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Home My WebLink About2006-Packets (Agenda)-02-22-2006City of Cape Canaver PLANNING & ZONING BOARD REGULAR MEETING CITY HALL ANNEX 111 POLK AVENUE FEBRUARY 22, 2006 7:30 P.M. CaII to Order Roll CaII NEW BUSINESS 1. Approval of Meeting Minutes: nl i w&, r}./ February 8, 2006. 2. \'i Recommendation to Cit Council Re: Preliminary Replat Villagio Del Mar - rc• ;,; Block 6, Lots 1 & 2, ' ; Avon by the Sea, (Washington Avenue) - Ronald Wallen, Applicant. �3. ecommendation to City Council Re: C-1 Moratorium Ordinance for Residential C,� 1i Special Exceptions (R-2) on A1A - Anthony Garganese, City Attorney. 4` Recommendation to City Council Re: Transports ion Access Management t i li�aLLI °� ltc �CC4�{[ l il4tC:. , ri,� Ordinance - Todd Peetz, CityPl_r.{ \, �6 hil_ C(("):eiCt"'ll tI,iUA.IL • �LU� `��C ��„4 v� 1 ` d �5,-X 1L�-L/� ,IG (t �li 5. ��r Recommendation to City Council Re: Changes to Chapter 110, Sections 87-108 •' , - Todd Peetz, City Planner. • t,L iltil1 f /11.Ul,6 6. Discussion Re: Planner. j,k � 7. esidential Use in the C-1 Zoning Distriot\ Todd Peetz, City CatYr,r, `- Discussion Re: Changing C-1 Zoning to R-1 Zoning on Lots 2 & 3, Harbor Heights West Subdivision - Todd Peetz, City Planner. 1-- \ Ct� r\cl_ , C t(ti .i OPEN DISCUSSION ADJOURN Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a perso decides to appeal any decision made by the Planning and Zoning Board with respect 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 t 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) 868-1222 • SUNCOM: 982-1222 • FAX (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com ` Dlunn Bea ly ,. Lamar R*sell PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 8, 2006 A Regular Meeting of the Planning & Zoning Board was held on February 8, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea 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 John Fredrickson Donald Dunn rry Pearson i`1�1IC;\\i;‘`i1`'1'� OTHERS PRESENT Duree Alexander Todd Peetz Anthony Garganese Robert Hoog Leo Nicholas Bennett Boucher Earl McMillin Catherine Barnes Recording Secretary City Planner City Attorney Mayor Pro Tem Council Member City Manager Board of Adjustment Chairperson Board of Adjustment Member Chairperson McNeely introduced and welcomed John Johanson to the Board as a new member. NEW BUSINESS: 1. Approval of Meeting Minutes: January 25, 2006. The Board members complimented the Board Secretary on the writing of the minutes. Motion by John Fredrickson, seconded by Donald Dunn to approve the meeting minutes of January 25, 2006. Vote on the motion carried unanimously. 2. Discussion Re: Changing C-1 Zoning to R-1 Zoning on Lots 2 & 3, Harbor Heights West Subdivision. Chairperson McNeely asked for competent substantial evidence as opposed to opinions. Todd Peetz, City Planner, explained that Lamar Russell had asked that this item be placed on the agenda regarding rezoning Lots 2 & 3, Harbor Heights West Subdivision. He advised that the special exception for this property was discussed at the last meeting. He gave an overview of the contents of the Board packet regarding this agenda item. He advised that since the last meeting, the property owner has met with the City staff regarding developing a four story, 45 ft. high office building, with approximately 11,000 sq. ft. of usable office space. Anthony Garganese, City Attorney, advised the under Florida law, Mr. Johanson was required to declare a voting conflict of interest because he was one of the property owners. He strongly suggested that Mr. Johanson also abstain from trying to influence the Board during discussion. Mr. Johanson stated for the record that he is partial owner of the property and agreed to abstain from voting and the discussion. Planning & Zoning Board Meeting Minutes February 8, 2006 Page 2 Chairperson McNeely gave an overview of the property. She questioned if the Board wished to move forward to recommend a Small Comprehensive Plan Amendment to rezone Lots 2 & 3 from C-1 (commercial) to R-1 (single family residential). Bennett Boucher, City Manager, advised that the City Council had held discussion at their last meeting regarding a concern about two specimen trees located on the Sea Shell Cay property. He noted that the Special Exception is being presented at the Board of Adjustment meeting next Monday night for the R-2 use on the Sea Shell Cay North property. Discussion was held regarding the City administratively rezoning the property. Vice Chairperson, Lamar Russell, commented that if the Board of Adjustment grants the request for R-2 use, than this issue is biiife. He advised that the Board of Adjustment must consider commercial use of the property. He stated that the City should have rezoned these Tots to R-1 many years ago. He voiced his opinion that it doesn't make any sense to place multi -family in between two single family homes. He further voiced his opinion that a 45 ft. tall building is incompatible with residential use. He stated that the City should fix this by rezoning the property to R-1. He advised that the City's Comprehensive Plan strongly encourages single family residential. Chairperson McNeely advised that she attended the site plan pre -application meeting for a proposed commercial building on the Sea Shell Cay North property. She noted that some concerns were raised at the meeting including: aerial fire truck access; proposed interior corridors causing more of a fire threat than exterior corridors; parking; and a tree survey being required to identify specimen trees. Discussion followed regarding the fire department's concerns; and general site plan requirements. Additional discussion was held regarding the Board of Adjustment having the final decision on the Special Exception request to build multi -family residential. Anthony Garganese, City Attorney, pointed -out that if the Special Exception request is denied, the property owner is ready to go forward with a commercial use. Discussion continued. City Planner, Todd Peetz, advised that if the property is developed commercial, a traffic study, and a tree survey will be required. He noted that buffering will also be required. Discussion was held regarding a Small Scale Comprehensive Plan Amendment and re- zoning. Vice Chairperson Russell suggested that the Board wait for the outcome of the Board of Adjustment meeting. He suggested that this agenda item be postponed until the next meeting. Motion by Lamar Russell, seconded by Donald Dunn to postpone this agenda item until the next meeting. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes February 8, 2006 Page 3 3. Discussion Re: Residential Use in the C-1 Zoning District. Todd Peetz, City Planner, gave an overview of the agenda item. Chairperson McNeely asked if the City was no longer going to all residential use along the A1A corridor, than what type of commercial use will be allowed? She commented that a business may come to the City that is not compatible. Discussion followed regarding establishing criteria such as: distance requirements, types of allowed businesses; and compatibility with surrounding uses. Further discussion was held regarding the City creating a 5-year vision plan. The Board members voiced their opinions regarding the City continuing allowing special exceptions for residential use in the commercial zoning district along A1A & N. Atlantic Avenue. Discussion was held regarding identifying the remaining vacant lots. Bennett Boucher, City Manager, commented that the best thing the City can do is to have sufficient and compatible zoning districts. Todd Peetz, City Planner, gave an overview of requirements and criteria for both Small Scale and Large Scale Comprehensive Land Use Amendments. He suggested that this issue be placed on the next month's agenda for further discussion. OPEN DISCUSSION Bennett Boucher, City Manager, announced that on February 21, 2006, the City Council will continue to review