconded by Ms. Shea -King to recommend approval of Special Exception Request 03-04 as requested. Vote on the motion carried unanimously. 5. Review and Recommendation to City Council Re: Single Family Structures on Non -Conforming Lots - Jeff Buak, Assistant Cily Attorney. Assistant City Attorney, Jeff Buak, explained that the Board directed the City Attorney to draft a proposed ordinance to allow single family structures on non -conforming lots. Mr. Buak gave an overview of the proposed ordinance. Following discussion the Board agreed that the word "depth" should be added to (a), (a) (2) and (b) (3) after the word "width". Motion by Mr. Fredrickson, seconded by Ms. Shea -King to recommend approval of the proposed ordinance and to include the word "depth". Vote on the motion carried unanimously. DISCUSSION 1. Discussion Re: Restricting A -typical Buildings - John Fredrickson Board Member. Mr. Fredrickson voiced concern regarding tent structures and pre -manufactured buildings being allowed in the City. He voiced his opinion that these types of structures should be discouraged and asked if the code could be amended to prohibit them in the future. Mr. Nicholas advised that the Community Appearance Board reviews the aesthetics of proposed buildings and landscaping before the site plan is presented to the Planning & Zoning Board. Discussion followed. The Board members concluded to direct the City Attorney to bring back proposed language to amend the code restricting these types of structures. Assistant City Attorney Buak concurred with the request. There being no further business for the Board to consider the meeting was adjourned at 9:12 p.m. Bea McNeely, Chairperson Susan L. Chapman, Board Secretary PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 22, 2003 A Regular Meeting of the Planning & Zoning Board was held on October 22, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson Leo Nicholas John Fredrickson Andrea Shea -King Walter Schoenfeld 1st Alternate MEMBERS ABSENT Dennis Jenkins 2nd Alternate OTHERS PRESENT Robert Hoog Councilman Nancy Hanson Recreation Director Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney NEW BUSINESS: 1. Approval of Meeting: Minutes October 8, 2003 Motion by Mr. Fredrickson, seconded by Ms. Shea -King to approve the meeting minutes of October 8, 2003, as written. Vote on the motion carried unanimously. 2. Review and Recommendation to Board of Adjustment Re: Special Exception No 03-03 to Allow Residential Use in the C-1 Zoning District - Stephen and Chelly Harkness Petitioners. Mr. Peetz, City Planner, testified that the applicant was requesting a special exception to construct a single family residence in the C-1 zoning district. He advised that this use would not impose any adverse impacts. Vice Chairperson Russell questioned why this application was scheduled on the agenda, since the request did not meet the minimum code requirements. Mr. Nicholas noted that this lot was surrounded by residential and was the last lot on the block to be developed. He advised that the Board should use logic and reasoning. Chairperson McNeely noted that single family homes have been constructed on non -conforming lots of record in the past. Planning & Zoning Board Meeting Minutes October 22, 2003 Page 2 Mr. and Mrs. Harkness, Applicants, testified that they purchased this lot a year ago; they have lived in the area for 10 years; they are motivated to build a home; and did not know that the lot was too small to build a single family until after they applied for the special exception and were informed by city staff that they could not fit a single family residence on the lot; the certified mailing to adjacent property owners cost over $800 to appear at this meeting; and they will sell the lot if the city does not allow them to build a single family. The Board members reviewed various code sections pertaining to non- conforming lots and the special exception application process. Discussion followed regarding delaying the recommendation until the city amended the code to allow single family residences on non -conforming lots. Motion by Mr. Russell, seconded by Mr. Nicholas to table this request until after the discussion of item #1 on the agenda. Vote on the motion carried unanimously. Following discussion of item #1 the Board requested that the City Attorney draft a proposed ordinance to allow single family residences on non -conforming lots for review at the next meeting. Motion by Mr. Russell, seconded by Mr. Nicholas to postpone recommendation of Special Exception Request No. 03-03 until January 14, 2004. Vote on the motion carried unanimously. 3. Review and Motion Re: Site Plan Approval of Majestic Bay Condominiums (N Atlantic Avenue, Just South of Wachovia Bank) - Dan Green Ocean Blue Development, Inc. Mr. Peetz, City Planner, advised that the development would consist of 29 condominium units on 2.89 acres; and the property is located just south of Wachovia Bank. Mr. Green distributed brochures of the project. He advised that there would be two separate home owners associations; he applied for a permit from St. Johns River Water Management District; and he would construct more condominiums if he purchases the adjacent property. The Board reviewed and held discussion regarding the submitted site plan. Discussion was held regarding traffic safety concerns at the intersection just North of this project. Mr. Green confirmed that the Department of Transportation has no concerns regarding property access. Motion by Mr. Russell, seconded by Mr. Fredrickson to approve the site plan of Majestic Bay Condominiums, as presented. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes October 22, 2003 Page 3 4. Review and Motion Re: Site Plan Approval of Portside Villas Condominiums (N. Atlantic Avenue, West of Villages of Seaport) - John Allen, Allen Engineering, Project Engineers. Mr. Peetz, City Planner, gave an overview of the proposed 120 unit condominium development. Discussion followed regarding traffic impact of the level -of -service standards. The Board members reviewed the site plan. Mr. Allen, project engineer, advised that this property was granted a special exception for residential use; the units consisted of two and three bedrooms; the electrical lines would be installed underground and the existing utility poles removed; a five ft. retention berm existed along the west end of the property; trees and landscape would be planted throughout the project. Brief discussion followed. Motion by Mr. Fredrickson, seconded by Mr. Russell to approve the site plan of Portside Villas Condominiums, as presented. Vote on the motion carried unanimously. 5. Review and Recommendation to City Council Re: Final Re -Plat Approval of Gabriel by the Sea, (Jackson Avenue) - James Houston and Joy Gabriel Property Owners. Mr. Peetz, City Planner, gave an overview of the final replat. He advised that staff had reviewed the replat and recommended approval. The Board members reviewed the final replat. Discussion followed. Motion by Mr. Russell, seconded by Mr. Fredrickson to recommend approval of the final replat, as submitted. Vote on the motion carried unanimously. 6. Review and Motion Re: Revised Site Plan Approval of Ocean Estates Condominiums, (Monroe Avenue) - John Allen, Allen Engineering, Project Engineers. Mr. Peetz, City Planner, gave an overview of the changes to the balconies. He advised that the balconies were reduced in size, requiring a revised site plan approval by the Board. He advised that city staff reviewed the revised site plan and recommended approval. The Board members reviewed the site plan. Mr. Allen, project engineer, advised that the original site plan showed the balconies coming to the property line. Discussion followed. Motion by Mr. Fredrickson, seconded by Mr. Russell to approve the revised site plan of Ocean Estates, as presented. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes October 22, 2003 Page 4 7. Review and Motion Re: Site Plan Approval of Manatee SanctuaKy Park, (Restrooms/Pavilion Building) - Nancy Hanson, Recreation Director, Stottler Stagg & Associates, Project Engineers. Mr. Peetz, City Planner, gave an overview of the project. Ms. Hanson, Recreation Director, advised that the building was located at Manatee Sanctuary Park, just south of Puerto Del Rio. Ms. Hanson provided a scaled down drawing -of the site plan for the Board members review. She advised that the City received a grant to construct the building; the building included a kitchen, restrooms and gazebo; there were no existing utilities located on the property; the city street department will maintain the amenities and property; and reclaimed water will be installed for irrigation. Mr. Peetz advised that Ivey, Harris and Walls had comments that were not addressed, but due to the time frame for approval, the City Manager requested that this site plan be approved by the Board with the condition that the comments be satisfactorily addressed prior to the issuance of the building permit. Brief discussion followed. Motion by Mr. Russell, seconded by Ms. Shea -King to approve the site plan for Manatee Sanctuary Park, restroom/kitchen/pavilion building with the condition that all engineer comments be addressed prior to permitting the project. Vote on the motion carried unanimously. There being no further business for the Board to consider the meeting was adjourned at 10:07 p.m. Bea McNeely, Chairperson Susan L. , Board Secretary PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 8, 2003 A Regular Meeting of the Planning & Zoning Board was held on October 8, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell Leo Nicholas John Fredrickson Walter Schoenfeld MEMBERS ABSENT Andrea Shea -King Dennis Jenkins OTHERS PRESENT Robert Hoog Susan Chapman Todd Peetz Jeff Buak NEW BUSINESS: Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Councilman Board Secretary City Planner Assistant City Attorney 1. Approval of Meeting: Minutes September 24, 2003 Motion by Mr. Fredrickson, seconded by Ms. McNeely to approve the meeting minutes of September 24, 2003, as submitted. Vote on the motion carried unanimously. 2. Motion Re: Site Plan Approval of Radisson Fabric Structure - David Menzel, P.E., Project Engineer. Mr. Peetz, City Planner, advised that the structure would be placed between the Convention Center and Fairvilla, located on 3.94 acres of vacant paved property; the structure was 10,900 sq. ft.; 109 parking spaces were provided, limiting seating to 330. Mr. Peetz noted that staff had reviewed the site plan and recommended approval. Brief discussion followed. Mr. Menzel, Project Engineer, clarified that the panel length was extended and inadvertainly missed on the calculations. He advised that the project exceed the parking requirements; the structure would be utilized for smaller functions than the Convention Center; green areas would be added throughout the parking lot; the structure was aluminum with insulated R-30 fire rated fabric walls; the structure was designed and engineered to be a permanent structure, including a permanent foundation. Mr. Baugher, Property Owner, advised that he would accept the 330 limited seating to have this site plan approved; there were no plans for additional fabric structures other than fabric canopied walkways. Brief discussion followed. Mr. Baugher verified that he would submit a revised site plan if addition seating was needed. Planning & Zoning Board Meering Minutes October 8, 2003 Page 2 Motion by Mr. Fredrickson, seconded by Mr. Nicholas to approve the site plan for the Radisson Fabric Structure, as presented. Vote on the motion carried unanimously. 3. Discussion Re: Minimum Lot Size for Single Family Residences in the R-2 Zoning District - Todd Peetz, City Planner. Mr. Peetz, City Planner, explained that the lot would allow multi -family, not single family; the non -conforming corner lot was 50 X 125. Mr. Peetz clarified the minimum lot size for single family in the R-2 zoning district. The Board members reviewed photographs of the property and surrounding properties. The property owners advised that the property was in a commercial zone surrounded by residential use. Discussion followed regarding non -conforming lots. Councilman Hoog, advised that he would support changing the non -conforming lot code to allow for single family residences. Discussion continued. Mr. Buak, Assistant City Attorney, advised that he would provide the Board with other municipalities codes for single family residences on non- conforming lots. There being no further business for the Board to consider the meeting was adjourned at 9:17 p.m. Bea McNeely, -Chairperson Susan apman, Board Secretary PLANNING & ZONING BOARD MEETING MINUTES SEPTEMBER 24, 2003 A Regular Meeting of the Planning & Zoning Board was held on September 24, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell Leo Nicholas John Fredrickson Andrea Shea -King Walter Schoenfeld MEMBERS ABSENT Dennis Jenkins OTHERS PRESENT Susan Chapman Todd Peetz Jeff Buak NEW BUSINESS: Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Board Secretary City Planner Assistant City Attorney 1. Approval of Meeting Minutes September 10, 2003 Motion by Mr. Nicholas, seconded by Mr. Schoenfeld to approve the meeting minutes of September 10, 2003, as submitted. Discussion followed regarding the recommendation to City Council regarding amending Chapter 110, Site Plan Procedures. Motion by Mr. Russell, seconded by Mr. Fredrickson to delete #3 of the reasons for recommending the proposed ordinance be denied because it was contradictory to the intent of the recommendation. Vote on the motion carried unanimously, as amended. 2. Review and Recommendation to City Council Re: Amending Section 110-171 Relating to Distance Separation Requirements for Establishments Serving Alcoholic Beverages from Churches, Schools and Playgrounds. Mr. Buak, Assistant City Attorney, outlined the proposed changes to Section 110-171, relating to distance separation requirements for establishments serving alcoholic beverages. He advised that the distance shall be measured as the shortest linear distance between the property line of the establishment which provides for the sale and consumption of alcoholic beverages and the property line of any church, school ground or playground. Brief discussion followed. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend approval to amend Section 110-171, as proposed. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes September 24, 2003 Page 2 3. Review and Recommendation to City Council Re: Amending Section 110-321, Relating to Beach End Parking. Mr. Peetz, City Planner, explained that the matrix was modified to retrofit the proposed ordinance. The Board members reviewed and held discussion regarding the proposed ordinance. Mr. Buak, Assistant City Attorney, advised that City Council had asked the Planning & Zoning Board to recommend an ordinance pertaining to beach end parking. Vice Chairperson Russell pointed -out that the way the proposed ordinance reads that it could be interpreted that the city admits imposing a hardship because an owner is entitled to ingress and egress of their property. Discussion continued. Motion by Mr. Fredrickson, seconded by Mr. Nicholas to recommend approval of the proposed ordinance. Motion carried by a (3) to (2) majority vote as follows: Mr. Fredrickson, for; Ms. McNeely, for; Mr. Nicholas, for; Mr. Russell, against; Ms. Shea -King, against. 4. Review and Recommendation to City Council Re: Amending Section 110-469. Relating to Visibility at Intersections. Mr. Buak, Assistant City Attorney, explained that the draft ordinance was prepared at the request of City Council for the P & Z Board's consideration. He advised that the proposed amendment would authorize the placement of traffic signs, utility poles, infrastructure, sidewalks and ground cover not exceeding one foot in height within the visibility triangle of corner lots. He advised that the proposed ordinance is far more restrictive than the current code because the current code only restricts the placement of structures in the space within the triangle between 2 1/2 and 10 feet above grade. He explained that the City may want to consider a less restrictive approach consistent with the current code. Chairperson McNeely noted that the City has planted trees along streets and within the visibility triangles. Discussion followed regarding tree canopies. The Board questioned how this ordinance would be enforced. Mr. Buak responded that it would be enforced through code enforcement. Chairperson McNeely advised that the proposed ordinance read that on a corner lot in any zoning district, nothing shall be erected or placed in the triangular area. Discussion followed regarding trees and ground cover. Chairperson McNeely voiced her opinion that trees should be allowed to be planted within the 25 ft. visibility triangle as long as they have a 10 ft. canopy. Motion by Mr. Fredrickson, seconded by Mr. Russell to recommend approval of the proposed ordinance to City Council with the recommendation that trees be allowed to be planted within the 25 ft. visibility triangle as long as the canopy is not lower than 10 ft. Discussion followed. Vote was as follows: Mr. Fredrickson, for; Ms. McNeely, for; Mr. Nicholas, against; Mr. Russell, against; Ms. Shea -King, against. Vote failed by a (3) to (2) vote. Discussion followed regarding chain link fences that are placed within the visibility triangle, trees and ground cover. Following discussion, the Board members agreed that open chain link and wire fences should be allowed; trees could be planted within the 25 ft. visibility triangle as long as the bottom of tree canopies are not lower than 10 ft.; and ground cover and shrubs should not exceed 2 1/2 ft. at or after planting. Planning & Zoning Board Meeting Minutes September 24, 2003 Page 3 Motion by Mr. Nicholas, seconded by Mr. Russell to recommend approval of the proposed ordinance with the recommended changes as previously discussed. Vote on the motion carried unanimously. Chairperson McNeely called for a five minute break at 8:55. The meeting was called back to order at 9:00. 5. Review and Recommendation to City Council Re: Establishing a Planned Unit Development (PUD) Zoning Category for Mixed Use Occupancy (Commercial and Residential) on a Minimum of 5 Acres. Assistant City Attorney, Jeff Buak, advised that City Council requested that the Planning & Zoning Board make recommendation to consider amending Section 110-436, in regards to the minimum size for a residential planned unit development (PUD), from ten acres to five acres; and allow mixed use occupancies within that PUD. He noted that the City Manager had advised City Council that the P & Z Board considered a request a few years ago but was not receptive to the idea. City Planner, Todd Peetz, pointed out to the Board members that there were very few 10 acre parcels remaining, however, there were still a lot of 5+ acre parcels left. He advised that the city would need to create a new zoning category for mixed-use occupancy, which would require a comprehensive plan use change, which would take approximately one-year to accomplish. Mr. Nicholas inquired if implementing this new proposed mixed-use would be beneficial to the city and if the Board was satisfied with what was developed now. Mr. John Gall advised that he was under contract to purchase a seven acre tract of land, zoned M-1, just south of Purcell's Carpet. Mr. Gall explained that he wanted to construct a mixed-use PUD, consisting of commercial uses with residential townhomes or duplexes, not above 40 ft. high, and landscaping conducive to the city landscape along AIA. Mr. Gall advised that the first 75 ft. of the property was zoned C-1 and to the east M-1. The Board held discussion and considered the following: the implications of a five acre PUD, parking, overall city goals, where a five acre PUD would be appropriate, no goals or objectives currently in the Comprehensive Plan encouraging mixed use occupancies, changes that would be required to the Comprehensive Plan, and the time it would take to change zoning classifications after the Comprehensive Plan is changed. Mr. Buak, Assistant City Attorney, offered to bring other municipalities standards that allow this type of use. Discussion followed regarding removal of allowing special exceptions for residential use in the C-1 zoning district. Chairperson McNeely noted that there have been a number of townhouse developments recently on long and narrow land that have no architectural variety. Discussion continued. Planning & Zoning Board Meeting Minutes September 24, 2003 Page 4 Following discussion, the Board agreed not to approach any PUD ordinance for the following reasons: The Comprehensive Plan does not provide for mixed use PUD. 2. The use is not consistent with the Goals, Objectives and Policies of the Comprehensive Plan and it would take a year minimum to change the Comprehensive Plan. 3. Mixed use occupancy would not be appropriate to the existing development of the city. 4. The benefit does not outweigh the workload for the Board and Building department that would be required. Motion by Mr. Russell, seconded by Mr. Nicholas to recommend not to approach any PUD ordinance at this time for the above stated reasons. Vote on the motion carried unanimously. b. Review and Recommendation to City Council Re: Amending Chanter 115 Relating to Vested Rights. The Board members reviewed the proposed ordinance. Assistant City Attorney, Jeff Buak, updated the Board on the proposed changes. The Board members questioned why the City Attorney did not change the definition of a structure to be consistent throughout the code, as requested by the Board at the previous meeting. Mr. Buak read a letter from the City Attorney in response to the definition of a structure. He clarified that the definition only applied specifically to this Chapter and the City Attorney was confident that he can strongly defend the definition. Discussion followed. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend approval of the proposed ordinance. Vote on the motion carried unanimously. There being no further business for the Board to consider the meeting was adjourned at 10:00 P.M. Bea McNeely, Chairperson Susan L. Chapman, board Secretary PLANNING & ZONING BOARD MEETING MINUTES SEPTEMBER 10, 2003 A Regular Meeting of the Planning & Zoning Board was held on September 10, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell Leo Nicholas John Fredrickson Walter Schoenfeld Dennis Jenkins MEMBERS ABSENT Andrea Shea -King OTHERS PRESENT Susan Chapman Todd Peetz Jeff Buak NEW BUSINESS: Chairperson Vice Chairperson Alternate Alternate Board Secretary City Planner Assistant City Attorney Approval of Meeting Minutes August 27 2003 Motion by Mr. Russell, seconded by Mr. Nicholas to approve the meeting minutes of August 27, 2003 as submitted. Vote on the motion carried unanimously. 2. Review and Recommendation to City Council Re: Amending Section 110-171 Relating to Distance Separation Requirements for Establishments Serving Alcoholic Beverages from Churches, Schools and Playgrounds - Anthony Garganese, Cijy Attorney. Assistant City Attorney, Jeff Buak, explained that City Council requested an ordinance amending Section 110-171 relating to the calculation of distance between such establishments and churches, schools and playgrounds. The Board members reviewed the proposed ordinance. Discussion followed regarding restaurants serving alcoholic beverages. Planning & Zoning Board Meeting Minutes September 10, 2003 Page 2 Mr. Buak outlined the proposed changes to the existing code. He advised that the City Council had directed the City Attorney to provide proposed ordinances only depicting the changes, not the entire code section(s) which are affected. Following discussion, the Board members agreed and recommended that the proposed ordinances include the existing code section(s) to assist in determining the affect the changes may have on the entire code section(s). Mr. Russell responded that he will speak with City Council to direct the City Attorney to include the entire code section when considering proposed changes. Mr. Buak advised that the ordinance clarifies the way the distance is measured. He advised that existing establishments serving beer, wine and alcohol are grandfathered from the proposed distance requirement as long as the use is not abandoned for over six months. Discussion continued. Motion by Mr. Russell, seconded by Mr. Nicholas to review the proposed ordinance after the City Attorney changes the ordinance, as previously discussed, and with clear language depicting how to measure the distance requirements from property lines, prior to the Board making recommendation to the City Council. Vote on the motion carried unanimously. 3. Review and Recommendation to City Council Re: Amending Chanter 94 Signs - Anthony GarQanese, City Attorney. Chairperson McNeely advised that the Board had asked for a summary of the proposed changes. The Board members reviewed and discussed the proposed ordinance. Mr. Russell commented that at the last meeting he requested that the intent of the ordinance change be implemented into the code. Mr. Russell advised that the changes could impact existing temporary banners and signs. He noted that the City Attorney should have done his homework before creating restrictions. He requested that the City Attorney present the Board with the entire code section that this ordinance may affect. He suggested that each type of sign should have its own code section and requirements for that specific sign. Following discussion, the Board requested that the entire sign code with the proposed changes be forwarded to the Board before recommendation to city council; the wording be separated into small and clarities sentences; and that public interest means a charitable, educational, religious, and special event of local, regional or national interest. Motion by Ms. McNeely, seconded by Mr. Nicholas to send the proposed ordinance back to staff to implement the recommended changes before further consideration by this Board making recommendation to City Council. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes September 10, 2003 Page 3 4. Continued Discussion Re: Beach End Parking - Todd Peetz. City Planner. Mr. Peetz, City Planner, advised the Board that in R-3 medium density residential districts, public beach end parking spaces should be preserved and maintained for the benefit of the residents of Cape Canaveral. He had prepared a draft: to amend Section 110-321, Public Beach End Parking Spaces for the Board's review and discussion. He suggested that development and redevelopment projects should avoid impacting existing public beach end parking by utilizing existing ingress and egress (driveways, alleys, and access easements) to access the property, whichever is most appropriate to avoid eliminating public beach end parking spaces. He further suggested that in cases where a variance (hardship) is granted by the Board of Adjustment and public beach end spaces are taken, maximum of two public parking spaces or 20 feet, development and redevelopment projects with multiple units, duplexes or greater number of units, shall be developed with one shared driveway access to minimize eliminating beach end parking spaces. Mr. Peetz clarified that two public parking spaces or 20 feet was the minimum requirement for emergency response vehicles. Discussion followed. Motion by Ms. McNeely, seconded by Mr. Russell to request the City Attorney and City Planner draft an ordinance amending Section 110-321 for further consideration by the Board. Vote on the motion carried unanimously. 5. Discussion Re: Amending Chapter 110 - Site Plan Procedures - Anthony Garganese. City Attorney. City Attorney Buak advised that this amendment to the site plan procedures would allow an applicant to appeal the P & Z Board's decision to the City Council before going to Circuit Court. Ms. McNeely spoke against the proposed ordinance. She advised that the City has a good code and a qualified staff to ensure the codes are met before consideration by the P & Z Board for approval. She noted that if the codes are challenged in Circuit Court then a judge can change the P & Z Board's decision. She noted that the City Council is political and that is why she is against this proposed ordinance. Discussion followed. Following discussion, the Board agreed that an appeal of the P & Z Board's decision should go to the Board of Adjustment because they deal with code requirements and not political influences. Discussion followed. Motion by Ms. McNeely, seconded by Mr. Fredrickson to recommend the proposed ordinance be denied for the following reasons: The Board has operated for the past 40 years and the Board did not determine a driving need to change the existing site plan procedures. 2. The City Council leans on the P & Z Board to do the homework, hold hearings, and obtain all facts before rendering decisions without political influence. Planning & Zoning Board Meeting Minutes September 10, 2003 Page 4 3. The Board agrees that there should be an appeal process to the Board of Adjustments. 4. The P & Z Board has the power to negotiate with developers because the developers have no other avenue than taking the issue to Circuit Court. Vote on the motion carried unanimously. There being no further business for the Board to consider the meeting was adjourned at 9:50 p.m. Bea McNeely, Chairperson Susan L. C apman, "Board Secretary PLANNING & ZONING BOARD MEETING MINUTES AUGUST 27, 2003 A Regular Meeting of the Planning & Zoning Board was held on August 27, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson Leo Nicholas John Fredrickson Andrea Shea -King Walter Schoenfeld Alternate Dennis Jenkins Alternate OTHERS PRESENT Susan Chapman Board Secretary Anthony Garganese City Attorney Todd Peetz City Planner All persons giving testimony were sworn in by Attorney Garganese. NEW BUSINESS: Approval of Meeting Minutes August 13, 2003 Motion by Mr. Russell, seconded by Ms. Shea -King to approve the meeting minutes of August 13, 2003 as submitted. Vote on the motion carried unanimously. Discussion followed regarding responsibilities for recording a resolution for a vacating an alleyway. Vice Chairperson Russell voiced his opinion that the City should do more for the property owners for the vacation of alleyway at the corner of Lincoln and Johnson Avenues. Mr. Nicholas voiced his opinion that the owners were in litigation and the City should not get involved in this civil matter. 2. Review and Motion Re: Final Replat of Johanson Townhomes, Section 23 Township 24 South, Range 37 East, Block 3, Replat of Lot 12 - John Johanson, Applicant. Mr. Peetz, City Planner, advised that staff reviewed the final replat and recommended approval. He noted that the driveway width needed to be changed to reflect that it is a minimum of 16 ft. in order to meet the city code requirement. Motion by Mr. Russell, seconded by Ms. Shea -King to recommend approval of Johanson Townhomes final replat with the condition that the driveways be shown as 16 ft. prior to being forwarded to City Council for approval. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes August 27, 2003 Page 2 3. Review and Motion Re: Site Plan Approval of Tech Vest Phase X - Tech Vest, Inc., Applicant. Mr. Peetz, City Planner, gave an overview of the property. He advised that the property is located directly east of Solana on the River and was zoned C-2. The Board members reviewed a colored schematic of the proposed building. Mr. James Morris, Applicant advised that the building would be used for offices, light manufacturing and wholesale. He advised that the site was south of American Boom and Barrier; the building will be located approximately 300 ft. from Center Street; Tech Vest owns a perpetual easement used as a service road for property access; the building was a prefabricated steel building and 30 ft. high; and it had a brick facade. Discussion followed. Motion by Mr. Nicholas, seconded by Ms. Shea -King to approve the site plan for Tech Vest Phase X as presented. Vote on the motion carried unanimously. 4. Review and Motion Re: Site Plan Approval of Perlas Del Mar - Allen Engineering, Project Engineer, Applicant. Mr. Peetz, City Planner, gave an overview of the development. The project included 40 units on 5 acres of property. He advised that the granted special exception was limited to 40 units. Mr. Allen, Project Engineer, advised that the Traffic Concurrency was already approved and St. Johns River Water Management District issued a permit for the project. The Board members reviewed the site plan. Mr. Russell stated that the traffic on N. Atlantic Avenue was congested during peak hours. Mr. Peetz advised that this project would not affect the existing Level -of -Service Standard for roadway traffic capacity. Discussion continued regarding traffic congestion on N. Atlantic Avenue. Mr. Nicholas suggested that the developer plant Oak trees along N. Atlantic Avenue. The Board members reviewed the submitted landscape plan. Mr. Allen pointed out that the property along N. Atlantic Avenue would be heavily landscaped. Brief discussion followed. Motion by Ms. Shea -King, seconded by Mr. Fredrickson to approve the site plan for Perlas Del Mar with the request that the developer plant Oak trees along N. Atlantic Avenue. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes August 27, 2003 Page 3 5. Review and Motion Re: Revised Site Plan Approval of Cape Caribe - Allen Engineering, Project Engineer, Applicant. Mr. Maath Bennett, developer, outlined the proposed revisions to the approved site plan. He advised that the revisions included: adding a concrete walkway for a golf cart path; revision to the front entrance of Building One to reflect a nine hole putt -putt golf course; added a driveway connect for better traffic flow for delivery vehicles and removal of nine parking spaces, 163 were required and 242 are provided; removal of the boardwalk and gazebo at the existing three acre lake; removal of a gazebo to maintain a more natural buffer from the parking area; revision to the north fence from 6 ft. to 5 ft.; revision to the north dune crossover to connect to the south dune crossover. Mr. Bennett noted that there would be only one public dune crossover and the exact location for the dune crossover connection is based upon Department of Natural Resources. The Board members reviewed the revised site plan. Discussion followed regarding the location of the dune crossover and the Board agreed that the crossover should be on the north end of the property. Mr. Bennett advised that the distance of the crossover was approximately 180 ft. and Benko Construction had a permit for only one dune crossover. He advised that he was verbally denied a 2nd permit. Mr. Bennett described the water park. Discussion followed. Motion by Mr. Fredrickson, seconded by Ms. Shea -King to approve the revised site plan of Cape Caribe. Vote on the motion carried unanimously. 6. Review and Motion Re: Site Plan Approval of Puerto Del Rio, Phase III - Stottler Stagg & Associates, Inc., Project Engineer, Applicant. Mr. Peetz gave an overview of the proposed project and advised that the property was located on the north side of Central Boulevard adjacent to the existing Puerto Del Rio project. The Board members reviewed the submitted site plan. Mr. Nicholas pointed out that this project may bring the sewer treatment plant to its capacity. The Board suggested that the city inventory the overall existing utilities throughout the city and would discuss same at a forthcoming meeting. Motion by Mr. Russell, seconded by Mr. Fredrickson to approve the site plan of Puerto Del Rio, Phase III. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes August 27, 2003 Page 4 7. Review and Recommendation to City Council Re: Proposed Ordinance Pertaining to Vested Rights. City Attorney Garganese explained that his office and City Council recommended a procedure establishing vested rights on any development that previously had an approved site plan. Attorney Garganese outlined the contents of the proposed ordinance amending Chapter 110, Article X, Vested Rights. Discussion followed. The Board pointed out that the definition of a structure should be consistently the same throughout the code and this proposed ordinance should be a separate chapter in the city code. Attorney Garganese responded that the definition of a structure in the ordinance only pertains to this specific Chapter on vested rights. Mr. Russell voiced his opinion that this code could allow someone to build a portable structure in a setback and allow vested rights for that structure. City Attorney Garganese responded that this code does not allow for someone to construct any structure that does not meet code requirements and has not been issued a building permit. Mr. Nicholas pointed out that vested rights was at the discretion of administration and not the Planning & Zoning Board. Mr. Russell stated for the record that it is not sound advise that you have different definitions for one of the most important definitions throughout the code. Motion by Mr. Nicholas, seconded by Ms. Shea -King to recommend that this ordinance be a separate chapter of the city code because the Planning & Zoning Board does not rule on this issue. Discussion followed regarding the definition of a structure in the proposed ordinance being conflicting and inconsistent with the city code. Vote on the motion was as follows: Ms. McNeely, for; Mr. Russell, against; Mr. Nicholas, for; Ms. Shea -King, against; Mr. Fredrickson, against. Motion failed by a 2 to 3 vote. Chairperson McNeely polled the Board members to continue the meeting passed 10:00 p.m. The Board unanimously agreed to adjourn the meeting and postpone the remainder of the agenda items until the next meeting. 8. Review and Recommendation to City Council Re: Amending Section 110-171, Relating to Distance Separation Requirements for Establishments Serving Alcoholic Beverages from Churches, Schools and Playgrounds - Anthony Garganese, City Attorney. Postponed until the next scheduled meeting. Planning & Zoning Board Meeting Minutes August 27, 2003 Page 5 OLD BUSINESS 1. Review and Recommendation to City Council Re: Amending Chapter 94, Signs - Anthony Garganese, City Attorney. Postponed until the next scheduled meeting. DISCUSSION 1. Continued Discussion Re: Beach End Parking - Todd Peetz, City Planner. Postponed until the next scheduled meeting. 2. Discussion Re: Amending Chapter 110 - Site Plan Procedures - Anthony Garsanese, City Attorney_ Postponed until the next scheduled meeting. There being no further business for the Board to consider the meeting was adjourned at 10:00 P.M. L Susan L. Chapman, Board Secretary i Bea McNeely, Chairperson ,� PLANNING & ZONING BOARD MEETING MINUTES AUGUST 13, 2003 A Regular Meeting of the Planning & Zoning Board was held on August 13, 2003 at the City Hall Annex, 1 I I Polk Avenue, Cape Canaveral, Florida. Chairperson McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell Leo Nicholas John Fredrickson Andrea Shea -King Walter Schoenfeld MEMBERS ABSENT Dennis Jenkins OTHERS PRESENT Susan Chapman Anthony Garganese Todd Peetz Marilyn Rigerman NEW BUSINESS: Chairperson Vice Chairperson Alternate Alternate Board Secretary City Attorney City Planner Board of Adjustments Chairperson 1. Approval of Meeting Minutes July 9, 2003 Motion by Mr. Russell, seconded by Ms. McNeely to approve the meeting minutes of July 9, 2003. The Board members commended the Board Secretary for the thoroughness and clarity of the meeting minutes. Vote on the motion carried unanimously. 