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HomeMy WebLinkAboutAgenda Pkt. 8-11-2004John Fredrickson Bea McNeely Leo Nicholas ll Lamar Russell c...:_: Chair v Chair 1st Alt • If City of Cape Canaveral PLANNING & ZONING BOARD AGENDA 111 POLK AVENUE August 11, 2004 7:30 P.M. CaII to Order Roll Call NEW BUSINESS: -\e 1. Motion Re: Approval of Meeting Minutes duly 14, 2004 � ,i cc,'` ItkCie and Motion Re: Oak Park Condominiums Site Plan, Township 24, 540 ►-'� ""' Range,37 Section 14, Tracts A & B - Steven Morgan, Applicant 4o A'1 lummous .d., Recommendation to City Council Re: Easement Vacation Agreement, E-6 Official Record Book 782, Pages 143, through 148 - Ed Gardulski, Public U,0 a j0 Works Director. `(2 bp o'f4\ 4. ,( Review and Recommend Re: Recommend to City Council changes to tllll.. \`', ,definitions, specifically structures, accessory use and yard accessorie I pursuant to Section 110-1. 5�s � Review an end Re: Recommend to City Council Planning 4, Board Procedures Supplementing the Uniform Board Rules and vlc,,Procedures adopted by City Council pursuant to Section 2-171(j). • U I• 1. Discussion Re: Eaves, Canopies and Overhangs, Section 110-538 Encroachments. Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and/or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com 4 1 Memorandum To: Planning and Zoning Board Members From: Todd Peetz, City Planner CC: Todd Morley, Building Official Date: August 4, 2004 Re: August 11, 2004 P&Z Meeting Please find attached the agenda, minutes from the July 14th meeting, the Oak Park Condominium site plan, easement vacation, definition changes to Section 110-1, unified procedure changes for the P&Z Board and discussion item about encroahment of eaves, canopies and overhangs into the setback (not consistent). There is an additional report coming to each of you under separate cover about Oak Park. When I came over to compile the agenda, I left the basic site data concerning Oak Park in my office. I apologize, but you should receive it shortly. If you have any questions, or need further information please feel free to contact me at 407-629-8880. / Susan Chapman From: Todd Morley Sent: Thursday, August 12, 2004 11:12 AM To: Susan Chapman Subject: Provide revised quarterly report to BB Susan, Please print the revised quarterly report with a memo cover letter to BB stating that two errors were discovered: • Re: Oak Park: the words "Special Exception extended by P&Z Board of Adjustment." have been removed, as this property does not need a special exception for R2. • Re: Oak Lane: the words "Special Exception extended by P&Z Board of Adjustment." has been added. Apologies for any confusion. -T Todd Morley Building Official City of Cape Canaveral 105 Polk Ave Cape Canaveral, FL 32920 Phone 321-868-1222 www.myflorida.com/cape E-mail: morley-cape@cfl.rr.com Fax 321-868-1247 1 Page 1 of 2 Susan Chapman From: Todd Morley Sent: Thursday, August 12, 2004 11:05 AM To: 'Todd Peetz' Cc: Bennett Boucher; Susan Chapman Subject: RE: P&Z Meeting 8/11/04 Todd, You are correct, there was a mistake in the most recent quarterly report. The special exception extension request was granted for Oak Ln., not Oak Park. Oak Park is already R2. The report has been updated to correct this and a new copy of the report will be provided to Bennett. My apologies for any inconvenience. -Todd Original Message From: Todd Peetz [mailto:TPeetz@millerlegg.com] Sent: Thursday, August 12, 2004 9:19 AM To: Bennett Boucher; Todd Morley Cc: chapman-cape@cfl.rr.com; Beatrice McNeely; Anthony Garganese; akirbach@stottlerstagg.com; Ed Gardulski; Shannon McNally Subject: P&Z Meeting 8/11/04 Bennett and Todd, The following approvals and tabling occurred: 1) P&Z July 14th Minutes were approved 2) Oak Park Tabled to 8/25/04 with the following information is being requested a. Provide the Code reference for roadway/driveway separation (I can provide) b. Show/map all roadway/driveway access points from Central Boulevard north to the Port, including # of units utilizing them and peak hours trips being generated by them. (Bennett/Todd - this is going to require some mapping should I contact SSA, we probably could do it or someone else, but this is going to incur an expense that you or Todd need to authorize) c. Show all setbacks on the plan (applicant) d. Provide a rear elevation of the project (applicant) In addition - I think we should provide the latest and greatest design layout of the proposed roadway improvements. Also Todd in the July status report of projects, Oak Park was listed as being under staff review (which it was), but we were informed that it also had a special exception extended on the property?? (I believe the special exception extension was for Don Haynes on Oak Lane?) This caused some confusion and they said we should fix the report?? 