HomeMy WebLinkAboutcocc_council_mtg_packet_20190903_600regularCAPE CANAVERAL REGULAR CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
September 3, 2019
6:00 P.M.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION: Any member of the public may address any items that do not
appear on the agenda and any agenda item that is listed on the agenda for final official action by
the City Council excluding public hearing items which are heard at the public hearing portion of
the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-
judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City
Council will not take any action under the "Public Participation" section of the agenda. The
Council may schedule items not on the agenda as regular items and act upon them in the future.
PUBLIC HEARINGS:
6:15p.m.6:45p.m.
1. Resolution No. 2019-13; certifying a Right -of -Way and Maintenance Map of Oak Lane
located within the jurisdictional limits of the City of Cape Canaveral, Florida; providing
for the filing of the Map in the Office of Clerk of the Circuit Court of Brevard County
pursuant to Section 95.361, Florida Statutes; providing for the repeal of prior inconsistent
resolutions, severability and an effective date.
2. Ordinance No. 17-2019; amending the Supplementary Zoning District regulations
regarding Oak Lane; providing for the repeal of prior inconsistent ordinances and
resolutions, incorporation into the Code, severability and an effective date, first reading.
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the
public that: If a person decides to appeal any decision made by the City Council with respect to
any matter considered at this meeting, that person will need a record of the proceedings, and for
such purpose that person may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This notice
does not constitute consent by the City for the introduction or admission into evidence of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise
allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may
attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with
disabilities needing assistance to participate in the proceedings should contact the City Clerk's
office (868-1220 x207 or x206) 48 hours in advance of the meeting.
[City Seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 9/3/2019
Item No. 1
Subject: Resolution No. 2019-13; certifying a Right -of -Way and Maintenance Map of Oak
Lane located within the jurisdictional limits of the City of Cape Canaveral, Florida; providing
for the filing of the Map in the Office of Clerk of the Circuit Court of Brevard County pursuant
to Section 95.361, Florida Statutes; providing for the repeal of prior inconsistent resolutions,
severability and an effective date.
Department: Community Development
Summary: As far as the City can determine, Oak Lane first appeared in the unrecorded plat of
Jewell Properties, Inc., dated June 15, 1956. The City was incorporated in 1963. Pursuant to
City of Cape Canaveral Resolution No. 77-39, the City Council previously applied to Brevard
County in 1977 for conveyance of that certain land commonly known as Oak Lane. Thereafter,
a substantial portion of Oak Lane was conveyed to the City by Brevard County in 1977 by
County Deed recorded in Brevard County Official Records Book 1832 at page 429. The portion
of Oak Lane conveyed to the City by Brevard County, and the remaining portion of Oak Lane
connecting the former County portion to N. Atlantic Avenue, have been regularly maintained or
repaired continuously and uninterruptedly by the City for approximately more than four decades
as an unpaved public road.
As more fully explained in the Agenda Item for the proposed Ordinance No. 17-2019, due
primarily to the current unpaved status of Oak Lane and competing surveys related to several
single-family homes constructed in 2014/2015 on lots abutting the southern boundary of Oak
Lane, the location of the Oak Lane right-of-way was being questioned by some of the property
owners including whether the four single-family homes constructed by Sheropa, LLC. are in
compliance with the minimum 25-foot front -yard setback requirement under the City Code. As
a result, on September 4, 2018, the City engaged Campbell Surveying, LLC. to prepare a Map
of Survey to, among other things, establish the legal description for the Oak Lane right-of-way
and to install survey markers evidencing the location of the right-of-way, and to identify private
improvements existing within the right-of-way. In addition, Campbell Surveying, LLC. also
prepared a Right -of -Way & Maintenance Map of Oak Lane suitable for recording with the Clerk
of Court of Brevard County in accordance with law. (Attachment 1, Exhibit A). The Right -of -
Way & Maintenance Map and Map of Survey have identical legal descriptions for Oak Lane,
but serve different purposes.
A draft of the Map of Survey was provided to all property owners abutting Oak Lane. City staff
noticed and conducted a community meeting with the property owners with surveyor John
Campbell to discuss the Map of Survey. City staff received verbal and written comments from
property owners regarding the proposed legal description for Oak Lane. After the meeting,
adjustments to the Oak Lane survey and legal description were made by the Campbell Surveying
to address the comments pertaining to the boundaries of Oak Lane, primarily regarding the width
of Oak Lane commencing at the northwest corner and the northern boundary of Oak Lane.