2. Review and Motion Re: Preliminary Replat of Marie Ann Villas - Norm Boucher, Applicant. Todd Peetz, City Planner gave an overview of the request. He advised that the property was zoned C-1 with a granted special exception to construct 14 townhouse units. Mr. Peetz noted that the property was mostly surrounded by existing residential. Mr. Boucher advised that he was proposing to construct 14 townhouse units. The units would be single story townhomes with approximately 1,400 square feet of living space and a garage. Andrea -Shea King questioned why the units were single story. Marilyn Rigerman, Chairperson of the Board of Adjustments responded that the Board had granted what Mr. Boucher had requested and presented to the Board. Planning & Zoning Board Meeting Minutes August 13, 2003 Page 2 Motion by Mr. Russell, seconded by Ms. Shea -King to approve the Preliminary Replat of Marie Ann Villas. Vote on the motion carried unanimously. OLD BUSINESS Review and Recommendation to City Council Re: Vacation of Alleyway Renuest at the Corner of Lincoln and Johnson Avenues. Walter Schoenfeld announced that he would abstain from discussion and voting due to a conflict of interest. Vice Chairperson Russell asked if the City Attorney could provide the Board members with a copy of the Florida Statute pertaining to voting conflicts. Attorney Hedman, attorney representing Mr. and Mrs. Moriarty showed a map of the alleyway location. Discussion followed. Attorney Garganese clarified that the Board needed only to make recommendation of the resolution to City Council. Attorney Hedman presented a summary history of the petition to vacate the alleyway. Discussion followed. For the purpose of clarification Mr. Schoenfeld explained some of this alleyway's history. Attorney Hedman stated for the record that all adjacent property owners consented to the alleyway vacation. Mr. Vicodomini, owner of lot 11, stated that this request had to go through a lawsuit and he has been performing research of this property over the past five years. Mr. Vicodomini requested that the city maintain the alleyway and verified that there are utilities located within this alleyway. Mr. Nicholas advised that the vacation of this alleyway will alleviate the city from any interest in the alleyway. Attorney Garganese advised that once the Resolution is recorded, it will be part of the individual property owners deeds. Mrs. Vicodomini advised that Mr. Franklin, a former Building Official, told her that the vacated alleyway was never recorded. Donna Sheffler, Attorney representing Walter Schoenfeld requested that this resolution contain the other resolutions that were not recorded as an exhibit to make part of the history. The Board members agreed with her request. Walter Schoenfeld noted that the city had issued him four building permits to build within the alleyway. Brief discussion followed. Attorney Garganese reiterated that the Board only needed to make recommendation of the Resolution to City Council. Motion by Mr. Nicholas, seconded by Ms. Shea -King that for the best interest of the city the Board recommends that the city abandon the alleyway. Vote on the motion carried unanimously. NEW BUSINESS - CONTINUED 1. Review and Recommendation to City Council Re: Amending Chapter 94, Signs. City Attorney Garganese gave an overview of the proposed changes. He explained that the provisions in the existing code pertaining to political signs were unconstitutional. The Board members reviewed the proposed ordinance. Following discussion, the Board requested that the City Attorney provide a summary of the proposed changes prior to the Board making a recommendation. Planning & Zoning Board Meeting Minutes August 13, 2003 Page 3 2. Review and Recommendation to City Council Re: Amending Section 66-39, Vacation of Rights of Way. Attorney Garganese explained that this amendment permits the City to vacate alleyways by resolution rather than by ordinance. Brief discussion followed. Motion by Mr. Russell, seconded by Ms. Shea -King to recommend approval to City Council. Vote on the motion carried unanimously. DISCUSSION 1. Discussion Re: Beach End Parking. Todd Peetz, City Planner gave an overview of the discussion from the previous meetings regarding beach end parking. He presented a graph of the existing beach end parking spaces and total for each street. He suggested that the City may want to mitigate with developers to relocate spaces elsewhere. The Board members held a lengthy discussion and concluded that they needed direction from City Council for further consideration of this agenda item. There being no further business for the Board to consider the meeting was adjourned at 10:00 P.M. _zi� a - [' M'Q&rV' Susan L. Chapman, Board Secretary Bea McNeely, Chairperson PLANNING & ZONING BOARD MEETING MINUTES JUNE 25, 2003 A Regular Meeting of the Planning & Zoning Board was held on June 25, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson Leo Nicholas John Fredrickson Andrea Shea -King MEMBERS ABSENT Dennis Jenkins Alternate Walter Schoenfeld Alternate OTHERS PRESENT Susan Chapman Board Secretary Anthony Garganese City Attorney Todd Peetz City Planner DISCUSSION 1. Discussion Re: Beach End Parking Mr. Todd Peetz, City Planner advised that at the Board's request, he inventoried the existing beach end parking spaces throughout the city and gave an overview of his findings. The Board members reviewed and discussed Mr. Peetz's inventory results and the Comprehensive Plan, Coastal Management Element, Objective CM -9. Discussion was held regarding vacating alleyways for accessibility; public thoroughfares and streets; hardships; platted non -conforming lots; and beach end parking availability. Mr. John Allen, project engineer for Ocean Estates, advised that in order to meet the requirements of the fire department, the project was short one space and he was only asking the city for one beach end parking space to meet the minimum parking requirements. He advised that he would re -stripe the existing beach end parking spaces if the city granted the request. City Manager Boucher advised that the City Council was concerned that granting this request would not protect and preserve beach end parking for its citizens. Mr. Allen advised that he submitted the site plan for this project over a year ago and would like to get on with this project. City Manager Boucher asked if the Board would agenda the approval of the site plan at the next meeting. City Planner Peetz advised that there were a few other minor issues that needed to be addressed with staff before making recommendation for approval to the Board. Planning & Zoning Board Meeting Minutes June 25, 2003 Page 2 Assistant City Attorney Buak advised that the City Attorney was working on a legal opinion to clarify the requirements for beach end parking. He noted that the opinion would be ready for the next Board meeting. Mr. Russell noted that if the legal opinion supports the ordinance then the space is going to be utilized by the developer. Chairperson McNeely advised that the Board did not want anything scheduled on the agenda for the Board's consideration until all issues are resolved. 2. Discussion Re: Gross Square Footage and Parking Requirements Mr. Todd Peetz, City Planner asked for the Board's interpretation regarding atriums being calculated as part of the overall square footage in a commercial building. He explained that the number of parking requirements for commercial buildings was based on total square footage. He advised that open atriums on multi -story buildings are included in the overall square footage and considered unusable space. The Board members reviewed Section 110-491 Number of Parking Spaces, paragraph (9) of the Code of Ordinances. Mr. Peetz advised that atriums create architectural diversity. There recently was a question regarding this issue. Following a brief discussion, the Board concluded that atriums were solely at the discretion of the project architect and developer and would need to comply with the city's parking requirements. The Board members did not want to discuss this agenda item any further. Discussion Re: Townhomes Lot Width and Lot Depth Mr. Todd Peetz, City Planner advised that this issue came up at a recent City Council meeting regarding townhouse developments on 50 ft. lots in the Avon by the Sea Subdivision. The Board members reviewed Section 110-372 (2)(3)(4), minimum floor areas and concluded to leave the code as it is written. There being no further business for the Board to consider the meeting was adjourned at 9:57 p.m. 91Bea McNeely, Chairperson Susan L. Chapman, Board Secretary PLANNING & ZONING BOARD MEETING MINUTES JULY 9, 2003 A Regular Meeting of the Planning & Zoning Board was held on July 9, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell Leo Nicholas John Fredrickson Walter Schoenfeld MEMBERS ABSENT Andrea Shea -King Dennis Jenkins OTHERS PRESENT Susan Chapman Jeff Buak Todd Peetz NEW BUSINESS: Chairperson Vice Chairperson Alternate Alternate Board Secretary Assistant City Attorney City Planner Approval of Meeting Minutes June 11, 2003 Motion by Mr. Nicholas, seconded by Mr. Russell to approve the meeting minutes of June 11, 2003. Discussion followed regarding clarification regarding beach end parking. Todd Peetz, City Planner clarified his definition of "mitigation". Assistant City Attorney Buak clarified that City Council did not want net loss of beach end parking spaces. Mr. Russell asked that the sentence be amended to change the word "mitigation" to "loosing" beach end parking on page 2, agenda item #3, 2nd sentence to clarify the minutes. Motion by Mr. Russell, seconded by Ms. McNeely to amend the minutes. Vote on the amendment carried unanimously. Vote on the main motion, as amended, carried unanimously. Planning & Zoning Board Meeting Minutes July 9, 2003 Page 2 2. Review and Motion Re: Ocean Estates Site Plan - John Allen, Allen Engineering, Project Engineer. Mr. Todd Peetz, City Planner gave an overview of the site plan checklist. The Board members reviewed the site plan and a portion of City Council meeting minutes regarding beach end parking. Following discussion regarding the City Council meeting minutes, the Board members agreed that the City Council had agreed to allow the developer to utilize one beach end parking space to meet the minimum requirements for parking. Mr. John Allen, project engineer, submitted the staff report from the fire department, which was not included in the Board's data packs. Mr. Peetz noted that the fire department did not have the staff report ready at the time the agenda was published. Assistant City Attorney, Jeff Buak advised that the City Attorney would write and record a Unity of Title that ties the two legal descriptions together as one at no cost to the applicant. Mr. John Allen, Project Engineer, voiced his opinion that some of the staff and City Council had felt like the Council did not want anything happening at the beach end, and that this request from the City Manager created a negative reaction from the neighboring property owner. Mr. Allen advised that he had been working on this site plan for over a year. He clarified that the City Council would accept the loss of one parking space to accommodate this site plan. Mr. Russell advised that if the Planning & Zoning Board approved this site plan, then they were actually approving a hardship created by the City without going through a variance process which could set a precedence for any property owner wishing to widen their entrance. Mr. Russell clarified that the Comprehensive Plan has priority and an ordinance must be passed to implement that planning. Mr. Nicholas pointed out that this project was very congested and noted that the alleyway could have been widened to accommodate the traffic flow for this project and therefore, he was not in favor of this developer taking the City's beach end parking to meet the parking requirements of their project. Mr. Allen responded that beach end parking spaces have been utilized on five different City streets. He voiced his opinion that this would minimize the impact to beach end parking. Mr. Allen offered to stripe more parking spaces on the beach ends at the request of City. Discussion was held regarding the construction control line. Mr. Allen noted that this project was tight but it was not maximized. Planning & Zoning Board Meeting Minutes July 9, 2003 Page 3 Motion by Mr. Fredrickson, seconded by Ms. McNeely to approve the site plan. Discussion followed. Motion by Ms. McNeely, seconded by Mr. Fredrickson to amend the main motion to include the stipulation that the City Attorney shall develop and record a Unity of Title. Vote on the amendment carried by a (3) to (2) vote with members voting as follows: Mr. Fredrickson, for; Ms. McNeely, for; Mr. Nicholas, against; Mr. Russell, against; Mr. Schoenfeld, for. Vote on the main motion, as amended, carried by a (3) to (2) vote with members voting as follows: Mr. Fredrickson, for; Ms. McNeely, for; Mr. Nicholas, against; Mr. Russell, against; Mr. Schoenfeld, for. 3. Review and Recommendation to City Council Re: Vacation of Alle�waY Reguest at the Corner of Lincoln and Johnson Avenues. Mr. Jeff Buak, Assistant City Attorney clarified for the Board that this agenda item was a quesi judicial matter. Chairperson McNeely advised that she received a copy of this agenda item yesterday. She stated for the record that this agenda item included 83 pages of documentation and a site plan. Discussion followed regarding the Board members not having sufficient notice and time to review the documentation. Mr. Russell notified staff and city attorney that the Board did not want last minute requests on their agenda. Assistant City Attorney Buak advised that the City Manager asked that this item be added to the agenda. Chairperson McNeely read a portion of the Board's adopted Policies and Procedures which stated that all items to be agended shall be brought to the attention of the Board Secretary at least one week before the scheduled meeting. Mr. Buak clarified that the Board is not required to add the item onto the agenda. Motion by Mr. Russell, seconded by Mr. Nicholas to add this item onto the agenda for discussion. Vote on the motion carried unanimously. Mr. Jason Hedman, Attorney representing the property owner apologized to the Board for the late notice of this agenda item. He noted that on May 29, 2002 the City Attorney was asked to process the request and he has waited a very long time to get this resolved. Mr. Hedman advised that every property owner along the alley has signed a consent for the approval for the alleyway vacation. Mr. Walter Schoenfeld advised that he was an adjacent property owner and would abstain from voting due to a conflict of interest. Mr. Hedman gave a history overview of the alleyway. He advised that everyone had assumed that this alleyway had been vacated several years ago, however, the City never recorded the Resolution. Discussion followed. Following discussion, the Board concluded to review the documentation and table this agenda item until the next meeting. Planning & Zoning Board Meeting Minutes July 9, 2003 Page 4 Chairperson McNeely called for a break at 9:00 p.m. The meeting was called back to Order at 9:07 p.m. DISCUSSION Discussion Re: Beach End Parking. Assistant City Attorney Buak apologized for not providing the documentation to the Board in a timely manner. He explained that under Section 110-493 and case law, that the Board has significant discretion when determining the acceptable number of access points onto public streets. He further explained that in general, the rights of landowners abutting a roadway are subordinate to the needs of government to improve the roads to meet the needs of the public. He advised that the Board should be aware that Florida recognizes that the right of access to one's property is a property right and a property owner has a right to be compensated through inverse condemnation when a substantial loss of access to one's property. He explained that the Florida Supreme Court has stated that a portion or even all of one's access to an abutting road is destroyed does not constitute a taking unless, when considered in light of the remaining access to the property, it can be said that the property owner's right of access was substantially diminished. The loss of the most convenient access is not compensable where other suitable access continues to exist. Discussion followed. The Board agreed that the city should look at widening the roads on a street by street basis to accommodate the widths of the parking spaces. The Board requested that the discussion on this agenda item be continued to the next meeting. There being no further business for the Board to consider the meeting was adjourned at 9:48 p.m. Bea McNeely, Chairperson Susan L. C aan, BoaM Secretary PLANNING & ZONING BOARD MEETING MINUTES JUNE 11, 2003 A Regular Meeting of the Planning & Zoning Board was held on June 11, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson Leo Nicholas John Fredrickson Andrea Shea -King Walter Schoenfeld Alternate MEMBERS ABSENT Dennis Jenkins Alternate OTHERSPRESENT Susan Chapman Board Secretary Anthony Garganese City Attorney Todd Peetz City Planner All persons giving testimony were sworn in by Anthony Garganese, City Attorney. 1. Motion Re: Approval of Meeting Minutes for May 28 2003 Motion by Mr. Russell, seconded by Mr. Nicholas to approve the Meeting Minutes of May 28, 2003, as presented. 2. Review and Recommendation to the Board of Adjustment Re: Special Exception Request No. 03-02 to Allow Residential Use in the C-1 Zoning District Section 14, Township 24 South, Range 37 East, Parcels A B & C (N Atlantic Avenue)- Allen Engineering_ Designated Agent. Planning & Zoning Board Meeting Minutes June 11, 2003 Page 2 Mr. Todd Peetz, City Planner, testified that this request was for a special exception to construct 120 residential units in the C-1 zoning district; the maximum number of dwelling units that could be permitted would be approximately 180 units; the subject property was currently undeveloped; the proposed entrance would match up with the Villages of Seaport on the east side on N. Atlantic Avenue; residential uses presently exist to the south and east of this property; the property to the west in industrial zoned and is cleared; the Canaveral River separates the property to the west; the north side is vacant C-1 and R-2; there are sufficient public services and facilities to accommodate the development without creating a deficiency; a traffic study will be required at the time of site plan review; the subject parcel is 12 + or - acres; there are no endangered species, historical or archaeological sites on the property; this proposal should not have an adverse impact on population projections; a landscaping plan will be required with this project and buffering from non-residential uses will be encouraged and required between residential and non-residential uses; and this request is consistent with he goals, objectives and policies of the Comprehensive Plan. Mr. Peetz noted that if the Special Exception is granted, it should run concurrently with the property. Mr. John Allen, project engineer, testified that a traffic study has been performed and this project has a minimal impact to the Level -of -Service. He advised that Villages of Seaport and Shorewood Drive will be installing turning lane and that this property would have a turning lane installed northbound. Mr. Allen explained that the request was to construct 120 unit, 2 -story condominiums. Mr. Allen advised that the developer would work with the City to install a bike path along the Canaveral River. The Board members reviewed the special exception application worksheet and verified that the request met the minimum requirements. Motion by Mr. Fredrickson, seconded by Mr. Russell to recommend approval of Special Exception Request No. 03-02, as presented. Motion by Mr. Nicholas, seconded by Mr. Russell to amend the motion to recommend approval with the condition that the Special Exception shall be limited to 120 units. Vote on the amendment carried unanimously. Vote on the main motion, as amended, carried unanimously. Review and Recommendation to City Council Re: Preservation of Beach Access/Parking - Todd Peetz, City Planner. The Board members held discussion regarding preservation of beach access parking. Mr. Todd Peetz, City Planner, advised that the City Council was not interested in � Joostr)c beach end parking. After a lengthy discussion, the Board could not determine if there was enough parking to mitigate. The Board determined to ask City staff to inventory the existing parking conditions. The Board agreed that the City should draft a regulation to enforce and preserve beach end parking. Chairperson McNeely advised that the number of parking spaces were inconsistent from street to street. She also pointed out that some of the parking spaces were striped at an angle and others straight. She noted that Cherie Down Park had 75 parking spaces, plus five handicap. Planning & Zoning Board Meeting Minutes June 11, 2003 Page 3 Discussion continued. By consensus, the Board members concluded to ask City staff to inventory the existing parking conditions and table this discussion item until the information was available for further discussion and consideration. 4. Review and Recommendation to City Council Re: Easement Agreement Between the City and Blarney 67 - Ed Gardulski, Director of Public Works. Mr. Todd Peetz, City Planner, advised that the Public Works Director was on military leave and had asked that he present the request. Mr. Peetz advised that the easement was for a sidewalk in front of the Fair Villa property along Astronaut Boulevard. City Attorney Garganese advised that the easement agreement was part of a settlement agreement between the property owner and the City. Brief discussion followed. Motion by Mr. Nicholas, seconded by Ms. Shea -King to recommend approval of the easement agreement between the City and Blarney 67. Vote on the motion carried unanimously. 5. Review and Recommendation to City Council Re: Amendinjz Section 110-171 Establishments Serving Alcoholic Beverages. City Attorney Garganese presented an overview of the proposed ordinance changes. He noted that the ordinance would be enforceable by the Board of Adjustments. Motion by Mr. Nicholas, seconded by Ms. Shea -King to recommend approval of the ordinance to amend Section 110-171. Vote on the motion carried unanimously. 6. Review and Recommendation to City Council Re: Amending Chapter 110 C-2 Zoning District, Height of Vegetation/Hedges/Fences. City Attorney Garganese advised that the City Council requested that the P & Z Board reconsider the changes because they were concerned regarding not imposing a height limitation on hedges. The Board members reviewed the proposed ordinance. Discussion followed. Councilman Hoog clarified that Council's concern was that some hedges that grow 12-14 ft. high looked obtrusive because the limbs at the bottom of the hedge were wilted or dead. Attorney Garganese gave an overview of the proposed code changes and advised that the new code would be enforceable by code enforcement for maintenance. Discussion followed. Chairperson McNeely pointed -out that hedges serve as a screen not a barrier like a fence. Following further discussion, the Board agreed to recommend approval of the proposed ordinance with the change that (b) (2) should read as follows: No hedge planted to satisfy the visual screening requirements of Section 110-566 of this code and located adjacent to a property boundary shall not exceed four (4) feet in height if within twenty-five (25) feet of any public right-of-way. Motion by Mr. Russell, seconded by Chairperson McNeely to recommend approval with the change in paragraph (b)(2) as previously stated. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes June 11, 2003 Page 4 Mr. Peetz, City Planner, advised that due to miscommunication between staff there was a request omitted from the agenda that needed to be considered. Mr. Peetz respectfully requested that the Board members consider an add-on agenda item. Motion by Mr. Russell, seconded by Mr. Nicholas to add an item onto the agenda. Vote on the motion carried unanimously. 7. Review and Recommendation to City Council Re: Easement Agreement from Albert Praetorius, Parcel No. 24 -37 -26 -CH -00000.0-0021.00 & 0022 00 The Board members reviewed the documents. Discussion was held regarding the location of the easement and verification of ownership. Motion by Mr. Nicholas, seconded by Ms. Shea -King to recommend approval of the easement agreement between Albert Praetorius and the City. Vote on the motion carried unanimously. There being no further business for the Board to consider the meeting was adjourned at 10:00 p.m. 1 YN ` . tik Susan L. C apman, Board Secretary ,_Bea cNeel , C airperson PLANNING & ZONING BOARD MEETING MINUTES MAY 28, 2003 A Regular Meeting of the Planning & Zoning Board was held on May 28, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell Leo Nicholas John Fredrickson Andrea Shea -King Walter Schoenfeld MEMBERS ABSENT Andrea Shea -King Dennis Jenkins OTHERS PRESENT Susan Chapman Jeff Buak Todd Peetz Chairperson Vice Chairperson Alternate Alternate Board Secretary Assistant City Attorney City Planner All persons giving testimony were sworn in by Jeff Buak, Assistant City Attorney. Mr. Buak clarified that site plans are considered quasi-judicial in the character of the proceedings and that recommendations of code amendments are considered legislative. Motion Re: Approval of Meeting Minutes for April 9, 2003. The Board members thanked and commended the Secretary for the thoroughness and clarity of the meeting minutes. Motion by Mr. Russell, seconded by Mr. Fredrickson to approve the Meeting Minutes of April 9, 2003, as presented. 2. Review and Motion Re: Solana on the River - Revised Site Plan Approval - Allen Engineering. Applicant. Todd Peetz, City Planner, explained that the site plan was initially approved in October, 2002 and minor changes were made based on requirements of other regulatory agencies. Planning & Zoning Board Meeting Minutes May 28, 2003 Page 2 John Allen, Project Engineer, explained that the developer acquired an additional track of land which changed the legal description and allowed the units to be larger; extensive permitting process with the Army Corp of Engineers and St. Johns River Water Management District was now in compliance. He noted that sidewalks would be installed along Center Street. Maath Bennett, representative for the developer, clarified that a solid wall would be installed along the southern boundary and a very thick dense buffer of vegetation including 6 ft. high Palms and Hibiscus would be planted along the eastern boundary abutting American Boom and Barrier. Maath Bennett, representing the developer, advised that he was trying to work with the City to improve and landscape Center Street. Mr. Bennett advised that the location of the existing overhead power lines along the southern boundary will be designated as an FPL utility easement and the electrical line that services this project and the existing trailer park would be reinstalled underground, as required by the city code. Motion by Mr. Russell, seconded by Mr. Fredrickson to approved the revised site plan of Solana on the River as presented. Vote on the motion carried unanimously. 3. Review and Recommendation to City Council Re: All Shores Townhomes, Phase I - Final Plat - James Morgan, Applicant. Todd Peetz, City Planner, advised that the Preliminary Plat for All Shores Townhomes, Phase I was approved by the Planning & Zoning Board in March, 2003. Since the final plat meets all requirements of the land development code staff has recommended approval. Jeff Buak, Assistant City Attorney, advised that the code requires the submittal and review of the Declaration of Covenants and proof of ownership in the form of a Title Commitment. Brief discussion followed. Motion by Mr. Russell, seconded by Mr. Nicholas, to recommend approval of the final plat of All Shores Townhomes, Phase I to City Council after the following conditions are met: The applicant shall provide the Declaration of Covenants and Title Commitment to city staff for review by the City Attorney prior to forwarding the recommendation to City Council. Vote on the motion carried unanimously. 4. Review and Recommendation to City Council Re: All Shores Townhomes, Phase II - Final Plat - James Morgan,Applicant. Todd Peetz, City Planner, advised that this final plat was for Phase II of the previous described project. Mr. Buak, Assistant City Attorney, reiterated that the requirements for this final plat were the same as the previous agenda item. Motion by Mr. Russell, seconded by Mr. Nicholas, to recommend approval of the final plat of All Shores Townhomes, Phase II to City Council after the following conditions are met: The applicant shall provide the Declaration of Covenants and Title Commitment to city staff for review by the City Attorney prior to forwarding the recommendation to City Council. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes May 28, 2003 Page 3 Mr. Nicholas distributed the Building department's quarterly report that showed the status of all the on-going projects throughout the City. Mr. Nicholas voiced his opinion that in addition to the Planning & Zoning Tech. being present at the meetings it would beneficial to the Board if the Building Official was in attendance at each meeting incase the Board had questions. He noted that it was in the Building Official's job description that he attend the meetings. Mr. Russell added that the Board needed all the help it can get from the city staff. The other Board members agreed and asked the Board Secretary to inform the City Manager and Building Official of their request. There being no further business for the Board to consider the meeting was adjourned at 8:20 p.m. Bea McNeely, Chairperson Susan L. Chapman, Board Secretary 4., , , ,„, 0 g fe, ÷-.-, .,.. , , \ , ... iti V14 4\4.2 , .%'.! il Mill Y, • , , ..iCity of Cape Canaveral App e_tpv- vs- i ...;,..0 _ ,_ ..,_ ' A ! Oivill", 4 11)..1 , 01 AO' OrAktletj ' vif PLANNING & ZONING BOARD AGENDA , :top . . ori 111 POLK AVENUE '� ' o' ` ►'�i '� MAY 28, 2003 ) At r '. 1t 7:30 P.M. 31 1 i Call to Order I ► ' 1 i t Roll Call �� �/ I 1 NEW BUSINESSj)p e 44 . Or tuI '• ' 1. Motion Re: Approval of Meeting Minutes April 9, 2003. , ,', j :c!), ) '�Review and Motion Re: Solana on the River - Revised Site Plan Approval •, 6- ► Allen Engineering, Applicant. I 1 Q,Y� c `I 4 1 oaf c;Itvi,, Review and Recommendation to City Council Re: All Shoresfrei .�Q , . • •4i �"�own omes, Phase I - Final Plat - James Morgan, Applicant. Or , ` I ilj a5tow . �� 'e and Recommendation to City Council Re: All Shores A' s Phase II - Final Plat - James Morgan, Applicant. 1/ r, lkiloTow home, A kti Cy'v 4.sip , ,1\. 1 .(.0t. esqlP"\v'e l Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a •-rson decides to appeal any decision made by the Planning and Zoning Board with respe• to any matter rendered at this meeting, that person will need a record of the proceeding- 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 ' Q may include the attendance of one or more members of the Cape Canaveral City • Council, Board of Adjustment, Code Enforcement and/or Community Appearance 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 868-1221, 48 hours in advance of the meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com PLANNING & ZONING BOARD MEETING MINUTES APRIL 9, 2003 A Regular Meeting of the Planning & Zoning Board was held on April 9, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Leo Nicholas John Fredrickson Andrea Shea -King Dennis Jenkins Alternate Walter Schoenfeld Alternate MEMBERS ABSENT Lamar Russell Vice Chairperson OTHERS PRESENT Susan Chapman Board Secretary Anthony Garganese City Attorney Todd Peetz City Planner All persons giving testimony were sworn in by City Attorney Garganese. Chairperson McNeely explained how the order of business would be conducted for this meeting. She advised that citizens in the audience would be allowed to speak for three minutes after being recognized by the Chairperson. NEW BUSINESS 1. Approval of Meeting Minutes: March 26, 2003. Motion by Mr. Fredrickson, seconded by Mr. Jenkins to approve the meeting minutes of March 26, 2003 as presented. Vote on the motion carried unanimously. 2. Review and Recommendation to City Council Re: Easement Agreement from Christ Lutheran Church of Cape Canaveral, Section 23, Township 24 South, Ranize 37 East. Parcel 282 - Ed Gardulski, Public Works Director. Public Works Director, Ed Gardulski explained that this easement agreement was not for 20 ft. but for 25 ft. to accommodate the church sign. This was also one of the final easements included in the Florida Department of Transportation grant program. Planning & Zoning Board Meeting Minutes April 9, 2003 Page 3 Motion by Mr. Schoenfeld, seconded by Mr. Fredrickson to recommend approval of the Easement Agreement from Christ Lutheran Church of Cape Canaveral. Vote on the motion carried unanimously. Review and Motion Re: Villa Tuscana Site Plan Approval - Allen Engineering, Applicant. City Planner, Todd Peetz advised that the property was located in the R-2 zoning district; the applicant was requesting to construct four units; the maximum number of dwelling units could be approximately 7 units; there is existing residential uses adjacent to the property north, south, east and west; the property fronts on Chandler Street and a portion of the rear property extends to Canaveral Beach Blvd.; the site plan met all required setbacks; this was a proposed four unit condominium with 12 parking spaces; the building coverage is 28.83%; living space is approximately 1,250 and 1,400 sq. ft., plus 200 sq. ft. per additional bedroom in the two middle units. Mr. Peetz further explained that N. Atlantic Avenue was currently operating at Level of Service "D" and this proposed project would generate two additional peak hour trips per day, which would not create a traffic deficiency. He added that staff reviewed the site plan and recommended approval. Discussion followed regarding whether or not the property needed to be replatted. Mr. Peetz advised that the property needs to be as one ownership and recorded as one owner. Mr. John Allen verified that the condominium association documents would need to be recorded; all utilities would be located underground as required by City code; the main access would be on Chandler Street; the units should consist of three bedrooms; the two end units would be one-story; and two middle units two-story. Mr. Allen verified that there are no plans to construct the remainder of Lot 2. The Board members reviewed the site plan. Brief discussion continued. Motion by Mr. Fredrickson, seconded by Mr. Jenkins to approve the site plan of Villa Toscana. Vote on the motion carried unanimously. 4. Review and Motion Re: Ocean Woods West Site Plan Approval - (Postponed at February 26th and March 26th meetings until this meeting. City Planner, Todd Peetz advised that the property was zoned C-1 with a granted special exception for R-2 use. He explained that the property consisted of 2.37 acres; 19 residential units were proposed; residential uses were located to the north, south, east and west of this property; the property was located between Ocean woods Blvd. and Harbor Drive, on the east side of N. Atlantic Ave.; the site plan meets all required setbacks; 57 parking spaces were provided; the building coverage was 22.62%; living area was between 1,499 sq. ft. and 1,547 sq. ft.; N. Atlantic Ave. is operating at Level -of -Service Standard "D"; this project would generate ten additional peak hour trips per day and would not create any traffic deficiency. The city staff reviewed the site plan and recommended approval. Planning & Zoning Board Meeting Minutes April 9, 2003 Page 4 Attorney Phillip Nohrr, with Grey, Harris & Robinson, representative for the applicant, requested that if any Board members had contact or discussion regarding this special exception with anyone outside the meeting to disclose exparte communication at this time. He further requested that if any board member had a conflict of interest to disclose that conflict at this time. Ms. Shea -King advised that she had a phone discussion with Mrs. LeBlanc from 8720 Seashell Lane who had called her to advise she was going to try to be at the meeting tonight. Attorney Nohrr advised that the site plan consisted of 19 townhouse units on 2.37 acres; the developer agreed to change the project name from Ocean Woods West to Canaveral Woods West; the developer could not meet the minimum requirements to access on N. Atlantic Avenue. Mr. Nohrr advised that the developer owns Ocean Woods Blvd. and voiced his opinion that the information the Board was requesting was normally entered into the record as disclosure items. Attorney Nohrr entered the following exhibits: Exhibit 1: Site Plan of Canaveral Woods West aka Ocean Woods West Exhibit 2: Special Exception #02-08, Board Order listing conditions of approval Exhibit 3: Description of Request provided by City Planner Exhibit 4: Letter from Ivey, Harris & Walls, Inc., dated March 25, 2003, advising that previous comments were satisfactorily addressed Exhibit 5: Letter from Brevard County, dated March 20, 2003, regarding request for access directly onto N. Atlantic Avenue Exhibit 6: Traffic Impact Analysis, dated December 2002 Patricia Tice, Licensed Professional Traffic Engineer, testified that this is the smallest job in her 32 year career as an engineer that she has been requested to explain the traffic impact to a Board. Ms. Tice explained the impact for safety hazards with additional main thorough fares. She advised that it is particle to reduce the number of driveways when possible; Brevard County is very firm on not adding driveways on congestive roadways; this proposed project would add 1% of the existing traffic on Ocean Woods Blvd.; traffic would increase if the property was developed as commercial. Discussion was held regarding other possibilities for traffic access. Andy Kirbach, Stottler Stagg & Associates, representing the property owner, advised that there is an existing median on Harbor drive directing traffic one-way and therefore, the access for this development could not be on Harbor Drive. Attorney Nohrr advised that the LeBlanc home was not an issue and the developer has no objection to plant a hedge and fence along the west side of the property. Attorney Nohrr summarized that this developer wants to be a good neighbor, they respectively agree that they meet all city code requirements, and there was no objective criteria for this Board to deny the approval of the site plan. John Fredrickson advised that he was pleased they changed the project name. He maintained that he was concerned with the maintenance of the road. He suggested that possibly a maintenance sharing agreement be created between all associations utilizing Ocean Woods Blvd. Planning & Zoning Board Meeting Minutes April 9, 2003 Page 5 Mr. Dunn, Board of Director of Ocean Woods Home Owners Assoc., voiced his concerns regarding the condition of the road. He advised that the road was not the Association's property and the Association would not pay to maintain the road. Mrs. LeBlanc, owner of 8800 Seashell Lane, advised that neighborhood were hanging - out and cutting through the property and she was concerned regarding their safety. She requested that the developer install a 6 ft. high fence on the west side in addition to the hedge to alleviate the safety concern. Mr. Serabia, resident of Harbor Heights, verified that the dumpster had been removed and individual can service would be used. He also verified that Sea Shell Lane and Harbor Drive would not be utilized for construction traffic. Mr. Emerson, resident of Ocean Woods, asked that the Board consider the petition signed by the residents of Ocean Woods for this development not to access from Ocean Woods Blvd. Mr. Howley, resident of Ocean Woods, voiced his concerns regarding traffic flow. He noted that that the traffic impact on N. Atlantic Avenue was the same no matter where the access was located. Mr. Mageant, resident of Ocean Woods, advised that in his 35 yrs. with the Army Corp of Engineers, he was involved with many facets of construction. He voiced his concern regarding the weight of the construction trucks damaging sub -standard road and questioned who was going to repair the road. He advised that the residents needed to be assured by this developer that the road would be maintained during construction. Attorney Knorr responded that if the developer breaks -it, they would fix -it and would work with the city to monitor the road during construction. Todd Peetz, City Planner, advised that repairs of the road would need to be repaired to city code. The road would be monitored and inspected by the city's Public Works Department. Attorney Knorr advised that case law stipulates shared responsibility for different ownership utilizing a private road. Mr. Hall, resident of Ocean Woods, voiced his concern that they have a street that is not large enough and not up to city standards. He voiced his concern with emergency vehicles accessing the residents in Ocean Woods during the construction. He advised that the Ocean Woods Homeowners Association has known since early October that they do not own the road. Ms. Worley, resident of Ocean Woods, noted that there will be a traffic problem when residents of Ocean Woods are waiting to turn onto N. Atlantic at the same time residents of this development are trying to access their property. Following audience comments, City Attorney Garganese explained that the law is clear. The applicant meets all the conditions of the code. The Board can place reasonable conditions on the approval including maintenance of the road before, during and after construction to the standards it is prior to construction. Discussion followed. Planning & Zoning Board Meeting Minutes April 9, 2003 Page 6 Motion by Mr. Fredrickson, seconded by Mr. Jenkins to approve the site plan of Canaveral Woods West with the following conditions: 1. The roadway shall be continuously maintained and repaired before, during and after construction to the standards that road is prior to beginning construction. The condition of the road shall be monitored by the city during construction. 