3) Easement Vacation was Approved 4) Definitions were approved as proposed adding "play equipment" to yard accessories . Todd I mentioned you did not like the last sentence of the proposed "structure" definition but they debated it and left it in. 08/12/2004 Page 2 of 2 5) P&Z Board Procedures *** I gave my copy to Anthony, but the P&Z Board recommended minor changes. 6) Encroachments of Canopies, eaves, overhangs - the P&Z recommended that a Canopy be defined as a being made of fabric, vinyl and or other soft materials. Anthony is working on the ordinance. Bennett and Todd you may want to give me a call about the map that the P&Z is requesting. They would like to see where the access points are along North Atlantic. We only have a week if it goes in their package, less than two weeks if it is a display map for the meeting. Please let me know what you want to do, so either SSA or someone else can get started on it. Todd Peetz, AICP Senior Planner Miller Legg & Associates, Inc. 631 South Orlando Ave., Suite 200 Winter Park, FL 32789 407-629-8880 407-629-7883 (fax) CE News 2002 & 2003 "Top 50 Best Places to Work in the USA" 08/12/2004 OAK PARK July 28, 2004 VIA HAND DELIVERY Building Department City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Oak Park Condominium Dear Building Department: Enclosed please fmd ten (10) additional copies of the site plan and landscape plan for Oak Park, prepared by Morgan and Associates Consulting Engineers and Hall and Bell Landscape Architects as approved by city staff. We are requesting an appearance at the August 11, 2004 meeting of the Planning and Zoning Board. Please do not hesitate to contact me with any questions. Sincerely, OAK PARK OF BREVARD, INC. Dude Braselton / Vice President 100 Rialto Place Suite 500 Melbourne, Florida 32901 Phone (321) 724-1700 Facsimile (321) 724-1703 Fagg 1 of 1 Todd Peetz From: Shannon McNally [smcnally@ccvfd.org] Sent: Friday, July 16, 2004 1:59 PM To: Todd Peetz Subject: Oak Park Todd, I have reviewed the plans and find that the meet the fire department requirements. Thanks, Insp McNally 8/4/2004 Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: July 19, 2004 Re: Oak Park Subdivision Site Plan I have reviewed the submittal of the site plan for Oak Park. My comments have been satisfactorily addressed. This review does not relieve the applicant from other local, state or federal agencies having jurisdictions over the project site. If you have any questions, or need further information please feel free to contact me at 407-629-8880. C3) June 16, 2004 Mr. Todd Peetz Planning Partnership, Inc. 10221 Rivers Trail Drive Orlando, Florida 32817 RE: Site Plan Review - Oak Park Site Plan - Review #5 SSA Job No. 95-02081073-1004 SSA Dear Mr. Peetz: SSA has reviewed the above -referenced project and based on our review, SSA recommends said plan for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. ohn A. Pekar, PE Sr. Vice President - City Engineer Project Engineer City Engineer's Review Fee For Review #5 - $95.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. STOTTLER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065 Lic. #AAC000329 #EB0000762 #LB0006700 Wile server userstjoan sotto«va'cNIlprojects'capelloak park review 5 approve.doc MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: July 27, 2004 RE: Oak Park Site Plan Review I have reviewed the submittal of the site plan review for the above referenced project. All previous comments/concerns have been satisfactorily addressed. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City puke ransportati on ngineering onsultants FAX MEMORANDUM • Phone 407-423-8055 • Fax 407-423-8022 TO: __ ____ _ Edward Czardulski (Fax: 321-868-1233) Bennett Boucher (Fax: 321-868-1224) FROM: Joseph T. Roviaro, AICP DATE: June 2, 2004 RE: Transportation Planning and Engineering Services - Oak Park Townhouses Access Connection (LTEC # 04 - 3701) The purpose of this technical memorandum is to provide a review of the Oak Park Townhouses access connection onto North Atlantic Avenue. Oak Park is a proposed 40 unit townhouse condominium residential development. It is located on the east side of North Atlantic Avenue bounded on the north by Shorewood Drive and on the south by the Villages of Seaport. The proposed site is a narrow lot (approximately 135 feet by 1,293 feet) and ± 3.9 acres in area. Based on current ITE Trip Generation data (7th Edition) the Oak Park Townhouses development will generate between 295 and 234 daily trips. The range in number of trips generated by the development is due to using both the fitted curve equation and the average trip rate to calculate the number of daily trips (see attached for printouts of the trip generation data). A single access connection is proposed for the site. It will be located approximately 90 feet south of Shorewood Drive and approximately 40 feet north of the temporary construction entrance for the Villages of Seaport. Both distances are measured edge -of -pavement to edge -of -pavement. Access management is the careful planning of the location and operation of a driveway in order to provide a safe and efficient transportation system. The roadway network serves two primary purposes. The first purpose is mobility which moves people and goods and the second purpose is access which connects those people and goods to specific properties. Different roadway classifications have different access standards. An interstate roadway will have at a minimum an interchange every mile (CBD Area 1) while a residential access roadway within a subdivision may allow a driveway every 30 feet. An important access management principal is that roads should not connect directly to another of a much higher classification (see Figure 1). For instance, a residential access roadway may connect to a sub -collector, and a major collector may connect to a minor arterial, but a residential access roadway should not connect to a minor arterial. In addition, each full access connection onto a two- lane roadway will have nine potential conflict points at which an accident may occur (see Figure 2). C: ILTECI04 LTEC Project13701 Cape Canaveral Oak Park Access.wpd June 8, 2004 Page 1 of 6 North Atlantic Avenue, north of Al A, functions as a minor arterial and under the Florida DOT access classification standards would fall into Class 6 (Non -Restrictive median). This means that the minimum spacing allowed for a driveway connection would be 245 feet. If this property was reviewed as an isolated corner property, the minimum full access driveway connection is 230 feet (without a restrictive median). If North Atlantic Avenue had a median, the minimum distance for a right-in/right-out connection would be 115 feet. The proposed Oak Park Townhouses driveway is functionally classified as a residential access roadway and does not meet the access management principal of desired access between functional classes nor does it meet the minimum access driveway distances listed above. Based on the above, the recommended access connection for the Oak Park Townhouses would be a cross access connection to either Shorewood Drive on the north or through the Villages of Seaport. In order of priority, the connection to Shorewood Drive is preferred. First, the residential access connection will occur between similar functionally classified roadways. Second, Shorewood Drive is an existing connection onto North Atlantic Avenue and therefore the number of potential conflict points on North Atlantic Avenue will not be increased. Third, the connection to Shorewood Drive will be a direct connection. If access is provided through the Villages of Seaport, the Oak Park traffic will have to traverse the internal roadway network to reach the Village of Seaport entrance. Therefore, a direct connection to Shorewood Drive is the preferred access connection. Should the Shorewood Drive option not be available, the connection onto North Atlantic Avenue should be designed as a right-in/right-out driveway (see Figure 3). This will require installation of a median on North Atlantic Avenue to eliminate both southbound left turns into the site and westbound left turns out of the site. Designing the entrance as a right-in/right-out will limit the number of conflict points to two. This concludes our review or the Oak Park Townhouses Access Connection, Cape Canaveral, Florida. If you have any questions, please call. C: ILTECl04 LTEC Projectl3701 Cape Canaveral Oak Park Access.wpd June 8. 