Section 95.361, Florida Statutes authorizes the state, counties and municipalities to certify and
record right-of-way maps with the clerk of the circuit court when public roads are regularly
maintained or repaired continuously and uninterruptedly by the applicable government agency
for a statutory minimum number of years of 4 or 7 years. The recording of the map notes for
City Council Meeting
Date: 9/3/2019
Item No. 1
Page 2 of 2
the public record the location of the roadway in question and that all right, title, easement and
appurtenances to roadway are vested in the government agency certifying and recording the
map. The recording of a right-of-way map is intended to provide the government in question
and the public certainty as to the location and right, title easement and appurtenances to public
roads.
Under the aforementioned circumstances, City staff is recommending that the City Council
adopt Resolution No. 2019-13 (Attached) certifying and recording the Right -of -Way &
Maintenance Map of Oak Lane with the Brevard County Clerk of the Circuit Court.
Submitting DepartmentY Director: David Dickey Date: 8/27/19
Attachment:
Resolution No. 2019-13 including Exhibit A (Right -of -Way & Maintenance Map of Oak Lane)
Financial Impact: Staff time to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/27/19
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2019-13.
Approved by City Manager: David L. Greene Date: 8/27/19
RESOLUTION NO. 2019-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
CERTIFYING A RIGHT-OF-WAY AND MAINTENANCE
MAP OF OAK LANE LOCATED WITHIN THE
JURISDICTIONAL LIMITS OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR THE FILING
OF THE MAP IN THE OFFICE OF CLERK OF THE
CIRCUIT COURT OF BREVARD COUNTY PURSUANT TO
SECTION 95.361, FLORIDA STATUTES; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Oak Lane is a City public road located within the jurisdictional limits of the
City of Cape Canaveral, Florida; and
WHEREAS, Oak Lane is one of two remaining unpaved City public roads located within
the City of Cape Canaveral; and
WHEREAS, a substantial portion of Oak Lane was conveyed to the City by Brevard
County in 1977 by County Deed recorded in Brevard County Official Records Book 1832 at Page
429, and that portion and the remaining portion of Oak Lane have regularly been maintained or
repaired continuously and uninterruptedly by the City for decades, and all right, title, easement
and appurtenances to Oak Lane herein described vested in the City of Cape Canaveral, in
accordance with provisions of Section 95.361, Florida Statutes, or by other lawful means of
acquisition including by County Deed; and
WHEREAS, the City Council hereby finds that it is in the best interests of the public
health, safety and welfare to certify and record the Right -of -Way and Maintenance Map of Oak
Lane described herein and to declare of record said road to be a dedicated public road; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida:
Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are
incorporated by reference herein.
Section 2. Certification of Map; Execution of Certificate of Approval. The City Council
of the City of Cape Canaveral hereby certifies the Right -of -Way and Maintenance Map of Oak
Lane prepared by Campbell Surveying, LLC, as attached hereto and incorporated herein by this
reference as Exhibit "A." The Mayor and City Clerk are hereby authorized to complete and
execute the Certificate of Approval by the City Council of Cape Canaveral set forth on the Right -
of -Way and Maintenance Map.
City of Cape Canaveral
Resolution No. 2019-13
Page 1 of 2
Section 3. Recording of Map and Resolution. Upon completion and execution of the
Certificate of Approval referenced in Section 2 herein, the City Clerk is hereby instructed to record
the Right -of -Way Maintenance Map in the office of clerk of the Circuit Court in Brevard County
in accordance with Section 95.361(3), Florida Statutes. In addition, a copy of this Resolution shall
also be recorded in the Official Records of Brevard County, Florida.
Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions
in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this
3rd day of September 2019.
ATTEST:
Mia Goforth, CMC
City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown
Bob Hoog
Wes Morrison
Rocky Randels
Angela Raymond
City of Cape Canaveral
Resolution No. 2019-13
Page 2 of 2
[map]
[City Seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 9/3/2019
Item No. 2
Subject: Ordinance No. 17-2019; amending the Supplementary Zoning District regulations
regarding Oak Lane; providing for the repeal of prior inconsistent ordinances and resolutions,
incorporation into the Code, severability and an effective date, first reading.
Department: Community Development
Summary: In 2014/2015, Sheropa, LLC. applied for and received building permits to construct
four single-family homes on four separate lots abutting the southern boundary of Oak Lane (127,
131, 135 and 139 Oak Lane). Per the Building Department's practice, the building permits were
issued in reliance upon certified surveys, which in this case were submitted by Walker
Surveying, a licensed surveyor in the State of Florida. The Walker surveys demonstrated
compliance with City Code requirements, including property lines, setbacks, the location of
improvements, etc. The permit applications also included copies of warranty deeds, with legal
descriptions consistent with the surveys.