2. A 6 ft. fence shall be installed along the west side of the property in addition to any other landscaping shown on the site plan abutting the LeBlanc property. Vote on the motion carried unanimously. Chairperson McNeely called for a five minute break. The meeting was called back to Order at 9:38 p.m. 5. Review and Recommendation to City Council Re: Proposed Ordinance Amending Chapter 90, Article 90, Article II, Flood Damage Preventions - Anthony Garganese. City Attorney. City Attorney Garganese explained that the Department of Community Affairs found a deficiency in the city code. The proposed ordinance defines the definition of lowest floor. Discussion followed. Motion by Ms. Shea -King, seconded by Ms. McNeely to recommend approval of the proposed ordinance. Vote on the motion carried unanimously. There being no further business for the Board t consider the meeting was adjourned at 9:50 p.m. ? c Bea McNeely, Chairperson Susan L. Chapman, Board Secretary g4 es; .) A,�' ilipCityof Cape Canaveral - r . ;;� p a' 44'1 i 0044/ t .14 C PLANNING & ZONING BOARD - AGENDA i 111 POLK AVENUE 1 l ' APRIL 9, 2003 7:30 P.M. ViSks61\ ' Call to Order ' Roll Call �� 2� 1 notitS1.9?‘ NEW BUSINESS `.,�\ 0104,VOtZt") 1. Motion Re: Approval of Meeting nutes•March 26, 2003. w2. Review and Recommendation to City Council Re: Easement Agreement from Christ Lutheran Church of Cape Canaveral, Section 23, Township 24 South, R- .Leu e 37 Ea t, Par -I 282 - Ed Gardulski, Public Works Director. - -.u.!!1_'111.k.l l to . • ..10.1 • view and Motion Re: Villa Tuscana Site Plan Approval - Allen ' b �cw ngineering, Applicant. 4/ , . eview and Motion Re: Ocean Woods Wes i e a pproval - v Ifilstuit a poned gat February26thand March 2 th mee ng until this meetin ) (\ l ft ' rnu►b rio*L o r 47 Rndruaa Vnan+u t. onLChoki road c - V n ecommendation to City Council R : Proposed Ordinance Amending Chapter 90, Article II, Flood Damag Preventions - Anthony CA Q Garganese, City Attorney. v ' 1 6D Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person d:cede ` to appeal any decision made by the Planning and Zoning Board with respect to any matte l rendered at this meeting, that person will need a record of the proceedings, and for such p rpose that person may need to ensure that a verbatim record of the proceedings is made, which re.ord includes the testimony and evidence upon which the appeal is to be based. This notice does 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 and/or Community Appearance 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 868-1221, 48 hours in advance of the meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX (321) 868-1247 www.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com PLANNING & ZONING BOARD MEETING MINUTES MARCH 26, 2003 A Regular Meeting of the Planning & Zoning Board was held on March 26, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely John Fredrickson Dennis Jenkins MEMBERS ABSENT Lamar Russell Leo Nicholas Andrea Shea -King Walter Schoenfeld OTHERS PRESENT Susan Chapman Jeffrey Buak Tom Myers Chairperson Alternate Vice Chairperson Alternate Board Secretary Assistant City Attorney Assistant City Planner All persons giving testimony were sworn in by Jeffrey Buak, Assistant City Attorney. Chairperson McNeely explained how the order of business would be conducted for this meeting. She advised that citizens in the audience would be allowed to speak for three minutes after being recognized by the Chairperson. NEW BUSINESS 1. Approval of MeetinL, Minutes: March 12. 2003. Motion by Mr. Jenkins, seconded by Mr. Fredrickson to approve the meeting minutes of March 12, 2003 as presented. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes March 26, 2003 Page 3 2. Review and Recommendation Re: Special Exception Request No 03-01 to Allow Residential Use in the C-1 Zoning District, Section 14, Township 24 South Range 37 East, Parcel A.1, Tutons Subdivision, (131 Oak Lane) - Suzanne Jamieson Life Estate, Owner; Donald Haynes, Designated Agent. Todd Peetz, City Planner advised that the property consisted of 3 +/- acres; zoning allowed for 45 townhouse units and only 21 townhouse units were proposed; the properties to the north, south and east were zoned C-1 and M-1 to the west; the property was located approximately 775 ft. west of N. Atlantic Avenue, between Circle K and Harbor Heights; he verified that the traffic impact for this project would allow N. Atlantic Avenue's Level -of -Service -Standard to remain at a level D by comparing this project with another proposed project on N. Atlantic Avenue traffic study; staff had reviewed the request and had no concerns other than the Fire dept. commenting that the turning radius needed to be a minimum of 50 ft., which would be reviewed during the site plan review process. (111Donald Haynes, Designated Agent, testified that he was requesting a special exception to construct a secured, gated, residential, townhouse community in the C-1 zoning district, with a total of 20 or 21 townhouse units, depending on the results of the 55 ft. turning radius required by the fire department; the properties to the east and north were constructed as residential; individual trash can service would be provided, not dumpster service; a thick buffering would be installed along Canaveral Creek future bike trail. This would be an upscale community similar to Ocean Gardens. He pointed -out other projects he had constructed throughout the city, over the past 20 years. Assistant City Attorney Buak verified that he was satisfied with the affidavit giving Mr. Haynes authority to act as the owners designated agent. The Board members reviewed the criteria worksheet, reviewed the sketch of a proposed site plan, and sample schematic of the proposed architecture . Brief discussion followed. Mr. Haynes explained that he planned to have the units staggered in a Key West style with tin roofs, although he would entertain building custom homes. Chairperson McNeely voiced her opinion that a condition of approval should be that no more than 21 townhomes be constructed. Various residents of the Ocean Gardens subdivision spoke in favor of this project. Chairperson McNeely voiced her concern regarding congestion on N. Atlantic Avenue and noted that Oak Lane is a city street. She asked Mr. Haynes if he would could upgrade the road to make it easier for pedestrians. Mr. Haynes responded that Oak Lane was a City road and the city should come to him to ask for help to upgrade their road. Motion by Mr. Fredrickson, seconded by Mr. Jenkins to recommend approval of Special Exception Request No. 03-01 with the condition that the special exception be limited to 21 townhouse units. Vote on the motion, as amended carried unanimously. Planning & Zoning Board Meeting Minutes March 26, 2003 Page 3 3. Review and Recommendation Re: Proposed Ordinance Amending Sections 110-1, Definitions; 110-470, Fences, Walls and Hedges; 110-566 Landscaping and Screening for Commercial and Industrial Zoning Districts; and 110-567 Interior Landscaping for Off -Street Parking Areas. Assistant City Attorney Buak explained that he prepared two proposed versions of the draft ordinance. Version I included the definition of compact vehicles with Version II removed the definition. Dennis Jenkins voiced his opinion that he preferred to have all parking spaces one consistent size. The other Board members agreed. Motion by Mr. Fredrickson, seconded by Mr. Jenkins to recommend approval of Version II as presented. Vote on the motion carried unanimously. OLD BUSINESS 1. Motion Re: Site Plan of Ocean Woods West (Postponed at February 26th meeting until this meeting). Chairperson McNeely advised that at the February 26th meeting, the Board postponed the Ocean Woods West site plan until this meeting for additional information. As per a staff report from Todd Peetz, City Planner, the applicant has provided additional information pertaining to ownership, traffic study and response to concerns raised at the February 26th meeting. The applicant was receiving feedback from the City's review team on their proposed changes. He further advised that the applicant made an additional change by relocating the pool which altered the drainage plan, which was the only outstanding issue remaining to be reviewed by city staff. He respectfully requested that the Board postpone any action on this site plan until the next scheduled meeting. Andy Kirback, owner representative advised that staffs comments were addressed and submitted to the city for final review. Motion by Mr. Jenkins, seconded by Chairperson McNeely to postpone this site plan until the next meeting. Vote on the motion carried unanimously. There being no further business for the Board to consider the meeting was adjourned at 8:35 p.m. f 1 Susan L. Chapman, Board Secretary Bea McNeely, Chairperson PLANNING & ZONING BOARD MEETING MINUTES MARCH 12, 2003 A Regular Meeting of the Planning & Zoning Board was held on March 12, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson Leo Nicholas John Fredrickson Walter Schoenfeld Alternate MEMBERS ABSENT Andrea Shea -King OTHERS PRESENT Bennett Boucher City Manager Edward Gardulski Public Works Director James Morgan Council Member Robert Hoog Council Member Susan Chapman Board Secretary Anthony Garganese City Attorney Tom Myers Assistant City Planner NEW BUSINESS Approval of Meeting Minutes: February 26, 2003. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to approve the meeting minutes of February 26, 2003 as presented. Vote on the motion carried unanimously. 2. Review and Motion Re: Recommendation to City Council to Approve an Easement Agreement from Jean Belle Jones Porter, Parcel 251. Section 26, Township 24 South. Range 37 East - Ed Gardulski, Public Works Director. Mr. Gardulski, Public Works Director, explained that the City was acquiring easements along AIA for landscaping and beautification of the city's main corridor. Mr. Gardulski clarified that this was a 20 ft. easement. Brief discussion followed. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend approval of this easement agreement to City Council. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes March 12, 2003 Page 2 3. Review and Motion Re: John Johanson Preliminary Re -Plat Block 3 Lot 12 Avon by the Sea Subdivision. (308 & 310 Adams Avenue) - John Johanson Applicant. Mr. Myers, Assistant City Planner, explained that staff reviewed the plat and found it consistent with the code. The Board members reviewed the plat. Mr. Nicholas commented that it was a shame that all the trees had been removed. Mr. Johanson advised that this was a preliminary plat for a two -unit townhouse which would be developed by his contractor Mr. Morgan. Motion by Mr. Russell, seconded by Mr. Schoenfeld to approve the Preliminary Re -Plat as submitted. Vote on the motion carried unanimously. 4. City Council Request that the Planning & Zoning Board Reconsider its February 12, 2003 Decision to Deny Vestine the Site Plan of Shores of Artesia - Phase II Chairperson McNeely explained the order of conduct and allowed citizens in the audience to speak for three minutes. City Attorney Garganese swore in all persons giving testimony. City Attorney Garganese gave an overview of the background information regarding the vested rights. He advised that based on his research he determined that Shores of Artesia, Phase II site plan approved by the Board in November, 1982 should be vested. He advised that the final plat was approved by the Board in 1984 and recorded. He explained the definition of equitable estoppel. He advised that the utilities were installed for Phase II. He noted that the city does not have a specific code for vesting of site plans. He noted that the fire department had verified that the site plan met the code requirement for turning radius. The Board members confirmed that the sidewalks, setbacks, and the structures would not conform to the current code. The Board questioned if a building permit was issued to install the utilities, in both phases of construction. The Board also questioned how this issue was raised and why this Board was being required to determine the vesting of the site plan and not the Building Official. City Attorney Garganese responded that in his opinion, the Board has been delegated the authority. Mr. Nicholas responded that the enforcement of the Code is the duty of the Building Official. Mr. Russell advised that as per the code, the developer could have requested a time extension for the site plan. He questioned if they had done so and if they had a building permit that was issued for the construction of Phase II. Mr. Fredrickson advised that he was of the opinion that the Planning & Zoning Board was an advisory board only and questioned why the City Council did not reverse the Board's decision. City Attorney Garganese responded that the City Council delegated the authority to the Board. Planning & Zoning Board Meeting Minutes March 12, 2003 Page 3 Attorney Clifton McClellan, representative for Sand in the Shoes, Inc. introduced his witnesses. Ms. Joyce Gumpher, project engineer, Allen Engineering, Inc. showed the Board a copy of the approved site plan, which she noted encompassed Phases I & H (Exhibit 1); copy of recorded Plat of Phase I, recorded in 1983 (Exhibit 2); copy of recorded Plat of Phase II, recorded on September 12, 1984 (Exhibit 3). Ms. Gumpher testified that the water, sewer and drainage was installed for both phases. She noted that the streets were not paved in Phase II. Ms. Gumpher advised that Phase II would loose six townhouse lots if the project was not vested. Mrs. Colette Cannon, President of Sand in the Shoes, Inc., testified that on June 23, 1983 a building permit was issued to construct Phase I; this was a unified development; she described expenditures after approval from the city; 40 units covered both phases; City of Cocoa had accepted the water system; Cape Canaveral had accepted the sewer system; she outlined and described the continued expenses for maintenance and removal of nuisance species, as requested by the city; she was paying liability insurance for Phase II; she outlined and explained the annual assessed taxes on the improved subdivision lots (Exhibit 4). Ms. Cannon further testified that she did not abandon the project, she did not continue to build Phase II because of economics which included high interest rates and financial hardship. Mr. Roger Smith, advised that he was planning on purchasing, building and developing the property with 19 townhomes, using the exact dimensions of the recorded plat, and per the approved site plan. He noted that he would pave the two small streets and then start constructing the buildings. He advised that Phase II consisted on 12.4 units per acre. He questioned why the Board did not want to approve this request. Chairperson McNeely advised that it did not meet the current standard zoning code requirements. She noted that the project needed to be approved by the Community Appearance Board prior to permitting. Discussion followed regarding equitable estoppel and if it had been established. Vice Chairperson Russell voiced his opinion that based on the presented evidence, the applicant has the right to continue the project because they have spent money to start the development, they have spent money to maintain the lots, have paid taxes on the individual lots, and due to financial burden they had stopped construction. Mr. Nicholas voiced his opinion that any permits that were issued for this development were expired; the decision for vesting this site plan should be a decision of the Building Official however, the City Attorney's opinion is that the Planning & Zoning Board has been authorized to make this determination whether or not this project is vested. Mr. Fredrickson commented that the City code should clarify who should make vested rights decisions, establish rational and time limits for vesting. Motion by Mr. Russell, seconded by Mr. Nicholas to approve the vesting for Shores of Artesia, Phase II based on the testimony, exhibits and evidence presented. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes March 12, 2003 Page 4 5. Review and Motion Re: All Shores Townhomes - Phase II. Preliminary Re -Plat, Block 2, Lot 13. Avon by the Sea Subdivision. (214 & 216 Adams Avenue)- James E. Morgan, Applicant. Mr. Myers, Assistant City Planner, advised that City staff had reviewed the Preliminary Re -Plat and recommended approval. Mr. Morgan, Applicant, advised that he was President of All Shores Construction; he depicted the setbacks and advised he would be starting construction very shortly. He noted that he would try to save as many trees as possible. Motion by Mr. Russell, seconded by Mr. Schoenfeld to approve the Preliminary Re -Plat as submitted. Vote on the motion carried unanimously. 6. Review and Motion Re: Sunrise Villas Townhomes Preliminary Plat Parcel 507 - James E. Morgan. Applicant. Mr. Myers, Assistant City Planner, advised that City staff had reviewed the Preliminary Plat and recommended approval. He noted that the property was surrounded by R-2 zoning and the property was directly South of Central Blvd. across from the Breakers Condominiums. Mr. Morgan, Applicant, advised that the lots were deep and oversized and noted that the property abutted the canal. Motion by Mr. Schoenfeld, seconded by Mr. Russell to approve the Preliminary Plat of Sunrise Villas Townhomes as presented. Vote on the motion carried unanimously. DISCUSSION Mr. Morgan explained that as a City Council Member he was working on amending the city code to clarify the process of preliminary and final plats. Mr. Boucher, City Manager, advised that there was a 240 hotel that will shortly be proposed just North of RaceTrac Gas Station in the M-1 zoning district which will require a zoning change and comprehensive plan amendment. He had suggested that they meet with the Planning & Zoning Board with a concept plan. Mr. Garganese, City Attorney, advised that he provided a draft of the proposed code changes suggested by the Board regarding requirements for vegetation which will be on the next meeting Agenda for recommendation to City Council. There being no further business for the Board to consider the meeting was adjourned at 9:52 p.m. L Bea McNeely, Chairperson Susan L. Chapman, Board Secretary f J ei. 4,N et aftre7;t1AL , . ' _..si. !Ei_ i .„..,v , -tn .', City of Cape Canaveral0/4cick-V1/44 ...k-..--...\- ---,4,-,-, ..,.: . :. a_....,: t ' , , lor'' (0'6 i t$CITY OF I V CAPE CANAVERAL ' �y PLANNING & ZONING BOARD �� .. t1 1:V. 4 �'A AGENDA (ie C ""0 �(D ;i)ri `.' 111 POLK AVENUE �t'� 5'. ' MARCH 12, 2003 V�' \ \1.'" 1 U 7:30 P.M. \'� � \� \.I �Call tor r �` KOrik �" ' 1\5 � Ode \Roll Call C, \•1', de NEW BUSINESS .,v ‘)\ Je 1 Motion Re: Approval of Meeting inutes February 26, 2003. G/ 'n 6./)/ Review and Motion Re: Recommendation to City Council to Approve an Ant\ 41., Easement Agreement from Jean Belle Jones Porter, Parcel 251, Section 26,Townshie 37 ast - Ed Gardulski. Public Works Director. Vt161- CIC 1 3. WReview and Motion Re: John Johanson Preliminary Re-Plat, Block 3, Lot 12, t0 '1* Avon by the Sea Subdivision. (308 & 310 Adams Avenue) - John Johanson, I fruN`1t•AppClicant." � 4 City ouncil Request t a - ', • ' oning Board Reconsider its February tt poi 12, ?, Decision to Deny Vesting the Site Plan of Shores of Artesia - Phase II. Review and Motion Re: All Shores Townhomes - Phase II Preliminary Re-Plat, .) ;;00i cti Block 2. Lot 13, Avon by the Sea Subdivision, (214 & 216 Adams Avenue) - ,i. ,James E. Morgan, Applicant. Ttoil'ite.Parcel Review and Motion Re: Sunrise Villas Townhomes Preliminary Plat, 507 - James E. Morgan. Applicant. • uant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter \(-A._..... rendered 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 6 ---. , constitute consent by the City for the introduction or admission into evidence of otherwise tv erinadmissible 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 and/or Community Appearance ./ 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 t City Clerk's office at 868-1221, 48 hours in advance of the meeting. Ve 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • FAX(321) 799-3170 • www.fcn.stace.fl.us/cape e-mail: ccapecanaveral@cfl.rr.com 3. PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 26, 2003 A Regular Meeting of the Planning & Zoning Board was held on February 26, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. MEMBERS PRESENT Bea McNeely Chairperson Leo Nicholas John Fredrickson Andrea Shea-King Walter Schoenfeld Alternate MEMBERS ABSENT Lamar Russell Vice Chairperson OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz Staff Representative Jeffrey Buak Assistant City Attorney NEW BUSINESS 1. Approval of Meeting Minutes: February 26, 2003. The Board complimented the Board Secretary on the meeting minutes. Motion by Mr. Fredrickson, seconded by Mr. Nicholas to approve the meeting minutes of February 12, 2003. Vote on the motion carried unanimously. Chairperson McNeely announced that the Business and Cultural Development Board will be hosting an art show at the Public Library on March 7th, between 5-8 p.m. and all members were invited. Chairperson McNeely explained how the order of business would be conducted at this meeting and limited audience speaking to three minutes. All persons giving testimony were sworn in by Attorney Buak. Planning & Zoning Board Meeting Minutes February 26, 2003 Page 2 Chairperson McNeely announced if the Board would entertain adding two items onto the Agenda. One item was a proposed ordinance regarding height of vegetation and the other was a proposed ordinance clarifying requirements for special exception requests. Motion by Mr. Fredrickson, seconded by Mr. Schoenfeld to add two items onto the Agenda. Vote on the motion carried unanimously. 2. Review and Motion Re: Site Plan Approval of Ocean Woods West- Paul Winter, Project Engineer. Mr. Peetz, City Planner, advised that this property had received a special exception to allow residential use; the special exception was limited to 19 units; staff reviewed the site plan and recommended approval. Ms. Holly Myers, Project Planner, gave an overview of the project details. She advised that the project has not changed since the special exception was approved. Ms. Myers entered exhibits which included proof of roadway ownership and a copy of the property title (Exhibits A&B). Mr. Fredrickson advised that the main issue of this entire project was the verification of the road ownership. Mr.Nicholas questioned if the conditions of the granted special exception had been met. Ms. Myers advised that she had met with the Ocean Woods Home Owners Association and provided them a copy of the site plan. She advised that there was no mention of a concern regarding the proposed name of this project by the Ocean Woods Home Owners Association at that time. Assistant City Attorney Buak briefly reviewed the entered exhibits and could not determine the validity of property ownership based on those exhibits. He advised that the name of the project was a civil matter. City Planner Peetz confirmed that parking could be provided within the 50 ft. setback, as depicted on the site plan. Chairperson McNeely questioned if a traffic study had been submitted. She advised that the Level of Service Standard in June, 2001 was at a level "D". Chairperson McNeely advised that there was no key provided on the submitted landscape plan to verify the types of vegetation proposed to be planted. Discussion followed regarding the proposed fencing around the pool area. Chairperson McNeely voiced her concern that if the proposed vegetation encroached on the sidewalk along Ocean Woods Boulevard it may be a potential hazard. Mr. Nicholas pointed-out that the survey provided by Ms. Myers at this meeting had a different boundary that what is shown on the submitted site plan. He questioned how the easement would be protected for the single family home on Sea Shell Lane. Ms. Myers responded that the easement is forever. Mr. Fredrickson advised that this developer was well aware that the residents of Ocean Woods did not want access for this proposed development on Ocean Woods Boulevard. He questioned if the developer had applied for permit for access directly on N. Atlantic Avenue. Ms. Myers responded that no permit has been applied for. Chairperson McNeely read the conditions of the granted special exception. She pointed out that one of the conditions was that the developer grant a 20 ft. easement to the City along N. Atlantic Avenue. The Board reviewed the site plan checklist with Ms. Myers and voiced concerns regarding ingress/egress traffic impact to all affected property owners. To: P&Z Board Members From: Susan Chapman, Secretary to the Board I amended the draft minutes to clarify what Mr. Sarabia's concerns were. Planning&Zoning Board Meeting Minutes February 26, 2003 Page 3 Joy Gillian, President for the developers association, advised that the units would consist of two bedrooms, two and one-half bathrooms, with a two car garage. She advised that there would not be any loading zones; boats and recreational vehicles were prohibited; and there would be a pump house to store the pool equipment. Richard Worley, resident of Ocean Woods, objected to naming this project Ocean Woods West because of ensuing confusion. He questioned who owned the road and voiced his concern regarding access on Ocean Woods Blvd., especially because the city engineer determined that the road was a sub-standard and questioned who would make repairs to the road after heavy equipment loads. Joe Sarabia, resident on Harbor Drive, voiced his concern regarding the dumpster location because it was located directly behind his property which could create problems with odor and rodents. Mr. Sarabia voiced his concern regarding pedestrian traffic cutting through Sea Shell Lane onto Harbor Drive to access the beach. He suggested that dense landscaping be planted to circumvent pedestrians from walking between the buildings to access Sea Shell Lane. Donald Hall, resident of Ocean Woods, questioned why the applicant did not apply for a permit for the access on N. Atlantic Avenue. He was also concerned with ingress/egress on Ocean Woods Blvd. He noted that if the sidewalk width was expanded, it would have to be factored into the land use plan. Rich Emerson, resident of Ocean Woods, asked if the developer would be willing to put ingress/egress on N. Atlantic Avenue or at least apply for a permit with the County to see if they would approve the access. Carol Hunter, resident of Ocean Woods, requested that a traffic study be done for Ocean Woods Blvd. to verify the existing impact. Wanda Cook, resident of Ocean Woods, requested that the entrance for this project be located directly on N. Atlantic Avenue. Jim Haley, resident of Ocean Woods, also requested that the entrance be located on N. Atlantic Avenue. The Board members reviewed the concerns that they wanted the developer to satisfactorily address as follows: Determine if access can be provided on N. Atlantic Ave.; verify location of the fire hydrants; properly define and identify the proposed vegetation on the landscape plan; provide floor plans, even though they are not a requirement; define curbing on the site plan; provide a traffic study; clearly identify on the site plan that the sidewalks will be 5 ft.; verify all easements and property boundaries; clarify the height of the fence around the pool area; show the pump house for the pool equipment on the site plan; and bring the roadway(Ocean Woods Blvd.) up to City standard. Motion by Mr. Nicholas, seconded by Ms. Shea-King to postpone any action on this agenda item until the March 26th meeting. Vote on the motion carried unanimously. Planning &Zoning Board Meeting Minutes February 26, 2003 Page 4 ADD-ON AGENDA ITEMS: 1. Discussion and Recommendation to City Council Re: Proposed Ordinance No. 03-2003 - Height of Vegetation. Assistant City Attorney Buak outlined the changes to the existing ordinance based on the Board's recommendation at the last meeting. Discussion was held regarding clarifying fencing requirements around pool areas and signage for "compact vehicle parking only" signs. City Planner Todd Peetz verified that the code does not define compact vehicles. The Board agreed that the width and length of parking spaces should be standardized, the ordinance needed to clarify what constitutes a permanent pool, and remove any reference to compact vehicle parking spaces. By consensus, Assistant City Attorney Buak will redraft the proposed ordinance and bring it back to the Board for reconsideration. 2. Discussion and Recommendation to City Council Re: Proposed Ordinance Amending Section 110-171, Establishments Serving Alcoholic Beverages. Assistant City Attorney Buak explained that this proposed code amendment clarifies that proof shall be provided of 51% of sales being from the sale of food during the annual occupational license renewal process. The proposed amendment also clarifies the scale for the floor plan required to be submitted with the request for special exception. Motion by Mr. Nicholas, seconded by Ms. Shea-King to recommend approval of the proposed ordinance to the City Council. Vote on the motion carried unanimously. There being no further business for the Board to consider the meeting was adjourned at 9:12 p.m. Bea McNeely, Chairperson Susan L. Chapman, Board Secretary MEMORANDUM TO: Todd Morley Interim Building Official FROM: Ed Gardulski Public Works Director DATE: February 27,2003 SUBJECT: Planning and Zoning Board Agenda Item for March 12,2003 Easement Agreement from Jean Belle Jones Porter Parcel NO: 24-37-26-00-00251.0-0000.00 Throughout the year,the City of Cape Canaveral is required to obtain easements for property owners to perform City projects. For example, the City is required to obtain an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line and landscaping to name a few. These easements are solicited by the City of Cape Canaveral and are in the City's best interest. According to Article I. IN GENERAL, Sec. 110-1, of the city code,Easement means a right-of-way granted for limited use of private property for a public or quasi-public purpose. Within Sec. 110-477 requires that"no purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board." The Cape Canaveral has had the good fortune of applying for and receiving $200,000 from the Florida Department of Transportation(FDOT)through their Local Agency Program (LAP). This money is earmarked for the landscaping beautification of Al A. In order for property owners to participate in this State Program and use public funds on private property,the City of Cape Canaveral and FDOT requires the execution of an Easement Agreement and a Donation of Property form to be executed. In compliance to the City of Cape Canaveral's Codes and FDOT LAP agreement,the attached is an easement agreement between the City of Cape Canaveral and Jean Belle Jones Porter. After review and recommendation from the Planning and Zoning Board, this Easement Agreement will be presented to the City Council and shall be recorded in public records after approval. Recommend the approval the Easement Agreement between the City of Cape Canaveral and Jean Belle Jones Porter. Attachment CC: File EASEMENT THIS INDENTURE made this 11-7 day of ,2003 by and between Jean Jones Porter,the County of Brevard, State of Florida,Grantor,and the City of Cape Canav 1,a Florida municipality whose Post Office address is 105 Polk Avenue,Cape Canaveral,Florida,32920,located in Brevard County,Florida,Grantee: WITNESSETH That for and in consideration of the sum of One Dollar($1.00)and other good and valuable considerations,receipt of which is hereby acknowledged,the Grantor hereby grants,sells and conveys unto the Grantee,its successors and assigns, an easement along,under,over and across certain real property located in Brevard County,Florida more particularly described on Exhibit"A" attached hereto(Servient Estate). The easement shall be described as that portion of the Servient Estate,20 feet in width running the length of the Servient Estate along the west right-of-way line of SR Al A. The purpose of the Easement granted herein is more specifically set forth as follows: 1. The perpetual right of the of the Grantee or its designee or franchisee to construct,install,maintain,repair and replace sidewalk,landscaping,trees,irrigation and lighting within the described Easement. 2. The perpetual right of the Grantee or its designee or franchisee to construct,install,operate,maintain,repair,replace and remove utility systems including potable water,sewer,reclaimed water,storm water drainage,lines or pipes,and other utilities such as electric,gas and communication lines,and the right to transmit and convey utilities through and under said property,together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. 3. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in paragraphs 1 and 2 hereinabove to serve the general public,and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. 4. Grantee and/or public utility designees and franchisees in constructing,maintaining,repairing,replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs,administrator,successors and assigns to operate and conduct its commercial business on said lands during normal business hours. 5. This easement shall be non-exclusive and subject to the right of Grantor and its heirs,successors,administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee,including but not limited to Grantor placing advertising signs and other items within the easement area and allowing Grantor and its customers,employees and others to lawfully cross said easement area in order to have vehicular and pedestrian ingress and egress to the FDOT State Road AlA and the lands of Grantor through the Easement area. TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns,together with the right to enter upon said lands and to construct and maintain public uses thereon,with all such fills,cuts,drains,pipelines,ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms,covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF,the Grantors have hereunto set their hands and seals on the day and year first above written. Signed in the presence of: Grantor "Il ,o 1, 41f. Ay • / STATE OF FLO' DA COUNTY OF BREVARD ON THIS DAY,personally appeared before me,the undersigned authority, 514-, _ e • o me person(s) well known to the be described in and who executed the foregoing easement,and they acknowledged before me that they executed the same freely and voluntarily and for the purpose expressed. IN WITNESS WHEREOF,I have hereunto set my hand and official seal in the State and County aforesaid this oci day of Fbrvu-ry,2003. OT� /(l/e iy✓ NBLIC, State of Florida at Large My Commission Expires:/0/3//�'`j 2 • • • EXHIBIT "A" TAX PARCEL 251 • kr DESCRIPTION: (Official Records Book 2967, Page 1848) The North 160 feet of Lot 1, Section 27, and the South 40 feet of Lot 3, Section 22, and the North 160 feet'of Lot 1, Section 26, and the South 40 feet of Lot 4, Section 23, lying West of State Road AlA; and lands described in 0.R. Book 2534, Page 1090; LESS AND EXCEPTING: 1. Lands described in O.R. Book 316, Page 172; 2. Lands described in 0.R. Book 2534, Page 1086; All in Township 24 S, Range 37 E. lhrpard 8y:Miebtlt Brenner LANDMARK TITLE.AGENCY,LC. 461 Eaa Mar1U Ave.,tot C Merritt(daad.Ft. inaamut o:the,scarce ors title irsunnoc poli:y. Pile Nurser 12-3671 Parcel IPM:24 37600 251 and 24 372600:85 Gra,tee()SS A*, WARRANTY DEED (INDIVIDUAL) This WARRANTY DEED,dated January 16,2003 by EDWiN T.LaCHA.NCE and BILLIE C.LaCHANCE,husband and wife and WILLIAM T.LaCHANCE and BONNIE L.LaCHA.NCR,husband and wife whose post office address is: 117 Cape.Shores Drive South,Cape Canaveral,FL 32920 and 101 Cape Shores Drive South,Cape Canaveral,FL 32920 hereinafter called the GRANTOR,to JEAN B.J.PORTER whose past office eddress is: 633.5 North Atlantic Avenue, rape Canaveral, FL 32 20 hereinafter called the GRAN"fEE: (Wherever used herein the terms 'Grantor" and "Grantee" include all parties to this instrument and the heirs, legal representatives and assigns of individuals,and the successors and assigns of corporations.) WITNESSETH: That the GRANTOR,for and in consideration of the sum of SJQ.Ct)aid other valuable considerations, receipt whereof is hereby a.knowledged, hereby grants, bargains, sells, aliens, remises. releases, conveys and confirms unto the GRANTEE,all that certain hand situate ill Brevard County,Florida,viz: The North 160 feet of Lot 1,Section 27 and the South 40 feet of Lot 3,Section 22 and the North 160 feet of Ltd 1, Section 26 and the South 40 feet of Lot 4,Section 23,tying West of State Road A1.A. SUBJECT TO covenants, conditions,restrictions, reservations, limitations,easerneets and agreements of record,if any; taxes and assessments for the year 2003 and subsequent years:and to all applicable zoning ordinances and%or restrictions arid prohibitions imposed by governmental authorities.if any. TOGETHER with all the tenements,hereditaments and appuntenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. AND THE GRANTOR hereby covenants with said GRANTEE that except as above noted, the GRANTOR is lawfully seized of said land in fee simple; that the GRANTOR has good right and lawful authority to sell and convey said land; that the GRANTOR hereby fully warrans the title to said land and '. ill defend the same against the.lawful claims of all persons sahomsoever. IN WITNESS WHEREOF,GRANTOR.has signed and sealed these presents the date set forth above. SIGNED IN THE PRESENCE OF THE FOLLOWING WITNESSES. `n fl 4U.