Chapter 110. The meeting will begin at 5:00 p.m. There being no further business, the meeting was adjourned at 9:20 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary Meeting Type: Planning and Zoning Meeting Date: 2/22/06 AGENDA AGENDA REPORT PLANNING AND ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Recommendation to City Council - Moratorium Extension DEPT./DIVISION: Building Department Heading Discussion Moratorium Item No. #3 Requested Action: Review and recommendation to City Council - C-1 moratorium ordinance for residential special exception (R-2) on AlA. Summary Explanation & Background: The moratorium for residential use in C-1 along the A1A corridor is being considered for an extension to September 30, 2006. This is to give the Business and Cultural Development Board and the Planning and Zoning Board and City Council time to consider a moratorium and any potential alternatives that may be recommended. Exhibits Attached: Draft Ordinance Planning Official's Office Department ORDINANCE NO. 01-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA EXTENDING THE MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110- 334(10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT ONLY ALONG THE A1A HIGHWAY CORRIDOR FOR A PERIOD OF SIX (6) MONTHS; PROVIDING FOR THE BUSINESS AND CULTURAL DEVELOPMENT BOARD TO CONDUCT A SURVEY OF THE CITY'S RESIDENTS REGARDING WHAT KINDS OF BUSINESSES THE RESIDENTS DESIRE ALONG THE A1A HIGHWAY CORRIDOR; PROVIDING FOR THE PLANNING AND ZONING BOARD TO EVALUATE POTENTIAL PROBLEM AREAS ALONG THE A1A HIGHWAY CORRIDOR SHOULD SPECIAL EXCEPTIONS ALONG A1A BE PERMANENTLY DISCONTINUED; AUTHORIZING ONE SIXTY (60) DAY EXTENSION OF THE MORATORIUM TO THE EXTENT NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; 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 Council enacted Ordinance 19-2005 on November 1, 2005 imposing a 90-day moratorium on accepting applications and issuing special exceptions under. section 110- 334(10) of the City Code regarding residential uses within the C-1 Commercial Zoning District along the A1A Highway corridor; and WHEREAS, on January 17, 2006, the City Council approved Resolution 2006-05, extending the moratorium for sixty (60) days until March 31, 2006; and WHEREAS, during the moratorium period the City's Business and Cultural Development Board and Planning and Zoning Board determined that the issue of appropriate uses along the AlA Highway corridor requires additional study; and WHEREAS, the Business and Cultural Development Board shall conduct a survey of the City's residents with regard to what kinds of business they desire along the A1A Highway corridor; City of Cape Canaveral Ordinance No. 01-2006 Page 1 of 3 and WHEREAS, the Planning and Zoning Board desires to evaluate potential problems areas along the A 1 A Highway corridor should allowing special exceptions pursuant to section 110-334(10) along A1A be permanently discontinued; and WHEREAS, the City Council desires to extend the current moratorium for an additional six (6) month period beginning on March 31, 2006 and ending on September 30, 2006, in order for the Business and Cultural Development Board and the Planning and Zoning Board to complete their respective analysis of the appropriate uses along the A1A Highway corridor; and WHEREAS, the United States Supreme Court has found that the issuance of temporary moratoria in order to preserve the status quo while studying the impact that certain development activities have on an area does not constitute a taking per se; See Tahoe -Sierra Preservation Council, Inc. v. Tahoe Reg. Planning Agency, 535 U.S. 302 (2002); and WHEREAS, it is in the best interests of the City of Cape Canaveral to extend the temporary moratorium in order to study alternative methods of regulation and mitigation of land clearing within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, HEREBY ORDAINS, AS FOLLOWS: Section 1. Moratorium Extended. That the above recitals are adopted as Findings of Fact which clearly justify the six (6) month extension of the moratorium on accepting applications and issuing special exceptions in accordance with Section 110-334(10) of the City Code, for any single family dwellings, two family dwellings, townhouses, and multiple -family dwellings in the C-1 commercial zoning districts along the A1A Highway corridor only. The moratorium enacted hereunder shall not apply to any application for a special exception under Section 110-334(10) of the City Code that was filed with the City prior to October 18, 2005. Section 2. Action to be Taken. During the period of this moratorium, the City of Cape Canaveral Business and Cultural Development Board will conduct a comprehensive survey of the City's residents with regard to the kinds of businesses the residents desire to see along the A1A Highway corridor, and report the results of such survey to the Planning and Zoning Board and City Council. Additionally, the City of Cape Canaveral Planning and Zoning Board shall evaluate potential problems areas along the A1A Highway corridor should special exceptions pursuant to section 110-334(10) be permanently discontinued. Section 3. Expiration Date. The moratorium shall expire on September 30, 2006, six (6) months after its effective date. The expiration date of the moratorium may be extended for sixty (60) days by resolution of the City Council at a duly held Council meeting. City of Cape Canaveral Ordinance No. 01-2006 Page 2 of 3 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Not Incorporated Into Code/Posting . This ordinance shall not be incorporated into the Cape Canaveral City Code. A copy of this ordinance shall be conspicuously posted at the front desk at City Hall, and at other public places deemed appropriate by the City Manager. 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 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 the expiration of the current moratorium on March 31, 2006, which was enacted pursuant to Ordinance 19-2005 and Resolution 2006-05. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2006. ATTEST: SUSAN STILLS, City Clerk 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 ROCKY RANDELS, Mayor Bob Hoog Jim Morgan Leo Nicholas Rocky Randels Buzz Petsos City of Cape Canaveral Ordinance No. 01-2006 Page 3 of 3 For Against Meeting Type: Planning and Zoning Meeting Date: 2/22/06 AGENDA REPORT PLANNING AND ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Recommendation - Traffic Access Management Ordinance DEPT./DIVISION: Building Department AGENDA Heading Discussion Moratorium Item No. #4 Requested Action: Review and recommend proposed ordinance to City Council. Summary Explanation & Background: Based on the traffic management plan, prepared April, 2005, and based on recommendations from the City Planner, and comments from the Planning & Zoning Board, the following ordinance has been drafted. Exhibits Attached: Draft Ordinance Planning Official's Office Department DRAFT 2-7-06 ORDINANCE NO. -2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE IX, CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES, PROVIDING FOR A NEW DIVISION APPLICABLE TO TRAFFIC ACCESS MANAGEMENT FOR PARCELS OF REAL PROPERTY ALONG STATE ROAD A1A AND NORTH ATLANTIC AVENUE; ESTABLISHING MINIMUM REQUIREMENTS RELATED TO DRIVEWAY SEPARATION, LINEAR FRONTAGE AND SERVICE ROADS; REQUIRING AUXILIARY TURN LANES FOR THOSE PARCELS GENERATING A CERTAIN NUMBER OF DAILY TRIPS; PROVIDING FOR TRAFFIC SIGNAL SPACING AND SIDEWALK REQUIREMENTS; MAKING CONFORMING AMENDMENTS TO ARTICLE IX, DIVISION 1 OF CHAPTER 110; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, increased development and population growth within the City of Cape Canaveral has created concerns regarding traffic access management along the City's main roadways; and WHEREAS, in response to these concerns, the City of Cape Canaveral employed Luke Transportation Engineering Consultants to perform a transportation