2004 Page 2 of 6 Figure l: Street Hierarchy Conflict Points a 3 Crossing A 3 DiWWI cl 3 14 ergs Figure 2: Driveway Conflict Points C: ILTEC104 LTECProject13701 Cape Canaveral Oak Park Access.wpd✓nne 8, 2004 Page 3 of 6 Figure 3: Right-in/right-out only has Two Conflict points C:ILTEC104LTECProjectl3701 Cape Canaveral Oak Park Access.wpd June 8, 2004 Page 4 of 6 c9) Summary cif Trip G ener ati on C al culation For40 Dwelling Units of R esi denti al Condominium /Townhouse 7-Jun-04 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday2-WayV olume 7-9 AMP eak Hour Enter 7-9 AMP eak Hour Exit 7-9 AMP eak H our Total 4-6 PM P eak Hour Enter 4-6 P M P eak Hour Exit 4-6 PM P eak Hour Total Saturday 2-WayV olume Saturday P e ak H our Enter SaturdayPeakHour Exit Saturday Peak H our Total 7.36 0 1 295 0.11 0 1 4 0.51 0 1 21 0.62 0 1 25 0.47 0 1 19 0.23 0 1 9 0.71 0 1 28 14.32 0 1 573 0.73 0 1 29 0.62 0 1 25 1.36 0 1 54 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-WayV olume: LN(T) = .85LN(X) + 2.55, RA2 = 0.83 7-9 AM Peak Hr. Total: LN(T) = .8LN(X) + .26 RA2 = 0.76 , 0.17 Enter, 0.83 Exit 4-6 PM Peak Hr. Total: LN(T) = .82LN(X) + .32 RA2 = 0.8 , 0.67 Enter, 0.33 Exit AM GenPk Hr. Total: LN(T) = .82LN(X) + .17 RA2 = 0.8 , 0.18 Enter, 0.82 Exit PMGenPkHr. Total: T= .34(X)+ 38.31 RA2 = 0.83 , 0.64 Enter, 0.36 Exit Sat. 2-Way Volume: T = 3.62(X)+ 427.93, RA2 = 0.84 Sat PkHr. Total: T= .29(X)+ 42.63 RA2 = 0.84 , 0.54 Enter, 0.46 Exit Sun. 2-WayV olume: T = 3.13(X) + 357.26, RA2 = 0.88 Sun. Pk Hr. Total: T = .23(X) + 50.01 RA2 = 0.78 , 0.49 Enter, 0.51 Exit Source: Institute of TransportationEngineers Trip Generation, 7thEdition, 2003. TRIP GENERATION BY MICROTRANS C: ILTECI04 LTEC Projectl3701 Cape Canaveral Oak Park Access. wpd ✓u. e, 2004 Page 5 of 6 Summary of Trip Generation Calculation For 40 Dwelling Units of Residential Condominium / Townhouse 7-Jun-04 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg Weekday 2-Way Volume 5.86 3.09 1 234 7-9 AM Peak Hour Enter 0.07 0 1 3 7-9 AM Peak Hour Exit 0.37 0 1 15 7-9 AM Peak Hour Total 0.44 0.69 1 18 4-6 PM Peak Hour Enter 0.35 0 1 14 4-6 PM Peak Hour Exit 0.17 0 1 7 4-6 PM Peak Hour Total 0.52 0.75 1 21 Saturday 2-Way Volume 5.67 3.1 1 227 Saturday Peak Hour Enter 0.25 0 1 10 Saturday Peak Hour Exit 0.22 0 1 9 Saturday Peak Hour Total 0.47 0.71 1 19 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION B Y MICROTRANS C. ILTECI04 LTEC Project13701 Cape Canaveral Oak Park Access. wpd ✓une 8. 2004 Page 6 of 6 City of Cape Canaveral Oak Park Condominiums Site Plan Applicant: Steve Morgan Location: Range: 37 Township: 24 Section: 14 Acreage: 4.15 +/- acres Permitted Number of Units: 62 Dwelling Units Proposed Number of Units: 40 Condominium Units Current Future Land Use: Residential R-2 Current Zoning: Residential R-2 Description: The applicant desires to use the property for residential condominium use in a residential R-2 zone. The subject property itself is vacant and is located on south side of Shorewood Drive. North South East West Zoning M1 Industrial R2 Residential R2 Residential C1 Commercial w/Residential *SE Comp Plan M1 Industrial R2 Residential R2 Residential C1 Commercial Existing Conditions Vacant Residential Shorewood Drive Roadway Vacant - Residential *SE — Special Exception Public Services and Facilities in Amendment Area: The impact on public services for one (1) residential unit is, the Level of Service for parks and recreation is one (2) acres of park land per 1,000 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, 2003 was 9,496. This is still adequate park space available. The traffic on North Atlantic is operating at Level of Service "D" with 179 available peak hour trips between North Atlantic and Central Blvd. North Atlantic south of Central Blvd is operating at a level of service "D" with 224 available peak hour trips from Central Blvd to A1A. The maximum peak -hour volume acceptable is 810 representing a LOS of "E". The proposed development with 40 dwelling units could generate 29 additional peak hour trips per day and this would not create a traffic deficiency. au/ilk %2 There was a traffic circulation concern related to this project. There is a proposed roadway widening of North Atlantic to accommodate proposed traffic lights at the entrance of the Villages of Seaport and at the entrance of Shorewood Drive. That would leave a right turn