HomeMy WebLinkAboutcocc_p&z_agendapkt_20190904 PLANNING & ZONING BOARD
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
100 POLK AVENUE, CAPE CANAVERAL, FL 32920
September 4, 2019
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
PUBLIC PARTICIPATION:
The Planning & Zoning Board will allow public comment on any item on the agenda at the time
each agenda item is considered by the Board,with the exception of ministerial items(e.g.,approval
of agenda,minutes,informational items,or ceremonial proclamations), emergency items and other
items for which there is no opportunity to be heard as provided in section 286.0114(3), Florida
Statutes. Quasi-judicial items shall require a public hearing, and public comments will be accepted
at the time the hearing is opened. The Planning&Zoning Board ordinarily will not take any official
action under the "Reports and Open Discussion" section of the agenda and, accordingly, public
comment on these items will not ordinarily be accepted. Should any official action be deemed
necessary on an item under"Reports and Open Discussion"or an item added to the agenda during
the meeting,public comment will either be accepted prior to official action being taken or will be
accepted when the item is placed on a future agenda for further consideration. The Board may
limit citizen comments to three (3) minutes if large numbers of citizens are present to comment,
except when additional time is required to afford due process for quasi-judicial items.
OLD BUSINESS:
NEW BUSINESS:
1. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to the
City Council Re: Ordinance No. 17-2019 to amend the Supplementary Zoning
District regulations regarding Oak Lane—City of Cape Canaveral, Applicant.
REPORTS AND OPEN DISCUSSION:
September 4,2019
Planning&Zoning Board Agenda
Page 2 of 2
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 Planning & Zoning Board with
respect to any matter considered at this meeting, that person will need a record of the
proceedings, and for such purpose that person may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. This notice does not constitute consent by the City for
the introduction or admission into evidence of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
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
Community Development Department(868-1222, ext. 117) 48 hours in advance of the
meeting.
City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 9/4/2019
ci.v ar
Item No.
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.
Applicant/Owner: City of Cape Canaveral
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 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
Planning and Zoning Board Meeting
Date: 9/4/2019
Item No.
Page 2 of 2
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
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.
To expedite adoption of the proposed Ordinance, first reading of the Ordinance was considered
by Council at its September 3,2019 meeting.Any revisions to the Ordinance that the P&Z Board
may have will be presented to the Council at second and Final reading.
Attachments:
1. Map of Survey
2. Ordinance No. 17-2019
The CD Staff recommends that the Planning and Zoning Board take the following
action:
Recommend Approval of Ordinance No. 17-2019 to the City Council.
Approved by CD Director: David Dicke Date:
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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
I 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