planning access management study along the State Road A 1 A corridor as well as the North Atlantic Avenue corridor within the city limits of the City of Cape Canaveral; and WHEREAS, the study produced a plan, dated April 2005, which included recommendations for the implementation of access management techniques within the City; and WHEREAS, the City desires to use these recommendations as a means to regulate access to and from development, existing and future, along State Road A 1 A and North Atlantic Avenue; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this City of Cape Canaveral Ordinance No. __-2006 Page 1 of 6 DRAFT 2-7-06 Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 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 IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY * ** Sec. 110-475. Sidewalks required. * ** (b) Sidewalks constructed in residential district shall be four feet wide, and five feet wide in commercial and all other districts. Sidewalks and concrete aprons will not be required across asphalt paved driveways, but the asphalt driveways must be maintained in good repair by the property owner. Sidewalks along Statc Ilighway * ** DIVISION 2. OFFSTREET PARKING * * * City of Cape Canaveral Ordinance No. __-2006 Page 2 of' 6 DRAFT 2-7-06 Sec. 110-493. Access. (a) In order to promote the safety of the motorist and the pedestrian and to minimize traffic congestion and conflict by reducing the magnitude of and the points of contact, the following shall apply except on State Road A1A and North Atlantic Avenue. *** DIVISION 8. SWIMMING POOLS *** Secs. 110-585-110-599. Reserved. DIVISION 9. STATE ROAD A1A AND NORTH ATLANTIC AVENUE TRAFFIC ACCESS MANAGEMENT Sec. 110-600. Applicability. This Division shall be applicable to all parcels of real property subject to development or redevelopment which have linear frontage along State Road A 1 A or North Atlantic Avenue. Sec. 110-601. Access. (a) Driveway Separation. (1) For parcels which accesses State Road Al A, no driveway shall be located closer than 250 feet to another driveway. (2) For parcels which accesses North Atlantic Avenue, no driveway shall be located closer than 200 feet to another driveway. (3) Parcels which are unable to meet the required minimum driveway separation requirements of subsections (a)(1) and (a)(2) of this Section shall be permitted one (1) access opening not less than 30 feet from the north or south boundary of the property line. (4) Driveway permits shall be approved by FDOT or Brevard County, as appropriate. (b) Linear Frontage. City of Cape Canaveral Ordinance No. __-2006 Page 3 of 6 DRAFT 2-7-06 (1) No parcel shall be subdivided to less than 200 linear frontage feet unless the permitted linear frontage implements a joint access opening with subdivided and neighboring properties. (2) Parcels with less than 200 linear frontage feet shall have indirect access to the major or minor arterial streets by means of joint -use driveways via service roads, or in the case of corner parcels, by access to the collector or other facility that intersects the arterial. (c) Service Roads. (1) For parcels located where there is no existing service road and where the planned use of the subject real property is compatible with existing uses of one or more abutting properties: (A) A service road fronting the subject parcel shall be provided by the owner(s) of the property; (B) A cross access easement right-of-way shall be conveyed to the city; (C) The service road shall access the arterial street or a facility intersecting the arterial at a location approved by the city engineer and FDOT or Brevard County, where applicable, (2) For parcels located where there is an existing service road to the abutting properties: (A) An extension connection of the service road fronting the subject parcel shall be provided by the owner(s) of the property; (B) A cross access easement right-of-way shall be conveyed to the city; (C) Access to the subject parcel shall be from the service road only; (D) The service road shall access the arterial street or a facility intersecting the arterial at a location approved by the city engineer and FDOT or Brevard County, where applicable. (3) All service roads shall be constructed to city road standards. (d) Additional driveways. If more than one (1) driveway is requested for any parcel of land subject to this Division based on parcel size, projected trip generation of the site, City of Cape Canaveral Ordinance No. __-2006 Page 4 of 6 DRAFT 2-7-06 amount of roadway frontage or other appropriate design considerations, additional driveways may be permitted if all other provisions of this Division are met. (e) Deviation from this section. If the provisions of this Section cannot be met, and the developer or applicant can provide that the proposed access to the parcel will be in the interest of public safety or LOS, a certified Transportation Engineer shall provide written justification for the access location including safety recommendations, and the same shall be considered in determining whether such access will be permitted. Sec. 110-602. Auxiliary Turn Lanes. Parcels generating or exceeding the threshold of 500 daily trips or 40 or more peak hour trips shall provide auxiliary turn lanes with adequate storage and stacking. Sec. 110-603. Traffic Signal Spacing. (a) Distances between traffic signals shall be capable of providing reasonable cycle lengths and intersections that are planned to be signalized shall be located a minimum of one -quarter mile (1,320 feet) apart from one another. (b) Notwithstanding subsection (a) of this section, less space between traffic signals may be permitted upon written recommendation by a certified transportation engineer that the proposed signal spacing will not compromise operational and safety standards as deemed appropriate by FDOT or Brevard County, where applicable. Sec. 110-604. Sidewalks. (a) Sidewalks shall be a minimum of eight (8) feet wide. (b) Sidewalks are required to be set back at a minimum of ten (10) feet from the edge of the pavement to provide for greenspace and beautification provisions. (c) Sidewalk easements will be required to be set back from the edge of rights of way in order to allow for multimodal pedestrian use. 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 may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like City of Cape Canaveral Ordinance No. __-2006 Page 5 of 6 DRAFT 2-7-06 errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2006. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Jim Morgan Leo Nicholas Buzz Petsos Rocky Randels City of Cape Canaveral Ordinance No. __-2006 Page 6 of 6 Meeting Type: Planning and Zoning Meeting Date: 2/22/06 AGENDA REPORT PLANNING AND ZONING BOARD THE CITY OF CAPE CANAVERAL AGENDA Heading Discussion Moratorium Item No. #5 SUBJECT: Recommendation to City Council - Changes to Chapter 110, Sections 87-108. DEPT./DIVISION: Building Department Requested Action: Review and recommendation to City Council the proposed ordinance. Summary Explanation & Background: These changes are a result of the joint workshop with the P & Z Board and City Council that was held on January 17th. Exhibits Attached: Draft Ordinance Planning Official's Office Department DRAFT 2-10-06 ORDINANCE NO. -2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; CLARIFYING THE BUILDING OFFICIAL'S DUTIES AND AUTHORITY UNDER CHAPTER 110, ZONING; CLARIFYING THE GENERAL REQUIREMENT FOR A BUILDING PERMIT; AMENDING BUILDING PERMIT APPLICATION REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council and Planning and Zoning Board, as part of a comprehensive review of the City's Code of Ordinances, has reviewed Chapter 110, Zoning, and determined on January 17, 2006, that revisions are required to clarify and simplify Chapter 110 with regard to the duties and authority of the building official and the building permit application process and requirements; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and