�..�,t.G /e--,-seri-' -.�= rJ Signature:_ ari,V_--��— Print Name: Witness /'17 r�, i-e & ' "-••r EDWIN T.LaCH• NCE Pri naName: Yt 1!2 —.. ` r BILLIE C.LaCHANCE Print Name: Wien ss /„a-��7 L_.,!i�'+� -f VLILLIAAT.L ILaCHANCE lii - '..A- BONNIE L.LaCHANCE State of Florida County of Brevard THE FOREGOING INSTRUMENT was sworn and acknowledged before nye on January 16,2003 by: ( EDWIN T.LaCHANCE and BILLIE C.LaCHANCE,husband and wife and WILLIAM T.LaCHANCE and BONNIE L.LaCHANCE,husband and wife who is personally known to me or who has produced drivers license as identification. Signature: _____________— rJ Print Name e--4t,. MI[_ttI?LE SALUQC ) tilt, .r:n)tlMS31o.:e•OC9e01:-. L 4ovr-' Y-f.t='kP Atyt-t 310 �A"16 i`^T- t.,00.,y f,.e,,a!a__up,rl• Brevard County Property Appraiser-- Online Real Estate Property Card Page 1 of 3 74'4 (Home[[Meet Jim Ford][FAQ][General Info][Save Our Homes([Exemptions'[Contact Us[[Forms'.[Appeals' [Property Research'.[Map Search'[Maps&Data'[Unusable Property'.[Tax Authorities[f A hats New][Links'. General Parcel Information for 24-37-26-00-00251.0-0000.00 Parcel Id: 24-37-26-00-00251.0- Map Millage 26G0 Exemption: 1 Use Code: 819 0000.00 Code: _ * Site117 CAPE SHORES DR, CAPE CANAVERAL,FL 32920 Tax 2436768 Address: Account: *Site address assigned by the Brevard County Address Assignment Office for mailing purposes;may not reflect community location of property. Owner Information Legal Description Owner Name: LACHANCE, EDWIN T N 160 FT OF LOT 1 SEC 27 & S 40 FT LACHANCE,BILLIE C OF LOT 3 SEC 22 & S 40 FT OF LOT 4 Second Name: H/W SEC 23 W OF ST RD &N 160FT OF LOT 1 SEC 26 W OF ST RD & PT AS DES IN Third Name: ORB 2534 PG 1090 EXC DB 316 PG Mailing 117 CAPE SHORES DR 172,ORB 2534 PG 1086, Address: S City, State, CAPE CANAVERAL, Zipcode: FL 32920 Value Summary for 2002 Land Information ** Market Value: $272,600 Acres: 2.76 Agricultural Assessment: $0 Site Code: 110 Assessed Value: $253,330 Land Value: $188,250 Homestead Exemption: $25,000 Other Exemptions: $0 Taxable Value: $228,330 "This is the value established for ad valorem purposes in accordance with s.193.011(1)and(8),Florida Statutes. This value does not represent anticipated selling price for the property. Save Our Homes -Estimated Tax Savings 2002 Valued[] Millage Rate Taxes Market Value $272,60010 1 Exemptions $25,000 DI 11 1 Taxable Value without SOH Cap $247,6001Dx 16.8124 $4,162.751 Taxable Value with SOH cap $228,330111 16.8124 $3,838.781 2002 Estimated Savings Resulting From SOH D $323.971 Sales Information II II II ILII II II II http://brevardpropertyappraiser.com/asp/Show_parcel.asp?acct=2436768&gen=T&tax=T... 02/19/2003 Page 1 of 1 .4144.AC_I_..- q- ub algae Jn9I ..M 'IiI'II . �oH++sAv — Ill I 1171... HAYESAV 111111"/ 11111 iii C,AAF1ELD.AV r _ N111 ■ ■111111 ARTHURAV AEI pry X 1U11111 IIiI111II „_ _ ,. , :...,,,,,- _ .. ,,.._ _ ,_ . . _ , _ _ , , , ,,,,„,..::,, -,-;,- -: , - - - - CL V ELAN D.AV I iiiiii; _ ��� _ �IIIiIII� ",' _ MC Y.IMI�YAV .___ : ,. :,,,. . _ Ht7L1r1.• �� 11111111111 11111111 , ® - � iir 111 :;_;1-1:::_ --- Ammumummummilliw....= , 1111 111 ` TAFT.AV 11.111.11.111 I http://brevardpropertyappraiser.com/scripts/esrimap.dll?nameBrevardI&id=200302191... 02/19/2003 • • • • • APPLICATION FOR PLAT REVIEW •DATE OF SUBMIITTAL: 7 Dec_ C� (NOTE: SUBMITTAL MUST BE SUBMITTED A MIND11.7M OF 30 DAYS PRIOR TO THE PLANNING & ZONL G MEETING; PLAT MUST MEET THE REQUIREMENTS OF SECTION 98-41 THROUGH 98-62). IS THIS A 'RELLMILNARY ''LAT, RE-PLA , OR FINAL PLAT? f,1db9"rutia J AMOUNT OF t1LLNG FEE PAID: S 3c). 5C AMOUNT OF ENGINEERING DEPOSIT PAID: S '7 OG 1 CC DID BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NA_tiIE, IF APPLICABLE? (NOTE: THIS NEEDS TO BE DONE PRIOR TO SUBMITTAL). YES NO N.A. A PROJECT NAME: --1Chn Jo\Ia Ison j L-1- PROJECT ADDRESS: 3 d S hi 0 �ar Lot S / Cu n e r-i. LEGAL DESCRIPTION: t 2 j ai„ k 3� 140,_„.4 OWNER(S) NAME: Jo MIL) J © 0 US°'Li OWNER(S) ADDRESS: 3 I g dc, +, �,v z Com-p_e (t Ft, 3;21 o PROJECT ARCHITECT/EN GLNEER: Ca,r"Q b e I( S -'c v.ey :,. 41t" / app ` ' 1 �r PHONE NO. OF ARCHITECT/ENGINEER: 5-3 S . 0 kV: 1I53-5B/019 APPLICANTS) SIGNATURE: I, 1210(.12:17:INET----.E./AGENT PHONE NUMBER OF OWNER/AGENT: -7-.93-- 69 2( AAA e c3= f9k • 1l1FTil[ � . SSA March 5, 2003 3 .1� Ma 6 Mr.Todd Morley, CB0 Building Department- City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 RE: Preliminary Plat Review—John Johanson - Review#3 SSA Job No.95-0208, Task 046-1003 Dear Mr. Morley: SSA has reviewed the submitted preliminary plat for the above referenced project. Based on our review, SSA recommends said plat for City approval It should be noted that the City recommends a pre-application meeting with staff prior to submissions. Any format or data questions usually are answered early on. 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 hesitate to call. Si erely, David Roy Jo - LS� Chief Survey•r DRJ:jls City Engineer's Review Fee For Review#3—Included in Review#1 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$70.00 per hour. STOTTLER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS,INC. 8680 North Atlantic Avenue P.0.Box 1.630 Cape Canaveral,Florida 32920 Tel 321-753-1320 Fax 321-783-7065 Lic.#AAC000329 #E80000762 #LB0006700 \\fileserver\unersyoan sottorivakiuAprojectskape0.johnjohanson prein plat review 3.doc f7L/17/G1717.J 13:01 /d3D37C wvr u r r...1-. c.•. . �. _, k ti .w ? ' 34 r iE-4.;','",.%). r I Ati7lj v A' ,:'t(.�q i iz.- w ; ,1 r _� .. ' �.. t-rF. p a� u 'T1�}7_,;, ,I;i :,,- 'i a L t r Y : 4, ,-.. "i,,:ti::.w. y �.,. :, -�Y .i.i., uit :it--•.4 MCsz.:,•0330... 4. 214 9^... la..? ( y - -t. 1:-; r. .1'7 .... _ .. -.,.K.._.�'. __ J a .:11.::1)...,t � .v tT"." -1.J'_'1.,‘;:, . ,."-`14:,-;41,:''4.‘.Y i *; ..Eiti` ,';1' • "" 'F.. K..a.v.- _ .. MEMORANDUM To: Todd Morley, Acting Building Official From: John J. Cunningham, Asst. Fire Chief Date: 02-19-2003 Re: John Johanson- Preliminary Re-Plat 2nd submittal I have reviewed the plans and have no comment at this time. sumo ri 190JA(:KSON AVENUE • (:APE CANAVERAL., l],ORII)A 32920 • (321) 783-4777 • FAX: (321) 7783-5398 Sritian#2 8970(:()1,10‘,1111A1(0A1) • (:APE CANAVERAL. FLORI1)A 32920 • (321) 783-4424 • FAX: (321) 783-4887 Memorandum To: Todd Morley, CBO, Interim Building Official From: Todd Peetz, City Planner Date: February 18, 2003 Subject: John Johanson - Preliminary Replat 2nd Submittal The application for a re-plat appears to be consistent with the land development code and comprehensive plan. I am available to discuss this further if you have questions, please feel free to contact me at 407-249-1503 or by E-mail Planning4u2@aol.com. MEMORANDUM TO: Todd Morley, Interim Building Official TO: Todd Peetz, City Planner FROM: Ed Gardulski Public Works Director RE: Preliminary Re-Plat 2°' Submittal John Johanson DATE: February 19,2003 The Public Works Department has reviewed the re-plat of the above project and does not have any further comments or concerns • 'd WtiaO:6O £ Oc PE '9a3 SZET898 : 'ON XUd 1d2C OQ1E itieentiNUD 2870 : WOdd 7 1 Cwt {��r O 4 P 0 EnCD CD VDH CD . 0 o 0 CD En r cp o 0) cn 4 SHORES OF ARTESIA Site Plan Approval ACTIONS OF CITY OF CAPE CANAVERAL • 1-14-83 • BUILDING OFFICIAL APPROVAL OF ENTIRE SITE PLAN • 6-23-83 • BUILDING PERMITS APPROVED AND ISSUED • 8-24-83 • CITY PLANNING BOARD APPROVAL OF SITE PLAN ACTIONS OF CITY OF CAPE CANAVERAL • 9-1-83 • CITY PLANNING BOARD APPROVES PLAT FOR RECORDING-IMPROVEMENTS COMPLETED • CITY PLANNING BOARD • 9-12-83 APPROVES PLAT FOR RECORDING-IMPROVEMENTS COMPLETED I ACTIONS OF CITY OF CAPE CANAVERAL • 10-26-83 • BUILDING PERMITS ISSUED • 10-26-83 • BUILDING PERMITS ISSUED RELIANCE EXPENDITURES • ALLEN ENGINEERING • $11,854 PERMITTING AND ENGINEERING FOR DEVELOPMENT • FIRE DEPARTMENT—BURN • $ 250 DEBRIS RELIANCE EXPENDITURES • MELVILLE GROVE,ARCHITECT • s s,000 —PLANS FOR 40 TOWNSHOUSES$150/UNIT • • CHEROKEE UTILITIES $35,200 INSTALLATION: SEWER— WATER—DRAINGE—ENTIRE SITE REQUIRED BY CITY 2 RELIANCE EXPENDITURES • WATSON PAVING-ROADS • $48,816 AND DRIVE • WATER METER SITE • $ 295 • PUMPS AND WELLS • $ 1,350 $ 950 • ABC CLEARING RELIANCE EXPENDITURES • COSTS FOR DEVELOPMENT: LEGAL,INCLUDING RECORDING • $ 9,400 FEES FOR DEVELOPMENT • UTILITY BUILDING AND ELECTRICAL • $10,482 WORK FOR SECURITY LIGHTS FOR SITE • BUILDING PERMIT • $6,711 SUBTOTAL: $131,308 ANNUAL EXPENSES INCURRED 1986- PRESENT TO MAINTAIN SUBDIVISION • TRACT#14 GROUND • $ 6,400 MAINTENANCE OF SITE • REMOVE PEPPER TREES, ETC. • $a,7oo AND HAULING-REQUIRED FOR SITE • LIABILITY INSURANCE FOR • $2,550 ENTIRE SITE 3 ANNUAL EXPENSES INCURRED 1986- PRESENT TO MAINTAIN SUBDIVISION • TAXES—1985-1990 • $21,318 ASSESSED VALUE$11,000 PER LOT-6 YEARS • TAXES(INCLUDING THOSE • $62,106 PAID CITY)—1991-2002 ASSESSED VALUE$16,000 PER IMPROVED SUBDIVISION LOT- 12 YEARS • TOTAL • $228,382 DETRIMENT ACTION 1. VACATE PLAT • 2. RE-SURVEYING, • $25,000 RE-ENGINEERING AND to RE-PERMITTING COSTS • $35,000 3. LOST LOTS $136,000 to $200,000+ 4 Sept By: BRC1'1N,WARD,SALZNAN&WEI86,P,A, ; 407 425 9596; Feb-6-03 8:13PM; Page 2/0 / BROWN, WARD, SALZMAN & WEISS, P..A. Attorneys at Lau, Usher L.Er wnOLTiCe3 in Orlenda,Kissimmee, Debra S.3ok Shrine D'Agremtam Cocoa&view Anthony A.Gargana•esJeffrey P.Bum Cary S.Salzman' 7e0 K Norman JOM M.Ward ,chn U.9lederharrt,Jr. Jeffery S.Weiss lcaeph!;.elttoh Jormiier A.Michas( Mich le A.Reddln YL-Eta E.5canateo '9oore Cergilgd CM Trial Lawyer — 'Suomi Certifed Busies litigatbn Lrnj cin J O'Leary 'Baud CetEedCay,County&Local Ccitmired LowCr one/ February 6: 2003 Via Facsimile Only Mr. Bennett C. Bcuchcr, City Manager C,ty of Cape Canaveral 105 Polk Avenue Cape Canavera , FL 32.920. Re: Shores of Artesia, Phase Two - Vested Rights Determination City cf Cape Canaveral • General File Na. 513-001 Dear Bennett. Th;s letter is in response to your request for background information regarding the vested nahts determination hearing involving Phase Two of the Shores of Artesia site plan and plat. The vested rights hearing is schedules to be heard by the Planning and Zoning Board ("P&Z Board**) a; its meeting scheduled for February 12, 2003. Because the Cape Canaveral Code does not contain a specific vested rights procedure, the P&Z Board should consider the following: L Issue: .Based on ccrn:etent substant`al evidence, whether the Shores of Artesia, Phase II, site plan (aikia Sand in the Shoes site plan prepared by Allen Engineering. Inc., dated November 28, 1962) is vested, II, General Facts: A. A plat entitled Shires of Artesia, Phase Two, was approved by the City of Cape Canaveral Planning & Zoning Commission cn September 12, 222E End Rocinxr Street.Sule 330•P.O.Box 2e73-Orlando.Fiorito 325,."2-2573 Orfarda(407)404665 Fa(407)425.9596•Kissimmee(32;)402-0144•Coca&Mem¢56)4Z-$1.66 Weiner www.artw *w.RQt•Emus:ttrmttartartSelvi.6et E45 s'rt By: BROWN,WARD,SALZJAN&WEISS,F.A.; 407 425 QSQ6; Feb-6-03 8:14PM; Page 3/8 Mr, Bennett C. Boucher, City Manager City of Cape Canaveral February 6, 2003 Page 2 1954 ("Plat"). As a recorded plat, the Plat is vested unless vacated and annulled by the City Council in accordance with Chapter 177, Florida Statutes. S. There appears to be a previously approved site plan entitled "Sand in the Shoes' prepared by Allen Engineering, dated November 29, 1982. The site plan consists of 2, 3, and 4 unit town homes ("Site Plan"). The separation walls of the town home units appear to correspond to the lot lines on the Plat. C. According to Allen Engineering, the Site Plan Is being daveio:ed Ir two phases. Phase One has already been constructed and residents occupy the units, Prow Two will proceed if the PBZ Board determines it is vested. D. According to Sm th Construction & Development, Inc., water and sewer services are installed on the Phase Two property. Applicable Standard of Review and Law: The applicable standard of review and law is very Complex and beyond the scope of this letter. The essence of the law, however, is as foilows: A. STANDARD OF REVIEW. "Competent substantial evidence" is the evidentiary standard which should be applied by the P&Z Board to determine whether vested rights ex.st. Competent substantial evidence has been defined to mean s.ufficlently relevant and material evidence that a reasonable mind would accept as adequate to support a conclusion. jDegroot v, Sheffield, 95 So,2d 912 (Fla. 1957). B. APPLICABLE LAW. The common law of Vested Rights/Equitable Estoppel is applicable. In this case, the property owner would be permitted by law to complete Phase Two of the Site Plan if it can demonstrate by competent substantial evidence that it has a vested project The project should be vested if the property owner can satisfy the elements of equitable estoppel. The three(3) elements of equitable estoppel are: (1) a property owners good faith reliance; Sent By: BRG N,WABO,SALZMAN&YISS,P.A. ; 407 425 6508; Feb-8-C3 8:14FM; Page 4/a Mr. Bennett C, Boucher, City Manager City of Cape Canaveral February 6, 2003 Page 3 (2) cr, some act or omission of the government; and (3) a substantial change in position or the incurring c excessive obligations and expenses so that it would be highly inequitable and unjust to destroy the richt he acquired. Franklin County v, LaLsure Properties, Ltd,, 430 So.2d 475 (Ha. 1s` DCA 1983). Stripped of regal jargon. (1) Estoppel amounts to nothing more than an applicatio^. of the rules of fair play. (2) One party will not be permitted to invite another onto a welcome mat and then be permitted to snatch the mat away to the detriment of the party Induced or permitted to stand thereon, (3) A citizen is entitled to rely on the assurances or commitments of a zoning authority and if he does, the zoning autrcrity is bound by Its representations, wr,ett er they be in the form of words or deeds. Town of Lardc v Imperial Homes.Corp., 30 So.2d 571 (Fla. 2d DCA 1975). IV. Applicable Ordinance: Sec. 11C-224 of the Cape Canaveral Code states: All site plans under this article shall expire in 12 months from the final approval of the planning and zoning board, unless the building permit is issued or the applicant files with the city in writing a time extension for such site plan. The planning and zoning board shall recommend at its discretion such requests for city council approval by resolution only if justifiable cause is demonstrated and there have been no changes in any regulations in the interim. If granted, there shall be a one-time extension for no longer than six months. (Emphasisadded) Since a building permit was issued to construct Phase One and the water and sewer infrastructure in Phase Two,this section arguably does not apply. Therefore, based on the facts known today, Sec. 110-224 would not appear to be basis to conclude that the Site Plan has expired. sent By; 8A 0WN,WAFD,6ALZMAN&WEISS,P,A.; 407 425 95a6; Feb-e-33 8:14PM; Page 5/8 Mr. Bennett C. Boucher, City Manager City of Cape Canaveral February 6, 2003 Page 4 V. Recommendations: A Vested Rights determination is a quasi-judicial proceeding. Therefo-e, it is very fact intensive and due process of !aw is applicable. The burden to demonstrate a Vested Rght is cn the property owner. It ls, therefore; recommended that the P&Z Board consider the information and applicable law included as part of this letter. Further, the P8Z Board must permit the property owner and other interested parties an opportunity to present any other competent substantia; evidence relevant to the property owners petition for Vested Rights determination. In fact, it is highly recommended that the P&Z Board request that the property owner provide a detailed histcri c.i background on the development of this protect_ If ;he P&Z Board determines that the property owner has demonstrated by competent substantial evidence that the elements of equitable estoppel are ps,tafied and the Phase Two Site Plan is-,rested, Phase Two should be allowed to proceed at the subiect property under appiicable City Codes and law. ' ry ly Yours, ado, Anthony A. Garganese City Attorney AAG.Jf Enclosures: Smith Construction & Development, Inc.'s letter, Gated January 17, 2003, co: Joyce Gumpher, Allen Engineering, Inc. (via facsimile) SAND IN THE SHOES, INC. A.K.A. SHORES OF ARTESIA PHASE TWO, TRACT 14. 8501 RIDGEWOOD AVENUE CAPE CANAVERAL, FL 32920 COLETTE CANNON, PRESIDENT 321-783-4816 WILLIAM L. CANNON �3 - oo`� ALLEN AND LONA BELL DISTR1�!.:Ti"?;. ,I, GERALD AND ELAINE GIBSON Mayo Cir- Couc:, FRANK M. COLOMBO City N', . Cir; Ats MARCH 2, 2003 ! B Y: i. i TO MR. BENNETT BOUCHER, CAPE CANAVERAL CITY MANAGER. �^ DEAR BENNETT, I AM A RETIRED ACCOUNTANT, NOT A SEASONED DEVELOPER. THURSDAY FEBRUARY 27, I JUST FOUND OUT ABOUT THE 30 DAYS TIME FRAME LIMIT THAT COULD AFFECT ANY OPTION OF APPEAL. I AM REQUESTING AN EXTENTION SO MY ATTORNEY HAS THE TIME TO REVIEW THE CASE. I AM UNDER THE IMPRESSION FROM OUR CONVERSATIONS THAT THE MATTER CAN BE RESOLVED IN-HOUSE WITH POSSIBLY A COUNCIL MEETING MARCH 18. I WANT YOU TO KNOW, THE REASON I RETAINED A REAL ESTATE ATTORNEY IS NOT WITH THE INTENTION TO SUE — BUT TO PRESERVE THE LEGAL OPTIONS I COULD HAVE LOST FOR LACK OF KNOWLEDGE ON MY PART. CLIFTON A. McCLELLAND REPRESENTS SAND IN THE SHOES, INC. HIS PHONE NUMBER IS 321-984-2700. THE LAND SAND IN THE SHOES, INC. PURCHASED APRIL 1980 WAS VIRGIN LAND, ?!(YT JUST UNIMPROVED LAND. BESIDES THE $35,270 FOR SEWER; WATER; DRAINAGE INSTALLATION SPENT IN TRANSFORM THIS 1980 VIRGIN LAND INTO READY TO BUILD 19 PLATTED LOTS. I AM IN THE PROCESS OF MAKING A LIST OF ALL THE CONSIDERABLE SITE PLAN EXPENSES. THANK YOU FOR YOUR HELP. SINCERELY YOURS, COLETTE CANNON CC: MR. CLIFTON A. McCLELLAND SAND IN THE SHOES, INC. A.K.A. SHORES OF ARTESIA PHASE TWO, TRACT 14. 8501 RIDGEWOOD AVENUE CAPE CANAVERAL, FL 32920 COLETTE CANNON, PRESIDENT 321-783-4816 WILLIAM L. CANNON ALLEN AND LONA BELL GERALD AND ELAINE GIBSON FRANK M. COLOMBO FEBRUARY 19, 2003 TO WHOM IT MAY CONCERN, SAND IN THE SHOES, INC. HISTORY: SAND IN THE SHOES, INC. WAS FORMED IN 1980 BY SEVEN LOCAL RESIDENTS WITH "SAND IN OUR SHOES." THE PURPOSE WAS TO BUY LAND AND BUILD TOWNHOUSES. APRIL 14, 1980 SAND IN THE SHOES, INC. PURCHASED UNIMPROVED TRACT #14 & #15. TRACT #13 WAS ALSO PURCHASED AND COMBINED WITH TRACT #15. TRACTS #15 AND #13 WERE LATER KNOWN AS SHORES OF ARTESIA, "PHASE ONE" TRACT #14 WAS LATER KNOWN AS SHORES OF ARTESIA, "PHASE TWO" JOHN ALLEN ENGINEERING WAS RETAINED TO DESIGN THE SITE PLAN AND TO OBTAIN ALL THE NECESSARY APPROVALS FROM THE CITY, ST. JOHN RIVER AND OTHERS. . THIS WAS ACCOMPLISHED BY 1983-84. THE FINAL APPROVED PLAT PLAN DESIGNED BY JOHN ALLEN WAS RECORDED WITH 40 PLATTED LOTS -- LOTS 1 TO 21 KNOWN AS SHORES OF ARTESIA "PHASE ONE." LOTS 22 TO 40 KNOWN AS SHORES OF ARTESIA "PHASE TWO." AS SAND IN THE SHOES, INC. PRESIDENT, I SIGNED PHASE TWO NOTARIZED PLAT PLAN JULY 10, 1984. IT WAS SIGNED BY SURVEYOR JOHN CAMPBELL JULY 10, 1984; APPROVED BY PLANNING AND ZONING COMMISSION, RICHARD THURM, SEPTEMBER 12, 1984; AND APPROVED BY THE CAPE CANAVERAL CITY COUNCIL, MAYOR RUTHERFORD, SEPTEMBER 18, 1984. IN 1980, UNINPROVED TRACT #14 ASSESSED VALUE WAS $23,520 OR $1,238 PER LOT. IN 1984, IMPROVED READY TO BUILD TRACT #14, WAS RECORDED AS SHORES OF ARTESIA "PHASE TWO" CONSISTING OF 19 IMPROVED LOTS WITH ALL UTILITIES AND RECORDED AS LOTS 22 TO 40. THE ASSESSED VALUE WAS $209,000 OR $11,000 PER LOT. THE DIFFERENCE BETWEEN THE ASSESSED VALUE OF UNIMPROVED LAND $23,520 AND IMPROVED READY TO BUILD LAND IS $185,480 ($209,000-$23,520.) OR $9,762 PER LOT. PAGE 2. WITH 14% PLUS MORTGAGE INTEREST, THE REAL ESTATE MARKET WAS SUPER BAD AND THIS DIFFERENCE WAS NOT DUE TO INCREASED MARKET VALUE - BUT TO THE WORK PERFORMED BY CHEROKEE ENTERPRISES TO INSTALL ALL UTILITIES (SANITARY SEWER; WATER SYSTEM; STORM DRAIN.) THIS ATTACHED $35,270 BILL DOES NOT INCLUDE ASSOCIATED BILLS FOR SURVEYS, ENGINEERING, ETC. THIS $35,270 PLUS COST TO INSTALL THE UTILITY WAS PAID WITH 1983 DOLLARS AND IT REPRESENTED A VERY LARGE EXPENSE AT THE TIME. MY BUSINESS PLAN FOR SAND IN THE SHOES, INC. WAS TO BUILD THE ENTIRE COMPLEX IN INCREMENT OF AROUND EIGHT TOWNHOUSES. THE FOUR OF US WOULD BUY THESE UNITS AT COST. RENT THEM, RESALE THEM AND REPEAT THE PROCESS. PAYING 14% MORTGAGE INTEREST MADE THE ROSY PLAN TURN PRETTY DARK. I BEGAN TO WORRY ABOUT THE TIMING OF MY PLAN AND ASKED HARRY KELLER, THE BUILDING OFFICIAL AT THE TIME, HOW LONG WAS MY PLAT PLAN VALID? HIS RESPONSE WAS THERE WAS NO EXPIRATION DATE; THE PLAT PLAN WAS RECORDED AND VESTED. I ASKED THE CITY ATTORNEY, JO SCOTT THE SAME QUESTION AND RECEIVED THE SAME ANSWER EXCEPT HE QUALIFIED HIS ANSWER BY ADDING, SAND IN THE SHOES, INC. MUST REMAIN THE OWNER OF THE APPROVED AND RECORDED PLAT PLAN. I RELIED ON HIS ANSWER AND ADVICE. WE ARE THE SAME SEVEN ORIGINAL SHAREHOLDERS TODAY AS WE WERE IN 1980. BEST OF ALL, WE ARE STILL CLOSE FRIENDS ALTHOUGH THE 1986 SHUTTLE ACCIDENT PUT US IN A DEEP FINANCIAL HOLE FOR SEVERAL YEARS. THE SEVEN OF US WERE WORKING PROFESSIONALS WITH GOOD INCOME BUT RICH OR WEALTHY DID NOT OR DOES NOT APPLY TO US. WE ARE NOW RETIRED AND IT IS TIME TO EXPECT A PROFIT ON OUR INVESTMENT AND MY LEADERSHIP. I AM NOT AN ATTORNEY BUT IF I READ MR. ANTHONY A. GARGANESS' LETTER CORRECTLY, SAND IN THE SHOES, INC. IS VESTED. COLETTE CANNON CHER 0 E � P.O. BOX 3595 - (305) _ A 773-1777 JIALANTIC, FL 32903 j. . (305) 784-1377 n ENTER N G . 23 July 1983 PRISES, Sand-in-the-Shoes ATTN: Mrs Collette Cannon Cape Canaveral, Florida RE: Final Draw Request No . 4 Sanitary Sewer: Original Contract Price $19,782. 90 Deduct Change Order #1 - 2,370.00 100% Complete $17,412.90 Water System: Original Contract Price $13,918.00 Add Change Order #2 + 1, 269.00 New Contract Price (100% $15,187.00 Complete) Storm Drain Contract Price (100% Complete) $ 2,670.00 FINAL TOTAL: $35, 269.90 Less Prepayments -32,785 .03 AMOUNT _DUE: $ 2,484.87 Qra,w„. 4 jr ,/,, o-f WARREN E. L G FOOT President NOTE: Mrs Cannon - This company has found it a pleasure to work with you concerning this project. Please do not hesitate to call on us regarding future construction needs. July 27 , 1983 Approved for payme "'°76 George H. Siebern Allen Engineering , Inc . , 03/06/2003 09:54 7835398 CCVFD 'PAGE 01 1"..91=:,L'.-, , , r i ;ti,� 7z 4 s .',441.t' , t. a s . , Y(,:-4'e4u:'. ` ,h c':{ t.. I �' K btx. C'!t!<r t war "r. �C V, .:Cd s�, f r w t t tt.' � � rs.,g a s ;� i ''.:*,.''''i-4.l a t ter S a �.� 1 � _ c � y g t- .I� sr aa.f s a �gg,J it f ,. t • .a't 4, -ti #S 6 t.' 9 r d Is i B 4, .tib . .f,Xc ; 1f .k' fi 4 Y i� s. .� 1r�r w.a} ! r 7 yJ vr. '+. 1` "! r -'y 5.« xr�. `j a '1 t, Z't ' •t4'''',;;;;':,!.5.1., 1 .i� �.,�,` .4 z: :r' ,tomg 4r, t %` �r'?a i."� f � .r : r '�'6 J7,<7,-5:1),:l .'` ? K+ '• k9re vLi4•l' a s . i*m:.-.4a !zt re r sissy `it' .eiT6c'.M 1..i .-t a,.t' _a _:7 T .r.er-.,.. ;L tYA:,x-'.'k.,"'' ' :S i _.t, MEMORANDUM To. Todd Morley. Acting Building Official From: John J. Cunningham. Asst. Fire ChietAZ Date: 03-06.2003 Re: Variance Request 02-13. Shores o£Artesia,Phase 11 Section 110- 373, Minimum Setback, 110-374,Off street Parking; and Section 98-92, Streets. I have reviewed the variance request and have the following comment. 1. Must maintain a fire lane at all tunes,no parking on the street, signs shall be posted. 2. Shall provide additional lire hydrant. smon si 190 JACKSON .VEN1'E • CAPE CANAVERAL.. 1F1.O1til?:A 32920 • (3 2l) 783-4777 • FAX: (321) 783-53t)S staion.e? 8970 coR0.11i • ('APE C:ANAVFRAI., 1:1,01411DA .;2920 • (321) 783-4424 • FAX: (3211 7S3--1.887 i _ . y APPLICATION FOR PLAT REVIEW TILEg0 il Co')r DATE OF SUBIIITTAL. te 03 (NOTE: SUBMITTAL MUST BE SU:WITTED A MIN-BILJI OF 50 DAYS PRIOR TO THE PLANNING & ZONLNG MEETING; PLAT MUST MEET THE REQUIREMENTS OF SECTION 98-41 THROUGH 98-62). IS THIS A PRELIMINARY PLAT, RE-PLAT, OR FLN AL PLAT? ZQ..i ?e,......td AMOUNT OF FILING FEE PAID: S „T1, 50 AMOUNT OF ENGINEERING DEPOSIT PAID: S 700 " ci DID BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION PROVE THE REQUEST FOR STREET NAME, IF APPLICABLE? (NOTE: TH NEEDS TO BE DONE PRION TO SUBMITTAL). YES NO • N.A. PROJECT NA.ME: ALL �btGX= (' / D cf.„).4) 1(0 in a---- - S PROJECT ADDRESS: ? i Y •- ) I (, /9)f.z 'J S "PIVII. LEGAL DESCRIPTION: 43 - 2 4._- 7i I g d c)4 7 Thy c-' OWNER(S) NAME: /9 LL- (V140/c r S C 0 Ai S T Co OWNER(S) ADDRESS: 4/ I)A/ Co L r✓ I Lie— C C )"' 3 2 j C) PROJECT ARCHITECT/ENGLNEER: ?7 /9-c• /t "17 /9- 7 J',i/ PHONE NO. OF ARCHITECT/ENGLNEER: • APPLICANT(S) SIGNATURE- ,_..4.11 �d* 4-• OVSr:�,'ER/AGENT PHONE Int-UMBER OF OWNER/AGENT: 181 _WWI . 1dfor Z►y,iip 1 rk"41/4 //A.. February 19, 2003 Mr. Todd Peet? fiLE COPY Planning Partnersip, inc. 3585 Murrell Road, Suite A Rockledge, FL 32955 RE: Preliminary reiim•rdy n1dL Review—All-Shores Yiw-LJ«e3 Phase II - Review tr i SSA Job No. 95-0208, Task 048-1003 Dear Mr. Reid: SSA has reviewed the submitted preliminary plat for the above referenced project. Based on our review, SSA recommends said plat 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 hesitate to call. pincer- \ David Roy Jor es, PLS Chief Surveyor DRJ:jls CC: Susan L. Chapman City Engineer's Review Fee For Review#1 —$450.00 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$70.00 per hour • STOTTLER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS,INC. 8630 NorthAtlantic Avenue P.0.Box 1630 Cape Canaveral,Florida 32920 Tel 321-783-1320 Fax 321-783-7065 Lic.4A10000329 #EB00007624130006700 _ Ilfileserverlusersljoan sotlorivalcivillprojectslcape I-all-shores townhomes phs 2 prelim plat review 1.doc • • .. , A^A A q MEMORANDUM : ; � -� TO: Todd Morley, Interim Building Official TO: Todd Peetz, City Planner FROM: Ed Gardulski Public Works Director RE: Re-Plat All Shores Townhomes DATE: February 19, 2003 The Public Works Department has reviewed the re-plat of the above project and does not have any further comments or concerns. In this e-mail, the Public Works Director would like to see more green space between drives. I r , MEMORANDUM TO: City Engineer CCVFD Fire Official Public Works FROM: Todd Peetz, Planning Partnerships, Inc Tom Myers, Planning Partnerships, Inc. For the City of Cape Canaveral DATE: Q— I t--V 3 R:.: 1 l ,S I re S T v‘...,%/' lc rn 9- Please review the attached L. submittal of the above referenced _ �- p(k i- to ensure that the project meets the applicable code requirements. After reviewing the project, please advise Planning Partnerships, Inc. (PPI) of your approval or comments and concerns. PP1 will be handling the tracking of this project and all future projects for the City of Cape Canaveral. You may submit your comments via e- mail to plans@communityanalysis.com, via fax at (321) 632-2772 (9-5 M-F), or via mail 3585 Murrell Road, Suite A, Rockledge, FL 32955. If you use the e-mail, please include the name of the project in the subject line. Please submit review comments soon as possiblH Thank ynll i 1'v(13"v submit ili your iL'i+v rV comments as JVVaa KJ j..rV uvsi.ay. a++r++++J� -• �s\11E- ``Y r1 I Memorandum To: Todd Morley, CBO, Interim Building Official From: Todd Peetz, City Planner Date: February 18, 2003 Subject: Allshores Townhouses Phase II - Preliminary Replat 1St Submittal The application for a re-plat appears to be consistent with the land development code and comprehensive plan. I am available to discuss this further if you have questions, please feel free to contact me at 407-249-1503 or by E-mail Planning4u2@aol.com. DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS This Declaration made this 11th day of February, 2003 , by Sunrise Villas Townhomes, Jam Florida 32920, hereafter referred to as Morgan, President whose mailing address is 413 Lincoln Avenue, Cape Canaveral 'Declarant.' WITNESSETH: WHEREAS, Declarant is the owner of certain real property located and lying and being in Brevard County, Florida,and more particularly described as: Sunrise Villas Townhomes Section 14,Township 24 South, Range 37 East Brevard County, Florida Legal Description: A parcel of land lying in section 14, township 24 south, range 37 east,Tallahassee base meridian, Brevard County,Florida and being more particularly described as follows: Commence at the northwest corner of the southwest one-quarter of the southwest one-quarter of said section 14; thence N 89 42'38' E, along the north line of the southwest one-quarter of the shouthwest one-quarter of said section 14, a distance of 936.66 feet to the westerly right-of-way line of North Atlantic Avenue (a fifty foot right-of-way as presently located); thence S 06 50'37'W, along said right-of-way line, a distance of 93.73 feet to the point-of-beginning; thence continue S 06 50'37'W, along said line, a distance of 72.56 feet to the north line of the lands described in official records book 1369, page 398;thence S 89 42' 38'W, along said north line, a distance of 140.00 feet;thence N 00 17'22'W, a distance of 72.00 feet;thence N 89 42'38' E, a distance of 149.01 feet to the point-of beginning. Containing 0.239 acres, more or less and being subject to any easements and/or rights-of-way of record. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof, to wit: 1. The foregoing recitals and declared to be true and correct and by reference are incorporated herein and made a part hereof as in fuly set forth. 2. There is hereby created in favor of each owner or purchaser, and their heirs, successors and assigns, an easement covering party walls to be placed equally on the line separating the dwellings to be erected and the property subject hereof. 3. The cost of maintaining the party wall shall be borne equally by the owners on either side of said wall. 4. In the event of damage or destruction of said wall from any cause, other than the negligence or intent of either party, the then owners shall, at joint expense, repair or rebuild said wall and each party, his heirs, successors and assigns, shall have the right to the full use of said wall so repaired or rebuilt. If either party's negligence or intentional act shall cause damage to or destruction of said wall, such negligent or willful party shall bear the entire cost of repair and reconstruction. 5. Neither party shall alter or change said party walls in any manner, interior decoration excepted and said party walls shall always remain in the same location as when erected, and each party to said common or division wall shall have a perpetual easement in that part of the premises of the other on which said party wall is located, for party wall purposes. 6. Each party shall permit the quiet enjoyment of the adjoining party in the party walls and will not permit nor commit any damage or destruction of the said party wail or of the foundation supporting the same and at all times shall give and grant to each adjoining party the right of full lateral support to the adjoining party's individually demised premises. 7. Neither party to the said party wall shall have a right to entry through the party wall into the close of the adjoining party either directly or indirectly. 8. There is reserved a 5'wide easement along the interior North, South and West boundaries of the above mentioned property, for public utilities, drainage and ingress/egress of the property owners of the Sunrise Villas Townhomes. 9. No owner of a dwelling shall make any structural modifications or alterations. Further, no owner shall cause any improvements or changes on or to the exterior of the building, except the addition of a screened porch/additional room at the rear of the dwellings or the installation of shutters or awnings. The aforementioned additions shall be compatible with the overall appearance of the dwelling and shall comply with the applicable governmental regulations. The installation of electrical wiring, air conditioning units and other things which might protrude through or be attached to the walls of the building are prohibited. Further, no owner shall in any manner change the appearance of any portion of the building as to color, paint, texture or similar without the joinder and consent of the adjoining owners, it being intended that all structures shall be uniform in color and appearance. • rcul 2` I21c� ___./e9 _C3 10. No nuisances shall be allowed upon the townhouse property, nor any use or practice which is the source of annoyance to residents or which interferes with the peaceful possession and proper use of the property by its residents. All parts of the property shall be kept in a clean and sanitary condition and no rubbish, refuse or garbage allowed to accumulate nor any fire hazard allowed to exist. 11. No immoral improper, offensive or unlawful use shall be made of the townhouse property nor any part thereof; and the lawful order or decrees of all governmental entities having jurisdiction thereof shall be observed. The responsibility of meeting the requirements of governmental entities which require maintenance, modification or repair of the townhouse property shall be the same as the general responsibility for the maintenance and repair of the peoperty concerned. 12 Exterior parts of the buildings and the fences separating the townhouses shall not be used for hanging garments or other objects, for cleaning rugs or other house hold items. 13. Disposition of garbage and trash shall be by the use of garbage disposal units or by use of receptacles so that no garbage or trash will litter the area. 14. The easements, agreements and restrictions hereby created are and shall be perpetual and construed as covenants running with the land and each and every person accepting a deed to any lot in said multiple unit shall be deemed to accept said deed with the understanding that each and every other purchaser is also bound by the provisions herein contained, and each and every purchaser, by accepting a deed to any lot shall thereby consent and agree to be bound by the covenants herein contained to the same extent as though he had signed this instrument. The undersigned, in executing and delivering deeds to said lots shall insert in said conveyance, by reference, that the same are made subject to the terms, conditions, reservations and covenents herein contained. For the breach of any of the above restrictions, reservations, easements and covenants, each party shall be entitled to apply for relief by injunction in addition to any other remedy available to them in law or equity. 15. This Declaration shall enure to the benefit and apply to any existing or subsequent mortgage holders on the premises described herein. IN WITNESS WHEREOF, this Declaration is being excuted this / day of rz , 200 3. WITNESSES: BY: , Sign Name: ,�'� s-u ��e�_ ;J /Kr T��. Q�Wi=t' Loll a6 Print Name: In,Y-/�S tri /Lt-ha-it) " � ,Wit+- V"T APPLICATION FOR PLAT REVIEW • DATE OF SUBMITTAL: c2 — 1/ - ©3 • (NOTE: SUBMITTAL MUST BE SUBMITTED A MINIMUM OF 30 DAYS PRIOR TO THE PLANNING & ZONING MEETING; PLAT MUST MEET THE REQUIREMENTS OF SECTION 98-41 1HROUGH 98-62). IS THIS A PRELL\ILN ARY PLAT, REQ PL!OR FINAL PLAT? gc ' 'l� / AMOUNT OF tLLING FEE PAID: S - — 7. 5. 0 AMOUNT OF EN GINEERLNG DEPOSIT PAID: S 70 o -CC) DID BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NAME, IF APPLICABLE? (NOTE: THIS NEEDS TO . E , 7,, DONE PRIC- TO SLBI• I1TAL). YES NO • N.A.^ PROJECT NAME:Ed4) 41's S r 0tC-Lr5t-S /o Le-,d avrn eS PROJECT ADDRESS: • LEGAL DESCRIPTION: � - 7TiACAA,v OWNER(S) NAME: -M G?r ni - d(_ . OWNER(S) ADDRESS: y R L, :'C© [,t n2-t/z cc f L 3 2-5 2 , PROJECT ARCHITECT/ENGLtiEER: PHONE NO. OF ARCHITECT/E_NGLtiEER: APPLICANT(S) SIGNATURE• e--- ` 7-7.7 i--‹ 7i2J-- OWNTAtrNT PHONE NUMBER OF OW ER/AGENT: 32, /- 78--lid 2- 13.--- ? 'at I SSA March 5, 2003 Mr. Todd Morley, CBO BuildingDepartment- City of Cape Canaveral ��.. ,1, ��` 105 Polk Avenue Cape Canaveral, FL 32920 RE: Preliminary Plat Review—Sunrise Villas Townhomes - Review#2 SSA Job No.95-0208, Task 049-1003 Dear Mr. Morley: SSA has reviewed the submitted preliminary plat for the above referenced project. Based on our review, SSA recommends said plat 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 hesitate to call. �--Sincerely, David Roy Jon a, Chief Survey DRJ:jls Cc: Mr. Todd Peetz, Planning Partnerships, Inc. City Engineer's Review Fee For Review#2—NIC 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$70.00 per hour. STO 1.1 LER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS,INC. 8680 North Atlantic Avenue P.0.Box 1630 Cape Canaveral,Florida 32920 Tel 321-783-1320 Fax 321-783-7065 Lie.#AAC000329 #EB0000762 #LB0006700 Wileserver\usersljoan sottorivakivdtprojectslcapetl-sunrisevillastownshome pre plat review 2.doc Page 1 of 1 r Susan Chapman From: Tom Myers [tmyers@cfl.rr.com] Sent: Wednesday, March 05, 2003 9:50 AM To: Todd Morley Cc: Susan Chapman Subject: Sunrise Villas Townhomes - Review March 5, 2003 Mr. Todd Morley, CB0 City of Cape Canaveral Building Department 105 Polk Avenue Cape Canaveral, FL 32920 (via e-mail) } RE: Preliminary Plat Review- Sunrise Villas Townhomes - Review#2 Submitted 315103 Dear Mr. Morley: PPI has reviewed the preliminary plat submitted this morning for the above referenced project. Based on our review, PPI recommends the plat for City approval. • The applicant must still meet all other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions, please feel free to call. Sincerely, Tom Myers, Principal Planning Partnerships, Inc 03/05/2003 • MEMORANDUM _ = ��` • TO: Todd Morley, Interim Building Official TO: Todd Peetz, City Planner FROM: Ed Gardulski r Public Works Director 13 RE: Re-Plat Sunrise Villas Townhomes QP DATE: February 19, 2003 The Public Works Department has reviewed the re-plat of the above project and does not have any further comments or concerns �� yy 7..l.. f1 f CEA ‘,24 54 A J ,' } CO 10 �- City of Cape Canaveral 11 if crrr OF CAPE CANAVERAL J 1 A February 12, 2003 r Brown, Ward. Salzman & Weiss, P.A. C/O Anthony Garganese, City Attorney P 0 Box 2873 Orlando. FL 32802-2873 Re: Sunrise Villas Townhomes - Preliminary Plat Review of Declaration of Covenants Dear Anthony: Please review the enclosed Declaration of Covenants for the above referenced project. The Final Plat will be presented to the Planning & Zoning Board on March 12th if all comments/concerns have been satisfactorily addressed by noon on February 26th. If you have any questions, please give me a call. Thank you. Sincerely, Susan L. Chapman Planning & Zoning Board Secretary I 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com 1 • r • • ' •-''''''' '.:-.,,--;' Ili . . L/1 cn �`., ot V r+ CCI ), ..1c. In PI . 174 PyI ty n' Cr 1 H gym, C 1 oro O ''CI _, 4 . - F O . ,17.,.... ,...., ,„ , , (-) _ „ C) •. ,I....„. . ,.a • .- .' 'lI I1k 1 ` ...g .!I€_<< ii ➢ � 3Si � a Ifilt r • l' �qttiii ...._. gimimm iii • APPLICATION FOR PLAT REVIEW i DATE OF SUBMITTAL: 7 Dec_ 0 • (NOTE: SUBMITTAL MUST BE SUBMITTED A MINIMUM OF 30 DAYS PRIOR TO THE PLANNING & ZONING MEETING; PLAT MUST MEET THE REQUIREMENTS OF SECTION 98-41 'II ROUGH 98-62). IS THIS A. 'RELLMLNARY 'LAT, RE-PLA , OR FINAL PLAT? ,1E�.;1"11tr;��zJ \,, � � AMOUNT OF FILL G FEE PAID: S r), 5C AMOUNT OF ENGINEERING DEPOSIT PAID: S r7CG, CCS DID BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NAME, IF APPLICABLE? (NOTE: THIS NEEDS TO BE DONE PRIGR. TO SUBMITTAL). YES NO . N.A. X PROJECT NAME: -1C11 n J0 r)ansen RQQb - PROJECT ADDRESS: 3 0 S l31° /4 Aa 644s ILc1 Cac_e e'�z,..4, •. t . Fl. LEGAL DESCRIPTION: 1 Q + I 2/ MD( k 3, AL)e, y r1‘-e 5 ec OWNER(S) NAME: Jo /4.') ..J oo 4.4 P5°(14-1 OWNER(S) ADDRESS: 31 e 14 cLois /9.r e, Capes CQ.��v e-tL (i, ,( s ,,-2q,,---20 PROJECT ARCHITECT/ENGINEER: Cok r"p bei( S._J P v.e x :►,5 �‘A erpp Lk" PHONE NO. OF ARCHITECT/ENGINEER: 14 S- 3 5-B. 0 fax- 1155-531k APPLICANT(S) SIGNATURE: I, OWNER/AGENT PHONE NUMBER OF OWNER/AGENT: -7"83- 69 2( ln.,,A . e -s3- f0?8 Wk SSA March 5, 2003 fi , :� AV .* Mr. Todd Morley, CBO Building Department- City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 RE: Preliminary Plat Review—John Johanson - Review#3 SSA Job No. 95-0208, Task 046-1003 Dear Mr. Morley: SSA has reviewed the submitted preliminary plat for the above referenced project. Based on our review, SSA recommends said plat for City approval It should be noted that the City recommends a pre-application meeting with staff prior to submissions. Any format or data questions usually are answered early on. 