However, as the City Council is aware from a previous variance proceeding related to 127 Oak
Lane, during the permitting and construction of the four single-family homes, competing
surveys were submitted to the City disputing the accuracy of several of the surveys submitted
by Walker Surveying, specifically whether the single- family homes were constructed in
compliance with the City's zoning side and front setback requirements.
In fact, relevant to the side setback issue, a quiet title action is still pending involving Sheropa,
LLC. (127 Oak Lane) and the property owner of 123 Oak Lane related to the side lot boundary
line between 123 and 127 Oak Lane. In addition, it is the City's understanding that Sheropa,
LLC. is attempting to resolve a side setback issue related to the side lot boundary line between
131 Oak Lane owned by Sheropa, LLC. and 135 Oak Lane which is owned by another property
owner.
Furthermore, due primarily to the current unpaved status of Oak Lane and competing surveys,
the location of the Oak Lane right-of-way was being questioned by some of the property owners
including whether the four single-family homes constructed by Sheropa, LLC. are in compliance
with the minimum 25-foot front -yard setback requirement under the City Code. As a result, on
September 4, 2018, the City engaged Campbell Surveying, LLC. to prepare a Map of Survey to,
among other things, establish the legal description for the Oak Lane right-of-way and to install
survey markers evidencing the location of the right-of-way, and to identify private
improvements existing within the right-of-way. A copy of the Oak Lane Map of Survey is
attached to this Agenda Item (Attachment 2).
In addition, Campbell Surveying measured the distance of fronts of all six (6) of the single-
family homes along the southern boundary of Oak Lane from the southern boundary of Oak
Lane right-of-way. The measurement was taken to determine whether these six (6) homes are in
compliance with the current minimum 25-foot front setback requirement. Based on these
measurements taken by Campbell Surveying, it appears that five (5) of the six (6) single-family
homes are not in compliance with the minimum front setback requirement to varying degrees
including the four single-family homes constructed by Sheropa, LLC. The closest home (135
Oak Lane) is 19.1 feet from the southern boundary of Oak Lane. The single-family homes along
City Council Meeting
Date: 9/3/2019
Item No. 2
Page 2 of 2
the northern boundary of Oak Lane were not measured because they all appear to be well within
the minimum 25-foot front setback requirement.
Furthermore, as part of the surveying assignment, Campbell Surveying identified on the survey
all utilities and private improvements existing within the Oak Lane right-of-way. Based on the
survey, it appears that all property owners along the southern and northern boundary of Oak
Lane, and several utilities, have one or more private improvements located within the Oak Lane
right-of-way such as driveway aprons, pavers, mailboxes, landscaping, and utilities.
Based on the Map of Survey (Attachment 1) provided by Campbell Surveying, LLC., there is a
need to adopt supplemental zoning regulations to address front setback and existing private
improvements and utilities within and along Oak Lane in order to address property interests.
The proposed Ordinance (Attachment 2) will result in a legislative amendment to Chapter 110
— Zoning, by creating a new section (Sec. 110-490.2) specifically for properties abutting Oak
Lane to include a new minimum front setback of 19 feet. Furthermore, the Ordinance provides
for certain private improvements to be located within the unpaved portion of Oak Lane;
however, upon written notice by the City, property owners will have to relocate said
improvements under certain circumstance identified in the Ordinance. Adoption of the
Ordinance will bring the front setbacks of all single-family homes along Oak Lane and the
private improvements within the Oak Lane right-of-way into compliance with the City Code.
Submitting Department Director: David Dickey Date: 8/27/19
Attachments:
1. Map of Survey
2. Ordinance No. 17-2019
Financial Impact: Staff time to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/27/19
The City Manager recommends that City Council take the following action:
Approve Ordinance No. 17-2019 on first reading.
Approved by City Manager: David L. Greene Date: 08/27/19
[map]