J‘.,ut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110, Zoning. It is intended that the text in Chapter 110, Zoning, denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No. __-2006 Page 1 of 5 L2- DRAFT 2-10-06 CHAPTER 110. ZONING ARTICLE III. ADMINISTRATION AND ENFORCEMENT DIVISION 1. GENERALLY * ** Sec. 110-87. rce,nG.it Interpretation of chapter. It is the intent of this chapter that all questions regarding the interpretation and application of Li the provisions of this chapter shall be first presented to the building official and that such questions shall be presented to the board of adjustment only on appeal from the decision of the building official and that recourse from the decisions of the board of adjustment shall be to the courts as provided by law and pa, ticularly by statc law. It is further the intent of this chapter that the duties of the city council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter the city council shall have only the duties of: (1) Considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law; and (2) Establishing a schedule of fees and charges. Sec. 110-88. Duties of building official. * * * (b) If the building official finds that any section of this chapter is being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal work being done or shall take any other action authorized by this chapter or by law to ensure compliance with or to prevent violation of this chapter. * ** Sec. 110-91. Conformity to plans, specifications, intended uses and applications. Under this chapter, building permits or certificates of occupancy issued by the building City of Cape Canaveral Ordinance No. _-2006 Page 2 of 5 C( DRAFT 2-10-06 department on the basis of plans, specifications, intended uses and applications and approved by the building official authorizing use, arrangement, construction and design shall only be as described in plans, specifications, intended uses and applications. Use, arrangement, construction and design at variance with those authorized by the plans, specifications, intended uses and applications shall be deemed a violation of this chapter and shall authorize the building official to revoke or suspend any previously issued building permits or certificates of occupancy, or pursue any other remedy necessary to carry out his or her duties under this chapter and other applicable law i. uabl� the b2tig official to have the ek.,t, it, uiiuiiig p 1H11I vvi vt,t,upaii�y is vivug . Sec. 110-92. Schedule of fees, charges and expenses. (a) The fees and charges, in connection with matters pertinent to zoning, including, but not limited to, zoning petitions, zoning ordinance amendments, special exceptions, variances and appeals, shall be as set forth in appendix B to this Code. When the fee has been paid and the application filed, there shall be no return or rebate of the fee, regardless of the city's determination in the matter involved. (c) No permit or certificate shall be issued and no inspection, public notice or other action relative to zoning petitions, zoning ordinance amendments, special exceptions, variances ivus fu1 .liaug ibl,i�tJ or appeals shall be instituted until after such fees, costs and charges have been paid, except in those cases wherein fees are waived as specified in this section. All fees, costs and charges, upon collection, shall be deposited in the general fund of the city. *** Secs. 110-93-110-105. Reserved. DIVISION 2. PERMITS Sec. 110-106. Required. (a) No building or other structure shall be erected, moved, added to or structurally altered without a permit issued by the building official in accordance with law. No building pciiit City of Cape Canaveral Ordinance No. __-2006 Page 3 of 5 *** Sec. 110-107. Application. DRAFT 2-10-06 (a) All applications for building permits required under this chapter shall be made in conformity with this chapter and other applicable city ordinances or codes, including those ordinances or codes applicable to the building and construction industry. All applications for building permits shall be accompanied by the appropriate number of copies of plans, as determined by the building official iu dupli.,at,, drawn to scale, showing the legal description and the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any, and the size, shape and location of the building or alteration, including accessory buildings or structures, if any. The application shall include such other information as lawfully may be required by the building official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter. (b) It shall be unlawful for any person to continue construction of any building or structure beyond tl,e fvuudativii until a plot plait ahvwing tln. fuuiidatiuii of tudding vi ntiutui� grade beam form, stemwall form or monolithic slab form, as appropriate to the type of foundation construction, until a scaled form -board survey has been prepared in duplit,atL. by a Florida licensed surveyor and approved by the building official. Onc copy of the plot plan shall L� ��lu�,1 d lv the vwm. , aiid um, One copy of the survey shall be filed with the city. The form -board survey shall be indicative of the intended placement of concrete for the foundation of the structure and shall include, at a minimum, the name and address of the project, the elevations at the top of the forms, the elevations of the centerline of the abutting roadway, the dimensions for the structure, the dimensions to the property lines, and the dimensions to other structures and improvements located on the same lot. * * * Sec. 110-108. Expiration. The expiration date of the building permit shall be in accordance with'v�t,vi, I06.6.1 of the building code adopted in section 82-31. Secs. 110-109-110-120. Reserved. 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. City of Cape Canaveral Ordinance No. __-2006 Page 4 of 5 DRAFT 2-10-06 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2006. ATTEST: SUSAN STILLS, City Clerk 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 ROCKY RANDELS, Mayor Bob Hoog Jim Morgan Leo Nicholas Rocky Randels Buzz Petsos City of Cape Canaveral Ordinance No. __-2006 Page 5 of 5 For Against 1'leetulg i ype: riammng & ' Zoning Board Meeting Date: Z -Z.z -06 AGENDA AGENDA REPORT LOCAL PLANNING AGENCY THE CITY OF CAPE CANAVERAL SUBJECT: Discussion - Residential Use in the C-1 Zoning District DEPT./DIVISION: Building Department Heading Discussion Residential Use in the C-1 District Item No. #6 Requested Action: The requested action is to discuss what should happen to uses with residential special exceptions in the C-1 zone and with residential use that does not presently have a special exception in the C-1 zone? Summary Explanation & Background: Discussion was requested as a result of the City Council workshop 1/31/06. If the City were to discontinue special exceptions in Commercial there are a number of properties that will be impacted. The idea of the conversation is to understand some of those impacts and how the City should address them. Some of the comments were to administratively rezone residential use to residential; to look at a mixed use district (along the presidents' streets) and possibly location criteria where residential may be appropriate? The discussion item is an opportunity to possibly develop solutions to the existing development pattern of the city. Exhibits Attached: Planning Official's Office Department Residential Special Exception Alternative Concepts for Discussion 1) Mixed use districts — The idea was presented that we allow in the presidents street C-1 zoning district the option to build either residential or commercial. The area is a mix of commercial and residential uses. 2) Complex Mixed Use District — This type of mixed use district would allow residential and commercial to share the same lot. This was discussed at length this past summer. 3) Transition Zones — Identify transition zones in the City where residential is more predominant or transitioning the area from commercial to residential. 