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 hesitate to call. Si erely, 111 David Roy Jo -s, PLS Chief Survey.r DRJ:jIs City Engineer's Review Fee For Review#3—Included in Review#1 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$70.00 per hour. STO T1 LER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS,INC. 8680 North Atlantic Avenue P.0.Box 1630 Cape Canaveral,Florida 32920 Tel 321-783-1320 Fax 321-783-7065 Lie.#?AAC000329 #EB0000762 `l.LB0006700 11filesorverlusers1joan sottorivakrvil1projectslcape'J-johnjohanson prelim plat review 3.doc UL/1OfGC/U..7 lam.CJI !0.7:7.770 t.trvf u r 1-1W1- cry 77 a r. ? 6' A .. T a 1 1- - '-f. t .'a.. .x. S zu_ i` ..a� � t 1 i .., • Y -,..,w? L 71. i' —,.,-:..... -'.4•7,i'+:r2� .rw->a': �. , .f.�4 J.r-,-....:_k:- . fit'.! u 'y�'d. y 1t� J' .3„ A„� �rr,t LY'- i ; fi...1 'hpw K 1`, I7vPa� ... 7 4n?1 Pi! Ir 1- -,, :y 1.4 1., 1•i',, v 3S"_.,? ,i,l ,;t .e+ .n' L: .t MEMORANDUM To: 'Todd Morley, Acting Building Official From: John.1. Cunningham, Asst. Fire Chierty. Date: 02-19-2003 UJ` Rc: John Johanson- Preliminary Re-Plat 2nd submittal I have reviewed the plans and have no comment at this timc. swim,p1 190.1A(:KSONAVENUE • (:APE CANAVERAL., l'LORl1)A32920 • (321) 783-4777 • FAX: (321) 783-5398 ritian:Z 8970 C()1,111\,1111A ROAI) • (:APE CANAVERAL. FLORIDA 32920 • (321) 783-4424 • FAX: (321) 783-487 Memorandum To: Todd Morley, CBO, Interim Building Official From: Todd Peetz, City Planner Date: February 18, 2003 • Subject: John Johanson - Preliminary Replat 2nd Submittal The application for a re-plat appears to be consistent with the land development code and comprehensive plan. I am available to discuss this further if you have questions, please feel free to contact me at 407-249-1503 or by E-mail Planning4u2@aol.com. MEMORANDUM TO: Todd Morley, Interim Building Official TO: Todd Peetz, City Planner FROM: Ed Gardulski Public Works Director RE: Preliminary Re-Plat 2' Submittal John Johanson DATE: February 19,2003 The Public Works Department has reviewed the re-plat of the above project and does not have any further comments or concerns t'd WdE0:6O EC3OZ •qaJ SEE Tess : -ON };dd 1ddG 001E Od'd3rltiNti3 2d'D : WOdd • Y • C.. O rte P —, 0oti -0 al to 0 Q.. y Cr II. CD C4 CD r -1 o o `dii ., n..ir. '�i Itl 11 a .ti tea'„ t a .it r ><^^r"'?cz : V7 ,� ar.s w i f n ,..., ,„,.... it,,,,— g...."ea 107.111111014 . .4255 0... ..,tic.....-4....,,natrAl ve.vIAN.,1„..rr, .- M • Shz ig .,ter k x rr�.i dip i PoN�u' Sen* By: BROYM,WARO,SALZMAN&IEISs,P•A, ; 407 425 8506; Feb-6-03 8:13PM; Page 2/0 • BROWN, WARD SALZMAN & W EISS, P.A. AttOr e s at 1_,aIIr Ucher L.ErrwnC)rrCea in Orlando,Fssimmee, Debra S.?.tbb SLIorxx D'Agreste Cocoa& 1.5e Anthony A.Gargsntse° JefT4 K 6ttnit Gary S.Setzrna " K Nyman .conn H.Warc1 c,n U.P1edera ant,Jr. Jeffrey S.Weiss :caepF E.bin .`orrnihr A.MYctweei Mictwe A.Receh viicerx E.3:enaica 'goOrc Gentled CA Trlsi Jveyar 'Soatd Cerlifed Eusiass Li5gattr Large., c in.J O'Lwry 'Baum Cruhci Cay,County&Loci!Gc•.e.nwrcnt Le'iv CfCoun:ef February B: 2003 V7a Facsimile Only Mr. Bennett C. Boucher, City Manager City of Dace Canaveral 105 Polk Avenue Cape Canavera , FL 32920 Re: Shores of Artesia, Phase Two - Vested Rights Determination City cf Cape Canaveral - General File No. 513-001 Dear Bennett. 'This letter is in response tc your request for background information regarding the vested nahts determination hearing involving Phase Two of the Shores of Artesia site plan and plat. The vested rights hearing :s schedules to be heard by the Planning and Zoning Board ("P&.Z Board') a, its meeting scheduled fcr February 12, 2003. Because :he Caps Canaveral Code Coes not contain a Specific vested rights procedure, the P&Z Board should consider the following: L Issue: . Eased on convetent substent:ai evidence, whether the Shores of Artesia, Phase II, site plan (aAcia Sand in the Shoes site plan prepared by Alien Engineering Inc., dated November 29, 1 Set) is vested, II, General Facts; A. A plat entitled Shores of Artesia, Phase Two. was approved by the City of Cape Canaveral Planning & Zoning Ccmmiss cn cn September 12, Raoinacr St-et:,Sale •P.O.Bax 287-Orlando,Fkiidra 325.,^2-25'3 Orlando(407)�366e Fat(407)at2 - 596-Kissimmee('..2',)442-0144•Cocoa&Vlera(c'56)4 -9,51:43 Websi+r.vmn.or+arditirw.nst•E•.'rt1:1h iOccsa zoi.m.net Sart By: BROWN,WARD,£ALZMAN&WEISS,F.A.; 407 425 Q506; Feb-6-03 8:14PM; Page 3/ • Mr. Bennett C. Boucher, City Manager City of Cape Canaveral February 6, 2003 Page 2 1954 (*Pie). As a recorded plat, the Flat is vested uniess vacated and annulled by the City Council in accordance with Chapter 177, Florida Statutes. 8. There appears to be a previously approved site plan entitled "Sand in the Shoes' prepared by Allen Engineering, dated November 29, 1982. The site plan consists of 2, 3, and 4 unit town homes ("Site Plan"). The separation walls of the town home units appear to correspond to the lot lines on the Plat. C. According to Allen Engineering, the Site Plan Is being daveioced Ir. two phases. Phase One has already been constructed and residents'occupy the units, Fhaae Two will proceed if the P&Z Board determines it is vested. D. According to Smith Construction & Development, Inc., water and sewer services are installed on the Phase Two property. Applicable Standard of Review and Law: The applicable standard of review and law Is very mpiex and beyond the scope cf this letter. The essence of the law, however, is as follows: A. STANDARD OF REVIEW. "Competent substantial evidence" is the evidentiary standard which should be applied by the P&Z Board to determine whether vested rights ex.st. Competent substantial evidence has been defined to mean sufficiently relevant and material evidence that a reasonable mind would accect as adequate to support a conclusion, .pegroet v. Sheffield, 95 So.2d 912 (Fla. 1957). B. APPLICABLE LAW. The common law of Vested Rights/Equitable Estoppel is appll�bie. In this case, the property owner would be permitted by law to complete Phase Two of the Slte Plan if it can demonstrate by competent substantial evidence that it has a vested project. The project should be vested if the property owner can satisfy the elements of equitable estoppel. The three(3) elements of equitable estoppel are: (1) a property owners good faith reliance; Sent By: BRCJww,WARD,SAL2uAN& Iss,P.A.; 4C7 425 Q508; Feb-6-03 8:14?M; Pep 4/a Mr. Bennett C, Boucher, City Manager City of Cape Canaveral February 6, 2003 Page 3 (2) cr some act or omission of the government; and (3) a substantial change in position or the incurring of excessive obligations and expanses so that it would be highly inequitable and unjust to destroy the right he acquired. Franklin County v. Leisure Properties, Ltd,, 430 So.2d 475 (Fla. 1' DCA 1983). Stripped of legal jargon, (1) Estoppel amounts to nothing more than an appllcatio.^, of the rules of fair play. (2) One party will not be permitted to invite another onto a welcome mat and then be permitted to snatch the mat away to the detriment of the party Induced or permitted to stand thereon, (3) A citizen is entitled to rely an the assurances or commitments of a zoning authority and if he does, the zoning autcrity is bouna by Its representations, whether they be in the form of words or deeds, Town of Large v. Imperial Homes Corp., 3C53 S0.2d 571 (Fla. 2d DCA 1575). iV. Applicable Ordinance: Sec. 11 C-224 of the Cape Canaveral Code states: All site plans under this article snail expire in 12 months from the final approval of the planning and zoning board, unless thQ building permit is issued or the applicant files with the city in writing a time extension for such site plan. The planning and zoning board shall recommend at its discretion such requests for city council approval by resolution only if justifiable cause is demonstrated and there have been no changes in any regulations in the interim. If granted, there shall be a one-time extension for no longer than six months. (Emphasis added) Since a building permit Vies issued to construct Phase One and the water and sewer infrastructure in Phase Two,this section arguably does not apply. Therefore, based on the facts known today, Sec. 110-224 would not appear to be a basis tc conclude that the Site Plan has expired. Gent By; BA0WN,WAPD,6ALZMANBWEISS,P,A.; 407 425 9596; Feb-6-03 8:14PM; Page 5/0 Mr. Bennett C. Boucher, City Manager City of Cape Canaveral February 6, 2003 Page 4 V. Recommendations: A Vested Rights determination is a quasi-judicial proceeding. Therefo-e, it is very fact intensive and due process of law is applicable. The burden to demonstrate Vested Right is on the property owner. It is, therefore; recommended that the P&Z Board consider the information and applicable law included as part of this letter. Further, the P8Z Board must permit the property owner and other interested parties an opportunity to present any other competent substantial evidence relevant to the property dwners petition for a Vested Rights determination. In fact, it is highly recommended that the P&Z Board request that the property owner provide a detailed historical background on the development of this prciect. If he P&Z Board determines that the property owner has demonstrated by cc,ipetent substantial evidence that the elements of equitable estoppel are pLtsfied end the Phase Two Site Plan is -,rested, Phase Two should be allowed to proceed at the subject property under appiieable City Codes and law. ' ry ly yours, Anthony A. Garganese City Attorney AAC;jf Enclosures: Smith Construction & Development, Inc.'s letter, dated January 17, 2003, cc: Joyce Gurnpher, Allen Engineering, Inc. (via facsimile) Sent By; BnOWN,WAAD,EALZMAN&WEISS,P.A.; 407 425 9598; Feb-6-03 8:14PM; Page 6/a i . SMITH CONSTRUCTION $c DEVELOPMENT , iNG . January 17, 2003 To: Allen Engineering From: Roger Smith, Smith Construction & Development, Inc. Per your request, the following is a confirmation that the water arid sewer services ate installed on the property Located in Cape Canaveral known as Shares of Artesia Phase II. Just two days ago I walked the property with_Watson Paying & Construction who is bidding my site work and we did verify that the utilities are in. ityou need anything further please contact me at 407.359-2608: eSin ly, / .10 , . •ger Smith 5300 South Orange Avenue • Orixndo, FL 32209 Tel; (407) 859-2608 • Flx- (407) S26-9980 SAND IN THE SHOES, INC. A.K.A. SHORES OF ARTESIA PHASE TWO, TRACT 14. 8501 RIDGEWOOD AVENUE CAPE CANAVERAL, FL 32920 COLETTE CANNON, PRESIDENT 321-783-4816 WILLIAM L. CANNON3�3 ALLEN AND LONA BELL �I;TK1�'�Ti_,;�o GERALD AND ELAINE GIBSON Ma`'°' City Lour::: FRANK M. COLOMBO City M«. City MARCH 2, 2003 Pub. '2.;.: t;rt. :ce' Ji TO MR. BENNETT BOUCHER, CAPE CANAVERAL CITY MANAGER. DEAR BENNETT, I AM A RETIRED ACCOUNTANT, NOT A SEASONED DEVELOPER. THURSDAY FEBRUARY 27, I JUST FOUND OUT ABOUT THE 30 DAYS TIME FRAME LIMIT THAT COULD AFFECT ANY OPTION OF APPEAL. I AM REQUESTING AN EXTENTION SO MY ATTORNEY HAS THE TIME TO REVIEW THE CASE. I AM UNDER THE IMPRESSION FROM OUR CONVERSATIONS THAT THE MATTER CAN BE RESOLVED IN-HOUSE WITH POSSIBLY A COUNCIL MEETING MARCH 18. I WANT YOU TO KNOW, THE REASON I RETAINED A REAL ESTATE ATTORNEY IS NOT WITH THE INTENTION TO SUE — BUT TO PRESERVE THE LEGAL OPTIONS I COULD HAVE LOST FOR LACK OF KNOWLEDGE ON MY PART. CLIFTON A. McCLELLAND REPRESENTS SAND IN THE SHOES, INC. HIS PHONE NUMBER IS 321-984-2700. THE LAND SAND IN THE SHOES, INC. PURCHASED APRIL 1980 WAS VIRGIN LAND, MOT JUST UNIMPROVED LAND. BESIDES THE $35,270 FOR SEWER; WATER; DRAINAGE INSTALLATION SPENT IN 1983 —THERE WERE COUNTLESS OTHER EXPENSES TO TRANSFORM THIS 1980 VIRGIN �pALL ND INTO READY TO BUILD 19 PLATTED LOTS. I AM IN THE PROCESS OF MAKING A THE CONSIDERABLE SITE PLAN EXPENSES, THANK YOU FOR YOUR HELP. SINCERELY YOURS, iJ COLETTE CANNON CC: MR. CLIFTON A. McCLELLAND SAND IN THE SHOES, INC. A.K.A. SHORES OF ARTESIA PHASE TWO, TRACT 14. 8501 RIDGEWOOD AVENUE CAPE CANAVERAL, FL 32920 COLETTE CANNON, PRESIDENT 321-783-4816 WILLIAM L. CANNON ALLEN AND LONA BELL GERALD AND ELAINE GIBSON FRANK M. COLOMBO FEBRUARY 19, 2003 TO WHOM IT MAY CONCERN, SAND IN THE SHOES, INC. HISTORY: SAND IN THE SHOES, INC. WAS FORMED IN 1980 BY SEVEN LOCAL RESIDENTS WITH "SAND IN OUR SHOES." THE PURPOSE WAS TO BUY LAND AND BUILD TOWNHOUSES. APRIL 14, 1980 SAND IN THE SHOES, INC. PURCHASED UNIMPROVED TRACT #14 & #15. TRACT #13 WAS ALSO PURCHASED AND COMBINED WITH TRACT #15. TRACTS #15 AND #13 WERE LATER KNOWN AS SHORES OF ARTESIA, "PHASE ONE" TRACT #14 WAS LATER KNOWN AS SHORES OF ARTESIA, "PHASE TWO" JOHN ALLEN ENGINEERING WAS RETAINED TO DESIGN THE SITE PLAN AND TO OBTAIN ALL THE NECESSARY APPROVALS FROM THE CITY, ST. JOHN RIVER AND OTHERS. . THIS WAS ACCOMPLISHED BY 1983-84. THE FINAL APPROVED PLAT PLAN DESIGNED BY JOHN ALLEN WAS RECORDED WITH 40 PLATTED LOTS -- LOTS 1 TO 21 KNOWN AS SHORES OF ARTESIA "PHASE ONE." LOTS 22 TO 40 KNOWN AS SHORES OF ARTESIA "PHASE TWO." AS SAND IN THE SHOES, INC. PRESIDENT, I SIGNED PHASE TWO NOTARIZED PLAT PLAN JULY 10, 1984. IT WAS SIGNED BY SURVEYOR JOHN CAMPBELL JULY 10, 1984; APPROVED BY PLANNING AND ZONING COMMISSION, RICHARD THURM, SEPTEMBER 12, 1984; AND APPROVED BY THE CAPE CANAVERAL CITY COUNCIL, MAYOR RUTHERFORD, SEPTEMBER 18, 1984. IN 1980, UNINPROVED TRACT #14 ASSESSED VALUE WAS $23,520 OR $1,238 PER LOT. IN 1984, IMPROVED READY TO BUILD TRACT #14, WAS RECORDED AS SHORES OF ARTESIA "PHASE TWO" CONSISTING OF 19 IMPROVED LOTS WITH ALL UTILITIES AND RECORDED AS LOTS 22 TO 40. THE ASSESSED VALUE WAS $209,000 OR $11,000 PER LOT. THE DIFFERENCE BETWEEN THE ASSESSED VALUE OF UNIMPROVED LAND $23,520 AND IMPROVED READY TO BUILD LAND IS $185,480 ($209,000-$23,520.) OR $9,762 PER LOT. PAGE 2. WITH 14% PLUS MORTGAGE INTEREST, THE REAL ESTATE MARKET WAS SUPER BAD AND THIS DIFFERENCE WAS NOT DUE TO INCREASED MARKET VALUE - BUT TO THE WORK PERFORMED BY CHEROKEE ENTERPRISES TO INSTALL ALL UTILITIES (SANITARY SEWER; WATER SYSTEM; STORM DRAIN.) THIS ATTACHED $35,270 BILL DOES NOT INCLUDE ASSOCIATED BILLS FOR SURVEYS, ENGINEERING, ETC. THIS $35,270 PLUS COST TO INSTALL THE UTILITY WAS PAID WITH 1983 DOLLARS AND IT REPRESENTED A VERY LARGE EXPENSE AT THE TIME. MY BUSINESS PLAN FOR SAND IN THE SHOES, INC. WAS TO BUILD THE ENTIRE COMPLEX IN INCREMENT OF AROUND EIGHT TOWNHOUSES. THE FOUR OF US WOULD BUY THESE UNITS AT COST. RENT THEM, RESALE THEM AND REPEAT THE PROCESS. PAYING 14% MORTGAGE INTEREST MADE THE ROSY PLAN TURN PRETTY DARK. I BEGAN TO WORRY ABOUT THE TIMING OF MY PLAN AND ASKED HARRY KELLER, THE BUILDING OFFICIAL AT THE TIME, HOW LONG WAS MY PLAT PLAN VALID? HIS RESPONSE WAS THERE WAS NO EXPIRATION DATE; THE PLAT PLAN WAS RECORDED AND VESTED. I ASKED THE CITY ATTORNEY, JO SCOTT THE SAME QUESTION AND RECEIVED THE SAME ANSWER EXCEPT HE QUALIFIED HIS ANSWER BY ADDING, SAND IN THE SHOES, INC. MUST REMAIN THE OWNER OF THE APPROVED AND RECORDED PLAT PLAN. I RELIED ON HIS ANSWER AND ADVICE. WE ARE THE SAME SEVEN ORIGINAL SHAREHOLDERS TODAY AS WE WERE IN 1980. BEST OF ALL, WE ARE STILL CLOSE FRIENDS ALTHOUGH THE 1986 SHUTTLE ACCIDENT PUT US IN A DEEP FINANCIAL HOLE FOR SEVERAL YEARS. THE SEVEN OF US WERE WORKING PROFESSIONALS WITH GOOD INCOME BUT RICH OR WEALTHY DID NOT OR DOES NOT APPLY TO US. WE ARE NOW RETIRED AND IT IS TIME TO EXPECT A PROFIT ON OUR INVESTMENT AND MY LEADERSHIP. I AM NOT AN ATTORNEY BUT IF I READ MR. ANTHONY A. GARGANESS' LETTER CORRECTLY, SAND IN THE SHOES, INC. IS VESTED. COLETTE CANNON GHER0KEE P.O. BOX 3595 (305) 773-1777 - 7IALANTIC, FL 32903 � (305) 784-1377 ENTER \ \ G , 23 July 1983 PRISE S, Sand-in-the-Shoes ATTN: Mrs Collette Cannon Cape Canaveral, Florida RE: Final Draw Request No . 4 Sanitary Sewer: Original Contract Price $19,782. 90 Deduct Change Order #1 - 2,370.00 100% Complete $17,412 . 90 Water System: Original Contract Price $13,918.00 Add Change Order #2 + 1, 269.00 New Contract Price (100% $15, 187.00 Complete) Storm Drain Contract Price (100% Complete) $ 2,670.00 FINAL TOTAL: $35, 269.90 Less Prepayments -32,785.03 AMOUNT ,DUE: $ 2,484.87 2(ei,i4, 4 14/4v—•.. WARREN E. LIGHTFOOT President NOTE: Mrs Cannon - This company has found it a pleasure to work with you concerning this project. Please do not hesitate to call on us regarding future construction needs. July 27 , 1983 Approved for payme George H. Siebern Allen Engineering , Inc . 03/06/2003 09:54 7835398 CCVFD PAGE 01 a tr ays d 7, tF K. t_ ru eV {y x s 1 r y� ;t. M 5 J'` 1,*--n —,- < K F ;�F4t�� .1:4%,L-�e v :' �.,;.k n 5 p , y( f! �'�,{C�i �� y� i; �' ai / eq s ,044:,I''* : y } `' * A z, .l r • • 4 s,a r i s i { `l . , f* x 3r d "."�,T' i�i xa+l �. ,a:. �' S.m, P'''. ,. n �c aeiv�;i -w� ,;E'..se .. rem'` •-( + • ?1;, +,x�t&1 �j "� '10;4 t i .+i`i P �' 9 rt�,,,) f.a (WTI V. a IY L .. - f. -0 I�yt.,y�.4 1 AI2 r .� .��'w„,�s e hr ..y.;liiitp i. ...t.'hil�iq'i.!,411 -4-44"'"; _i _• , i. MEMORANDUM To• Todd Morley. Acting Building Official From: John .1. Cunningham_ Asst. Fire ChietJ Date: 03-06-2003 Re- Variance Request 02-13. Shores of Artesia,Phase 11 Section 110- 373, Minimum Setback, 110-374,Off street Parking; and Section 98-92, Streets. 1 have reviewed the variance request and have the following comment. 1. Must maintain a fire lane at all times,no parking on the street, signs shall be posted. 2. Shall provide additional litre hydrant. • Nt UE • (API::(:AN.AVE RAI.. F LO1(i l):\329_20 • (321) 783-4777 • FAX: (321) 783-53')S 5riunn=t ty0,l.�.(;ICSC)iV :aVfc • !'�.�' i?1)7fi3-�S�ii Suuion*2 5971)(.QLU\lliiA K0.11) • ('APE CANAVERAL .OIl1h.A .7,2920 • (321) 783-1424 : (• i APPLICATION FOR PLAT REVIEW fall. ta. C Or DATE OF SUBIIITTAL:. - 0 — ° 3 (NOTE: SUBMITTAL MUST BE SUBMITTED A MINIMUM OF 50 DAYS PRIOR TO THE PLANNING & ZONING MEETING; PLAT MUST MEET THE REQUIREMENTS OF SECTION 98-41 '1HKOUGH 98-62). IS THIS A PRELIMINARY PLAT, RE-PLAT, OR FINAL PLAT? & ?',ge.__Pd AMOUNT OF FILING FEE PAID: S 3r1. 50 AMOUNT OF ENGLNEERLNG DEPOSIT PAID: S 7 0e, DID BREVARD COUNTY. GEOGRAPHIC RESEARCH DIVISION PROVE THE REQUEST FOR STREET NAME, IF APPLICABLE? (NOTE: TH NEEDS TO BE DONE PRIOR TO SUBMITTAL). YES NO • N.A. PROJECT NAME: ALL Sdv£= C / v .„),4.) Wpm.— c PROJECT ADDRESS: ? i Y ) I4, 9 :�fq.97 S [116E-- 1) /i , -7 LEGAL DESCRIPTION: `3,Q, 2 ►' ' r g" 04) ' y Thio c-'4 OWNER(S) NAME: t9Li-- AP26 S CsCo • OVv'NER(S) ADDRESS: q 1 )) JL>iv Co L ,, i,"t C C t' L 2-j IQ PROJECT ARCHITECT/E_NGLN-EER: ? & c j /27 n- 7 Pa PHONE NO. OF ARCHITECT/E_NGLNEER: APPLICANT(S) SIGNATURE- - ci9--�� as,--z 1-1-0--z.—• OWNER/AGENT PHONE NUMBER OF OWNER/AGENT: 181-f q.)0 "1-1 . I y,ed Tad 71 it February 19, 2003 Mr. Todd Peetz FILE copy Planning Partnersip, Inc. 3585 Murrell Road, Suite A Rockledge, FL 32955 RE: Preliminary slat Review—All-Shores T o•wnhvl Iles Phase II - Review tit i SSA Job No.95-0208, Task 048-1003 Dear Mr. Reid: SSA has reviewed the submitted preliminary plat for the above referenced project. Based on our review, SSA recommends said plat 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 hesitate to call. (mincer (1..--\--jDavid Roy Joes, PLS Z y Chief Surveyor DRJ:jls CC: Susan L.Chapman City Engineer's Review Fee For Review n1 -$450.00 ) NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, • \ Engineering Fees for all reviews actei 2nd review will be billed at$70.00 per hour STOTTLER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS,INC. 8680 North Atlantic Avenue P.0.Box 1630 Cape Canaveral,Florida 32920 Tel 321-7S3-1320 Fax 321-783-7065 Lic.#AAC000329 #EB00007624LB0006700 — 1lfileserver\usersGoan sottornra1cid\projectslcapeV-all-shares townhomes phs 2 prefim plat review t doc MEMORANDUM •� TO: Todd Morley, Interim Building Official TO: Todd Peetz, City Planner FROM: Ed Gardulski Public Works Director RE: Re-Plat All Shores Townhomes DATE: February 19, 2003 The Public Works Department has reviewed the re-plat of the above project and does not have any further comments or concerns. In this e-mail, the Public Works Director would like to see more green space between drives. MEMORANDUM TO: City Engineer CCVFD Fire Official Public Works FROM: Todd Peetz, Planning Partnerships, Inc Tom Myers, Planning Partnerships, Inc. For the City of Cape Canaveral DALE: Q.— I (--C'3 I ( rz S Please review the attached t. - submittal of the above referenced - pi 0-- to ensure that the project meets the applicable code requirements. After reviewing the project, please advise Planning Partnerships, Inc. (PPI) of your approval or comments and concerns. PPI will be handling the tracking of this project and all future projects for the City of Cape Canaveral. You may submit your comments via e- mail to plans@communitvanalysis.com, via fax at (321) 632-2772 (9-5 M-F), or via mail 3585 Murrell Road, Suite A, Rockledge, FL 32955. If you use the e-mail, please include the name of the project in the subject line. Please your review as soon as passible Thank ynu. t •vGGJiv submit�Vwl 1L Y iv iv comments j.+v-✓a�.+�. J �1 7 ' Memorandum To: Todd Morley, CBO, Interim Building Official From: Todd Peetz, City Planner Date: February 18, 2003 Subject: Allshores Townhouses Phase II - Preliminary Replat 1st Submittal The application for a re-plat appears to be consistent with the land development code and comprehensive plan. I am available to discuss this further if you have questions, please feel free to contact me at 407-249-1503 or by E-mail Planning4u2@aol.com. DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS rue 2003 bySunrise Villas Townhomes, Jarri This Declaration made this 11th day of February, COp y Morgan, President whose mailing address is 413 Lincoln Avenue, Cape Canaveral, Florida 32920, hereafter referred to as 'Declarant.' WITNESSETH: WHEREAS, Declarant is the owner of certain real property located and lying and being in Brevard County, Florida,and more particularly described as: Sunrise Villas Townhomes Section 14,Township 24 South, Range 37 East Brevard County, Florida Legal Description: A parcel of land lying in section 14, township 24 south, range 37 east, Tallahassee base meridian, Brevard County,Florida and being more particularly described as follows: Commence at the northwest corner of the southwest one-quarter of the southwest one-quarter of said section 14; thence N 89 42'38' E, along the north line of the southwest one-quarter of the shouthwest one-quarter of said section 14, a distance of 936.66 feet to the westerly right-of-way line of North Atlantic Avenue (a fifty foot right-of-way as presently located); thence S 06 50'37'W, along said right-of-way line, a distance of 93.73 feet to the point-of-beginning; thence continue S 06 50'3T W, along said line, a distance of 72.56 feet to the north line of the lands described in official records book 1369, page 398; thence S 89 42'38'W, along said north line, a distance of 140.00 feet;thence N 00 17'22'W,a distance of 72.00 feet;thence N 89 42'38' E, a distance of 149.01 feet to the point-of beginning. Containing 0.239 acres, more or less and being subject to any easements and/or rights-of-way of record. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shail run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof, to wit: 1. The fcregoing recitals and declared to be true and correct and by reference are incorporated herein and made a part hereof as in fuly set forth. 2. There is hereby created in favor of each owner or purchaser, and their heirs, successors and assigns, an easement covering party walls to be placed equally on the line separating the dwellings to be erected and the property subject hereof. 3. The cost of maintaining the party wall shall be borne equally by the owners on either side of said wall. 4. In the event of damage or destruction of said wall from any cause, other than the negligence or intent of either party, the then owners shall, at joint expense, repair or rebuild said wall and each party, his heirs, successors and assigns, shall have the right to the full use of said wall so repaired or rebuilt. If either party's negligence or intentional act shall cause damage to or destruction of said wall, such negligent or willful party shall bear the entire cost of repair and reconstruction. 5. Neither party shall alter or change said party walls in any manner, interior decoration excepted and said party walls shall always remain in the same location as when erected, and each party to said common or division wall shall have a perpetual easement in that part of the premises of the other on which said party wall is located, for party wall purposes. 6. Each party shall permit the quiet enjoyment of the adjoining party in the party walls and will not permit nor commit any damage or destruction of the said party wail or of the foundation supporting the same and at all times shall give and grant to each adjoining party the right of full lateral support to the adjoining party's individually demised premises. 7. Neither party to the said party wall shall have a right to entry through the party wall into the close of the adjoining party either directly or indirectly. 8. There is reserved a 5' wide easement along the interior North,South and West boundaries of the above mentioned property, for public utilities, drainage and ingress/egress of the property owners of the Sunrise Villas Townhomes. 9. No owner of a dwelling shall make any structural modifications or alterations. Further, no owner shall cause any improvements or changes on or to the exterior of the building, except the addition of a screened porch/additional room at the rear of the dwellings or the installation of shutters or awnings. The aforementioned additions shall be compatible with the overall appearance of the dwelling and shall comply with the applicable governmental regulations. The installation of electrical wiring, air conditioning units and other things which might protrude through or be attached to the walls of the building are prohibited. Further, no owner shall in any manner change the appearance of any portion of the building as to color, paint, texture or similar without the joinder and consent of the adjoining owners, it being intended that all structures shall be uniform in color and appearance. C__de' tit '" a r�ut�ew .-‘ 12.1f33 10. No nuisances shall be allowed upon the townhouse property, nor any use or practice which is the source of annoyance to residents or which interferes with the peaceful possession and proper use of the property by its residents. All parts of the property shall be kept in a clean and sanitary condition and no rubbish, refuse or garbage allowed to accumulate nor any fire hazard allowed to exist. 11. No immoral improper, offensive or unlawful use shall be made of the townhouse property nor any part thereof; and the lawful order or decrees of all governmental entities having jurisdiction thereof shall be observed. The responsibility of meeting the requirements of governmental entities which require maintenance, modification or repair of the townhouse property shall be the same as the general responsibility for the maintenance and repair of the peoperty concerned. 12 Exterior parts of the buildings and the fences separating the townhouses shall not be used for hanging garments or other objects, for cleaning rugs or other house hold items. 13. Disposition of garbage and trash shall be by the use of garbage disposal units or by use of receptacles so that no garbage or trash will litter the area. 14. The easements, agreements and restrictions hereby created are and shall be perpetual and construed as covenants running with the land and each and every person accepting a deed to any lot in said multiple unit shall be deemed to accept said deed with the understanding that each and every other purchaser is also bound by the provisions herein contained, and each and every purchaser, by accepting a deed to any lot shall thereby consent and agree to be bound by the covenants herein contained to the same extent as though he had signed this instrument. The undersigned, in executing and delivering deeds to said lots shall insert in said conveyance, by reference, that the same are made subject to the terms, conditions, reservations and covenents herein contained. For the breach of any of the above restrictions, reservations, easements and covenants, each party shall be entitled to apply for relief by injunction in addition to any other remedy available to them in law or equity. 15. This Declaration shall enure to the benefit and apply to any existing or subsequent mortgage holders on the premises described herein. IN WITNESS WHEREOF, this Declaration is being excuted this /-21 day of r: , 200 3. WITNESSES: BY: S 1,4,1/7i nic S1 cJv/✓(�/ c Sign Name: 5. s—=.t-uur le�, d l( L + � Print Name: - APPLICATION FOR PLAT REVIEW DATE OF SUBMITTAL: 02 - 1/ - 03 - (NOTE: SUBMITTAL MUST BE SUBMITTED A M1NL1IUM OF 50 DAYS PRIOR TO THE PLANNING & ZONL\G MEETING; PLAT MUST MEET THE REQUIREMENTS OF SECTION 98-41 THROUGH 98-62). IS THIS A PRELLNILti ARY PLAT, RE-PLAT, OR FL\AL PLAT? if I•'- 1 AMOUNT OF FEING FEE PAID: S. -- --,----.41r"?"--- 3 7 5- C' AMOUNT OF ENGLNEERLNG DEPOSIT PAID: S . -70 o s•c,c) E Y DID BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NAME, IF APPLICABLE? (NOTE: THIS NEEDS TO P DONE PRIG TO SUBMITTAL). YES NO - N.A. CO PROJECT NAME:Edit) �• S r I)t'L-L,-5 / Lod b'm6.S PROJECT ADDRESS: • LEGAL DESCRIPTION: Sex /-/72iGfilr OW=N-ER(S) NAME: -M C P IA) -TdC_ OWNER(S) ADDRESS: 1113 Li :JCo L,v) -9t/i- ((1 7t L 3 2-52_b PROJECT ARCHITECT/ENGLNEER: PHONE NO. OF ARCHITECT/E_NGLNEER: APPLICANT(S) SIGNATURE• 4,-,-,_e_-..--'7-7, n.z.,_ -,- 752.1....L._ 0WN AGENT PHONE NUMBER OF OWNER/AGENT: .3I- 7g id Z it / 3.- ? YI t SSA March 5, 2003 • Mr. Todd Morley, CBO Building Department- City of Cape Canaveral 414111 105 Polk Avenue Cape Canaveral, FL 32920 RE: Preliminary Plat Review—Sunrise Villas Town homes - Review#2 SSA Job No.95-0208, Task 049-1003 Dear Mr. Morley: SSA has reviewed the submitted preliminary plat for the above referenced project. Based on our review, SSA recommends said plat 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 hesitate to call. �inc\ely, David Roy Jon s, LS�� Chief Survey DRJ:jls Cc: Mr. Todd Peetz, Planning Partnerships, Inc. City Engineer's Review Fee For Review#2—NIC 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$70.00 per hour. STOTTLER STAGG S 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 1.ic. #AAC000329 #EB0000762 4L130006700 Ukeserverlusersljoan sottorivalciid\projeclslcapell-sunriseviiaslownshome pre pI:t review 2.doc • Page 1 of 1 Susan Chapman From: Tom Myers [tmyers©cfl.rr.com] Sent: Wednesday, March 05, 2003 9:50 AM To: Todd Morley Cc: Susan Chapman Subject: Sunrise Villas Townhomes - Review March 5, 2003 Mr. Todd Morley, CBO City of Cape Canaveral Building Department 105 Polk Avenue Cape Canaveral, FL 32920 (via e-mail) RE: Preliminary Plat Review- Sunrise Villas Townhomes - Review#2 Submitted 3/5/03 Dear Mr. Morley: • PPI has reviewed the preliminary plat submitted this morning for the above referenced project. Based on our review, PPI recommends the plat for City approval. The applicant must still meet all other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions, please feel free to call. Sincerely, Tom Myers, Principal Planning Partnerships, Inc 03/05/2003 _ s MEMORANDUMIP TO: Todd Morley, Interim Building Official TO: Todd Peetz, City Planner FROM: Ed Gardulski Public Works Director ��. �. ( j RE: Re-Plat Sunrise Villas Townhomes DATE: February 19, 2003 The Public Works Department has reviewed the re-plat of the above project and does not have any further comments or concerns fA' '; r 7: t ' 54A EAkb ' , , J} -3,',.'''' d' /'. co 9``'' City of Cape Canaveral . ram ._,. zr..,. ....,aii:!, 1 f. , , AkiAt4 F 1 ' Ale ! i . February 12, 2003 '� (' I';;'. Brown, Ward, Salzman & Weiss, P.A. CIO Anthony Garganese, City Attorney P 0 Box 2873 Orlando. FL 32802-2873 Re: Sunrise Villas Townhomes - Preliminary Plat Review of Declaration of Covenants Dear Anthony: Please review the enclosed Declaration of Covenants for the above referenced project. The Final Plat will be presented to the Planning & Zoning Board on March 12th if all comments/concerns have been satisfactorily addressed by noon on February 26th. If you have any questions, please give me a call. Thank you. Sincerely, _ n Susan L. Chapman Planning & Zoning Board Secretary 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.mvflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com .l` \ } t- _ 1 i �4 -Yni � ,Y y1� = �`-" � tis 5 . \ n u' 4 r [--- . ;_, / _.-- / f r , �� ! 'r � 1 1 1� � z, aB � / � j FF J CD < b 41 CO (9 r• t: �, n AD a a GG m W eD • cr 1 01 H b m 4O go 8 .- :: g o ag a CD 11111 r En Y ~.cn - lIT , , :tai P !IDA 11111E, - !1 O o6^f4.e t,a An ^' iL. .i`tH, 221 ;r 1 --::::": P�1 re. .s2Cti9�Y �w� I-4011 ��� ll11! € y1 inre .•,--,.... , ...._._ ,__,.._. tlail _{ . .... fl . _ ...„ 3 ai- ... • A Regular Meeting of the Planning & Zoning Board was held on February 26, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. MEMBERS PRESENT Bea McNeely Chairperson Leo Nicholas John Fredrickson Andrea Shea -King Walter Schoenfeld Alternate MEMBERS ABSENT Lamar Russell Vice Chairperson OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz Staff Representative Jeffrey Buak Assistant City Attorney NEW BUSINESS 1. Approval of Meeting Minutes: February 26, 2003. The Board complimented the Board Secretary on the meeting minutes. Motion by Mr. Fredrickson, seconded by Mr. Nicholas to approve the meeting minutes of February 12, 2003. Vote on the motion carried unanimously. Chairperson McNeely announced that the Business and Cultural Development Board will be hosting an art show at the Public Library on March 7th, between S -S p.m. and all members were invited. Chairperson McNeely explained how the order of business would be conducted at this meeting and limited audience speaking to three minutes. All persons giving testimony were sworn in by Attorney Buak. Chairperson McNeely announced if the Board would entertain adding two items onto the Agenda. One item was a proposed ordinance regarding height of vegetation and the other was a proposed ordinance clarifying requirements for special exception requests. Motion by Mr. Fredrickson, seconded by Mr. Schoenfeld to add two items onto the Agenda. Vote on the motion carried unanimously. 2. Review and Motion Re: Site Plan Approval of Ocean Woods West - Paul Winter Project Engineer. iineer. Mr. Peetz, City Planner, advised that this property had received a special exception to allow residential use; the special exception was limited to 19 units; staff reviewed the site plan and recommended approval. Ms. Holly Myers, Project Planner, gave an overview of the project details. She advised that the project has not changed since the special exception was approved. Ms. Myers entered exhibits which included proof of roadway ownership and a copy of the property title (Exhibits A & B). Mr. Fredrickson advised that the main issue of this entire project was the verification of the road ownership. Mr. Nicholas questioned if the conditions of the granted special exception had been met. Ms. Myers advised that she had met with the Ocean Woods Home Owners Association and provided them a copy of the site plan. She advised that there was no mention of a concern regarding the proposed name of this project by the Ocean Woods Home Owners Association at that time. Assistant City Attorney Buak briefly reviewed the entered exhibits and could not determine the validity of property ownership based on those exhibits. He advised that the name of the project was a civil matter. City Planner Peetz confirmed that parking could be provided within the 50 ft. setback, as depicted on the site plan. Chairperson McNeely questioned if a traffic study had been submitted. She advised that the Level of Service Standard in June, 2001 was at a level "D". Chairperson McNeely advised that there was no key provided on the submitted landscape plan to verify the types of vegetation proposed to be planted. Discussion followed regarding the proposed fencing around the pool area. Chairperson McNeely voiced her concern that if the proposed vegetation encroached on the sidewalk along Ocean Woods Boulevard it may be a potential hazard. Mr. Nicholas pointed -out that the survey provided by Ms. Myers at this meeting had a different boundary that what is shown on the submitted site plan. He questioned how the easement would be protected for the single family home on Sea Shell Lane. Ms. Myers responded that the easement is forever. Mr. Fredrickson advised that this developer was well aware that the residents of Ocean Woods did not want access for this proposed development on Ocean Woods Boulevard. He questioned if the developer had applied for permit for access directly on N. Atlantic Avenue. Ms. Myers responded that no permit has been applied for. Chairperson McNeely read the conditions of the granted special exception. She pointed out that one of the conditions was that the developer grant a 20 ft. easement to the City along N. Atlantic Avenue. The Board reviewed the site plan checklist with Ms. Myers and voiced concerns regarding ingress/egress traffic impact to all affected property owners. Planning & Zoning Board Meeting Minutes February 26, 2003 Page 3 ( Joy Gillian, President for the developers association, advised that the units would consist of two bedrooms, two and one-half bathrooms, with a two car garage. She advised that there would not be any loading zones; boats and recreational vehicles were prohibited; and there would be a pump house to store the pool equipment. Richard Worley, resident of Ocean Woods, objected to naming this project Ocean Woods West because of ensuing confusion. He questioned who owned the road and voiced his concern regarding access on Ocean Woods Blvd., especially because the city engineer determined that the road was a sub -standard and questioned who would make repairs to the road after heavy equipment loads. Joe Sarabia, resident on Harbor Drive, voiced his concern regarding the dumpster location because it was located directly behind his property which could create problems with odor and rodents. Mr. Sarabia voiced his concern regarding pedestrian traffic cutting through Sea Shell Lane onto Harbor Drive to access the beach. He suggested that dense landscaping be planted to circumvent pedestrians from walking between the buildings to access Sea Shell Lane. Donald Hall, resident of Ocean Woods, questioned why the applicant did not apply for a permit for the access on N. Atlantic Avenue. He was also concerned with ingress/egress on Ocean Woods Blvd. He noted that if the sidewalk width was expanded, it would have to be factored into the land use plan. Rich Emerson, resident of Ocean Woods, asked if the developer would be willing to put ingress/egress on N. Atlantic Avenue or at least apply for a permit with the County to see if they would approve the access. Carol Hunter, resident of Ocean Woods, requested that a traffic study be done for Ocean Woods Blvd. to verify the existing impact. Wanda Cook, resident of Ocean Woods, requested that the entrance for this project be located directly on N. Atlantic Avenue. Jim Haley, resident of Ocean Woods, also requested that the entrance be located on N. Atlantic Avenue. The Board members reviewed the concerns that they wanted the developer to satisfactorily address as follows: Determine if access can be provided on N. Atlantic Ave.; verify location of the fire hydrants; properly define and identify the proposed vegetation on the landscape plan; provide floor plans, even though they are not a requirement; define curbing on the site plan; provide a traffic study; clearly identify on the site plan that the sidewalks will be 5 ft.; verify all easements and property boundaries; clarify the height of the fence around the pool area; show the pump house for the pool equipment on the site plan; and bring the roadway (Ocean Woods Blvd.) up to City standard. Motion by Mr. Nicholas, seconded by Ms. Shea -King to postpone any action on this agenda item until the March 26th meeting. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes February 26, 2003 Page 4 ADD-ON AGENDA ITEMS: 1. Discussion and Recommendation to City Council Re: Proposed Ordinance No. 03-2003 - Heiaht of Vegetation. Assistant City Attorney Buak outlined the changes to the existing ordinance based on the Board's recommendation at the last meeting. Discussion was held regarding clarifying fencing requirements around pool areas and signage for "compact vehicle parking only" signs. City Planner Todd Peetz verified that the code does not define compact vehicles. The Board agreed that the width and length of parking spaces should be standardized, the ordinance needed to clarify what constitutes a permanent pool, and remove any reference to compact vehicle parking spaces. By consensus, Assistant City Attorney Buak will redraft the proposed ordinance and bring it back to the Board for reconsideration. 2. Discussion and Recommendation to City Council Re: Proposed Ordinance Amending Section 110-171. Establishments Serving Alcoholic Beverages. Assistant City Attorney Buak explained that this proposed code amendment clarifies that proof shall be provided of 51% of sales being from the sale of food during the annual occupational license renewal process. The proposed amendment also clarifies the scale for the floor plan required to be submitted with the request for special exception. Motion by Mr. Nicholas, seconded by Ms. Shea -King to recommend approval of the proposed ordinance to the City Council. Vote on the motion carried unanimously. There being no further business for the Board to consider the meeting was adjourned at 9:12 p.m. 1 Bea McNeely, Chairperson 61 Susan oard Secretary . _ i':'-:".::::-.''' ! 0 I 4pCE q�� -r 1 9 Cityof Cape Canaveral. - e ' i i ofilp V. 1 q ,. •= k — ______ _ 4)i,01 1 PLANNING & ZONING BOARD ' �- / I i I AGENDA ( 'I 111 POLK AVENUE i FEBRUARY 26, 2003 , '41 `a ' r' , 7:30 P.M. �' 1� , Qi itis. 1 1�����' Call to Order 'rr Roll Call ` /0slij r 1 . id3/69 NEW BUSINESSQ)Z1' r 1' 49. 1. Motion Re: Approval of Meeting Minutes February 12, 2003. 2. Review and Motion Re: Site Plan Approval of Ocean Woods West - Paul Winter, Project Engineer. 3 C rysAr. Urvv►+P.ii11 -� C� 41 kgtii0 i WW1. ' 1 I r4;) 1°s \()\ p� Q (\1111‘a P.!\._ _ 1 u4 ca6c"ke o 4'WII _ D5Wh 4 , i tpi\--. \-,,\\4 \<\,(\e/\ 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 Planning and Zoning Board with respect to any matter rendered 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 and/or Community Appearance 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 868-1221, 48 hours in advance of the meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com EP-18-2002 02:22P FROM: TO:TF-' 35 P:4 APPLICATION FOR SITE PLAN REVIEW at, : E319 .5L, IL E: lgJa.so DACE: a- 3-4:)a PROJECT NAME: 0Cean Woods 'tie,s+ LEGAL DESCRIPTION: PO r 1 a a o- .cl-i. 1 . I I. .0 L. /J , 37fAS� ) �C712 ‘.)-c�_pP 424,JPn4.1, grey raC 6,),A jii-70,j4_, . iliac 11ac4e�a $Crij91(() OWNER(S) NAM: QCea4 wa s l)e<4 .1 Nc. :e.R(;S) ADDRESS: ?C, cD AL/441a44-k. i4ve. Cape- (tnoverrtl1 FL 32.g2o PHONE Nr mER: _ - • - . X c ��%H OCt. NAME OF ARCHITECT/ENGINEER: f c u I 14);nye('f P. E__ PHONE NZTYfER: 3a►- 6.36 - 4336 APPLICANTS SIGNATURE: 017z' ;--, -- 1.---- OWNER OR AGENT PHONE NUMBER: 32i- 636 `g33G • 1195 nF •0 EP-18-2002 02:22P FROM: T0:78= -,5 P:5 SITE PLAN APPROVAL INFORMATION SITE PLAN APPROVAL PROCEDURE: Step 1. Site PIan Submittal and Review Required: • Yes No Y New commercial building or structure? New residential structures with three or more dwelling units? V Commercial additions exceeding 850 square feet? If yes has been checked on any of the above, a site plan submittal and review is required. Step ?. Submit five (5) copies of the site plan signed andsea'. d by e Professional Engineer, licensed in the State of Florida along with a filing fee to the Building Department 30 days prior to the Planning and Zoning Board meeting. (The Board meets the 2nd and 4th Wednesday of every month.) The Building Department shall distribute the site plans to the following departments and return comments to the applicant within 10 days of its submittal. 1. City Engineer 2. Building Department 3. Fire Official 4. Florida Department of Environmental Protection (if appropriate) Step 3. The applicant shall return nine (9) copies of the revised site plan along with written responses to all comments at least seven (7) days prior to a Planning and Zoning meeting. Step 4. Compliance with Stormwater Concurrency Management. Step 5. The Building Department will return one (1) copy of the site plan to the applicant marked with the Board's approval subject to contingencies (if applicable.) v -c 9jr rj P-18-2002 02:23P FROM: TO:7P" L5 P:6 SITE PLAN CHECKLIST SITE PLAN INFORMATION: (C-enerai) Yes No N.A. Size, height, number of units and location of proposed and existing structures. Dimensions • Total gross area and percentage devoted to structures, parking and landscaping. Number of units Number of r:arkind spaces and loadina zone= Traffic flow diagram Density (units per acre) Location and dimension for the following areas: Park(s) Canal(s) Water --ay(s; Boat slip(s) Parking Swimming pools) - Driveway(s) V Recreation gIIc�� IP-18-200a 02:23P FROM: TO:78' 5 P:7 .. I 1 r 1 SITE PLAN CHECKLIST (CONri`I!ti1JED)_ t . PAGE ? 1 (es No N.A. / Trash 1Sidewalks Dune crossovers— _ —Z _ _ i Other (specify) 1.-:,-per enclosure for nm =ma1 trash container(c) Vi IFire alarm and standpipe data Vicinity map Location of planned lands pin= Finished c-ades for the following: Entre parcel V Finished floors / c........"+, , / Parking lots V Sidewalks 10" of adjoining property _17 — _ Details. sections and specifications Street lights — — _AZ / Water and sewer 3EP-18-2002 02:23P FROM: TO:77. :5 P:8 SITE PLAN CHEMIST (CONTINUED) PAGE 3 Yes No N.A. Paving and drainaQe t/ Curbs Storm drains Sidewalks J Eng•n erg E ^l -irai,vin i.uylue..♦ � ..e.=a �i:1 lit u r illaC Square rootage of building areas L.iZ lila Parking Other (specify) Total under roof Required notes: CidewniL� and sewers to be constructed to city of Cape Canaveral stanriar;i Water tines to conform to City of Cocoa standards Fire alarm system to be installed and connect to City of Cape Canaveral Fire Department standards. TOPOGRAPHIC SURVEY USC and G.S. datum plane Existing street lights 111011 10 OCEAN WOODS WEST Legal Description: DESCRIPTION : AS PROVIDED BY THE CLIENT A •PORTION OF SECTION 14 , TOWNSHIP 24 SOUTH , RANGE 37 EAST, CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF FLAT OF "REPLAT OF OCEAN WOODS STAGE ONE" AS RECORDED IN PLAT BOOK 25 AT PAGE 11 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N2° 59 ' 06"'W, ALONG THE WEST LINE OF SAID FLAT, FOR A DISTANCE OF 38 . 54 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N2° 59 ' 06 E, FOR A DISTANCE OF 240. 75 FEET; THENCE N0° 07141 "E . FOR A DISTANCE OF 120. 73 FEET; THENCE N2° 26' 04 "W, FOR A DISTANCE OF 34 . 16 FEET; THENCE N89° 52' 17 "W, FOR A DISTANCE OF 50. 05 FEET; THENCE N2° 26' 05"W, FOR A DISTANCE OF 23 . 88 FEET; THENCE N89° 52' 18 "W, FOR A DISTANCE OF 93 . 46 FEET; THENCE N1 ° 15 ' 50"W, FOR A DISTANCE OF 93 . 16 FEET TO THE SOUTH LINE OF HARBOR DRIVE ACCORDING TO THE FLAT OF "HARBOR HEIGHTS" AS RECORDED IN PLAT BOOK 13 AT PAGE 99 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N89° 52118"W, ALONG SAID SOUTH LINE, FOR A DISTANCE OF 109 . 81 FEET TO THE EASTERLY RIGHT—OF—WAY LINE OF OLD STATE ROAD 401 , HAVING WIDTH OF 60. 00 FEET; THENCE S7° 12' 26"W, ALONG SAID RIGHT—OF— WAY LINE, FOR A DISTANCE . OF 287 . 38 FEET TO THE NORTH LINE OF SAID ACCESS EASEMENT; THENCE ALONG SAID ACCESS EASEMENT THE FOLLOWING SIX ( 6 ) COURSES; ( 1 ) THENCE 582° 47 ' 34 "E, FOR A DISTANCE OF 42. 42 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 180. 00 FEET; ( 2 ) THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 25° 26' 37", FOR A DISTANCE OF 79 . 93 FEET TO THE POINT OF TANGENCY; ( 3 ) THENCE S57` 2O' 57 "E, FOR A DISTANCE OF 47 . 13 FEET TO A POINT OF CURVATURE OF A CURVE , CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF. 220. 00 FEET; ( 4 ) THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE , THRU A CENTRAL ANGLE OF 23° 18 ' 12" , FOR A DISTANCE OF 89. 48 FEET TO THE POINT OF TANGENCY; ( 5 ) THENCE S34° 02 ' 45"E , FOR A DISTANCE OF 79. 24 FEET TO A POINT OF CURVATURE OF A CURVE , CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 160. 00 FEET; ( 6 ) THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 21 ° 25 ' 49 ", FOR A DISTANCE OF 59 . 48 FEET TO THE POINT OF BEGINNING. 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L' oc �« dtnui ( g" of 4 Whae r°6 I hoLA/u.tked hatm_a p-rmd-, idea - CCOrn x: ' • ''•''mo o Dnp �cc DAd:too' P„:0 626/01;nr- 2—, ueemtniencio udOpiuz_ 600'14 (OL2_ efonsz_ • lam- ® • •^ CQJ at ;r CI[Q,i.v• O no+ Cala C cmc ' ' at* S c sr COI/WC-1p us_.' Lao ecur elwr aha0-nctin766,3C-40, � -� - 1() a • f(AQ- e. /d% uhembgyri) S out Pr ,�''$' 6w�� lair �lan o doh cox welt � LA6tiviemil)/- b 0,0cisz ' C each ?c ic" kkuuz mfott+A- 3 �o _ fro o <;oe BROWN, WARD, SALZMAN & WEISS, P.A. Attorneys at Law Usher L.Brown• Offices in Orlando,Kis.iimmct. Suzanne D'Agrasta° Cocoa Vitra Debra S.Babb Anthony A,Garganese' Jeffrey P.Buak Gary S.Salzman' Todd K.Norman John H,Ward• John U.Bledenham, Jr. Jemmy S.Weiss Joseph E.BAOch Jennifer A.Michael Michelle A.Reddin Vincent E.Scartatos 'Board Certfied Ci Tnal Lawyer 'Board Certffted Bus;Jness Litigation Lawyer 'Board Certified City.County&Local Government 1..201Erin CfaJ.O'Leary Cf Gounaei February 25, 2003 Sent Via Facsimile & U.S. Mail 321-8E8-1247 Ms. Susan Chapman, Board Secretary City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Proposed Ordinance Amending Section 110-171 Establishments Serving Alcoholic Beverages City of Cape Canaveral - General Our File No.: 513-001 Dear Susan: Please find enclosed herewith an Ordinance amending Section 110-171 of the City Code, regarding special exceptions for establishments serving alcoholic beverages. As you will recall, we were asked to review this section of the Code following the Board of Adjustments consideration of an application under this Section. We request that you place this item on the dias before the February 26, 2003 Planning and Zoning Meeting. We will request that the Board place this item on the agenda for consideration and recommendation to the City Council. Ordinarily, we would ask that the matter be placed on the next available agenda, but as there is an application pending, we would like to clarify the code as soon as possible. 225 East Robinson Street.,Suite 660•P.O.Box 2873.Orlando.Florida 32802-2873 Orlando(407)425-0566 Fax(407)425.9568•Kissimmee(321)40 4144•Cocoa&Viera(866)a25-9566 Webeile:www.orbndq(a*.te •Email:SmCktstandolaw.net Ms. Susan Chapman, Board Secretary February 25, 2003 Page 2 If you have any questions please do not hesitate to call our offices. Very truly yours. Je rey P. Buak Assistant City Attorney JPB/jd Enclosure: Proposed Ordinance cc: Bennett Boucher, City Manager (wlencls.) via fax 77dd Peetz, City Planner (w/encls.) via fax F.1Lewyeryeffb'CIty of Cape CanaveraftiConespondence\Chapman_Ord_Amd_Chp110-171_,A cotrol_LtrO22903.wpd I 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110-171 OF THE CITY CODE; PROVIDING FOR FILING REQUIREMENTS; PROVIDING FOR THE CLARIFICATION OF CODE REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art, VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City desires to clarify and correct the requirements for obtaining and maintaining a special exception for the sale and consumption of alcoholic beverages; and WHEREAS, the City Council of the City of Cape Canaveral, Florida. hereby finds this ordinance be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE 1T 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 reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Section 110-171 of the Cade of Ordinances, City of Cape Canaveral,Florida,is hereby amended as follows: (underlined type indicates additions and stria ut type indicates deletions, while asterisks (" * *) indicate a deletion from the Ordinance of text existing in Section 110-171. It is intended that the text in Sections 110-171 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Sec. 110-171. Establishments serving alcoholic beverages. (a) Establishments which shall require a special exception under this chapter by the board of adjustment are those, whether or not licensed by the state department of business and professional regulation,division of alcoholic beverages and tobacco which dispense, sell, serve,store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception City of Capc Canaveral Ordinance No. Page 1 of 4 application, the board of adjustment shall not approve the application unless it is totally consistent with all the conditions as set forth in this subsection and also the following: « * i (2) The establishment of a vendor license by the state division of alcoholic beverages and tobacco permitting on-premises consumption of beverages shall not be located within 2,000 feet of another licensed establishment.The specific distance shall be measured in a straight linc,without regard to intervening structures,from the closest exterior structural wall of each such establishment. Further, the establishment shall be in compliance with F.S. chs. 561 through 568. Provided,however, exceptions to this subsection are: * * c. Restaurants licensed by the state division of alcoholic beverages and tobacco for malt beverages only or malt beverages and wine only,provided the following arc complied with: * * * 3. A restaurant licensed under this exception shall not derive less than 51 percent of its gross income from the sale of nonalcoholic beverages and food prepared,sold and consumed on the premises. The obligation to sell 51 percent food and nonalcoholic beverages is a continuing obligation. It is a violation of this zoning code to sell wine and malt beverages granted under this exception unless the restaurant has derived at least 51 percent of its gross income from the sale of food and nonalcoholic beverages. Such percentage shall be determined by calculating the average monthly gross revenue from the save of food and nonalcoholic beverages for the immediately previous 12- month. period. The owner of the restaurant shall submit at time of occupational license renewal a signed affidavit attesting to the compliance of the required percentage. Occupational licenses sh_all_noibe renewed without the filing of such affidavit. Such affidavit shall be binding upon the owner of the restaurant. The owner shall also retain cash register receipts,guest checks and ledgers which may be reviewed at the request of the City to determine compliance. Failure to provide records requested shall be grounds for revocation of its occupational license and special exception granted under this section, The restaurant,if advertised, shall be advertised and held out to the public to be a place where meals are prepared and served. City of Cape Canaveral Ordinance No. Page 2 of 4 * * * (3) Package retail sales of alcoholic beverages for carryout, except for beer and wine sales,shall comply with subsections(a)(1),ea)(2-)c-5,(a)(4),(a)(5)a.3.and(a)(5)a.5.of this section only. * * * (5) Each application for a special exception shall be accompanied by a vicinity map. a site plan map and a building floor plan. * * * c. The building floor plan shall be of a scale appropriate for the establishment, but in no case shall the scale he of Tint less than one-eighth(l/8)inch equals one loot t rc?t and shall detail room layouts and exits. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances._nd resolutions adopted by the City Council,or parts of prior 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. 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. City of Cape Canaveral Ordinance No. Page 3 of 4 ADOPTED by the City Council of the City of Cape Canaveral,Florida, this _,2003. day of ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Btru Petsos SUSAN STILLS,City Clerk Rocky Randds Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE,City Attorney P:VJsryprWl(tl�rydCWCCa�r�IMNewrevtfP«Pacq_�kohWe G�nmetd Mpd City of Cape Canaveral Ordinance No. Page 4 of 4 BROWN, WARD, SALZMAN & WEISS, P.A. Attorneys at Law Usher L.Brown• Offices in Orlando,Kissimmee, Debra S. Babb Suzanne D'Agresta° Cocoa&Viera Jeffrey P. Buak Anthony A.Garganese° Todd K. Norman Gary S.Salzman° John U.Biedenharn,Jr. John H.Ward• Joseph E. Blitch Jeffrey S.Weiss Jennifer A. Michael Michelle A. Reddin Vincent E. Scarlatos February 19, 2003 'Board Certified Civil Trial Lawyer °Board Certified Business Litigation Lawyer Erin J.O'Leary Board Certified City,County&Local Government Law Of Counsel Ms. Susan Chapman, Board Secretary City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Ordinance 03-2003 Land Development Code Height of Vegetation City of Cape Canaveral - General Our File No.: 513-001 Dear Susan: Please find enclosed herewith revised Ordinance No. 03-2003. We have included the comments of the Planning and Zoning Board from their January 22, 2003 meeting. Please place this item on the next available P&Z Agenda for discussion and recommendation to the City Council. If you have any questions regarding this matter please do not hesitate to call our offices. Very truly yours, Je ey P. Buak Assistant City Attorney JPB/jd Enclosure: Ordinance 03-2003 cc: Todd Morley, Interim Building Official (w/out encls.) Bennett Boucher, City Manager (w/out enols.) F:\Docs\City of Cape Canaveral\Correspondence\Chapman_Susan\Ordinance_03-2003_Revisions_Ltr021903.wpd 225 East Robinson Street,Suite 660•P.O. Box 2873•Orlando, Florida 32802-2873 Orlando(407)425-9566 Fax(407)425-9596•Kissimmee(321)402-0144•Cocoa&Viera(866)425-9566 Website:www.orlandolaw.net•Email:firm@orlandolaw.net ORDINANCE NO. 03-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF ORDINANCES; PROVIDING FOR OFF-STREET PARKING SPACE ALLOCATIONS WITHIN THE C-2 ZONING DISTRICT; PROVIDING FOR DENSITY AND HEIGHT REQUIREMENTS FOR LANDSCAPING, SCREENING, FENCING, WALLS AND HEDGES; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS;PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City requires and permits certain height and density requirements for landscaping, screening, fencing, walls and hedges as well as defines off-street parking space allocations within the C-1 commercial and M-1 industrial zoning districts; and WHEREAS, the City has a similar need to establish height and density requirements for landscaping, screening, fencing, walls and hedges and define off-street parking space allocations within the C-2 commercial zoning district; and WHEREAS, the City Council finds that making applicable certain height and density requirements for landscaping, screening, fencing,walls and hedges and defining off-street parking space allocations in the C-2 commercial zoning district will create uniformity and consistency throughout its commercial and industrial zoning districts and further improve the aesthetic appearance in the C-2 district; and WHEREAS,zoning regulations placing conditions upon certain uses are enforceable where it is determined that a rational relationship exists between a legitimate government objective, such as establishing aesthetically pleasing corridors, and whether the regulation furthers such purpose. Restigouche, Inv. V. Town of Jupiter, 59 F.3d 1208, 1214 (11th Cir. 1995); 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. City of Cape Canaveral Ordinance No.03-2003 Page 1 of 5 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 reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Chapter 110 of the Code of Ordinances, City of Cape Canaveral,Florida,are hereby amended as follows:(underlined type indicates additions and strikcout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 110 ZONING Article I. In General Sec. 110-1. Definitions. *** Parking space, offstreet, consists of a minimum paved area of 200 square feet for parking an automobile,exclusive of access drives or aisles thereto. In areas of the city zoned M-1 oi C-1,C-2 or M-1, sites which require parking spaces for 400 or more vehicles may be allowed to utilize up to 25 perecent of those spaces for compact car parking. Compact car parking spaces shall consist of a minimum paved area of 160 square feet, exclusive of access drives or aisles thereto. *** Article IX. Supplementary District Regulations Division 1. Generally *** Sec. 110-470. Fences,walls and hedges. (a) Fences, walls and hedges may be permitted in any yard, except as specified in section 110- 469,and shall otherwise comply with provided the following height,density,and placement restrictions shall apply: (1) In any residential district(R-1,R-2 or R-3),no fence;or wall or-hedge in any side or rear yard shall be over six feet in height or over four feet in height if within 25 feet of any yard abutting any public right-of-way, unless otherwise specified in this section; City of Cape Canaveral Ordinance No.03-2003 Page 2 of 5 (2) In any residential district(R-1,R-2,R-3)where property abuts a public beach access parking area, the fence, wall, or hedge in a side, rear or front yard which abuts the public parking area shall not exceed six feet in height; (3) In any residential district(R-1,R-2,R-3)where property has a permanent swimming pool installed in a side or rear yard which abuts a public right of way,the fence,wall, or hedge in said side or rear yard shall not exceed six feet in height; (4) In any commercial(C-1)and or industrial(M-)-)districts,no fence,wall or hedge in shall be . • •_ = • over four feet in height if within 25 feet of any yard abutting the public right-of-way. When the boundary of a commercial or industrial zoning district abuts any residential zoning district, the maximum height of a fence; or wall or hcdge shall be six feet unless a greater restriction is otherwise provided for in the City Code; and al Any hedge located on property within a commercial or industrial zoning district, or a residential zoning district that abuts a commercial or industrial zoning district., shall have a minimum height at time of planting of three feet, unless otherwise provided by this chapter,and will be required to reach a density of at least 80 percent opacity within two years of planting; ffil No hedge planted or located in any zoning district shall exceed eight feet in height or over four feet in height if within 25 feet of any yard abutting any public right-of- way,unless otherwise specified in this section and shall not encroach into or impede the use of any public right-of-way, sidewalk or other easement utilized for public purposes; (fl Any hedge planted or otherwise established in accordance with this chapter shall be comprised of a desireable species of vegetation as defined under Chapter 102 of this Code, except that hedges shall not be comprised of trees. All hedges shall be maintained in accordance with Chapter 34 of this Code and all other applicable statutes, ordinances, and regulations affecting landscaping and vegetation; *** Sec. 110-566. Landscaping and screening for commercial and industrial zoning districts. *** (a) Such visual screen shall: *** (3) Be not less than four or more than eight feet in height, except as provided in section City of Cape Canaveral Ordinance No.03-2003 4 Page 3 of 5 110-470(a)(2)or as otherwise provided in this chapter. Any visual screening that solely consists of vegetation, with the exception of trees as defined under Chapter 102 of this Code, shall reach a density of at least 80 percent within two years of planting. All visual screening shall be maintained in accordance with all other applicable ordinances or regulations affecting vegetation or landscaping; and (d) Have a minimum of one ten-point tree value as defined in 110-567 which shall be planted every 35 feet with at least two five-point trees on the minimum 50-foot C-1 or C-2 lot and three five-point trees on the minimum 75-foot M-1 lot unless a greater restriction is otherwise provided for in this chapter. *** Sec. 110-567. Interior landscaping for offstreet parking areas. (d) Offstreet parking areas in C-1, CC=2, M-1 and R-3 districts shall have internal and perimeter landscaping as follows: *** (4) Parking areas in the C-1, C-2 and M-1 districts and parking areas in the R-3 districts that contain 16 or more parking spaces shall be planted to a width of at least two feet of the entire perimeter facing the public right-of-way,except for ingress and egress and sidewalks. The perimeter shall be planted with decorative shrubs and bushes not less than three feet in height to form a visual screen with a density of at least 80 percent within two years of planting. Perimeters facing such public right-of-way shall,in addition,have five tree value points planted every 35 feet with at least ten tree values on a minimum 50-foot C-1 or C-2 lot,and fifteen tree values on the minimum 75- foot R-3 lot unless a greater restriction is otherwise provided for in this chapter. *** Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council,or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. 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. Section 6. 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 City of Cape Canaveral Ordinance No.03-2003 Page 4 of 5 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 7. 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 , 2003. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney F:\Lawyer\jeffb\City of Cape Canaveral\Ordinances\Land_C2_Zoning_Height_Vegetation_.wpd City of Cape Canaveral Ordinance No. 03-2003 Page 5 of 5 Aao 4 A (4/ (9-th4k. _Dkn-ie) © -1.1)11:e;� ► : 1-14144 ;II 1A- ht,h)01-Ad 6.v,-k-g,, 4, /14,,i, %e- t41) 63 au rivxo 064t4J403-774,, .d,ti,weriA, &4r)Lertt,x0 /t+a,17 -14 r dh) (4A4-!-- AJAR n jyrA,,Lt ;A- e,-42L LcA <- 41,-e-e-na7f.4 6 s�� TA,t:t\) ),(2-0 attvx-0"I'. /cLuem -- c>'d141111A-1 161-1L"- 6-j a ‘014,,,y12-141; ) ate,.. J OCT-23-96 FRI 07:23 AM ISLAND TITLE FAX NO. 437 4538773 P. 02 ISLAND TITLE & ESCROW CORP. 2425 N. COURTENAY PKWY., STE. 107 IitIERRITT ISLAND,FL 32953 407-453-6099 FILE'O:98-4298 • OWNERSHIP AND ENCUMBRANCE REPORT Title is apparently vested in B C DEVELOPti1ER I.'CORP.,A Florida.Corporation,by virtue of Corporate Warranty Deed dated February 15, 1995,and recorded February 20, 1995,in O.R. Book 3456,Page 1422.of the Public Records of Brevard County,Florida. LEGAL DESCRIPTION: See exhibit"A"attached hereto ENCUMBRANCES: I.) Mortgage,B C Development Corp.,a Florida Corporation to Brevard Engineering Company Individual Account Plan and Trust,dated 2115195 and filed 2120/95 in Official Records Book 3456,page 1424,in the amount of S375,000.00,of the Public Records of Brevard County,Florida. 2.) Mortgage,Security Agreement and Assie-----^nt of Leases and rents,B C Development Corp,a Florida Corporation to Southern Lakes,inc.,a Florida Corporation,dated 2175/95 and filed 2/20/95 in Official Records Book 3456,page 1440,and re-recorded in Official Rccordaw Book 3464,Page 4472,of the Public Records of B_ysatd County,F1vriad_-M , PLEASE NOTE; There exists of record a Collateral Assignment of Sale Contracts and Deposits,13 C Development Corp.,A Florida Corporation to Brevard Engineering Company Individual Account Plan and Trust dated 2:15/95 and recorded 2120195 in O.R. Book 3456,Page 1455,of the Public Records of Brevard County,Florida. SEARCH THROUGH: October 16,1998 @ 5:00 p.m. TAXES:Taxes were paid through 1997. Conditions,restrictions,reservations,limitations,easements-contractual or for utilities^are those of record. A detailed search into these items is not included herein. Title limitations and/or discrepancies within these document;in the chain of title are not set out,as this search is in no way to be construed as an opinion of title to insure the referenced property. This company. in issuing this certificate,expressly disclaims:any liability for the validity of any document or proceeding appearing in the public records and which constitutes apart of the chain of title. This certificate does not directly or indirectly set forth or imply any opinion,warranty,guarantee, insurance,or other similar assurance as to the status of title. This Company expressly disclaims ': any liability for loss or damage resulting from reliance on this certificate in excess of the fee paid to ISLAND TITLE&ESCROW CORY_therefore or 51,000.00,whichever is less. ISLAND TITLE&ESCROW CORP. L.770.441 Date;October 23, 1998 Elaine Mahnke Vice-President .L)(h\bi 7- A 111\JI I\L,1L LJ 1,11E TVI Iv'T vIvI OCT-23-98 FRI 07:23 Ali ISLAND TITLE FAX NO. 407 4538713 F. 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ReoR!'-qr-NAT, TOR A Iti07A0CL or 100,00 nor, TO Tilt IMO 171!7 Lyn, MACE N 07'$T't4- L, ALoRO SAID tISt 17Mt. 1071 A DTIZA,ytt Or 119.00 r [T, TO Tltt 000TH R1011T-Dr-MAY LTRt Or ARMOR ORtvT', A.1 IMO10( ON 7110 PLAT Or 113 OA NRIORT!, Att0Aoto 711 ?LAI 000* 13, PAOC 1/, Or TR; PU1LIC ACCOAD! or tai;vA#D COUNrr, re.ORIDA, 'PENCE S WWII' r, ALOYQ,SATD 1011TR WC' FOR A DISTANCE Or T01.I1 Mr/ ?4tNC! 101915'se- T. rqA A OTSIANOf or 23.11 rtRT► TREACL $ 11'.11'11" C. rO7 A D!ITANCE or 13,11 x1171 TAM( ! Wagons, e, rOn A oxs mice.or ;1.11 recT, 'f1i r•x,ra AAdl1tiict or=34.11 r�cccr xcNccossTAlcr Or 0e'07'Ile prtMt' ro71 3. /TANcteorS 119-73srtor,1 TO rift 0OATM4i41. CORN!A Or SAro oCCAr1 00003 'TAU emir 7$tmC. 1 01'34'H' O, ALO$e 1A40 u1sT LTNt Ct"oct*s wo0o3 317160 GNC, roll A PISTA.?Co Or 11.31 ruT 79 1Kc lois, or lto'Y11Zl2. _ OCT-23-98 FRI 07:24 AM ISLAND TITLE FAX NO, 407 4538773 P, 04 OCT--x - - • - ` . r. it T. ;T —..4: -- =9 • ppy raI • .4• T , '4,•:r •a•r • ' A r• 'r . r Corporate Warranty Deed �e 'nib ltndertury. veldt Ns 15th day or February. . t'. .• , A,D.I9 15 . Beh►aett .F {: 3OUTito¢ant LRXZS, INC.. A Florida 44 4-11 0,4 c r;u;l n4/ = (• aozyosstiota Pot-a rta tri,Veltle9 Lutnif oath N , t,, .i .s *pp, fir. #thrrio trawse Pun GM=edQress is: 52IQ N. Atleatio Avsaua Vag IuAO r Net he ' ;+' 15 H Cocda 8.scb, Florida 71931 - SMP it' fa*i: .? • t'M. blampAite ,iN Ti 'r • s.- ;e coiporation tasting ureter the laws or the ;411....41011 __•___ ") 1 © Suis of fiorida Omer( oIN • . - ,if N l 0 DSVTLOP11BN'T CORP., a Florida . .4 •i ;E corporation NI ) .1M; � eitosc port ofmcc*Mem II: Of N. OrZs1a do Avla ••tie • !II 1 , cocoa Solicit. Vlori4a 32911 •4 Srontws' ®JN' 1 i OrP194+rr• } ., 7 • Q VilftlthINUL that Or aid criatart for and 9n coolrferuica of No rim oft Tau I. uu/100 1 ' , Wiwi. fi Ir la ld e the I. L o i j to b.. -.a si 1- •040 W1.Mar iG„IR had �+N r+ �ii,�vcY'Ni X62, wily. ir�fc7Gt i� ,.v)DCa.'ir�.w.�iil r,.i fi.Wt wf i.wiw•w w� - - olid to ON MN Cranial Ibrerce,me relrowing&w wa holm.;kites.dice ata being hi the Celery of sr.vardtag of 11101148.to Wilt } emit AZ"TA=40 antoir 'A• FOR Wt4aL DI$CR:P7XON , Ply . tz 'f`kj • I.;`" ''' '11. tI„ f 1 tVA Subject to CoveneAts, reetsiotiono and easement, 9l rseord. S I.Ht ;.r ` t•s ' 4199 to Leics ler 1,94 and subsatitasst years. ,. Pascal Identification 1itaabe 24 37 14 00 490 $ :1 a1,93 ' ../, And the*hi Ceetee d Wear fuilyeterean the title to said blob brineferel cis NM tial f '%, cl+r w of all persona altonetxtir, `{'•^4• do 7lie ice!Wi ivor, the $04 armor his new lira hearac n to tie salami to tura ey lei thlyri`, au�lortsod oiiker Std eased to mora i aril to be atnnad the dw.rwseti pee �St a*ow adopt. ..0.:.0..41 .1.4; �� ' I Ogv�rrw' Laid' VICir/ , . '4'4"tr' t corporation. + t J ' • t 14 • Sired and Sealed In Omr Prsserf'r' tt !!.r r~� { -t".;::-'it-ii 7 , . MAZ.COIIgo Z 14 ,t ' •c 'tit:. 41 • r i W • 0:-..t..,r�r-..-.4.. --,.._ ''_ ' '.,'-`t -l4 j -', 'i State of Florida _ t.;419 ' NCoyaty of Brevard • ';,fV N ro fefvpInl Winnow !ss a derwlydgcsl before nr 0tro 13th dmr or a"ei,ettI•tey . S. 02 14,,:o. r tV'Vt NALCOLK I. N@tdll, Viol.preaidoat '�by', i, et BODZ7taAn LAVA. INC. .i i,.. • •A/4.R:_ a tarporation calming ort4or ilia OM Of iho 51ate of Florida ,on behalf of the COipdrriia;.:, I(cin 11 h mows to Mt Or nit prodrcc4 big drivvr'v 'Avails -NmN � ' ':,r. 1 -1, . V _4 ✓_✓. - /_ ''''',1:1' 11RZPMRTD Mt JOitN J, lu�aCotaA. J•a" n} ' j � , f"t * , .., RECOHD • likET0'ttte W. Nair,ands iii t; y : l tl�• " ,a- ctrl-t Superior Title Zaitiraeos A+aanev. i :t"' ant: - .. I. _ . _.._ FAX N0. 407 4Wb!i4 r. U:, 0CT-23-98 FRI Q7:24 AM ISLAND TITLE S _ , - 1 , a',, YY3471ty 1,/II l ::: I f!! A voNni i or 3cgT;off it, TANNSN:P 11 3OVTA, AAN00 77 EAST. CITY Or oA/t ' CANAvtAAT,, IMFvAAD Calmly, pLoxlOA. aZI;(O MOAC FAAT::AAALT 0t3CATstO AS Z :! rocw+f9: • . ` '1 (OAA 1102m7 41 It7Imm:NC. con clCF AT 744 90Uz11kCS7 coPNC$ or-OCCAN:x000► ' ! 3TAoz C . x7" A;CORaZO Tr! 1LAT-PODK 39, /ACC ir;or.:Nt pgetsC ilLC0 DI Or 12.' 9AbYAAO GOVNTT, Y.Q0.:oA. ;$.ct 7_o2'D1'01" c, ALONG TM; VVSr 13P4$ Or OCSAII , vocal 0/Act TWO. A.! %SCS? O IN t3,A= 1740 73, vAn '12,- Or 74° "/"CALCOADi ,G i`', 41 or 1=104 4oVNT1, rtART94. TOA A ozsTANCt Or 9.37. vita, 79 TDIR 1ou1i1 i.I?+c or r OCEAN W00oS COULPVAAO A 40.00 rttT Acctii eA1tMLWT A7�0 A po;N1 OA WWIVM I 1+,j1=104 CONcAYt TO 7$Z NCA7gtl<S:, NAYixC A AADtv9 or .305.00 rCCT, 4470 00714: s7A*S 4, wiro?' x rav;t `nc cLx"LA or 'A:D mime, Wittier t+CATAwErrcnt1 ALOMQ TNr s}. SAID 3CV7N LINO AKO Tilt AAC or 9A2o COhvt 7191OVC$ A C7NTAAL ApOLL Or 30 ' �y.• WWII rOA AM AAC a:4: A or T0$,31 0411, TO A-30;y: or lh++eLNCY; THtxee ' r St'41'45• XI ALovs SA:0 sours L2Nt TOA A OT,tANCc or 71.14 rtes, TO A porta or CU/WAWA; OT A Wirt CONCAVC TO•TMC JOt11/00C$7, MA.Itl0 A AA 1U! or }70.11 rtUTl I1tI'Qt 9raf1T>+at3;;A4.Y A10A4 SAID 10V7N LTM! ANO =>,c AAC or 6AMD CU1',& 1 • Tfl5QV4 A CRITAX4 ANOLR Or 7)•14'31', roil ho AAC DiSTAMCZ Or 61.14 ret?, a0 A f ' 101$1 Or.T LNcY, 1/44.4c 44 44'70'w4- w, 047441. ImIG dump! LZAt. roti A OT3TAMCO i,- ( or 47.17 ata=, r0 A 1071+2 or CVAYATUAt 0► A CVAY'C COYCAVL TO 'AZ 30VT►(NCIT, 1 MAWAD A A,D3v3 or 137.00 TIM/ 4ptnct SOATXWV3TLALY ALONG IA10 OUTS 1.211 APO • __ TAX AAC Or Salo COM TRAM* A ccw4AA'_ ANNA 9r 22'11'37'. rOA A$ AAC i f TA•t g31Or 57.77 rtiT, :0 142 TO;IST or TA(46CAC7l TATO( W il'al'r4' N. WOO •i SATO SOVrM Luc, roil A a:4"pdCe or 4}.}1 r0pr, TO A furl' cr CVAWATVAX 0? A I COM CO4CAVL TO Tat ro•:7$tA3T. IAv304O A M ZO9 Or 1$.10 TOT1 T1U$Ct W M. SOV7Swz TTALT A7.04:0 TO SA;O ioor+; LINE Amu 1147 AAC Cr SAID nava TsAt:QoA A �f, CTNTAAA )Utar.t or 19+13.10-, rOA Al AAC D13TAACt 0r 91.11 TUT. TO A 'GIN/ Or CUD OW A TAN0Z$3 LINT DWG IN; SAI t'TON1.LT•WAY wig or aL8 •TATs A0A0 P.. • 403, 11.00 'EST MCAT•Or-W M, MACS N Qi•lii'36' t, MONO SATO tA,T L1Nt, roil A eff7ANct Or 713,11 MT. rotxtf 112+19'76- s, 7;A►0MDSC A.AA TO Int OW .1 CMT LINO, reit A Df1:h`+Ct or 160,40 rttl, TktNC; P 51"30.57• r. TOA A DIITAWCS Of 711,11 rut. TO TSI wt1? 1,;4 Or /AzQ oCtAO MOODS 3TACL OMC? 7ARMCt {( 9 411)" 7, ALO10 2A20 xs$T LIue, ,704 A Oii?ANtt'or 214.75 rUT?, TO alfa • rQ2trT or 1te1le;$Z$0. TOGETHER WJT1i e . t' A roATTOW Or 3COTIOM 1i, Tcw4SIIr 34 398133, A,AwV4 )7 TAIT, CITY or CATC •CA4AYC M, tilt_AA7000ON?T. T$OA$DA, STING 3OAC 4?AAT8541AAL'? OTACAS,t0 I!3 Cof;mtl4Ct AZ TME 304fs3T eopstA Or Otwi woco$ 3TAC7 Gift, As AMAMI tw PLP. _i. Mg 13, Mg t3 or Tot /unto k1C0wa11 Or >,xtvAAO CONNTT, MOM, wAt'Cc It •s'91'oi• x, ALO;fO :Nt 4191 L1$C or IATo OetAw W0074 t;TAnt ONl. POR A . •i,TArCt or 211,9? play, TO 990 rpm Or OtolwIISO. Moog O 71420'51' M, VOA f , A bzsiAret et Mal rT,.ZT, 7d'sI4Cf If 12•4T'?4• !t, PtArCWDZCVLAf TO 7" "AI? AZCNTe or-FAT Ltrt Or o STAVE )140441 601, 20.00 TUT *tO$7-Or•1IAY, j'OR A • ol1TIWCt Or I01,ee PUT. TO TO SATO sR3'i L!MV, 7i}CACO A? 0T42'ti• 3;4, A100 3A10 1x9? LI)IZ, 304 A DSSTASCi Or 111.OQ ICs?. TO TO SOVTtt ATo1ITw0/.wAT L97 or KAMA ORM. A3 :holm ON rho /LAS Or 7!44001► HucA73, 1•zcoAot4 IN PLAT DpdK h 12, ?AOC 9I. Or yA; 7U3a.1C Ato9A03 Or >1ADTAM1O COUNTY, rL0AloVi 7NLNC1 • 'i 3 11'32'114 e, AL0YO,IATO SOWN LIRE, r0* A DTSTPWCZ or 193,11 far; 'Aspire 9 01471+50" T, roil. A DT97A7fCy Or !4.14 rc'77r TII'<fC! 4 11032'10- s, ;TA A D19TAHCL or 93,41 self, TNcxct S 01440,03' 7, r0R A oll2Aner.or 23.41 roti. '`•'`fi•S' • 1 litvgl d 11431,W t, MA A 01STAMCC Or $0.03 MT, tnt7+Co 4 0¢'21+Q4' R, rot' ?AN A D IT ixCc or 34,16 r6C:, 74CNCt 1 00'47'13" W, rem A O'3TANce Or 191.77 ruCT, • .0 TNr NONTW►TFS? coANTA Of TATO OCzA$ 40009 Mgt 0x6, Tx7NCC S 07'39'04` T. ALONG SATO /KIT USM: O 'OCTA.r vooa; STACC OIC £4A A pISTA.'Ce or 10./4 rtur, r 70 'MO roytir Or ELOTT4:41. t' t• FO 71C4cr I LH 613456PG 1423 1 OCT—23 07;24 AM ISLAND TITLE FAA NU, 4U+ 4bi tri r. VU ``II :?26- ; • x9- OCT-21- - _ • 1 :3 Ps — R_Sm - H .' , . • k' g5Ff9 � �' cruttt&te1n C— . , 151 141 ptiaillA II ve.!!e1 p,,y,1 M, ft T f t=r1 Nuxs earn( ,t6 i �'_ This ia.trurs,etat prepared bye 5lLe;•dt71;/ CWT.TA JOt J. XAShOoW. OR.,.h34. S::n:a•,'r,tA�irssr__ JOIN J. XApaO0RD, JR., P.A. IA;Yr_,CZ:,,,.._^. ROW ,�___ t.` 1440 N. Atlantic Avenue. Suits 401 cocoa peach. Florida 33911 (` 7 )t0RTW36, B[Ct7)ti1'Y A0421241MT AND • A ! Sze ZIID7PQTQAB, Pads an of the 15th d4Y of lebzuary. 1l1$, d fr. by 8 Dp C vtLOPMIOIT CORY„ a Plorida--corpot utiosa (the �, •4iosRgagorw). "'hese poet office stares* is 69 N. L`ciandv avenue. `• Cocas Beach, VlOrtda 32471. to >s1tZYMI ENOVRINRING.CONYAAT e, lieDIVZDVAL ACCOONT fl4JI &ND TRUST (the •hortgsg..'i, Nbose post ); office address is 4610 N. Atlantic Avenue. Cape Canaveral, i Plorids 17420. , I 1Tb44 to seaurs the payment of indebtsdnses lo the princip.l 4 .um of '('am (MAID 9SVSIPpy rrV! TSOb9ANO AND $0/1Q0 7 ($17Sq Oaa.oa) DOL),Ax9, w�ttb interest tha'rson, evidenced by that •;. certain Mortgage Nota (the 'Note) from Kortpsgor to MOrtgesse of $. 'van date herewith, 1%rtgegor does hereby grant. bargain. sell, assign, trae.ef•r. convey sad confirm unto the Mortgaged tha fello..ing o. . l ill A. That certain reel property (the 'Lands) situated in. byword County. Ylorid.. mid described se follows; , 333 2322132T •AA A'CSAC IXD ASAATO ASC MAP! A PART H$REQP • Sr S. ?OQ!THEA with ell buildings. improvements. Mtruot'res. 1 and fixtures. Ave or hereafter pitied in. ander or upon the Land ( or now or hereettev ittac(ted thereto; k ):, C. TOOSTNEA MITI; all appurtenances and all the estate end rights ee Mortgagor in cad to the above daforibsd Laud. and ,� structured, bUildipgs. iaproveseuts, and fixture' now or i . hereafter placed or existjosg thereon) � D. TOdpT3E1 MITI alp averde or payment., it any, io�olidi'QD interact thereon, h.ret.4fosr• or heseertes mads tO Mortgagor or 4;: ,its ■uceeseors in title for the taking by eminent domain of the , , whole or any Root of the Land, buildiga. imprOVeMents, r atmtof14p Ii*tures and/or nay eaes*int. including say awards or , a ents for change is the grad.. of any streets ora ethos, injury to or decrease i1! the value of 'By of the above dsiertb*t t• ;I r property1 A. T044470111 NITA alt et Mortgagor's interest in end to any . t ggsemsnts, rights-of-Mary, licenses. tee's ate and hereditaments • now or hereafter belonging os la any vey appertliatng to the ).+end, including, without limitation of the eoregoiag, all right, title and interest et Mortgagor in and to any lead lying in oh* a bed of any street, allay, road or avenue (before Oar otter 3 y vacation thereof) and irh•thar prwiotsly abandotlad or vsca�.ed v horsoftert abandoned or heated, or any propelled street, alley, i• , rood or avenue in front of or adjoining the Lend, I Pi two Tov%'R1 R MITA All of $o*tgaeor's•right. tittle and • interns' in and to any survey". engineering drawings, plans, ti ' ' . r •abstract■, bloke; pit Ta and re4or3da relating to the reel :cad personal property deeoribed to paragraphs A through s above. '.' I All of the foregoing Load, building', inprove+seate, il,• . atzuotursi. fixture. and other rights, ,(ntereeti vied property (tangible end intealtble) described 1t persgrepbs A through V above are hereihefter coiiectively referred to es the bKtortgaged Property." 