deceleration lane, a north bound through traffic lane and a south bound left turn lane before a driver would get to a south bound through lane. With that type of turning movement there were safety concerns. Luke Transportation prepared a traffic report based upon future improvements and existing conditions that recommended a "right in and right out only" for this project. This may not be ideal, but access is required to be provided to the land owner. Staff has recommended working with the property owners to the north and south to gain access away from North Atlantic. An access either from Shorewood Drive or from the Villages of Seaport would alleviate the perceived traffic movement problems on North Atlantic. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The development would generate .01 MGD. There is adequate wastewater treatment capacity available. The City of Cocoa has a total potable water 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. The development would consume .012 MGD. There is adequate potable water service available with the proposed change. 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 has Pb — Palm Beach soil associated with sandy soils, fast draining and low water table. There are no known wetlands, floodplains or endangered species currently identified on site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archeological resources on site. Population Projections and Trends: The average single family dwelling unit may contain 2.37 persons per unit or 95 persons. This should not have a significant affect on the population projections. Section 98-92. Streets. (a) Arterial streets cross sections of a subdivision shall be in accordance with the city comprehensive plan and as determined by the city engineer and approved by the planning and zoning board. (b) collector streets shall have either: (1) A 60-foot-wide right-of-way, two 20-foot-wide pavements, four -foot -wide separation strips, five -foot - wide sidewalk on each side; or (2) A 60-foot-wide right-of-way, 40-foot-wide pavement and four -foot -wide sidewalk on each side. (c) Minor streets for row houses and apartments shall have a 60- foot-wide right-of-way, 36-foot-wide pavement, and five -foot -wide sidewalks on each side. For residences, minor streets shall have a 50-foot-wide right-of-way, 24-foot-wide pavement, and five -foot - wide sidewalks on each side. (d) Marginal access streets shall have a 50-foot-wide right-of-way, 24-foot-wide pavement, and five -foot -wide sidewalks on each side. (e) Streets along development boundaries and streets connecting a development with existing improved street systems require cross sections as determined by the city engineer and approved by the planning and zoning board. (f) alleys must be paved full width, 20 feet minimum, as per approval of the city engineer. (g) grades on streets require plans and profiles to be approved by the city engineer. (h) Radii of pavements at street intersections shall not be less than 30 feet at the edge of the pavement or face of the curbline. (i) All rights -of -way for streets, roads and drainage easements are to be cleared for their full width and, upon completion, left in a clean and neat condition. If required to prevent erosion or excessive washing, such areas abutting the street and ditches shall be sprigged with grass or other protective measures shall be taken as required by the city engineer. (j) All necessary drainage easements shall be furnished at no expense to the city. (k) The developer shall give the city engineer at least two weeks' notice in writing by registered letter before the commencement of any construction. (I) The developer shall have available a qualified engineer or assistant for the purpose of setting all line and grade stakes when required by the contractor or inspector. (m) The city may have an inspector on the project when deemed necessary during the construction period. The inspector shall be authorized to enforce the construction of the work in accordance with the plans and specifications covering the work. The inspector shall be furnished with a complete set of plans and specifications for this purpose. If any change is required in the plans during the period of construction, such changes must first be approved by the city engineer. (n) All paved roads shall provide a minimum of two 12-foot-wide lanes (24 feet width total) exclusive of curbs. (o) All roadways