4) Commercial required the first 300 feet from a major arterial/A1A corridor 5) Allow Residential Special Exceptions with conditions a) Minimum or Maximum lot size permitted b) Identify a maximum number of units permitted c) Set a maximum density d) Require a minimum residential perimeter 25-100%? e) Require a minimum separation/buffer from commercial use. 0 Case by case analysis (done currently) If an applicant could not meet the conditions set then they would need to request a comp plan amendment/rezoning. 6) No special exceptions 7) Other Alternatives Ideas lveetmg Type: Planning & Zoning Board ,Meeting Date: 2 `2 Z I O(o AGENDA AGENDA REPORT LOCAL PLANNING AGENCY THE CITY OF CAPE CANAVERAL Heading Discussion Change Property from C-1 to R-1 Item No. # q SUBJECT: Discussion - Changing C-1 Zoning to R-1 Zoning on Lots 2 & 3 Harbor Heights West Subdivsion DEPT./DIVISION: Building Department to City Council to consider an administrative small scale C-1 to R-1. RequestedAction: The requested action is to discuss whether or not to recommend comprehensive plan amendment and rezoning on Lots 2 & 3 from Summary Explanation & Background: Discussion was requested as a result of the Special Exception for residential use in a commercial zoning district. Specifically compatibility of lots 2 & 3 being commercially zoned in an area with single family residential use. Lot 2 has an existing single family residential unit, and Lot 3 is vacant that was discussed for a residential special exception with the intent to build 3 townhome units. Presently Lots 2 & 3 could be built as a commercial use. Exhibits Attached: 1) Copy of the property appraiser's map and info on traffic and sewer Planning Official's Office Department f-h � r� Page 1 of 1 41 i ORT BIND A.24 A.03 A.05 A.06 A.07 13AK LA A.25 A.17 A.09 8 40 7 6 5 4 3 2 3 4 45 6 T 2 1 7 8 t 414. /A.16 1 'IARBOR D ELIZA 500.A BEACH PARK LA 136 135 134 70 71 133 72 132 73 131 74 130 129 CORAL. 75 76 69 68 6 66 65 6 63 62 2 3 4 5 8r 10 65 7 IIII 631 http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &id=2 006020 1 10... 2/1 /2006 .rage or A.24 A.03 A.05 A.O6 PAK. LA A.25 A.17 \A.09 40 6 5 2 3 T 4 3 '2 1 i 1 445 6 7 8 A.07 $$ARBOR D1 BEACH PARK LA 70 69 68 134 71 67 133 72 132 7 66 6 131 74 64 1R1129 CORAL. 75 76 RI 63 62 ELIZA 500.A 256 3 4 524 1 7 ' 1 65 64 66 http://www.brevardpropertyappraiser.com/scripts/esrimap. dll?name=Brevard 1 &id=2006020110... 2/1/2006 Susan Chapman Page 1 of 2 From: Todd Peetz [TPeetz@millerlegg.com] Sent: Thursday, February 23, 2006 10:28 AM To: Bennett Boucher; Beatrice McNeely; Todd Morley; chapman-cape@cfl.rr.com; Public Works Dir, Cape Canaveral; Andy Kirbach; John Cunningham; jpekar@stottlerstagg.com Subject: P&Z Meeting 2/22/06 Review Team, The FYI from Wednesday night's P&Z meeting. 1) Meeting Minutes - Minutes for 2/08/06 were approved with minor changes. 2) Preliminary Replat Villagio Del Mar - The Board recommended to council that the preliminary replat be approved 5-0. 3) C-1 Moratorium Ordinance for Residential Special Exceptions/AIA - The Board recommended to Council that the special exception moratorium ordinance be approved 5-0. 4) Transportation Access Management Ordinance - There was considerable discussion over the process and the intention of the ordinance. It was recommended to staff to review similar ordinances and make sure that we would not be creating a host of new problems for the City. Staff will research similar ordinances and find out the intention, process and implementation which were the primary concerns of the P&Z Board. It was Recommend by the P&Z Board to review staff findings once they have been completed vote 5-0. 5) Changes to Chapter 110-Sections 87-108 - These were code changes from the joint Council and P&Z Board Meetings. The Board recommended approval to City Council with conditions 5-0. 6) Residential Use in The C-1 Zoning District - Several altematives were presented. The Board is interested in exploring further the idea of allowing special exception with conditions, also the idea of allowing residential without special exception and mixed use ideas. It was determined that they wanted to think more about the various concepts and would like more input from the Business and Cultural Development Board before proceeding with a direction. There was still concerns raised about allowing residential uses in commercial areas. They did not vote on the item, just that they will revisit it in the future. 7) Changing C-1 to R-1 for Tots 2 and 3 Coral Drive - There was some public comment in support of the proposed change. However, it was determined that the BOA and Council should first make their decisions to work with the property owner. No action taken at this time may be brought back at a future date depending on the BOA and Council actions. Meeting Adjourned approximately 9:55 pm This overview does not replace the minutes, and are very generalized notes only. If you have any questions please give me a call. Todd Peetz Senior Planner Miller Legg & Associates, Inc. 631 South Orlando Ave., Suite 200 Winter Park, FL 32789 407-629-8880 (fax) 407-629-7883 Tpeetz(a,mi11er1.com www.millerlegg.com Improving Communities, Creating Environments 02/23/2006 m, acti CANA\ ecf which clear_ issuing speci. family dwelli, c0 nere, Zo. hereon ��5 Sl Bj.,o I��s ��,s��A� �S�1L�GX<�z�'I'�z� B�� A S st O O $ti C11' 09 O vEY 1`19S �gE yL� yRp � f,008) � B55 5�R �SI� 4 1�� R yg ;gyp Ev �1G� G A1ABE gIX �� E Y�pR o� A5 p�..BXCBY A�� pgp,T �gEsa 5pva -Cipy �E9' G gvo BRE SYE p�.�11`t ,OF '� v191� CBg A� BTE• �iX�E�S1�Y; 4g0�1� � C�Iv� v�deY % Z�r n eXp� E S T 00,01810 t p p� � GBo G,�g1pl`\S�O�tiio�4EAT10�5�A� ess1y S oitli p 1�EC �y51 GVpg kbe anth uses, e 1140144501 p��D1 ,s ��,ted�c�palp`�'� ovembe the C�tY o�e� �°� � ERAS, . se any' ce �9 al eX to rc� d ptd � S'Q C1 6i exe 1i e C1 C°„St�tutiO, a issuln� C°� • and 0�s •�liltheC, tav4,W1 tenCa:Cpt:ca.191;:ttel. usesEingresidentlal atom and ., J tvCodeTeg -r ove&s V 1111; 1 e ORDINANCE NO. 01-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA EXTENDING THE MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110- 334(10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT ONLY ALONG THE A1A HIGHWAY CORRIDOR FOR A PERIOD OF SIX (6) MONTHS; PROVIDING FOR THE BUSINESS AND CULTURAL DEVELOPMENT BOARD TO CONDUCT A SURVEY OF THE CITY'S RESIDENTS REGARDING WHAT KINDS OF BUSINESSES THE RESIDENTS DESIRE ALONG THE A1A HIGHWAY CORRIDOR; PROVIDING_T'OR THE PLANNING AND - ZONING BOARD TO EVALUATE POTENTIAL PROBLEM AREAS ALONG THE AIA HIGHWAY CORRIDOR SHOULD SPECIAL EXCEPTIONS ALONG AIA BE PERMANENTLY DISCONTINUED; AUTHORIZING ONE SIXTY (60) DAY EXTENSION- OF -'HE MORATORIUM TO THE EXTENT NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; 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 Council enacted Ordinance 19-2005 on November 1, 2005 imposing a 90-day moratorium on accepting applications and issuing special exceptions under section 110- 334(10) of the City Code regarding residential uses within the C-1 Commercial Zoning District along the A1A Highway corridor; and WHEREAS, on January 17, 2006, the City Council approved Resolution 2006-05, extending the moratorium for sixty (60) days until March 31, 2006; and WHEREAS, during the moratorium period the City's Business and Cultural Development Board and Planning and Zoning Board determined that the issue of appropriate uses along the A1A Highway corridor requires additional study; and WHEREAS, the Business and Cultural Development Board shall conduct a survey of the City's residents with regard to what kinds of business they desire along the A1A Highway corridor; City of Cape Canaveral Ordinance No. 01-2006 Page 1 of 3 crendc( aA-ern 2''` 3 pdc1sg'ra-G4 2.1 zz (06 and WHEREAS, the Planning and Zoning Board desires to evaluate potential problems areas along the A1A Highway corridor should allowing special exceptions pursuant