1'. t 98 FRI 07;25 AM ISLAND TITLE 11-1" x. U. 4u-r 45.50 I i t � OCT-23- F M TH c 98' + r'0‘, OCT-21'7,78 _ .S •, •' 1 f J t LXkt>,t: Namz i t, .,,,, lif f' f II: 1l A roAT:o» or 'terror+ It. TomvsR13 74 aovsn. RAx4;g i7 omit, CITE Or mpgt • CA!{AVt r,, IRCYIAo COV>;T7, FLORIDA, Dr2K0 )101m TAAT:cu_AALY ot3CATPCD Y r'; roLLoxa, roA A 1O1N7 or a[cINM_Hv, COPJICNCC AT TAO 34MN14EST OCANtx Or vecAK vaoDs 27/tot V44,$ Al' AGCOADt2 -N FLAT 10011 23, PAg3: Ii or TKO Fv1ItC ALCOA01 Of i .- AuvA CoUKT7C, rrous.,t, TASPO>: 3 O2+a2r a1R t, AL000:rve a7<Sr 3,31+t or QSCAJr l+Ova3 ;nugr10, J,5 A:cvA3t0 IM ri..A 300* 35, rrycc,ax,,or :At PUILTC CeAas �' or OlkovAA.0 cot'At, TreAl4A, Mg A Dr/tANCc or s.as.rsat, ;o Iv; Sova¢ WI Of f• cotA0 NooD3 10VSr'AA3 A {0,00 rroT ACCC3l IASCMLMj M' 0 A POWO0 A NAVE r CpMCki; TO TAO MCATACr,iT, MAYTAO A RADIO, pr 203.00 rres, SAM PO/$1 UAR7 3 2313'03' V rAO14 TAC CSNTEA 0r 3ASD CVAVC, TATKCt NO1•TAx1JT4;ALt ALo00 tMo SA;D 30VTX LIN! AND TML ARC Or 'Aro COM TNAOUON A etKYAAL A$0111 or 30 J 1+Ci•, roA AM AAC OrIrA et Or IQ3.37 my. 70 A•001NT Ct TAxCrxer, rh4ric1 x 14,1114 ?I, A34N0 $A10 aOVYM LUC, TOA A 0t3YAACL Cr 79.2: mt. TO A rOtvt f• or cURVATUAe Or A CIAV CONCAVO t0 TK; 30VTRUt37, MAv:NO A MDU' or ;70.00 r rtt?r T;tNCt roATMMLs7t;4.t not "Aro SOU'A LEN; AN7 :pt AAC Or SATO CttAVS TmA092$ A gOPT1Wr AN4.t Cr 11'31':2•, ria AM AAC Ors_ANca cr 12.14 fOCT. 70 A > {{ Form? or?or r3s LN9Y) SMtNeg d :7tso+l7' N, %r-0NO 3AID Sou:m L:,rr. ram A ois7nnet ` F` , ;0 A 'pp T Or 10.4min Or A Avt CO.vCAVc 170 '$t sovTNltts7•, MAvIM,O A A II$ or I30.04 rLCTr TNd1CL NOgrM'wt3TC�,v, Army SATO 30144 LIN; Ar'n .r9 i 333 AA: yr SA;0 cvRta ;MAMIN A CEM?AA2, ARUM Or 73'14'27', ro1►k AN ASIC 011MICC Or 51.77 rttt, TO TNs ropm OT 3AsrOgAssr 7,yy74cr w 7,1 : Ii= a, AtoNo t !A7¢ !Win ►21148 Fox A o:sTANCT or 21,31 rim, TOA re:Nt or cVAVAtUM OP A ` 4 { wive tafCAvt TO TAA 3OVIALAIT, rArlWO A PA.iV3 Or 13,01 ? 7 tpt7Ct 71;37. f JOUTxvt3rtAL4 ALox4 Yx$ ;Ate 30VrA WO AMO TAE AAO pr sr•TD cVAYO TNAOVON A dtII7Ar+T ANOLR or ae'a1,19•, roR AN AA; D;47 Vez or 31,27 TILT, 70 A POINT Or eUiT ON A 7A7` m, ;,int. 343Np 7NL ;Alt A!ON7-or•wAY 4.3xz Or OLA MT; ROAD 4A 41, 42r 01 ci e i l ivant'Crr7 'AYr TMCMCL N OT'i.'se c, A24,110 SAP :Alt WI, roti 07.0 tet,, 'MK!! 1 1341'W Of rCrrteOtroAAA To 70o 4ASD CAST 4tpC+ TOR A OTIIA''CC Or ;4040 rtC7 7M$NC't I 5t1o'S7' t, r0* A "17ANCt r 217.12 SDi 3I'1f'ri¢r, to 7ne wg11 A1FOxC SAtD w;1LL7 7. ►011 D 6TAKtt oraSIAOG Ogg)Z1at13 Mr, 70t7HT; 'DIRT or ticzA'ATOO, li '1'C•GE'.^}:IR V I TM • a A POAT;ON or 3Z 729:r 34, :s`xw331$$• 24 SOM. *ANC: 77 TAT?, Ci7Y Of CAP; I 4ARAv>iw., myAmocou'Nrr. rLOA ost, 110; mkt 2ARTICVLARLt POICA,DC;, AS t0•LOv'I .3t a • COMMA 1+T TAg SOOTHWASI ccAxcA or CCCAN woo* OTA,sc 4r.1: t- 1OII1Y a3, TAO% I1 Or umrvp ;o AECORo/ or •ACYAA' COUNTY;non 03►r iter k 02'31'01• 1{, A:0x0 :NT vies- LINT or 3A;o OCtmt aQopi stAOc 47N4. rQA A D1/TA OT Or 274,;: Mt, 10 T„c rotml Or rtaTAwlF401 7MCNCF V 37'20'37' Irt TOA A DISTANCE er 227,12 ri r, rmcveo CZCNY+ or•wAt LtMS or Imp 3-i -g 02':7.3[• V, * 7'g11T*NDi tiT.0 TO Tits CAI? xghoDS3TANClI Or HO,00 2t13, To Tog 3Aio LA87T+LIAtrOTifS.v�L ?itc7 i3f• ;. A400O 1.t' t �rSAID CAST IWC, raft A D1l?Asset or Maio 'vs, 79 tilt SOUTH 02007.er-AA7 t,UWt iK30,M DATYre Aa SAWN Cr MO liAT or DiMaOA N&P0$rs, AtcoAor9 tN PLA! cooT1 PA0` f3. Or 7311 PU01IC RCC0103 or 1ACVAAp Cppns7, FLOAIDAr T8cNC2 1 fi•37'ia+ i, ALONC,$AIo S4'J7M LIN?, ►OiI ,A OtsTANOi or tos,01 rout TkcM4;e 3 01.33'30' t. roA A D;t7Axct or 33.21 Fogy, 3ntves a , ' 9Is7A%Ct sr 13.4r rtce, limier 3 /2124'05. C, e1-s7 i0^ t, E'OA , Ak0T1 Ry WWII- 4;, roil A. D:s`'eop11Cr 50:03 earl A.Ot7zAr+CT: '2 17.11 rbcs, 7 • TWIT.Or,14.7?++atirr :hCKO4 3 30'04,41- rroR OZSTAecNceRCt 1 �4'26+0a' t, oT, "' 70 774 voA;NNtl7 CQAYLA Cr tAI7 oveAJ, N ODs sum on/!.ONCCo7 V2•3!r '?S' O. ANC SAID +tssT we o CCEM "00 t To tAC ryny7 Or TigoTwATV0, DS MCC OWI. ►'0{i r1 QiST14nC¢ 9r l0.aa rCL7, 4,; J 111.10 A s.t 8k 456PG1t 35 l i c,,a 10 1� i , rir i KCAL CJIMIC 4V1 104. VIVI IV/GJ iv v�r.vr nv.G-mi vvr II D• �Q FAX NO. 407 4538773 C 8 OCT-23-98 FRI 07:25 AIS ISLAND TITLE .®,, :48' • ocT—Z1 yT . _5 -M _Sri_ M • • 1 i i ' •1 ' EXHIa2T '5' S'FIRST SMOGS R!{LtAS8 y ` PCIMLA 111ID 8XJIP/PLE The rexraae price for each Wait, at the time of closing, ®hail be 1004 of the net sale l,roceede derived from ;aid closing to be first -; applied to unpaid accrued interest and then to principsi. ?'' j .,��' ,.3 4 I 1 ',a r1 1 i. v 1 9 ,I ii f. Y 'I I - ' 1 '' i}I 143436 Pc 1143fi '''1r, r i R l KCAL C J I M I C 4.\-)f r u`t V I V I v, �� /..e. v- - s11,,...-7,.., ..., . . OCT-23-98 FR 107 26 AM ISLAND TITLE t•HA NU. 4u f ' o 'Q _ _9B_ r. iO pC'T-21— - ` w - err , 1 tXNail1 "A" • 1" y, A t04710ld 0 1tCT70M It, TOVNS1llP 10 SOUTH, AAP= 37 CArr. CITY Or CAVt s`AJYAvtKA1,, etae0449 COUnrT. TLOMOA, ItzNo mon: TART:CVLARLT RC3CA1OLA A3 PSfi mli .. • roA A voIN!7 or ACC3 N:P,c. CP:-vu= ra lilt so elfin ST•EO$t'.A or oCIAN moot i TAO& ONl, AS. ARC0,010 sN ?LAT Peox o$, P„trt AA or TM= w14.1c Ate0/t03 01 ' 3AMV?AV COU'f:r, riCA:tA, rA=Kcs 102•31'Ol c, ALO$? !NC +►Zit 4.2N4 Or OCCRN *1 x0003 ;file? IMO, As AECOAALO TM PLAT soCR 23, FAO( 371, 01' TO tU>{Lrc WARN- ,! ' or *NOVA COurt?Y, PLOAX04, ?0A A 0:374'/0/ Of 1.13 reCT.'TO'RMt 3OVT1 Ling Of OCEAN MOODS $0V1.trAAD A f0.00 rtgl ACctli CA3LMLN! uto A PQM? QM A CUAVt ; COMC�1Vt To TONQR7Mt73^.. RAYING A 7+,740103 OT 203.00 'MMT, 3410 POINT ATARI 1 3 3)'23'33' N ricOM Ta'r ctp?ar; Or 3Alo Moo, 7MLWc= ;4CRTxw$3:cr.14 ALON0 TMa SATO 30g7N Ault ANO rnf ARe Or :ASD Conn MOM, A cCN7RAL ASCU Of 17 t lt•Q5', FOR 491 AAP D13TA✓<CC Or 139.17 rtrr, TO A POIN; er TA.Y4C:IC7/ yMtrc; il N 31'01'45" N, AWN? IA:9 10U711 L.RM. Pon A OISTArCt CP :3,74 rrtT. To 4 rover . 0/ CCM/Mt/AI or A CUAvp coneAvA :o T,,e SOUT4lrt37, MAVT,ro A nPo1ya or 1/0.30 36271 In/Tr M9APOIr2 ini AtOKO ;Au 501,1;F-1.:NO Peg ;pc AAs or 2410 CURvY "1 IKAVY44 h 04+7ryw Amp.: pr A3'11,31", rap A11 MC p:>r:ANCZ cr 19.1 t MT, TO A 1 ;OAT 9'. TANOt,'C?t Txtr+Ct Mil'=0'37' N. A1pl4I SATO 80u;>, I;,rt, 4 A D1ttA±Cl .� Or 41.13 rceT, re A P01M7 Or CVAYATVAr Or A CUAYZ cckWa ;o TM; S9UTMMx177 : AWN,' A AAD1d3 Or 1]0.00 ltO?r fkg. CE g0AZOT3TER Y Noel :ATh :Oy, ;In AND TRO ARC OT 3A10 euRV3 ilA0V614 A ctla?AAL ANUS or 23T24,31', POI{ Alf ARC ' OaiuA3,St O1 3T,/3 41c7, 70 rill rem or TANct„cyl Tern:: w l2'4/'34' M, ALONG f 3�1T0 30411$ LSlltl TOR A 0:IYMCO Or 73.13 3107, TO A ►OxAr cr OUAVATYK Or A .r =Art (WAYS TO ?RI 80VCMtAST, )AYtuq A RADIUS Or 2340 iliir IRrNCC 'Yti?, 'a i0UTXMt3T!XLT 420143 7MR 1A10 IOVCM Li146 AMD ?MC AA= Cr IAT* CVArt TNR0Ua$ A MUM: AM04i or 19'00'40-. fop Art AAA D137Asec Co 3947 rsc7, To A Point Or VW ON A 7ANO1Nf LIP:, ecl$O Tilt EAST *30N7-or9iAY :Ina or OLD tlAK ROAD 401. 60.43 MA P.ZCAT.of-AAYp Toms M 01'12'13' t, Along SAID LAI, LIME, 10K A 01373.1101 or 703.91 ruff T$;NeR $ Ir'17+70• r, PLAPCKDTCVLAA r0 !NZ lAID f Ohs? 1.111x, roll A Dil?AMct or 30;.04 r?C1a T8Lm 0 3T•3o'S7' A, TOR A p2ATANCC or 31:.33 r0tt, TO Int 71$37 LIN; or 3Alo QCCA#1 N0003 $TAG/ Om TM1CR I Si'S1,41' to ALo1G 3Ai7 AO3T Sao/. TOR A Os317t{C$ Cr 371./3 Miff 10 IAA d 001147 or lommg, •_ .1 TOGtT!{1:It WITH ti 4 A PAA'11'N Or 3CCTIO14 14, 13a1l1&i li SOUTH, 144$00: I2 ;ATT. CIT: of CA7C -O NAV&Ark , 7A'ywoO04A T. TS,oMOR, SA/NG MORA PAA'UCVIAnst VL!CRI/00 113 3 rOttaxa, 007 /3=0/ 7{T SKS 30V3NL';57 SoAnA Or 0304„ 770o03 3TACt ONG, AS r.'OaooQ 7N VLR7 8 30014 33, VACS 1; Or lot tuaCrC AtICOAD1 Or AWA71D MATT, rl*0111QAr 71101400 14 03'3)'34- 14 AL04O Tilt NM LINO or 1170 O0tAN 310000 21401! ONE, P014 A , . :t OilTA11CC or 274.7; FM. TO ZMC POVM? Or UUOPfHYNOr rims s 37.20.31" 11, rm., 1 ' A OJITAI4O* or 154,33 PM, t4C3Ci M f247,34• N, P*APLMDICVLAA TO 711$ tAl+' a AlosT, er-MA7 WIC or L olITla+1CO Or MAO tttl. To7O Pm. 3A70 ZAiT tarn, Mine No Uzi' ZO?'ii'3$�X, 414140 LAN (3.3/ L3rt. MIA p11TMCo or 167,04 r;ts. T`0 TAA IOUT►r nf0f$7-orTNA7 LLML i } 11141 Or ow% movo, AJ POW 01 silo TART Or AAAA0A AOlooT3, A000Aoro ZN trap poOA tt 13, PALL 39, Or TAO OuAz.ro WORD( or 3r7CVARp COURTT. FL0MpA, T111GNCt ' : 5 1P32'13' C. ASOMO.3A7D Win LMR, 304 A D3a7ANc` or lo1,11 rem 7nr' t 3 P1%3'Se- 1, rOR A Dli'�r�1.cx or ,33.11 'MCT: 7hc14Ct 3 19.32'10• [r roil l'' . rr gf1,TAACt ct-114411'?trliclirAs 7 Oa'2t'o:' r, rOR A nip/4,M a Or 33.11 MMMT, ? 1 '° 't�"TkfNtt 3 1111'?a' _, 1Qx A DTT7ANCC Or 60.03 'CRT, 7ut$cC 3 s2'?t'0f' C, rim A Dl3YA„Cl Or 71.26 rCCT/ TACM•c I 0447'/7" to, Ton A Oi1TA..cC or :20.13 MMt7, « TO Int HORTNWc33 COMU. or 1AY0 OCCAII loop3 mot GNC, TM01ee S 02•31'04" C, A',•ONo SATO N'ts? 1,1141 Ot 'OCEAN r00os S?Act Ong. rOA A DZP7ANCs or 00.3 S ICC?. 19 Toe ?03,47 Cr ®Loim4lka. ',, uniU11A0LE VOR , .,I C'rt ref 30 00345668451 �;;I • ee314640G4483 �,3� . i AM ISLAND TITLE MA nu, 4Uf 4V3oufJ ` ., OCT-23-98 FRI 07:27 A - . i i qGT—z I."? - u M r • 1 ' I J 4'111fl4 . 1 ' - • COP• Y 1 . ['; roirfalaa NOt 650400.0e February 15, 1995 Cocos neaeb,, Flori4A % . - 8$I71a INDUST= FOR VALE wneszvZV, the underr.igned, jointly and severally (collectively, tha`sNeker*)., promisee to pay to 7,F • poo7MZRY( LAM, PNC., a Florid~ corporation (tbi 'Pays.•), or y. order, in the runner hereinafter Specified, titsprincipal mum of PIM `,T t011nann AND NO/L00 (450.00o:0O) uOt.t.AAS. with interest from the date hereof at the rate of SI(XT WOPNRCENT MAXIM, r';, on t$e balance from tine to time outstsuding Said principal and . { interest !bail be payable in lawful money of the united States of V. America at S240 N. Atlantic Avenge, Cocoa Beach, Florida 32411, d or at such other place ss may hereafter be designated by written ._r' notice froth the bolder (tbs exoldes4) of this instrument to the V.' Maker. no the dates and in the manner tollewinpe ammual permeate' of interest only, commencing February 15. +93'S, and continuing Op a like ...ay of each and e7oryj year thereafter, with the entire principal balance, plus accrued ld interest• vi Y.=�. 9e ia97 .I .but unpaid interest iii ai. payable on a ruer'I le, 1,497. Principal and any accrued interest due hereunder may be prepaid or paid in advent's, in whole or in part, gat any tins 1 without premium or penalty. K(� This Note is secured by a second mortgage (the eMOrtgagee) i.,• . certain reel and personal properties located in Brevard County.from the Nebel to the Payee dated Febrsrary 13, 1995, encumbering ' ' 1 Florida, all as more particvlirly described therein. The Maher ?' -- and all persons liable or to biotite liable on this Note agree that tats instrument and the Nortgage 'Rall be governed by, and i comatrusd and enforced in accordance with, the lova of the State ' F of florid', Should default be made in the payment et principal or ,r. interest due tinder this Note end such default not be cured within fifteen (1,3) days from the ooraaranee thereof, ow if a default ae=ura in the performance or observenee of any covenant, , obligetfan, provision, Stipulation, condition or 41C4444AZ . r icontained in flea Mortgage or any other security 4000aente now or i{7. hereafter exoeutsd in cenaectie with the indebtedness evidenced +'" hereby. and such default is not C}nred within fifteen (1S) days t. from aod after the date of occurrence thereof, the whole unpaid belence of the principal and ell accrued sed unpaid interest thereon shall baeoae imwedietsly due and payable without notice, r at the option of the Holder hereof, anything herein or in the i... Mortgage to the contrary no t.ritbetseding, and payment thereof may r • be enforced and recovered in whets or in pert at any time by one or more of the remedies provided to the folder in this Note or in l'.' the Periwig*. Upon such default. any unpaid portion of the . i, principal, all accrued and unpaid interest and any other sums due 1: under this Note or Mortgage atoll beer interest from the date of . . default until paid in full at the highest rats allowed under the e • r?. laws of the Stets of Florida. - ` ;04'7' • '•' ,- 'listM'•efdgeeii tnitailmint of interest or principal for •� any portion thereof) shalt not be received by the Holder or Payee , . within fifteen (15) days of the date such payment initially • ftj becomes due, $aket ■halt pay to the 7so1d♦r hereof a lata Chefs; avant to five percent (51s) or the installment (or portion ii thereof) �ehich is not timely paid, which lets charge shall be in P. addition to all other edema payable hereunder. All late charges shall be paid by Nawar to Rol4er wit?ln fifteen dr(11Q5)) days s. rmie.sdng written &ora;d: ti erefor U I�T1rrt fi Nil Oil u0 ate Q(sarga eervss to defray part of the increased coot of t apllectioe, and is paid as liquidated damages as 'mooed to a .7,:, penalty. '''ti 80464rc448t1 j '� , I'iKJI KCAL CJINIG `flit [UV VIVI IV/GJ /U vU.Ur Irv.L`TU , t • I ' OCT-23-98 FRI 07:27 AM ISLAND TITLE FAX NU, 4;r 45Mrrs r. is) 4-• b eas 12 PM _ R_SN TH _ M :' RG7-21 - • ��. _ : • ,t °400,c;,Jai, A • 1 7$ i ;if fr 't«� tJ ksnes COLLATERAL AsslOPIMWr zaraM�Na OF $3.1!,:,v'%___ ,is ii Ti4I$ ASsZCNmENT, rade as, of thia 15th day of February, 1995. 1 by s C DEVELOPMENT CORP., a sieride corporation (the 'A eigr,or") , to RVA ENG MBERINO COMPANY InDTVIDUAL #. , ,,. ACC'LIUT PjAv.AND TRUST, its successors, nominees and assignees Ij (the ,Lender"); r • • 'I W T T N X S S E T Ii ; • . WNMAcf pursuant to an AOCgis .tion and osvelops ent Loan t Agreement dated February 15, 1995, between Lender and Assignor (the "Loan Agreement"), I..ender has agreed to lend Aeaignor up to ?Hi= HUNDAW SEVENTY FIVg THOUSAND AND MO/1.00 (3373,000.W t DOLLARS in order to finance the acquisition, conatr ctie:n and deyelepasent of a sixteen (16) unit townhouse project on property • located in Brevard County, Florida, legally described on Exhibit 't A attached hereto (the 'property"): and 'L WN£RFAB. ane of th:a vfinlirinryN of T.,erder'P (+ligation to lend money to Assignor is that Assignor aeSigr+ to Lender a13 of e. AevlAnorfe rL ' . , 4,1- "nY interest under certain wab r9cLtl for Sal. and Purchase between A.®aignor, ea Seller, and buyers of lots }I in the townhouse wenier:le s (the "Contracts”ra_ta - --1 .I NOW TNrn..SZSPcRgi G, in conderration of the preMiess end nutual undertakings and agreements set out herein and to induce Lender to agree to advance loan} proceeds under the Loan Agreement, Assignor hereby agrees a0 follows( 1. Aa collateral security for the performance of all of i Aseignorfa obligation, under the Loan Agreement and under any other Loan Document tee that term ise defined in the Loan Agreement) delivered to Lender by Assignor pursuant to the Loan. Agreement, Assigner heresy grants a security interest in and atelgne, transfers and vete over unto Lender All of the Aseigfor'e fight, title and interest in, to and under the . CCntracta, copies of which era or shall be furnished to Lender, . together with the earneat money deposits made by the buyers thereunder (the "Deposita'' , and in addition thereto, eny ether deposits received of contracts hereafter entered into by A,eeigno! ' of the Property or any portion thereof, This assignment also secures a certain iortoage and Security Agreement of even date herewith between Assignor and ` Lepder and a default therein shalt be a default herein. 3, This aaaignment 01311 remain in full force and effect `I until sly indebtedness cued by AaaLgasor to Lender ;tea been paid �' I in gull. Assignor .-oee further hereby covenant and agree WLt? i Lander' that until ouch indebtedness has been paid in full, . Assignor shell furnish to lender trine copies of any amendments to the contracts and any such centraets ::',''rich may :a in addition to the contracts, Aaeignor agireen to observe end perform cli dvenante C nditio ne and agreements in the contracts, or in any other such Contract now existing or hereafter entered into on tate I pert Of Assignor to be observed and performed thereunder, and Will notify Lender in writing of ell defaults or events of default under any such contract* within rive (Sl days after the ` occurrence,At„9}igb.,d g �{lt.or event of default. Assignor chill • ! I' `*• not +amend, aaheei, abridge, terminate or modify the contreets or any other ouch contract now existing or hereafter entered into or take any aetion or see:eine any sight or option whish would permit the purehaeer under the Contracts or any other such contract now existing or hereafter entered into to cancel Or terminate said Contracts, without the prior written content of Lender, 4. it ie agrmed that Jealt3Egnor shall be entitled to perform all of the obligations and dutlee of Assignor under the Contracts , ' Ox3/456?G 3 455 ” --1,o, f r VIVI � FAX NO. 407 45'��rt� �I I.,GCT-23-98 FRI Q7;2�., AM ISLAND TITLE 10/18/95 MON 08:11 FAX 407 4551492 II TAX COLL CTOR 4 4 1 Z$LAND TITLE Zop,l zali9/aa --= P R O Y T Q D x R Y B C R E E N ffi_=ar AMI165M � PARCEL: 24 371400 500 ACT NO: 2429184 MILL CODE: 26G0 48 .02 :53 ! SITE 0 LszCNRWER L FT32920 USE: 1000 Or4NERIS NAME: VACANT COMMERCIAL LAND B C DEVELOPMENT COaP E9 N ORLANDO AVE PLAT BOOK PAG3&379? COCOA BCH EL 32931 ?T OF N 1/2 OF NE 1/4 OF S 1 1/4 S 1S2 FT OF ELK a & N 330 'T OF LOT C OR PE I PG 2a LY1NCr E OF 1997 1998 1999 ° OUD ST RIO 401 A5 PEG IN ORB 2467 LAND: 123820 1,23824 PG 1539, •IXC ORB 2870 PG 1464 BT SITE:: ETA:.: MAIL; COST: 123820 121820 - DISAB: CONDO: INCOME; TAZ: 505 MARKET: ASSESSED; 123820 KoMMSTD: ,a=le, Ta7msz?.X', • OTHEE EX; .MUTT acs s .,Y EX: MEIC.HB0RHOOD: 0686 . 00 �:.'v TAXABLE ; 123820 123824 SITE CODE: 341 0_,./y. U.,,,__,k, ,..s. it1� 1 • f'1((JI RCAL CJ IVIG IOC+ VIVI IV/G...) 70 00.00 IN0.G`t0 IJ/ I1 OCT-23-98 FRI 07:28 RM ISLAND TITLE FAX NO, 401 4bMH (s r, '► 1O/10/98 ION 08:11 FAX 40? 4551492 MI TAX COLLECTOR 44'l ISLAND TITLE 1004 1996 TAX INFORMATIO N 10/19/98 08 : 04:12 2429184 B=BILL /=RETN X1997 RBRESTART P-PARC S=SUM PMT001BR� B C DEVELOPMENT CORP PAID TWG RG SC SD BLCK LOT BCH/DTE 24 371400 500 VAL NO TAXABLE ITEIM TAX BILLED TAX CREDIT PAZ, DUE 2158 , 64 COUNTY 645. 19 ••..- -��TALI' S��s���� SCHOOL 1185. 99 MILCDE 280 C1TY/MSTU 204 . 79 80Y LAND 123620 WA MANAGEMNT • 59 .66 BOY BLDG SP DISTRICT 5.. 82 ASSESSED :.23820 DEBT PAYMENT 57 . 2/ )IMEMPT **TOTAL AnI0R-" 2158 . 64 DISC: • 'I'AXBL 123820 = ===E&I SW DISPOSAL RECY/RE5 COLLECTION ADV.AMT • EMS-AMBULANCE,- SVC ANT STORM WATER HPX/s.gnrlT • WTR CONTROL **`DOTAL SVCS : ** ** TOTAL *g 2159 .64 • • • 1 11.V I 1,t.rlV `V I,I I ... - •� .. . CCT-23-98 FRI 07:25 AM ISLAND TITLE rHn Nu. sur 4a�n►r6 �' OCT-21•-'i3 -- 13 w r i ., t !SkT*Ts "'.," li • I } Y. If A POA? 0x or dLGT,OM :a- Tammuz', OA 30U?Mr AxWG6 7? VAST, CITY Or CAPE e cA,fAvtfAL, sAcvAAe CQUr<7T, ',Loan*, pesx0 1{o YAAT:ce_ARLY DrICATOCo AJ rotLomt, e raft A rem/ Or itc1NNZNa, col4cLNCC AT SAT, SO'JTNWCiT CONNtA Or OCOAN r s?AOC owo. Ar AMA's: IN PLA! poo* 71, TJ4Cs al or TAO su&LTC TCi7OAQ16OP lr-• 304VAAa COVx4Y, rP0AloA, MAGI 1 P2'31°O6` t, ALOAO. CMD %1ST-LINE Cr OCEAN, j '> VOWS :TATE TO, As azetmeo ;N TLA? BOOK 2$, P$CC:,S2, or CNC PVTLTC stLCQA173 or issvµo coc5m, TT•cMor, rets A i,ITArrtr of 9,i! rrs?, co TAT Mtn LalM Of i. ccftl Voogd $QV.yA147 A 10,00 rrc; • ACCs:I! CASLHCHT AK9 A Pouf? ON A CVRV3 t r f: CQMCAY7 ,O CAE KGATArA3T. XAvIAC A f4t.O]Y3 or /05,0TM, SAID POIM? 'IAA,' '' 3 2417'01• x Ater/:mc tgATEA or IA:a CoAve, TAME MORTANKATEAET AtOpo rxt SATO 7Ou7A LXHC AHD 7NL AAC OC JAXD COWoMAOVOM A CTw1AAL AMOi,O Or 30 r' k. X 0 °�S 3", 3 TOA AH AAO DISTANCE or 103.37 r¢LT. TO ATO/KT cr TAf14LNI�Y, TREACc - K, woo SAID SoUrA am:, =roll A DislA,ccc cr mit rEtT, TO A ?DRAT + or CUAYA?VAN Of A CVIIYF COKCAVC TO :MC iOUTAADtr, MAtsuO A tAbru3 Or 170.00 Mr, /Km; NoATitkts;:ptr WPC/ !A;D 30Q3$ LiNC A`,7 At AAC or lATD COM.; tc ;l' T11h0V¢1! CGNTK.tiL tiN4=r cr Js°)/ :2• . POSrtT or 4ANGLrCTf !Mf.yCG l/ 17/30'!7, H011� AAC D33:AYC6 Gr !r.lt rFiT, '1p A OC IT,1] rr.ts� TO A l9tnT or c } L4K0 lATD 304/Th L:,r_, re,' 011'f�,.{e t or 47, A UMu3 Or 130.0;IA rut, TML R N q COMM COR7Avt 70 /At SOVTMMCST, :1 L 7 it ARC Of SAID CURttC 4• 31- 'A:ON;. 3;t,a 3GV3ii LT/iF ANO r MANCE or 37.07 TELT, -A1tOU0M A CCxTAAi ANOLK or 73'itr31•r Taa A$ AOC s SATO Mit 107,7 ai iO TMC POtx? Or Tar,G leTf Tic n 13•i 7v 3$ ti. ALONG , $ lr A DT)TAAer Or 1).41.rCL! A f' '� • CUAYQ COffCAVt 70 TAE 34V7bCA97, ffAY7H0 A TOr APO;xT or CYIIrATV}ts Cr 10UTAver tALT AioR0 TY1 3A10 foOTA W AM TAC AM or03i=oo `CUAYCrTMAOVO$ A IRCC RCM ! CtN7r4►G MOAT or 46/44'01. ' roti AN DaiTrtlCL Or 74,17 ?L T, TO A POTH? Or f `iDUir ON A 7A$plmr Woe. Imo TAO ZAIT AIOs1T¢0r-pAT 4:oe Or old P7*7e ROAD c 107. SOON rctr. was Ar.x A• 11 2. (0,+of er =o�.ai /car�f' MAC; u O1'13'16- 7, A HO SATO EAST LtNli TOR CAST WE, r0A A DlIT1.4cc of I60,d0 rtl?,t7nClvCttI 31'20.$7" E.AA T@ TMt MAID , i or t13.11 TELT, To TAE T+LIT i,irE or lAza °tem WOOoi�STAG;OACI T t of t S 02'51,11, 7, nom; iAZO WIST Ltdd,.FOR A OriTARCT Or 111773 777?, 7O TAX 100t$7 Or 170004100. TOGS HZA 31ITH P0,17tON O rP ner30if 1i. TENAIHIr 24 st)UTM, AANSE 77 :ATT, ciTY Or CArC ' 1 -C,AitAiCAA4., OnyAA00;O A T, rLOAIDA. Ell$C 1f0&.7 )AAT! LAll; oetCRII�r.O Ai t'. TOLLOws, •' COW,Aea A7 ?x3 #OU7Nw 3T cC1u;cA or mom . !0011 Al, T 11 11 07 2PZ si;;I,G Or 4°0oa3 tri ONE, AT ierernta,CD lh TLAp N 0i'1I'1ii A. A,az90 YNr. "sf' LSMtae• or OClP'.1 �OilNYY, rf.DAiDl4, TNu f , DZT7ArtC& or 271,:: rut, 'CD Tile /0 0005 OThae OMlr ra+t A t t A OTAMos o Or 117.11 neer. TrextiD N7 Or etOax,f]wof /lamer W $7'2C'39- p, NOR �,, 1 Diailwacr` c sallyTOAD /91 ]1 k PtR�1:,iDcGv�AR TO ?ML IAlT or OLO 3TAVO ° Cr� 22043 rasp. co 331 SAYO : mt: rime AIaA6-orTOA A I.; , 5A20 LAS? L311C, 3'OR Dtii+l+ LAST LxML, T1fL7fp= H ;<'T•YL•2F• L. 11LON0 •l: ' Cr IurA70\ DAM 4i QP ab7,00 tt,2f, TO TIM gem 711'iPlT-Or-,hA°r I,ZIfZ • 3 s As sRow.1 Cif TRC TEAT Cr }fAA80A ME:011s, fttcoi of,! IN PLAT AgCR , ►AOo #9, or CAE POOL►c?piccolos op AAcvARO eoV, , rLCflt:At 7NcNC3 3 1,#/)2'11' t, AtONC sA7D Sol?n Lin, rOA A Dts?ANcc or ;Deal me?, TNCNCE 1� j 3 0113#30. r, r011 A DZS7 tinct Or 77.16 roLt, QiitMCC 3 12-32010- t Da37AKe7 or mos rreo, ;tomer 7 02'21.93• t, r0A A OxerA of 27,11 tett. y, CNCKGr f r rot A .' A 7NOI WWII' C. EOR A. 7•.S`•`ul!:e.Or' S9; ) PC!?, TeCNea s 92.2S,0ta C. rep �,. .,S OT,.]i.3firrar .hih'd" .0 ?A7 vpA;JfNT1T C "" t dOr07•il" u. FUR A p;3=u+t a or 1Ro.ia rev?, r`• 70 ? !ASO 9A8AA CI tAZ7 eccA„ NOODa OTAGO OMC, ;HONG[ S tr31,of' t, At AC P 'Mir 4sx,e Or -CCEAA w0003 MCC ONr, rim A 0117 3.c7 or 10.36 re rr oZ9W9 Or Tarammo, o, r A , j.li�1T M d.L '. ;OR r 8x7,�) PG 11;35 +iCK�s ILn !t: M �I • I OST-2�-98 FRI 07;25 AN ISLAND TITLE txn �V. W r 40�orr - I . ..d OGT-21 =5 ' -m a M T. 4- 04: :y . OT; I P 4 ' y- 7; b i t• I., t . . • rh fJ . I t unzsi=T -p+ • F. } PQPIU it AHD EXAMPLE 8 • •y . Thle release price Lor each unit, at the time of cloatng, shall be • , 104t of the net sale proceeds derived from maid closing robe ti;tt applied to unpAid accrued inter.$t and then to principal. '..;. !f . .„ i P )f '.1 I 1 ,:.? a .; :; j 1 ti ] i i ! • it 7. r, y r. I r 1 } r; • .w . .1R.,•r,,no.,... -:-rN,.ti I„lc• c ` i ,p • P 4 i ax3456 PG 1436 ;,r . ►� , 11I\JI I1L,�L L...11^11.. -rvi lv, vtv • .. .... _ . 0OT-23-98 FRI 07:25 Aft ISLAND TITLF FAX NO. 407 45 i(t r, u� { . 0f OS~TW22 ,- . 1 _ - 5 - E. ; . �_ 4B + • 71( 1 • j .. n� R ►. $375,000.00 f'ebrua 15 I� cocoa Reach, Florida k Drina 20Dre•rsp cox vAbtlt REc81V1C, the undersigned, 1:21,1=17 �): and Feverall (collectively, the "Maker"), promises to pay to tJRRV.Rp Exonm:Rzhfd COMPANY it(DlvzDuAL Acooma PLAN Rhe PPeyep•), or order, in the manner hereinafter ■�ifi d , the • principal sum or 0HAEE HINOW0O-SZYWIT FIVE TMOUSamp AND NO/loo I*8.75,000.00) DOr,,tAng, with interest from the date hereof at the it 4, rate Of TEN q014 PgXCPIT PEA A)RYthit, on the balance from time to time outstanding, Said principal and interest shall be payable i, in lawful money of the United states of America at 5109 K. Atlantic Avenue, Cape Canaveral Florida MEG, or at such other place ao may hereafter be designated ten notice from holdar (the "holder") of this instrument totthe Maker. on thane r dates end in the Manner following': a Annual payments of interest only, oJn Lunde actually diabirsed commencing February fry, 1936 J andlike dayof eachthereafter, continuing te on e and every year with the entire 1. Ar to 1pe1 balance, plug accrual but unpaid Internet due at'1Ci payable on FebruA y 18, 1997. r T)tis MORTGAGE GE NMzs A REVOLVING No ASO TEE FRA24 roAL MANCE MAY ES INCREASED WO $6CpsABRD tH ACCORDANCE WITH ERE ACQUISITION • , END DEVELOPMENT LAN AGREEMENT or SVEN VATIC ltY9tk#f1T,';. • ,ti , Principal and any accrued interest due hereunder may ba '' prepaid er paid in advance, in whole or in part. a , any time Premium or penalty. '► This Note ie eaovs14 by a [fret mortgage (the 'Mortgagor) Q, from the Maker to the Payee detail yebruery 13, 1995. encumbering rcertain real aind personal +t. propertbaa located in steward Cotuity� , is Florida, all as more particularly desey►bed therein. The Maker f: and AIS persona liable or to become liable on this Note agree V that this inntcyment and the Mettings shall be governed by, vend •1• construed end enforced 14 a. ordatace with, the laws of the slats '' of PlOriaa. P O _hauld difaula be made in t*e payment of p:incipa1 or intermiuebe 1+ fifteent{l5) days+fromethe occurrence thereof,Mots te4 such defaultnot ar ff au dered f ulthit3 i'' oecwra in the Performance QII observance of any Covenant. J. obligation. provision, stipulation. i•I contained in the Mortgage or any othernsecurity documentatnow or f • hereafter executed in cersnectios with the iadsbtedp.se evi,denoad hereby, and mach default is not cured within lift■en (15) days from and afLer the date of occurrence thereof the whole unpaidit' balance a the Sri;tcf sl and all accrued and unpaid interest I;, thereon shall become immediately due and payable without notice, h at the option of the Molder hereof, anything herein: or in the F. Mortgage to the contrary notwithstanding, and payment thecae? ray be enforced and recovered its Whole or in part at any time by one �' or more of the 4. seeedien provided to the Molder in this •p the Mortgage, on such da cult Note or its J � h,. f . '7ny'►4epsid portion of the kv principal, all acc�'ued n►nd unpaid interest and any other sums due e under this note or mortgage shell bear interest front the date of L . default until paid ;n full at the bighesb rate allOWed under the laws of the State a3 Florida. In the event any installment of Interest Or principal (or any portion thereof) shall net no received by the Molder or reyoo I ' within fifteen (15) dpye of the date suchpayment becomoa due, Makes ■haltpayto tae ,of initially equal to five percent (6%) f the inetelloent (or portion 00456161437 i- . . 1'J.IAJI tSCNL COINIC 'tor Iv't vlvt iv/c..-/ iv vu.vv P•v.�.-rw ii , II OCT-23-98 FRI 07:26 AM ISLAND TITLE FAX NO, 407 4538773 F. IU OCT-X1^ ' • ' - • . -.• • 4 • -04. p.0�� * s ,r R R - J • 75I 142 95FE92® f 7Z2 Tats i(oRTGACP. Is DEIN(; H1;-AFcOrtJED To Ann THE ` � - n£CCRDIHG INroRmATION FOR THE FIRaT MATO/LSE. ' ‘'•_1 i '•• ••< • .: 9'Iai. R tlrura t'•_•t.,:.fr r;� ::__ t • * cot prepared by., She t. . wad q, RASSOORD ;Cct, :r*d� '. 44 � "• R t'�iianf�oDRD. OR.,► P.A. tt _ 4 .•• • ....Atlantic, Avenue, Suite 901 �"1 l G+tp • 1'rTr1� 4"yV f r *Medd - 91�' 9'• o Reach, Plorida• 92991 '"� 17:1'4//d 't 2R].,, . ID [ ' N . WItf+ad MEMOS, SECURITY P.O2X2tdE2iT Alai ' t' yt.aad t:ct tT aaez r gF t B11 JI !7J ' kry�sL'"i = , nada as of the 15th day of llebrru*ry, 1995, �: 'Ty oPati,fT CORP., a Ylarids ooryea<atioa (the • •Mbrtgsgor•), whose post office Address i■ 69 M. Orlendo Avenue, j ,. Cocoa Reach, Florida 12911„ to S00Txz1 s LACES, M.. a Plotida corporation (the 'Mortgages'). whcr., post office address is 5340 • I, • W. Atlantic Avenue, Cocoa peach, PlOrida 32931. , f', M 2 T)tg g a n Sr_ft: "`+ "V . t'. That to **cure the a `btsdoess in the Drinoipal R' nus of FIFTY THOUSAND AND 00/1000($50,000.09) DOLLARS, With en en ! Internet thereon, eviden®.d y that certain Mortgage Mote (the to •Mete•/ tram Mortgagor to Mortgagee of even date herewith, F. wort-gager sees bart�y asa0g; haws*¢a, aeii; aspics;, @!:cafe!, convey and confirm unto the Mertgewea the fullewlegi t- '1t. A. Them certain real property (the 'Land') situated in ' 4 t'` Brevard County. Placid', and d.actibed op follows, i i t EE:S EXI YDIT 'A' ATTACHED VSRUTP AND MADE A PART KSs2O? 13 11 Imre 15 A SECOND $ARTOA08 that ie u bleat to and inferior in Z lien and dignity to the Unit mortgage presently encumbering the „ • property in favor of Ersv*rd Engineering Coupsey sndivid,tsl V t • Account Pisa and Trust ('first )iortOag•a•t Hatch February 15, la 3394 cad Med in Oftidisl R*eerd,t pooh 3450 , Page :t it , of the Publi0 iteeords of arevarrc4turty, Porida, lCng[hs principal sum of $173,000.00, The Mortgagor herein a7 ;}�, FVAgrees tO pay tb# ef�oresaid first mortgage end to keep and '' s 'psrfosua all the terms, conditions end covenant■ of the first 1 .� mostgoge, and in the event the me:t�t cgs herein shell default !! under the terms and conditions of the first acI tgege, 111 steam `> tinder under this mertgege shall pampa* due and payable , immediately 'sitbOut notice at the option of the holder hereof ai i failure to emerolee this option shall not waive it in the crani i s of a aubeedUent default, end the bolder hereof pay pay any sums ' y,• due under the first mortgage dirsotly to the first Mortgagee and any Eur so paid shell be secured by the lien of this nOutgsgs. t t it ft. To0rrI.s* with all buildings. isrproyeaants, structures, t and, fixture,' now or hereafter placed in, under or upon the Land os neer or +hesvtsftar nttxcted thereto: ty' C. Tcsrxan >xvfli all eppurtanancee and ell the •stets and, 1,;. ri;; tat of Mortgagor it aod to tha above described Ne=rd, and ;I i etrxctvass, bvil41*ga. improvements. and I$!tturea now or 4 t•t• hereafter Placed or ex'lstintt tstersonr • u P. TOOSTRi1t NTTEH all awards or payments, it any. including I interest thereon, heretofore or hereafter made to $4;tgagor or •I I t' its auccessora••ia®!,izle for the taking by eminent domain of ithe x.21 .1 G.i 'r' ' • whole or any part of the Land, buildings, ia,provemente, structures, fixtures ane/or any •seemenl. including any awards or payments for change in the grade of any permits or any other l' Salary to or doorreaaa in the value of any of the above described Pi • property! s. TOOrrERE milli All of Mortgagor's interest in end to any .1•' aesoHOnte, m:i02s-of-way, lineaese, tenement& end hereditament. now or hereafter belonging or in any Way appertaining to the 1 i 1 8045fvcl1.t.n Annals cL 172_ .,: se-1116. EAid • r City of Cape Canaveral Fl CITY OF "CCAPE CANAVERAL PLANNING & ZONING BOARD AGENDA 111 POLK AVENUE FEBRUARY 26, 2003 7:30 P.M. Call to Order Roll Call NEW BUSINESS 1. Motion Re: Approval of Meeting Minutes February 12, 2003. 2. Review and Motion Re: Site Plan Approval of Ocean Woods West - Paul Winter, Stir Project Engineer.§ , 06- "'it r _ ify a /44 i,),1 , )-)0_4 ,,auu4A-ur- 42-1-4-4,- atthi24 0„)‘, ),It40) , 6 a goLt,t, -1,o-- a 6 „A.. 4, 04, 1,64,t- i4tAt 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 Planning and Zoning Board with respect to any matter rendered 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 and/or Community Appearance 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 868-1221,48 hours in advance of the meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com t-A ���� 9 Cityo „ , • f Cape Canaveral - 4;,1!1t. CITY OF CAPE CANAVERAL September 26, 2002 ,r d9S Holly R. Myers g ' 1225 Samar Road Cocoa Beach, FL 32931 RE: Special Exception Request No. 02-08 to Allow Residential Use in the C-1 Zoning District, Parcel A.08 and 500, Section 14, Township 24 South, Range 37 East - Holly Myers, Applicant. Dear Ms. Myers: The Board of Adjustment of the City of Cape Canaveral has heard information and testimony pertaining to your request at the meeting held on the 23rd day of September, 2002. Based on the testimony and information provided, the Board of Adjustment has approved your Special Exception Request with the following conditions: 1. If the applicant desires to utilize Ocean Woods Blvd. for ingress and egress, the applicant must provide proof of legal access and otherwise comply with all requirements for approval during the site plan process. 2. The development shall be limited to the (19) units as requested by the applicant. 3. The current owner shall make reasonable efforts to grant 20 ft. of the 50 ft. easement as requested by the city for landscaping along A1A. 4. The special exception shall run concurrently with the property. Should there be a violation to any part of this approval, the special exception is subject to revocation according to the City Code. Sincerely, Marilyn Rigerran Chairperson 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • FAX(321) 799-3170 • www.fcn.stace.fl.us/cape e-mail: ccapecanaveral@cfl.rr.com 54 ACE 4Jr ,,�� s�,, 1 i" . ,� �' City of Cape Canaveral cm►AO CITY OF CAPE CANAVERAL i_.y h iiii- F,, r. *kw 4.0? 1 I Date: March 4, 2003 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Proposed Ordinance Amending Section 110-171, Establishments Serving Alcoholic Beverages As suggested by the Board of Adjustments the attached proposed ordinance was referred to the Planning & Zoning Board for review and recommendation to City Council. The proposed ordinance establishes guidelines that the owner of the restaurant shall submit at time of occupational license renewal a signed affidavit attesting to the copliance of the required 51 percentage of sales from food prepared, sold and consumed on premises. The proposed ordinance also clarifies the size of the floor plan that must be submitted with the special exception request. The Board reviewed the proposed ordinance and recommended approval to City Council. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • FAX(321) 799-3170 • www.fcn.state.fl.us/cape e-mail: ccapecanaveral@cfl.rr.com • BROWN, WARD, SALZMAN & WEISS, P.A. Attorneys at Law Usher L.Brown' Offices in Orlando,Kissimmee, Debra S.Babb Suzanne D'Agresta° Cocoa&Viera Jeffrey P.Buak Anthony A.Garganese° Todd K.Norman Gary S.Salzman° John U.Biedenham,Jr. John H.Ward' Joseph E.Blitch Jeffrey S.Weiss Jennifer A.Michael Michelle A.Reddin Vincent E.Scarlatos 'Board Certified Civil Trial Lawyer °Board Certified Business Litigation Lawyer Erin J.O'Leary 'Board Certified City,County&Local Government Law Of Counsel February 25, 2003 Sent Via Facsimile & U.S. Mail 321-868-1247 Ms. Susan Chapman, Board Secretary City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Proposed Ordinance Amending Section 110-171 Establishments Serving Alcoholic Beverages City of Cape Canaveral - General Our File No.: 513-001 Dear Susan: Please find enclosed herewith an Ordinance amending Section 110-171 of the City Code, regarding special exceptions for establishments serving alcoholic beverages. As you will recall, we were asked to review this section of the Code following the Board of Adjustments consideration of an application under this Section. We request that you place this item on the dias before the February 26, 2003 Planning and Zoning Meeting. We will request that the Board place this item on the agenda for consideration and recommendation to the City Council. Ordinarily, we would ask that the matter be placed on the next available agenda, but as there is an application pending, we would like to clarify the code as soon as possible. 225 East Robinson Street,Suite 650•P.O.Box 2873.Orlando,Florida 32802-2873 Orlando(407)425-9566 Fax(407)425-95%•Kissimmee(321)402-0144•Cocoa&Viera(866)425-9566 Website:www.ortandolaw.net•Email:firm@orlandolaw.net Ms. Susan Chapman, Board Secretary February 25, 2003 Page 2 If you have any questions please do not hesitate to call our offices. Very truly yours, Je rey P. Buak Assistant City Attorney JPB/jd Enclosure: Proposed Ordinance cc: Bennett Boucher, City Manager (w/encls.) via fax Todd Peetz, City Planner (w/encls.) via fax 4 F;1Lawyerfeffb\City of Cape CanaverarCorrespondenrf`.Chapr.an_Ord_Amd_Chp110-171_Alcohol_Ltr022503.wpd ORDINANCE NO. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110-171 OF THE CITY CODE; PROVIDING FOR FILING REQUIREMENTS; PROVIDING FOR THE CLARIFICATION OF CODE REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City desires to clarify and correct the requirements for obtaining and maintaining a special exception for the sale and consumption of alcoholic beverages; 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 reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Section 110-171 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 the Ordinance of text existing in Section 110-171. It is intended that the text in Sections 110-171 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Sec. 110-171. Establishments serving alcoholic beverages. (a) Establishments which shall require a special exception under this chapter by the board of adjustment are those, whether or not licensed by the state department of business and professional regulation,division of alcoholic beverages and tobacco which dispense, sell, serve, store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception City of Cape Canaveral Ordinance No. Page 1 of 4 application,the board of adjustment shall not approve the application unless it is totally consistent with all the conditions as set forth in this subsection and also the following: * * * (2) The establishment of a vendor license by the state division of alcoholic beverages and tobacco permitting on-premises consumption of beverages shall not be located within 2,000 feet of another licensed establishment. The specific distance shall be measured in a straight line,without regard to intervening structures,from the closest exterior structural wall of each such establishment. Further, the establishment shall be in compliance with F.S. chs. 561 through 568. Provided, however, exceptions to this subsection are: * * * c. Restaurants licensed by the state division of alcoholic beverages and tobacco for malt beverages only or malt beverages and wine only,provided the following are complied with: * * * 3. A restaurant licensed under this exception shall not derive less than 51 percent of its gross income from the sale of nonalcoholic beverages and food prepared,sold and consumed on the premises.The obligation to sell 51 percent food and nonalcoholic beverages is a continuing obligation. It is a violation of this zoning code to sell wine and malt beverages granted under this exception unless the restaurant has derived at least 51 percent of its gross income from the sale of food and nonalcoholic beverages. Such percentage shall be determined by calculating the average monthly gross revenue from the sale of food and nonalcoholic beverages for the immediately previous 12- month period. The owner of the restaurant shall submit at time of occupational license renewal a signed affidavit attesting to the compliance of the required percentage. Occupational licenses shall not be renewed without the filing of such affidavit. Such affidavit shall be binding upon the owner of the restaurant.The owner shall also retain cash register receipts,guest checks and ledgers which may be reviewed at the request of the City to determine compliance. Failure to provide records requested shall be grounds for revocation of its occupational license and special exception granted under this section. The restaurant, if advertised, shall be advertised and held out to the public to be a place where meals are prepared and served. City of Cape Canaveral Ordinance No. Page 2 of 4 * * * (3) Package retail sales of alcoholic beverages for carryout, except for beer and wine sales,shall comply with subsections(a)(I1,(a)(2)c.5.,(a)(4),(a)(5)a.3. and(a)(5)a.5.of this section only. * * * (5) Each application for a special exception shall be accompanied by a vicinity map, a site plan map and a building floor plan. * * * c. The building floor plan shall be of a scale appropriate for the establishment, but in no case shall the scale be of not less than one-eighth(1/8)inch equals one(1) foot inch and shall detail room layouts and exits. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council,or parts of prior 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 maybe changed or modified as necessary to effectuate the foregoing. 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. Cay of Cape Canaveral Ordmace No. Page 3 of 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2003. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE. City Attorney F 1awycrjeffb City ofCape Cmrcil Ordurvrces Spec_Fxcep_+.:crsiic_Bec_Amcf_a7c City of Cape Canaveral Ordinance No. Page 4 of 4 PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 12, 2003 A Regular Meeting of the Planning & Zoning Board was held on February 12, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. MEMBERS PRESENT Bea McNeely Leo Nicholas John Fredrickson Andrea Shea -King Walter Schoenfeld MEMBERS ABSENT Lamar Russell OTHERS PRESENT Susan Chapman Todd Peetz Jeffrey Buak NEW BUSINESS Chairperson Alternate Vice Chairperson Board Secretary Staff Representative Assistant City Attorney 1. Auuroval of Meeting Minutes: January 22, 2003. Mr. Fredrickson complimented the Board Secretary on the thoroughness of the meeting minutes. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to approve the meeting minutes of January 22, 2003. Vote on the motion carried unanimously. Chairperson McNeely explained how the order of business would be conducted at this meeting and limited audience speaking to three minutes due to the lengthy agenda. All persons giving testimony were sworn in by Attorney Buak. 2. Recommendation to the Board of Adjustment Re: Special Exception Request No. 02-15 to Allow Residential Use in the C-1 Zoning District, Parcel 266, Section 23, Township 24 South, Range 37 East - Dan Green, Property Management, Inc., Petitioner. (Postponed at January 8, 2003 meeting). Planning & Zoning Board Meeting Minutes February 12, 2003 Page 2 Mr. Todd Peetz, City Planner, gave an overview of this request and explained why it had been tabled. He advised that the petitioner had met with him to discuss various options for the proposed project. Mr. Peetz verified the setbacks and parking requirements. He advised that the petitioner had reduced the number of proposed units to a total of sixteen units and added a swimming pool on the west side of the property. Mr. Dan Green, Petitioner, testified that his proposed project had initially consisted of six units per building which was now reduced to four units per building to add separation and green areas; and added a swimming pool. He submitted elevations and floor plans; and photo book of other sites he had developed. Mr. Green advised that he would try to work around the adult trees to offer an additional amenities and beautification to the project; the total impervious area was 61%, with 1/2 of that being pavement, driveways and buildings; he had not given any thought as to what to build on Phases II and III as shown on the proposed preliminary site plan; the total acreage allows for a total of 30 units of which he was proposing 16 units; the roadway would be 24 ft. wide and a cul-de-sac would be provided. The Board members reviewed the photos of properties that Mr. Green had previously developed. Brief discussion followed. Motion by Mr. Fredrickson, seconded by Ms. Shea -King to recommend approval of Special Exception Request No. 02-15. Discussion followed. Motion by Mr. Nicholas, seconded by Ms. Shea -King to amend the main motion to include the stipulation that the density shall be the same as shown on the exhibits provided by the Petitioner at this meeting. Vote on the main motion and amendment carried unanimously. 3. Recommendation to the Board of Adjustment Re: Special Exception Request No. 02-16 to Allow Residential Use in the C-1 Zoning District, Parcel 510, Section 14 Township 24 South, Range 37 East - John Allen, Allen Engineering, Petitioner. Mr. Todd Peetz, City Planner, explained that staff had reviewed the special exception request and recommended approval. Mr. John Allen, Petitioner, testified that the property consisted of 5.57 acres and was zoned C-1. He stated that a total of forty units were proposed; the property was compatible with residential; 32.7% would be building cover, 20.39 would be driveways, and 46.87% would be open and green area; there would be garages for each unit and a open parking area. Mr. Allen gave an overview of the proposed site plan. He advised that the property was south of Canaveral Breakers; sewer lines were existing; the infrasture would be installed during the first phase of construction. Mr. Allen noted that there was a 50 ft. setback along AIA. The Board members voiced concerns regarding traffic congestion along N. Atlantic Avenue. Mr. Allen advised that a landscaping plan and traffic study would be provided during the site plan review process and noted that the property would be heavily landscaped. Brief discussion followed. Motion by Mr. Fredrickson, seconded by Chairperson McNeely to recommend approval of Special Exception Request No. 02-16 as presented. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes February 12, 2003 Page 3 4. Review & Motion Re: Vested Rights Determination for Shores of Artesia, Phase II Lots 22-40. Section 14, Township 24 South, Range 37 East (Ridgewood Avenue) - Sand in the Shoes, Inc., Property Owner - Anthony Garganese, City Attorney. Mr. John Allen, Project Engineer, testified that engineering for Shores of Artesia, Phase I & II began on November 29, 1982; the site plan was approved by the City on August 24, 1983; water, sewer, storm drain as -built was submitted on June 8, 1983; the final plat for Phase I was recorded on September 20, 1983; the final plat for Phase H was recorded on September 18, 1984; the property has been paying taxes for each individual lot since the plats were recorded. Mrs. Colette Cannon, Corporation President, testified that the infrastructure was installed during the 1 st Phase of construction. She verified that she has been paying taxes on each lot. Assistant City Attorney Buak guided the Board in weighing the facts presented. He advised that City Attorney Garganese had researched the request for vested rights determination regarding Phase U of Shores of Artesia site plan and recorded plat. He explained that because the Cape Canaveral code does not contain specific vested rights procedure, the P & Z Board should consider that based on competent substantial evidence, whether Shores of Artesia, Phase II, site plan dated November 29, 1982 is vested. Mr. Buak explained that a vested rights determination is a quasi-judicial - proceeding. Therefore, it is very fact intensive and due process of law is applicable. The burden to demonstrate a vested right is on the property owner. He recommended that the Board consider the information and applicable law included in Attorney Garganese letter. He explained that the Board must permit the property owner and other interested parties an opportunity to present any other competent substantial evidence relevant to the property owner's petition. Mr. Garganese had highly recommended that the Board request that the property owner provide a detailed historical background on the development of the project. He noted that if the Board determines that the property owner has demonstrated that the elements of equitable estoppels are satisfied and Phase II site plan is vested, Phase H should be allowed to proceed at the subject property under applicable City codes and law. Mr. Nicholas questioned how the changes to the zoning code had effected this property. Following discussion, the Board concluded that setbacks and parking were the major changes. Mr. Fredrickson questioned how much of a hardship the changes actually effected the property and why the owner feels they have a vested right to build what was approved 19 years ago. Mr. Allen, project engineer, responded that the recorded plat would need to be dissolved and the property replatted to meet today's code requirements; the project was approved for 12 units per acre; Phase I was completed in its entirety; the entrance is on Ridgewood Avenue across from Canaveral Sands; the market conditions have changed since the 1980s; a considerable number of lots would be lost if they were required to build to today's code creating a potential financial hardship; some of the lots are 20 ft. wide. More specifically, the site plan had been approved; Phase I was completed; there would be a loss in revenue of the lots had to be reduced to meet today's requirements; and there is a vested interest in the infrasture. Discussion followed. Planning & Zoning Board Meeting Minutes February 12, 2003 Page 4 Mr. Nicholas noted that the zoning codes have changed; there was no turnaround radius for the Fire Department; the project had been abandoned for the passed 19 years; no hardship has been proven by the applicant; the value of the property has increased since the site plan was approved. Discussion continued. Mrs. Colette Cannon, Property Owner, testified that Phase I was completed in 1985; the shuttle disaster in 1986 created a bad real estate period; interest rates were higher in the 1980s than they are today; she has paid property taxes on each individual lot since the plat was recorded in 1984; Phase I was completed in 1985. Mr. Peetz, City Planner, advised that the setback requirements were 10 ft. in 1983 and were increased to 25 ft. Mr. Roger Smith, developer for the Petitioner, advised that he met with the city two years ago; the site plan would not work with today's code; the owner has been paying taxes on the 19 individual lots; and the City had changed the setback requirements. Motion by Mr. Fredrickson, seconded by Ms. Shea -King to approve. Discussion followed. Vote on the motion was as follows: Mr. Fredrickson, for; Ms. McNeely, against; Mr. Nicholas, against; Ms. Shea -King, against; and Mr. Schoenfeld, against. Motion failed by a (4) to (1) vote against the motion. 5. Review & Motion Re: Site Plan Approval of Bayport Condominiums - William Young, Applicant. The Board members reviewed the submitted site plan. Mr. Peetz, City Planner, advised that staff had reviewed the site plan and recommended approval. He advised that three driveways were proposed, only two driveways were allowed by code. However, the Board has the authority to waive the requirement. The City Engineer had noted that the middle driveway must align with Bayfront Court to allow a safer intersection in lieu of two driveways on a bend that are only separated by approximately 150 ft. Discussion followed. Mr. Bill Young, Applicant, advised that the proposed project was a condominium complex with a total of 106 units consisting of 58 townhomes and 48 condominium units; the project is almost identical to the Bayside Condominiums project; total acreage is 13.6; density of 8.15 units per acre; amenities would include a pool and clubhouse; 57% of the property is impervious. Mr. Young submitted photographs of depicting the look of the townhomes. Discussion was held regarding: setbacks, parking, building heights, percentage of impervious area, soil conditions, and relationships between the Bayside and Bayport projects. Mr. Young planned to begin site work with the next 60 days, with the project build -out projected in approximately three years. The units are priced between $199,000-$310,000. Discussion continued. Motion by Mr. Fredrickson, seconded by Ms. Shea -King to approve the site plan of Bayport Condominiums as presented. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes February 12, 2003 Page 5 6. Interview & Recommendation of Prospective Board Member - Dennis Jenkins, February 12, 2003. Mr. Dennis Jenkins was introduced by Chairperson McNeely. Assistant City Attorney Buak asked various questions to the applicant. Mr. Jenkins responded that he has lived at 425 Pierce Avenue for over five -years; self-employed for 26 years; he is President of Artesia Condominium Association; he has no conflict with meetings being held on Wednesday evenings; no family members serve on any of the city boards; he has served on several advisory type boards reviewing landscaping and beautification; no experience in residential or commercial; he maintains his background in master science. Mr. Jenkins advised that he enjoys this small community. He would like to see the older neighborhoods up scaled and would like more commercial uses including a grocery store. Brief discussion followed. Motion by Mr. Nicholas, seconded by Ms. Shea -King to recommend that Mr. Jenkins be appointed to the Board as an alternate member. Vote on the motion carried unanimously. 7. Review & Recommendation to City Council Re: Proposed Ordinance Establishing Sidewalk Impact Fees - Anthony Garganese, City Attorney. The Board reviewed the proposed ordinance that would impose impact fees for new sidewalks. The Board agreed that imposing fees was not part of this Board's responsibility. Mr. Buak advised that the ordinance was part of the land development code. Following discussion, the Board agreed that City Council should establish the fees for sidewalks and the method for obtaining those fees. Motion by Chairperson McNeely, seconded by Mr. Fredrickson to send this proposed ordinance back to City Council with no objection or action being taken by the Board. Vote on the motion carried unanimously. 8. Review & Recommendation to City Council Re: Reconsideration to Establish Height Limitations of Hedges - Anthony Garganese, City Attorney. Mr. Nicholas advised that the city has no minimum height established for buffering requirements between commercial and residential. Discussion was held regarding establishing minimum heights for buffering at the time of planting. Following discussion, the Board concluded that the Assistant City Attorney should change the proposed draft ordinance to include the following: Minimum 3 ft. buffering at the time of planting; a maximum of 6 ft. in height within 2 years after planting; and not to exceed a maximum of 8 ft. in height at any time. Assistant City Attorney Buak advised that he would rewrite the proposed ordinance and would present a new draft to the Board at a later meeting. There being no further business for the Board to consider the meeting was adjourned at 10:05 p.m. 11 ,' _ `Bea McNeely, Chairperson Susan L. Chapman, Board Secretary PLANNING & ZONING BOARD MEETING MINUTES JANUARY 22, 2003 A Regular Meeting of the Planning & Zoning Board was held on January 22, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. MEMBERS PRESENT Bea McNeely Lamar Russell Leo Nicholas John Fredrickson Andrea Shea -King Walter Schoenfeld OTHERS PRESENT Susan Chapman Todd Peetz Jeffrey Buak NEW BUSINESS Chairperson Vice Chairperson Alternate Board Secretary Staff Representative Assistant City Attorney 1. Approval of Meeting Minutes: December 11. 2002. Mr. Russell requested that the motion for Special Exception No. 02-14 be clarified. The Secretary read the recommendation to the Board of Adjustment that was signed by the Board Chairperson which read as follows: The Board postponed recommendation until the next scheduled meeting for additional information of the aesthetic appearance. The Board members agreed that the motion should state that verbiage for clarification. Motion by Mr. Russell, seconded by Ms. McNeely to approve the meeting minutes of January 8, 2003 as amended. Motion carried unanimously. All persons giving testimony were sworn in by Attorney Buak. 2. Recommendation to the Board of Adjustment Re: Special Exception Request No. 02-14 to Allow Residential Use in the C-1 Zoning District, Parcel A-24, Section 14, Township 24 South, Range 37 East - Kelstar Building Corporation, Petitioner. Mr. Russell clarified that the Board had requested information that was not submitted based on the criteria worksheet contained within the application. He suggested that the (0111 city staff explain to applicants that the Board will be asking for information and questions based on the criteria worksheet. Planning & Zoning Board Meeting Minutes January 22, 2003 Page 2 Mr. Peetz, City Planner, advised that staff has not received additional information from the applicant. He suggested that perhaps the criteria worksheet be included in the city code. He pointed -out that the distance requirements for lengths of roadways had been recently amended which created requests such as the ones the Board is reviewing now, on long narrow parcels of property located in the commercial zoning district. Mr. Gibson and Mr. Greene, petitioners, submitted photographs of the property and surrounding properties (Exhibit A) and proposed elevations (Exhibit B). Mr. Greene testified that the property would be heavily landscaped along the property boundaries during Phase I to allow the growth of the vegetation to mature by the time the property receives certificates of occupancy. He advised that the submitted elevations show the various depths creating greater architectural character. He noted that the property was approximately 900 ft. long by 500 ft. wide. He stated that St. Johns River Water Management District would not allow the buildings to be staggered due to drainage requirements. Mr. Gibson explained the contents of the photographs to the Board members. He pointed -out the existing landscaping and advised the fence along the boundary next to the trailer park would be heavily buffered with landscaping; the utilities were existing; 8 ft. tall oak trees would be planted to buffer the area behind LaCantina Restaurant; each unit would have its own courtyard and planted shrubs. Mr. Gibson advised that the existing road would be repaired and resurfaced. Discussion was held regarding the condition of the existing road and ownership of the road. Following discussion, the Board could not determine the condition or the ownership of the road based on the information provided. Mr. Peetz noted that city staff would review the matter during the site plan review process. Mr. Russell voiced his opinion that the proposed development still looked like barracks and having buildings 8 units long does not add attraction to the city. Mr. Russell suggested that the rather than 8 units in each building as proposed, the buildings could be spread -out with two units in each building. Mr. Greene responded that they are already building below density and the plan is fair and reasonable with upgraded landscaping. Mr. Russell requested to review traffic and drainage concurrency. He voiced his opinion that the proposed project does not add an attractive addition to the city and that it would be okay to leave it commercial, which would be a less intensive use than residential. Mr. Nicholas commented that nothing new has been presented since the last meeting; the townhomes look like barracks; the project appeared very congestive, over -built and over -density, and there were no added amenities. Mr. Greene responded that the city code allows what is being proposed and if the Board doesn't like it then perhaps the city should change what is allowed in the comprehensive plan and city code. He voiced his opinion that the Board was asking for information that is usually presented at a later stage. He advised that he presented elevations, floor plans and photos. He would make required adjustments to the plans during the site plan review process if the special exception is approved. Mr. Gibson advised that the same units were constructed in Cocoa Beach and this proposed plan are almost identical to a project that was approved by this Board and currently being constructed in Cape Canaveral called Cape Gardens. Planning & Zoning Board Meeting Minutes January 22, 2003 Page 3 Motion by Mr. Fredrickson, seconded by Ms. Shea -King to recommend approval. Discussion followed. Jeffrey Buak, Assistant City Attorney advised that if the Board should recommend that this request be denied then the Board should establish criteria for their decision to the Board of Adjustment. Discussion continued. Vote on the motion was as follows: Mr. Fredrickson, for; Ms. McNeely, against; Mr. Nicholas, against; Mr. Russell, against; Ms. Shea -King, against. Motion failed by a (4) to (1) vote against the motion. Discussion followed. Motion by Ms. McNeely, seconded by Mr. Russell to recommend disapproval to the Board of Adjustments with the following factual basis upon which the decision is rendered for Special Exception Request No. 02-14: the proposed project is located on a narrow parcel and is too intense and congested; the applicant was reluctant to spread the units out; traffic impact on N. Atlantic Avenue was not determined; drainage was not determined; green area is not maximized; condition of the existing road was not determined; the proposed project is not diverse architecturally; this is not a good plan for the community and perhaps a commercial use may be less intensive. If the Board of Adjustment should approve the request the Board should consider ascertaining the ownership of the existing road and the city should determine the quality of the existing road. Vote on the motion was as follows: Mr. Fredrickson, against; Ms. McNeely, for; Mr. Nicholas, for; Mr. Russell, for; and Ms. Shea -King, for. Motion carried by a (4) to (1) vote for the motion. Mr. Greene responded that the comments the Board is making would be more appropriate to have with staff during the site plan review process. Mr. Russell stated for the record that the applicant was given the opportunity to modify the layout of the proposed project to breakup the buildings into two or three units in each building with open area between each building. The Board is requesting information from the criteria worksheet which is part of the application. The Board is entitled to ask the questions they have asked. The Board does not have to agree with the applicant. Mr. Greene responded that breaking the units into two's as suggested is not a practical answer. Mr. Russell explained that when the city grants special exceptions for residential use in a commercial zone, the city has then effectively rezoned the property without a zoning hearing. Therefore, the Board is entitled to ask all the questions that they want so they are as thorough as they need to be whether it does go into a gray area or not before the city effectively rezones a piece of property without a zoning hearing. Mr. Greene responded that he is trying to follow the rules. 3. Motion Re: Approval of Casa Del Vista Preliminary Replat, (Corner of Lincoln and Ridgewood Avenue), Lot 15, Block 67, Avon by the Sea Subdivision - Walter Bowman, Project Engineer. Mr. Bowman submitted pictures of the lot and surrounding properties. He explained that this proposal was for a triplex; he had submitted a copy of the site plan for the benefit of the Board; and all staff comments had been satisfactorily addressed. Mr. Peetz verified that all city staff comments had been satisfactorily addressed. The following exhibits were entered into the record. Photographs of the lot (Exhibit A) and schematic of the proposed property (Exhibit B). Planning & Zoning Board Meeting Minutes January 22, 2003 Page 4 The Board inquired why this was the third submittal. Mr. Peetz responded that the code requires certain information be placed on a preliminary plat, including elevation information which was not shown on the original submittal. Mr. Nicholas voiced his concern that the required criteria should be on the 1 st or 2nd submittals. Mr. Peetz responded that the code is specific as to what is required to be shown on a plat. Mr. Bowman stated for the record that this was a replat of an existing platted lot of record, already supported by existing utilities, and the city code does not address a replat, only preliminary plat and final plat. Discussion followed. Motion by Mr. Nicholas, seconded by Ms. Shea -King to approve the preliminary replat of Casa Del Vista, as presented. Vote on the motion carried unanimously. 4. Recommendation to the Board of Adjustment Re: Special Exception Request No 02-10 to Allow Retail & Consumution of Beer in the C-1 Zoning District (Canaveral Plaza. 8147 Canaveral Blvd.) - John McLaughlin Petitioner. Mr. Peetz, City Planner. Mr. Catambay the property owner had verified that sufficient parking spaces were available for this establishment. He advised that this establishment was in close proximity to other establishments serving alcoholic beverages. Mr. McLaughlin, Petitioner, advised that the American Legion, Dilorenzo's pizza and Canaveral Meats & Deli were located adjacent to him. Mr. McLaughlin testified that he would be selling beer for on -premise consumption only; he also sells old beer and beer cans as novelty/collector items; the business would mainly be a sandwich and coffee shop. Motion by Ms. Shea -King to recommend approval. Motion failed for lack of a second. Mr. Nicholas noted that the 7 -Eleven was across the street which also sells beer. Mr. McLaughlin confirmed that none of the other businesses within the strip mall were opposed to his business. A lengthy discussion followed regarding clarifying the requirements of Section 110-171, Establishments Serving Alcoholic Beverages. Mr. McLaughlin verified that he understood that 51% of his sales would have to be from the sale of food. He stated that his business would be open early in the morning and would close by 5:00 p.m. Discussion was held regarding the various types of licenses required by the state to sell old cans of beer. Motion by Mr. Russell, seconded by Mr. Nicholas to recommend approval of Special Exception Request No. 02-10. Vote carried by a (4) to (1) majority vote with members voting as follows: Mr. Fredrickson, for; Ms. McNeely, against; Mr. Nicholas, for; Mr. Russell, for; and Ms. Shea -King, for. Chairperson McNeely called for a five minute break at 9:15 p.m. The meeting reconvened at 9:20 p.m. 6, Planning & Zoning Board Meeting Minutes January 22, 2003 Page 5 5. Recommendation to City Council Re: Final Plat Approval of Wendy's Business Park, 8400 Astronaut Boulevard - Allen Engineering, Applicant. Mr. Allen, Allen Engineering advised that the property has not been previously subdivided making this application a final plat, not a final re -plat. He confirmed that the property abuts the canal and that the owner would be receptive to participate in the usage of a bike path along the canal. Mr. Peetz, City Planner advised that city staff has no comments or concerns regarding this request. Motion by Mr. Fredrickson, seconded by Mr. Russell to recommend approval of the Final Plat for Wendy's Business Park. Vote on the motion carried unanimously. Motion by Mr. Nicholas, seconded by Ms. Shea -King to extend the meeting time beyond 10:00 p.m. to review the agended discussion items. Vote on the motion carried unanimously. DISCUSSION 1. Discussion & Recommendation Re: Joint Planning Agreement Concerning School Facilities. Mr. Peetz explained that new legislation passed for local jurisdictions that have schools within their jurisdictions to adopt an agreement to invite the Brevard County School Board to attend the Planning & Zoning Board meetings and copy them with proposed site plans. Mr. Russell suggested that this be incorporated in the Concurrency Management process. Mr. Peetz advised that March 1 st is the deadline for the city to adopt an agreement. He noted that the agreement should be amended into the Comprehensive Plan. He explained the agreement is mandated by the state to effectively open the doors for communications between the school board and local municipalities. Mr. Buak, Assistant City Attorney advised that the City Attorney would be meeting with the Brevard County School Board and making changes to the verbiage of the agreement before presenting it to City Council for adoption. Following discussion, the Board agreed that an agreement should be adopted however, no action was taken. 2. Discussion & Recommendation Re: Vehicle Rental Facilities. The Board members reviewed the proposed ordinance. Assistant City Attorney Buak explained that the ordinance defines restrictions for vehicle rental facilities by limiting negative visual impacts, traffic congestion and noise. The ordinance also imposes restrictions for distance and separation requirements from like establishments, minimum lot sizes, screening and limitations for noise and outside work/storage areas. Brief discussion followed. Motion by Mr. Russell, seconded by Ms. Shea -King recommend approval of the proposed ordinances to modify Sections 110-334 and 110-383; and create Section 110- 556. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes January 22, 2003 Page 6 3. Discussion & Recommendation Re: Landscape Buffering Between Zoning Districts. The Board members reviewed the proposed ordinance. Assistant City Attorney Buak explained that the ordinance specifically incorporates the C-2 zoning district within the parking and landscape regulations. Following discussion, the Board agreed that restricting the height of hedges in the residential zoning districts was a burden to property owners and should be eliminated. Motion by Mr. Russell, seconded by Ms. Shea -King to recommend approval of the proposed ordinance to include that the height restriction of hedges be eliminated in the residential zoning districts. Motion carried unanimously. 4. Discussion & Recommendation Re: Regulation of Colors in C-1. C-2 & M-1 Zoning Districts. The Board members reviewed the proposed ordinance. Assistant City Attorney Buak explained that the proposed ordinance would assist the Community Appearance Board in regulating the color of buildings and structures within the C-1, C-2 & M-1 zoning districts which properties are located along the city's major thoroughfares. Motion by Mr. Russell, seconded by Ms. She -King to recommend approval of the proposed ordinance. Vote on the motion carried unanimously. There being no further business for the Board to consider the meeting was adjourned at PLANNING & ZONING BOARD MEETING MINUTES JANUARY 8, 2003 A Regular Meeting of the Planning & Zoning Board was held on January 8, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson Leo Nicholas John Fredrickson Andrea Shea -King Walter Schoenfeld Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz Staff Representative Anthony Garganese City Attorney NEW BUSINESS Approval of Meeting Minutes: December 11. 2002. Motion by Mr. Russell, seconded by Mr. Nicholas to approve the meeting minutes of December 11, 2002. Motion carried unanimously. 2. Recommendation to the Board of Adjustment Re: Special Exception Request No. 02-14 to Allow Residential Use in the C-1 Zoning District, Parcel A-24 Section 14, Township 24 South, Range 37 East - Kelstar Building Corporation Petitioner. Mr. Todd Peetz, City Planner advised that this request was for residential use in the C-1 zoning district; city staff reviewed the request and has no comments opposing the change; comments from the fire department would be addressed during the site plan process. The Board members reviewed the application packet. Mr. Martin Greene, President of Kelstar Building Corporation testified that the request was to construct townhomes which included: 1,600 sq. ft. units; 3 bedrooms/2 baths; 1 -car garage; a total of 34 units or 12 units per acre. The Board members advised that the submitted drawing depicting the proposed buildings appeared to look like army barracks. Mr. Greene responded that there was no space for amenities because the property was long and narrow, however, the roadway would be upgraded and resurfaced; the property would be maintained through a home owners association. Mr. Bill Gibson testified that he could have brought elevations and photos if he had any previous indication that the Board wanted to see them. He advised that he constructed a similar project in Cocoa Beach across from the Pier which was featured in the Florida Today. Planning & Zoning Board Meeting Minutes January 8, 2003 Page 2 Mr. Gibson advised that the request met the requirements for R-2 zoning; the proposed square footage of the units are larger than required by code; the proposed density is less than what is allowed by code; the water and sewer was existing; and this property previously had a granted special exception for 46 townhouse units in 1982. Mr. Russell voiced his concerns that the project appeared to be very congested and too intense to be compatible with surrounding property. Ms. McNeely noted that the property was buffering C-1 zoning and would need to provide a landscape buffer along the property line. Mr. Fredrickson made a motion to recommend approval. There was no second to the motion. Discussion followed. Mr. Martin explained that he had come before the Board to ask for a special exception. He advised that the information being requested by the Board should be voiced during site plan review, however, he could have brought more schematics if he had known the Board was going to ask for them. Mr. Russell responded that the Board was not satisfied with the information provided to make a recommendation and the Board did not need to make a decision until they are satisfied. City Manager, Bennett Boucher, suggested to the applicant that he work with staff to eliminate the Board's concern to eliminate row housing, to rearrange the building to make them more appealing and palatable. Mr. Martin appreciated the suggestion and agreed that he would work with city staff and the Board. Mr. Russell suggested that the request be returned to the applicant for additional information. Mr. Martin requested that the request be withdrawn. City Attorney Garganese advised that if the applicant withdrew the request then he would need to reapply and pay the submittal fees again. Discussion followed. Motion by Chairperson McNeely, seconded by Vice Chairperson Russell to postpone recommendation until the next scheduled meeting for additional information of the aesthetic appearance. Vote on the Motion carried unanimously. Ms. McNeely called for a five minute break at 9:10 p.m. The meeting was called back to order at 9:15 p.m. 3. Recommendation to the Board of Adjustment Re: Special Exception Request No 02-15 to Allow Residential Use in the C-1 Zoning District, Parcel 266 Section 23, Township 24 South, Range 37 East - Dan Green, Property Management Inc Petitioner. Mr. Todd Peetz, City Planner advised that this property was located on the west side of Astronaut Blvd. just south of the 1 st Union Bank; and staff had reviewed the request and had no comments. He further advised that this request would come back to the Board for site plan approval. Mr. Dan Greene, Petitioner, testified that he thought a special exception request was at the preliminary stage of a proposed development. He advised that this proposed development consisted of 10 units; each unit would have a 2 -car garage, the end units would be one story; he intended to install a pool area on the property; the units would be larger than required by code; he doesn't like row housing; he was not informed that he needed more information on the preliminary stage of this proposed development. Planning & Zoning Board Meeting Minutes January 8, 2003 Page 3 Ms. Shea -King advised that it would help the Board to visualize what the project will look like if drawings are submitted. Mr. Russell advised that the Board of Adjustment has the final decision after the planning board makes recommendation. Mr. Russell voiced his opinion that if the property was developed as warehouses he would not have a problem with it and suggested that Mr. Green look at the Ocean Gardens subdivision. Mr. Nicholas voiced his concern regarding ingress/egress and emergency vehicle access. Mr. Russell advised that there was not enough information submitted with this request to make recommendation to the Board of Adjustment. Mr. Peetz pointed -out that this request was not a site plan review. He suggested that the applicant meet with city staff to discuss a roadway and sidewalk layout that would meet city code requirements. Mr. Green stated that if he had known the Board wanted to see additional information he could have brought it to the meeting. He advised that he would be out of town at the next meeting; he thought the site plan process is done after the special use is granted; he submitted a preliminary layout of the proposed projects for the Board's review. He voiced his opinion that residential would upgrade the surrounding properties. Ms. Shea - King voiced her opinion that she has a better feeling on this request than the previous one. Mr. Russell responded that the request should be postponed for more information pertaining to aesthetics of this proposed development before making recommendation. Motion by Mr. Russell, seconded by Mr. Nicholas to postpone this request until the 1 st meeting in February. Motion carried by majority vote with members voting as follows: Mr. Fredrickson, for; Ms. McNeely, for; Mr. Nicholas, for; Mr. Russell, for; Ms. Shea - King, against. 4. Recommendation to City Council Re: Vacation of 10 ft. Rear Utility Easement Lots 12-14 & 16-24, Harbor Heights - 2nd Edition Subdivision - Ed Gardulski Public Works Director. Ed Gardulski, Public Works Director explained that he reviewed the rear easement located within the Harbor Heights Second Addition Subdivision, Plat Book 15 and Page 80, Section 14, Township 24 South, Range 37 East and did not find any current or future need for the 10 ft. rear line utility easement for Lots 12-14 & 16-24 only. As Public Works Director, he supports the vacation of this original 10 ft. easement. He advised that the City of Cape Canaveral's utility easement utilized for this area is depicted on the re - plat of Ocean Woods, February 1980. The 20 ft. parcel between Harbor Heights and Ocean Woods that is now part of Harbor Heights. He respectfully requested that the Board recommend approval of this specific vacation request and he would then research the entire Harbor Heights area for addition easements and at a later date bring them before the Board for vacation as long as there were no utilities located within the easements. Mr. Nicholas responded that he would like the Board to recommend the entire Harbor Heights area all at one time. Mr. Gardulski responded that Harbor Heights is subdivided into individual subdivisions and that this request was specifically for the second edition subdivision. He noted that this was initially brought to his attention by one of the property owner's that were trying to refinance there home and a title search found that the 10 ft. rear easement was not vacated and yet they had a swimming pool located within the easement that was permitted by the City in May of 2002. Discussion followed. 1 Planning & Zoning Board - Meeting Minutes January 8, 2003 Page 4 Motion by Mr. Russell, seconded by Ms. Shea -King to recommend approval of the unused easement as described in the request. Vote on the motion carried unanimously. 5. Motion Re: Preliminary Plat Approval of Wendy's Business Park, 8400 Astronaut Blvd., Allen Engineering, Applicant. Mr. John Allen depicted the easements and placements of the buildings on the preliminary plat. Mr. Nicholas voiced his concern regarding shared access. Mr. Allen voiced his opinion that the one access from Astronaut Blvd. is safer than if the accesses were separated. Mr. Peetz advised that all comments from city staff had been satisfactorily addressed. Brief discussion followed regarding other properties sharing access. Motion by Mr. Russell, seconded by Ms. Shea -King to approve the preliminary plat of Wendy's Business Park as submitted. Vote on the motion carried unanimously. Due to the late evening hour the meeting was adjourned at 9:55 p.m. el aa l I , I Bea McNeely, Chairperson Susan L. Chapman, Board ecretary