shall be underlain by a base course of one of the following types, having a minimum thickness of six inches, with design as prescribed by the "Manual of Uniform Minimum Standards for Design, Construction and Maintenance of Streets and highways," as published by the state department of transportation, and no other: (1) Limerock stabilized base. Limerock base will only be used in well -drained areas not having a high or fluctuating water table. The area must be approved by the city engineer. (2) Soil -cement base. Design of the mixture shall be submitted to the city engineer for approval before processing begins. Wet -dry test cylinders shall have a psi compression value of 300 pounds or greater at seven days. (3) Sand bituminous road mix. Design of the mixture shall be submitted to the city engineer for approval before processing starts. The design will include the amount of bitumen by volume to be supplied per inch of depth per square yard of surface and the maximum obtainable density per cubic foot with optimum bitumen content. (p) The pavement surface of streets shall have single, double or triple surface treatment, and a minimum of a one -inch -thick asphaltic concrete surface course, as specified by the state department of transportation "Standard Specifications for Road and bridge Construction," latest edition. (q) Subgrade stabilization of streets shall have a limerock bearing ratio (LBR) equal to LBR 40 to depth of 12 inches. The subgrade shall be that portion of the road directly and through 12 inches below the base course, and the entire width of the road and extending six inches back of the curbs. If curbs are not used, the subgrade will be stabilized one foot wider than the pavement on both sides. (r) Stabilized subgrade requires one LBR for every 600 square yards. Base course design for soil cement and sand bituminous road mix requires a test for every material change. Limerock base course requires a Proctor test for every type of limerock. Asphaltic concrete surface course requires a design to be submitted for approval. A 2300 Hubbard -Field stability is required, as well as type 2, as prescribed by the state department of transportation standard specifications. (s) curbs and gutters shall have a raised curb of one of the following types and shall be constructed of class A concrete: (1) Six-inch by 16-inch straight curb. (2) Combination curb and gutter. (3) Combination sloped curb and gutter sloped curb. (t) sidewalks shall be constructed as follows: (1) residential areas shall have a sidewalk no Tess than four feet wide. (2) Arterial and collector streets shall have a sidewalk five feet wide. (3) All sidewalks shall be a minimum of three and one-half inches thick, 2500 psi concrete, reinforced with six by six # ten welded wire mesh or with polypropylene fibers ("Fibermesh"), with expansion joints at 30-foot intervals and construction joints at five foot intervals. (4) All sidewalks must be approved by the city engineer. (u) Driveway apron shall be a minimum of six inches thick, 2500 psi concrete, with six by six # ten, welded wire mesh. driveways shall be a minimum of three and one-half inches thick, 2500 psi concrete, with a six by six # ten welded wire mesh or with polypropylene fibers ("Fibermesh"). (v) Catch basins and drop inlets shall be constructed of either masonry or reinforced class B concrete. (w) drainage pipe shall be of a material as approved in the "Roadway and traffic Design Standards," latest edition, as prepared by the state department of transportation. (x) The developer will furnish and install street markers at all intersections. Such street markers will be of the quality and design as approved by the city engineer. (y) Seeding and planting of median strips shall be per city specifications. MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: August 2, 2004 RE: P&Z Agenda Item August 11, 2004 Easement Vacation E-6 Official Record Book 782, Pages 143 through 148 I reviewed the Easement E-6 of Record Book 782, Pages 143 through 148 lying in Section 15, Township 24 South, Range 37 East, City of Cape Canaveral, May 1965. This 1,255 foot long 12 foot wide easement is located under the USA Space Alliance structure that was constructed about 1990. A record search did not reveal any vacation of the subject easement. Although such vacation of the easement may or may not exist. In any event, the above stated Easement is not utilized by the City of Cape Canaveral. Therefore, Staff recommends the Vacation of Easement E-6 of Official Record Book 782, Pages 143 through 148. • EZ/8I 39Vd .F6,; '782 ?AGE .