to section 110-334(10) along A1A be permanently discontinued; and WHEREAS, the City Council desires to extend the current moratorium for an additional six (6) month period beginning on March 31, 2006 and ending on September 30, 2006, in order for the Business and Cultural Development Board and the Planning and Zoning Board to complete their respective analysis of the appropriate uses along the A1A Highway corridor; and WHEREAS, the United States Supreme Court has found that the issuance of temporary moratoria in order to preserve the status quo while studying the impact that certain development activities have on an area does not constitute a taking per se; See Tahoe -Sierra Preservation Council, Inc. v Tahoe_Reg. lanning-Agency 535 U.S. 302(2002); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, HEREBY ORDAINS, AS FOLLOWS: Section 1. Moratorium Extended. That the above recitals are adopted as Findings of Fact which clearly justify the six (6) month extension of the moratorium on accepting applications and issuing special exceptions in accordance with Section 110-334(10) of the City Code, for any single family dwellings, two family dwellings, townhouses, and multiple -family dwellings in the C-1 commercial zoning districts along the A1A Highway corridor only. The moratorium enacted hereunder shall not apply to any application for a special exception under Section 110-334(10) of the City Code that was filed with the City prior to October 18, 2005. Section 2. Action to be Taken. During the period of this moratorium, the City of Cape Canaveral Business and Cultural Development Board will conduct a comprehensive survey of the City's residents with regard to the kinds of businesses the residents desire to see along the A1A Highway corridor, and report the results of such survey to the Planning and Zoning Board and City Council. Additionally, the City of Cape Canaveral Planning and Zoning Board shall evaluate potential problems areas along the A1A Highway corridor should special exceptions pursuant to section 110-334(10) be permanently discontinued. Section 3. Expiration Date. The moratorium shall expire on September 30, 2006, six (6) months after its effective date. The expiration date of the moratorium may be extended for sixty (60) days by resolution of the City Council at a duly held Council meeting. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance No. 01-2006 Page 2 of 3 Section 5. Not Incorporated Into Code/Posting . This ordinance shall not be incorporated into the Cape Canaveral City Code. A copy of this ordinance shall be conspicuously posted at the front desk at City Hall, and at other public places deemed appropriate by the City Manager. 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 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 the expiration of the current moratorium on March 31, 2006, which was enacted pursuant to Ordinance 19-2005 and Resolution 2006-05. _ADOPTED -by -the City -Council of the -City of -Cape -Canaveral, Florida, this day of , 2006. —ATTEST: SUSAN STILLS, City Clerk 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 ROCKY RANDELS, Mayor Bob Hoog Jim Morgan Leo Nicholas Rocky Randels Buzz Petsos City of Cape Canaveral Ordinance No. 01-2006 Page 3 of 3 For Against ORDINANCE NO.01-2006 CITY OF O OF THE COUNCIL DING TgE OF THE CITY DA EXTEN S AND DANCE FLORID TION 110- AN RA CANAVE N ACCEPTING APPLICATIONS SECTION IONS AND ISSUING SUM ON EXCEPTIONS ING RESIDENTIAL CIAL EX REGARD I UIl`IG SPE CITY CODE ZONINFOR A ISSUING C-1 COMMERCIAL CORRIDOR 334(10) OFFOR THE 'USESCT WITHIN THEE NIA HIGHWAY PROVIDING F AgD TO BUSI ONLY ALOE SIX (6) MONTHS; EVELO ITY 5T BOARD O OD D CULTURAL THE C ESSES MESS AN A SURVEY OF OF BUSINESSES UAl HIGHWAY RESIDENTS HE RESIDE CONDUCT WHAT ALONG THE _PLANNING AND REGARDINGDESIRE FOR -THE- PROBLEM RESIDENTS PgOV--ID�G-DATE NTIAI' AREA _CORRIDOR; TO EVALUATE CpRRIDORS C lAHIGH ZONING AB 0 TI A ALONG A1ANE PERMANENTLY (60) DAY SPECIAL EXCEPTIONS ZING ONE TILE 60) D SPE TINUED' AUTHORIZING U MORATORIUM PEAL OF TE DISCON THE REND D SION OF FOR THE REPEAL OF PRIOR AN EXTEN Y ' PROVIDING F NECESS� CE INCONSISTENTORDINANCES EFFECTIVE DATE.of the state PROVIDING FOR under § 2(b), Art.prohibited by i is granted the authity,Iexcept when expressly p WHEREAS, then unic1pal purposes, Constitution, to exercise any power for m and ce 19-2005 on November 1,2005 imposin law; bons under section 1 WHEREAS, the City Council enacted Ordinance special exceptions n District WIi tin applications and issuingge Ce Commercial Zoning moratoriumCCon accepting a 90-dayCode regardingreSldentialuseswithin 334(10) of the City the AIA Highway corridor; and CityCouncil approved Resolution 2006-05, ex 17,2006,the WgEgEAS,onJanuary 2006; and the moratorium for sixty (60) days until March 31, WHEREAS, during the moratorium peri0 �C 1�, 1BgS�ss Board and Planning and Zoning Board determined title ' a��elli Highway corridor requires additional study; andOf a� n�, pii (� WHEREA 1 411 S, the Business and Cul tee City's residents with regard to tural Develop sL°t what kinds of business the �S !'�' of cape Cad a ff , d'�a°ceNo aver � CD Rage vl•20c 00 lof Ql ORDINANCE NO. 01-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA EXTENDING THE MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110- 334(10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT ONLY ALONG THE A1A HIGHWAY CORRIDOR FOR A PERIOD OF SIX (6) MONTHS; PROVIDING FOR THE BUSINESS AND CULTURAL DEVELOPMENT BOARD TO CONDUCT A SURVEY OF THE CITY'S RESIDENTS REGARDING WHAT KINDS OF BUSINESSES THE RESIDENTS DESIRE ALONG THE A1A HIGHWAY CORRIDOR; __PROVIDING _FOR _THE _ PLANNING AND ZONING BOARD TO EVALUATE POTENTIAL PROBLEM AREAS ALONG THE A1A HIGHWAY CORRIDOR SHOULD SPECIAL EXCEPTIONS ALONG A1A BE PERMANENTLY DISCONTINUED; AUTHORIZING ONE SIXTY (60) DAY EXTENSION OF THE MORATORIUM TO THE EXTENT NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; 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 Council enacted Ordinance 19-2005 on November 1, 2005 imposing a 90-day moratorium on accepting applications and issuing special exceptions under section 110- 334(10) of the City Code regarding residential uses within the C-1 Commercial Zoning District along the A1A Highway corridor; and WHEREAS, on January 17, 2006, the City Council approved Resolution 2006-05, extending the moratorium for sixty (60) days until March 31, 2006; and WHEREAS, during the moratorium period the City's Business and Cultural Development Board and Planning and Zoning Board determined that the issue of appropriate uses along the Al A Highway corridor requires additional study; and WHEREAS, the Business and Cultural Development Board shall conduct a survey of the City's residents with regard to what kinds of business they desire along the A1A Highway corridor; City of Cape Canaveral Ordinance No. 01-2006 Page 1 of 3 Aq-ercL( aA-erri 3 upd«-W �r�� 7Iz,-1c, and WHEREAS, the Planning and Zoning Board desires to evaluate potential problems areas along the Al A Highway corridor should allowing special exceptions pursuant to section 110-334(10) along A1A be permanently discontinued; and WHEREAS, the City Council desires to extend the current moratorium for an additional six (6) month period beginning on March 31, 2006 and ending on September 30, 2006, in order for the Business and Cultural Development Board and the Planning and Zoning Board to complete their respective analysis of the appropriate uses along the A1A Highway corridor; and WHEREAS, the United States Supreme Court has found that the issuance of temporary moratoria in order to preserve the status quo while studying the impact that certain development activities have on an area does not constitute a taking per se; See Tahoe -Sierra Preservation Council, —Inc v Tahoe_Reg.-Planning Agency, -535-U S.