Attachment 2
1 ORDINANCE NO. 17-2019
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
5 AMENDING THE SUPPLEMENTARY ZONING DISTRICT
6 REGULATIONS REGARDING OAK LANE; PROVIDING
7 FOR THE REPEAL OF PRIOR INCONSISTENT
8 ORDINANCES AND RESOLUTIONS, INCORPORATION
9 INTO THE CODE, SEVERABILITY AND AN EFFECTIVE
10 DATE.
11
12 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
13 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
14 law, and pursuant to Section 316.006(2), Florida Statutes, the City shall have original jurisdiction
15 over all streets and highways located within the City's jurisdictional boundaries, except state roads,
16 and shall have the power to regulate all such streets and highways as provided by law; and
17
18 WHEREAS, Oak Lane is a City public road located within the jurisdictional boundaries
19 of the City of Cape Canaveral, Florida; and
20
21 WHEREAS, Oak Lane is one of two remaining unpaved City public roads located within
22 the City of Cape Canaveral; and
23
24 WHEREAS, a substantial portion of Oak Lane was conveyed to the City by Brevard
25 County in 1977 by County Deed recorded in Brevard County Official Records Book 1832 at Page
26 429, and that portion and the remaining portion of Oak Lane have regularly been maintained or
27 repaired continuously and uninterruptedly by the City for decades; and
28
29 WHEREAS, the City Council recently adopted Resolution No. 2019-13 certifying a Right-
30 of -Way and Maintenance Map for Oak Lane, prepared by Campbell Surveying, LLC., and
31 recognizing all right, title, easement and appurtenances to Oak Lane described in said Resolution
32 are vested in the City of Cape Canaveral, in accordance with the provisions of Section 95.361,
33 Florida Statutes, or by other lawful means of acquisition including by County Deed; and
34
35 WHEREAS, based on the Right -of -Way and Maintenance Map and survey information
36 provided by Campbell Surveying, LLC., the City Council finds that there is a need to adopt
37 supplemental zoning regulations to address front setback and existing private improvements and
38 utilities within and along Oak Lane in order to address property interests; and
39
40 WHEREAS, the City's Land Planning Agency conducted a public hearing regarding this
41 Ordinance on and recommended that the City Council adopt this
42 Ordinance; and
43
44 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
45 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape
46 Canaveral.
47
48 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
49 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
City of Cape Canaveral
Ordinance No. 17-2019
Page 1 of 3
1
2 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
3 reference as legislative findings and the intent and purpose of the City Council of the City of Cape
4 Canaveral.
5
6 Section 2. Code Amendment. Chapter 110, Article IX — Supplementary District
7 Regulations of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as
8 follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks
9 (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110, Article IX —
10 Supplementary District Regulations. It is intended that the text in Chapter 110, Article IX —
11 Supplementary District Regulations denoted by the asterisks and set forth in this Ordinance shall
12 remain unchanged from the language existing prior to adoption of this Ordinance:
13
14 CHAPTER 110 - ZONING
15
16 * * *
17 ARTICLE IX. - SUPPLEMENTARY DISTRICT REGULATIONS.
18
19 * * *
20
21 Sec. 110-490.2. — Oak Lane
22
23 Notwithstanding any contrary provision in the City Code, the following provisions shall
24 apply to properties abutting Oak Lane:
25
26 (a) The minimum front setback shall be 19 feet.
27
28 (b) Private driveway aprons, curbing, pavers, mailboxes, landscaping, and utilities
29 ("Private Improvements") may be maintained by property owners within the unpaved portion of
30 Oak Lane at the property owner' s expense. However, upon written notice by the City, property
31 owners shall be required to remove and relocate the Private Improvements in the event the City
32 determines that removal and relocation is required because of any of the following reasons:
33
34 (1) An emergency exists;
35 (2) The Private Improvements interfere with the free flow of vehicular or pedestrian traffic
36 within Oak Lane; or
37 (3) The repair, maintenance or improvement of Oak Lane by the City.
38
39 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
40 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
41 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
42
43 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
44 Canaveral City Code and any section or paragraph, number or letter and any heading may be
45 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
46 like errors may be corrected and additions, alterations, and omissions, not affecting the
47 construction or meaning of this Ordinance and the City Code may be freely made.
48
City of Cape Canaveral
Ordinance No. 17-2019
Page 2 of 3
1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
3 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
4 be deemed a separate, distinct and independent provision, and such holding shall not affect the
5 validity of the remaining portions of this Ordinance.
6
7 Section 6. Effective Date. This Ordinance shall become effective immediately upon
8 adoption by the City Council of the City of Cape Canaveral, Florida.
9
10 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
11 of , 2019.
12
13
14 Bob Hoog, Mayor
15
16
17
18 ATTEST: For Against
19
20 Mike Brown
21
22 Mia Goforth, CMC Robert Hoog
23 City Clerk
24 Wes Morrison
25
26 First Reading: September 3, 2019 Rocky Randels
27 Advertisement:
28 Second Reading: Angela Raymond
29
30
31
32
33 Approved as to legal form and sufficiency
34 for the City of Cape Canaveral only by:
35
36
37 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 17-2019
Page 3 of 3