-302-(2002); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, HEREBY ORDAINS, AS FOLLOWS: Section 1. - Moratorium Extended. That the above recitals are adopted as —Findings of Fact which clearly justify the six (6) month extension of the moratorium on accepting applications and issuing special exceptions in accordance with Section 110-334(10) of the City Code, for any single family dwellings, two family dwellings, townhouses, and multiple -family dwellings in the C-1 commercial zoning districts along the A1A Highway corridor only. The moratorium enacted hereunder shall not apply to any application for a special exception under Section 110-334(10) of the City Code that was filed with the City prior to October 18, 2005. Section 2. Action to be Taken. During the period of this moratorium, the City of Cape Canaveral Business and Cultural Development Board will conduct a comprehensive survey of the City's residents with regard to the kinds of businesses the residents desire to see along the A1A Highway corridor, and report the results of such survey to the Planning and Zoning Board and City Council. Additionally, the City of Cape Canaveral Planning and Zoning Board shall evaluate potential problems areas along the A1A Highway corridor should special exceptions pursuant to section 110-334(10) be permanently discontinued. Section 3. Expiration Date. The moratorium shall expire on September 30, 2006, six (6) months after its effective date. The expiration date of the moratorium may be extended for sixty (60) days by resolution of the City Council at a duly held Council meeting. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance No. 01-2006 Page 2 of 3 Section 5. Not Incorporated Into Code/Posting . This ordinance shall not be incorporated into the Cape Canaveral City Code. A copy of this ordinance shall be conspicuously posted at the front desk at City Hall, and at other public places deemed appropriate by the City Manager. 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 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 the expiration of the current moratorium on March 31, 2006, which was enacted pursuant to Ordinance 19-2005 and Resolution 2006-05. ADOPTED by -the -City -Council -of theCityof Cape Canaveral, Florida, this day of , 2006. ATTEST: SUSAN STILLS, City Clerk 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 ROCKY RANDELS, Mayor Bob Hoog Jim Morgan Leo Nicholas Rocky Randels Buzz Petsos City of Cape Canaveral Ordinance No. 01-2006 Page 3 of 3 For Against / ORDINANCE NO. 01-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA EXTENDING THE MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110- 334(10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT ONLY ALONG THE A1A HIGHWAY CORRIDOR FOR A PERIOD OF SIX (6) MONTHS; PROVIDING FOR THE BUSINESS AND CULTURAL DEVELOPMENT BOARD TO CONDUCT A SURVEY OF THE CITY'S RESIDENTS REGARDING WHAT HINDS OF BUSINESSES THE RESIDENTS DESIRE ALONG THE A1A HIGHWAY CORRIDOR; PROVIDING FOR THE PLANNING AND ZONING BOARD TO EVALUATE POTENTIAL PROBLEM AREAS ALONG THE A1A HIGHWAY CORRIDOR SHOULD SPECIAL EXCEPTIONS ALONG A1A BE PERMANENTLY DISCONTINUED; AUTHORIZING ONE SIXTY (60) DAY EXTENSION OF THE MORATORIUM TO THE EXTENT NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; 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 Council enacted Ordinance 19-2005 on November 1, 2005 imposing a 90-day moratorium on accepting applications and issuing special exceptions under section 110- 334(10) ofthe City Code regarding residential uses within the C-1 Commercial Zoning District along the A1A Highway corridor; and WHEREAS, on January 17, 2006, the City Council approved Resolution 2006-05, extending the moratorium for sixty (60) days until March 31, 2006; and WHEREAS, during the moratorium period the City's Business and Cultural Development Board and Planning and Zoning Board determined that the issue of appropriate uses along the A1A Highway corridor requires additional study; and WHEREAS, the Business and Cultural Development Board shall conduct a survey of the City's residents with regard to what kinds of business they desire along the A 1A Highway corridor; City of Cape Canaveral Ordinance No. 01-2006 Page 1 of 3 and WHEREAS, the Planning and Zoning Board desires to evaluate potential problems areas along the Al A Highway corridor should allowing special exceptions pursuant to section 110-334(10) along A1A be permanently discontinued; and WHEREAS, the City Council desires to extend the current moratorium for an additional six (6) month period beginning on March 31, 2006 and ending on September 30, 2006, in order for the Business and Cultural Development Board and the Planning and Zoning Board to complete their respective analysis of the appropriate uses along the A1A Highway corridor; and WHEREAS, the United States Supreme Court has found that the issuance of temporary moratoria in order to preserve the status quo while studying the impact that certain development activities have on an area does not constitute a taking per se; See Tahoe -Sierra Preservation Council, Inc. v. Tahoe Reg. Planning Agency, 535 U.S. 302 (2002); and WHEREAS, it is in the best interests of the City of Cape Canaveral to extend the temporary moratorium in order to study alternative methods of regulation and mitigation of land clearing within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, HEREBY ORDAINS, AS FOLLOWS: Section 1. Moratorium Extended. That the above recitals are adopted as Findings of Fact which clearly justify the six (6) month extension of the moratorium on accepting applications and issuing special exceptions in accordance with Section 110-334(10) of the City Code, for any single family dwellings, two family dwellings, townhouses, and multiple -family dwellings in the C-1 commercial zoning districts along the A1A Highway corridor only. The moratorium enacted hereunder shall not apply to any application for a special exception under Section 110-334(10) of the City Code that was filed with the City prior to October 18, 2005. Section 2. Action to be Taken. During the period of this moratorium, the City of Cape Canaveral Business and Cultural Development Board will conduct a comprehensive survey of the City's residents with regard to the kinds of businesses the residents desire to see along the A1A Highway corridor, and report the results of such survey to the Planning and Zoning Board and City Council. Additionally, the City of Cape Canaveral Planning and Zoning Board shall evaluate potential problems areas along the A1A Highway corridor should special exceptions pursuant to section 110-334(10) be permanently discontinued. Section 3. Expiration Date. The moratorium shall expire on September 30, 2006, six (6) months after its effective date. The expiration date of the moratorium may be extended for sixty (60) days by resolution of the City Council at a duly held Council meeting. City of Cape Canaveral Ordinance No. 01-2006 Page 2 of 3 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Not Incorporated Into Code/Posting . This ordinance shall not be incorporated into the Cape Canaveral City Code. A copy of this ordinance shall be conspicuously posted at the front desk at City Hall, and at other public places deemed appropriate by the City Manager. 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 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 the expiration of the current moratorium on March 31, 2006, which was enacted pursuant to Ordinance 19-2005 and Resolution 2006-05. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2006. ATTEST: SUSAN STILLS, City Clerk 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 ROCKY RANDELS, Mayor Bob Hoog Jim Morgan Leo Nicholas Rocky Randels Buzz Petsos City of Cape Canaveral Ordinance No. 01-2006 Page 3 of 3 For Against Meeting Type: Planning & Zoning Meeting Dat6: 2/22/06 AGENDA AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Villagio Del Mar Preliminary Replat DEPT./DIVISION: Building Department Heading Preliminary Replat Item No. 2- 0 Ls Requested Action: for Villagio Del mar Townhomes. Review and recommend to City Council the proposed preliminary replat Summary Explanation & Background: This request is for a preliminary replat of Avon by the Sea, Lots 1, and 2 Block 6 on the east side of Ridgewood and north side of Washington Avenue. The proposed replat is for three residential town home units. Exhibits Attached: 1) Application by applicant 2) Site report by staff 3) Staff review comments 4) The Preliminary Replat drawing Building Official's Office Department /"TY OF CAPE CANAVERAL PRELIMINARY PLA REPLAT & FINAL PLAT RECEIPT Project Name: RESIDENTIAL: 4 1, 2 Tjija90 Di 1"\x esidential Units TOTAL. $37.50 tal # of Units? 4 r more Residential Units $50.00 (1st (4) Units), Plus Units @ $7.50 per unit COMMERCIAL: $50.00 Total: $ $150 per acre of land, or portion thereof. Acres X $150 TOTAL. $ SITE PLAN EXTENSION• TOTAL. $150.00 SITE PLAN RESUBMISSION: 50% of original fee TOTAL. $ DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1- 4 Units Over 4 Units COMMERCIAL: Up to 4 Acres $1,500.00 Over 4 up to 8 Acres $2,000.00 Over 8 Acres $3,000.00 Total Acres: Office Use Only: Escrow Account # 1-202.2400 TOTAL REVIEW DEPOSIT RECEIVED: $ DO TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $9 PAID RECEIPT NO. DATE RECV'D 10(2, , d o Ott — 5 G D. S`.)A a -aa --05 aao. 12 , 5(7 r- tk( Lelq 1-221 -ota 59 b 50 5rn J0 . cO hci- #b tm el(c !d ft.30 s 0 \ 6 APPLICATION FOR PLAT REVIEW DATE OF SUBMITTAL: atgt1 d 5 (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 'THROUGH 98-62). IS THIS A PRELLML ARY PLAT, RE -PLAT, OR FINAL PLAT? YliVuOujvulniA O AMOUNT OF FILING FEE PAID: $ Cfl , 5v AMOUNT OF ENGLNEERING DEPOSIT PAID: S DID BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NAME, IF APPLICABLE? (NOTE: IS NEEDS TO BE DONE PRIOR TO SUBMITTAL). YES NO N.A. PROJECT NAME: PROJECT ADDRESS: W, Jf'l(u_, LEGAL DESCRIPTION: ")02-Y, a3 OWNER(S) NAME: W j ()q.u.,60.4.A.k7 OW iNER(S) ADDRESS: ass �-twc0& rjr, M� . ZW) 5a c ) PROJECT ARCHITECT/EN GLNEER: PHONE NO. OF ARCHITECT E TER: APPLICANTS) SIGNATURE: 040 1\klAAN OWNER/AGENT _ PHONE NUMBER OF OWNER/AGENT: ri IJ kc3 City of Cape Canaveral Villagio Del Mar Replat Applicant: Ron Wallin Location: Range: 37 Township: 24 Section: 23 Acreage: .3 acres Current Future Land Use: Residential R-3 Current Zoning: Residential R-3 Number of Units Proposed: 3 proposed lots Description: The applicant desires to builk 3 residential units. The subject property itself is vacant and undeveloped. N North South East West Zoning R-3 Residential R3 Residential R3 Residential R2 Residential Comp Plan R3 Residential R3 Residential R3 Residential R2 Residential Existing Conditions County Park Vacant/Residential 1 Residential Residential Minimum Lot Area: 6,250 s.f. Minimum Lot Width: 20' Minimum Lot Depth: 70' Maximum Lot Coverage: 40% Maximum Building Height: 25' Provided: Provided: Provided: Provided: 13,210 s.f. 21.15'- 48.67' 132.22-132.42' NA Maximum Building Length: 185' Provided: NA Public Services and Facilities in Am ndment-Area: __ l„ - The impacts on public services fo Wart Wiekdetti i e, the Level of Service for parks and recreation is one (2) acres of park an . per , i 11 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2005 was 10,034. This is still adequate park space available. cuLd The maximum p -hour volume acceptable is 2,,060 representing a LOS of "E". There is approximately 20Alailable peak hour trips on The proposed change with the proposed development could generate 1 to 2 additional peak hour trips per day and this would not create a traffic deficiency. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment permit capacity is 1.8 million gallons per day (MGD). The existing usage is 1.35 MGD with an excess capacity of .45 MGD. With this and recently approved developments the usage could be 1.43 MGD with .4 MGD excess capacity. The actual plant capacity of 3.0 MGD. There is adequate wastewater treatment capacity available. The 3 additional units could generate 600 gallons per day. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. With this and recently_ approved developments, water usage could increase to 24.5 MGD and leaving 23.5 MGD. There is adequate potable water service available with the proposed change. The 3 additional units would require only 600 gallons of water per day. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The subject parcel is vacant and had been cleared in it's past. There are no known wetlands, or aquifer recharge soils or conditions associated with the subject parcel. The Brevard County Soil Survey Map has categorized most of the subject parcel as "Ga"— Galveston sand with very good percolation. The subject parcel is .3 acres. There are no known endangered species identified on site or in the area adjacent to the subject parcel. Historical and Archaeological Resources in Amendment Area: There are no known historic or archaeological sites located on site or in the area surrounding the subject parcel. Population Projections and Trends: The project is for 3 dwelling units. This would equate to approximately 10 new persons, but this should not have an adverse impact on population projections. r i:1 G 1 VI 1 http ://www. brevardpropertyappraiser. com/scripts/e srimap . dll?name=Brevard 1 &id=200602141... 2/14/2006 rage 1 or i http ://www.brevardpropertyappraiser. com/scripts/esrimap. dll?name=Brevard 1 &id=200602141... 2/14/2006 C!1r "V/LCICIb ICU:':14 i11 (tij—fibb ST:TTLER PAGE 02 January 20.2006 Mr. Todd Peetz Miller -Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Preliminary Plat Review— Villagio Del Mar - Review #2 SSA Job No. 05-0025, Task 016.1003 Deaf Mr. Peetz: SSA 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. ncerely, David Roy Jo r es PL Chief Surveyor DRJ:jls Cc: Susan L. Chapman City Engineer's Review Fee For Review42 - NiC NCT(CF OF kDD)TJOtdq( FEES As this project is be;nQ reviewed under the original City contract; Engineering Fees for all reviews after 2", review will be billed at $95.00 per hour. STOTTLER SiAGG & ASSOCIATES ARCHITECTS E'1VGINEERS PLANNERS, INC. 88680 North Mantic Avenue P. U. BoxA1630 Cape Canaveral, Florida 34920 Tel 321-783-1320 Fax 321-7&:7666 t1:ypCq 1 tiori'dIC( staapetkdeoa rkf par pal Nat nifty. a • *AAC00)229 #E60000763 CB0006700 MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: January 18, 2006 RE: Villagio Del Mar Re -Plat, Lot 1 & 2 Block 6 The Public Works Department has reviewed the Re -Plat of the above stated project and and has the following comment: 1.) Please provide any and all existing easement(s) that this re -plat will vacate. SSA January 20, 2006 Mr. Todd Peetz Miller -Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Preliminary Plat Review— Villagio Del Mar - Review #2 -- SSA Job No. 05-0025, Task 016-1003 Dear Mr. Peetz: 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. cerely, c�— David Roy Jo, es PL Chief Surveyor DRJ:jls Cc: Susan L. Chapman City Engineer's Review Fee For Review #2 — N/C NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. STOTTLER STAGG & ASSOCIATES ARCHI I EC, lb ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065 u:' oan sottorivalcBrilprojectslcapeU-vilagio del mar pre plat review 2.1ie - #AAC000329 #EB0000762 #LB0006700 Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: February 13, 2006 Re: Villagio Del Mar Preliminary Replat Review I have reviewed the Villagio Del Mar Preliminary Replat and have they have satisfactorily addressed my comments. If you have any questions, or need further information please feel free to contact me at 407-629-8880. MEMORANDUM To: Todd Peetz Building Department Form: John J. Cunningham, Asst. Fire Chief a..?._, Re: Villagio Del Mar Date: 01-30-2005 We have reviewed the replat and have no comment at this time. Station #1 190 Jackson Avenue • Cape Canaveral, Florida 32920 (321) 783-4777 • Fax: (321) 783-5398 Station #2 8970 Columbia Road • Cape Canaveral, Florida 32920 (321) 783-4424 • Fax: (321) 783-4887 www.ccvfd.org