[43 EASEMENT 5' THIS INDENTURE, made and entered into on this NI day. of:May, 1965,,by and between CAPE CANAVERAL UTILITY migpoRATION,. •a corporation organized and existing under the 1'ws•'of.the State • ot..Florida, and SHUFORD MILLS, WC._, a corporation organized and existing'under'the•..laws of the State of•North Carolina, and'nual ified to do Wetness. in the State .of Florida, hereinafter called :the Grantor; and the City of Cape Canaveral, a akniCipal corpora- Lion organized'and existing under the'laws of the State of Florida'. and located in:the County,of Brevard, 7410'North Atlantic Avenue,'.: Cape Canaveral, Florida,' hereinafter called'the,Grantee; .NOW, THIS INDENTURE WITNESSETH: ' FOR AND IN CONSIDERATION of the Sum.of Ten. Dollar's ; (g10.00) ..th hand paid, and other good'and,valuable consideration, receipt and'sufficiency of whieh•is hereby acknowledged, the Grantor does• hereby grant, bargain, sell and convey to the.City of•:Cape Canaveral, its successors and assigns,.,the right to construct,. emplace, main- tain, inspect, Operate, protect, repair, replace, change the size. ot,.'and remove a sewer pipe line and .sewer pipe lines and appu.rt-, ':enapces,,together with'the_right of ingress and.egress.to and from •. the same for the purpo®es aforesaid, over, 'under, •throuah.'and across the following described., lands,'situated. in'the• City •of Cape Canaveral, County of Brevard, State of Florida, to -wit: . BASEMENT E-lp'. n. easeme dying. 6.00 feet each side of the following des- cribed.centerline: 'Said easement lying in Section 15, Township 24 .• .8o0h,.Range.37 East; Brevard County, Florida.' • • ' `. Commence ate point on the East Section Line. bf said Sec-. tio�r; 15, lying. N 0°50'54"• W.a distance of 1713.43 feet from the •. Southeest•corner of said Section 15; thence S 69°Q9'06" W a dis ' tanoe of:113.41 feet to the point of.begianing.of.said centerline thence N'•66'23'00" W.a distance'of.90.94 feet; thence N•68'51'l0" W •a' distance .of •994•.40• feet;, thence S 62°36'48" W a'•.distance of 176.29 . feet to the: •termination ef• Easement• E-1, • EASEMENT E-2: • An easewen.t" lyI ng 6; 00 feet each. side ofthe following des-' cribed centerline..• Said easement lying.in•Section 15., Township 2.4. 'South,,.Range•37 East, Brevard County, Florida.' ' Commence et a- point on the East• Section Line 'of said Sec= • tion 15, •lying•N.0'50'54" W a distance. of '1713.43.1eet •from the • . Southeast, ,x er..ag ,s.a44..S� nca*;S-•-$ !n:erli7A• d s-"•"''''' tance of" 4I' feot to the n oL'.6egiiining;• thence'N 1'21'56"E • to the South line of the •property described in O.R; Hook 650 at .page 234, said point being the' termination of Easement E-2. -tole,ob Li-og wig/ -Frai Ave *. 61/(4A-1111-o we_ ifiamet Vd SNVA3 H NHOP >- S TAT E c. F.t_ tj r4 t b 4 CVCVMeNra3' 3T:••lp TAX _ .ram•.___ _�T ' LAI _':nA11115„rV • v 8I0OL9ZIZE • ZS:tit b00Z/60/L0 EZ/6T 39Vd • .. EASEMENT E-3:. Vitt"762 tut 144 . . • . • .. An easement lying 6.00 feet each side .of the following des- %cribed Centerline. Said eadementlying in Section 15, Township 24 Soutb,oRange 37 East, Brevard County, Florida,: .. . . • ' • Commence at a.point on the East'Seetion Line of.said sec- tion. 15, lying 14.0"50.154" W a distance of 1713..43 feet from the .. Southeast corner or Said.Section 15; thence. S 69°23100"W'i dis-• '. tanceof 113.41 feet; thence N 89'23.'00"W a. distance of 90;94 feet;; ... thence N 66°51110"W. a distance of 573.99 feet to the t:it of. be, • ginning; thence 6_21°32'27"W a distance of 207.48 Aeet;:thence • ... 851°1041"W ndistance of 160.08 feet to the termination of Ease- . ': pent, E-3. • . . , • . . . . EASEMENT R-4: . . . • . . . Wh.ensement lying 6.00.feet each side of:the/allowing des-. '.cribed. centerline.. Said easement lying in Section.15,.Townehip 24 - South, Range.37. EaSt, Breyard County, Florida... Commence et a point on the.EaSt Section'Line•ot.said.See-. .tion'15, lying N 0°50.'54"W a.dtaneei',ok 1713.43 feet from the., . . , • Southeast corner.pf said Section 15; thence S 86°09.106"W a die- :tince of 119.41 'feet: thence N 89"23'00"W a distance. ot 84.94 :. ' .feet; thenee N 66°51110"W a distance of 849.73 feet tothe point • :.of beginning; thence N. 21°08"500E a•distance of 192.20, feet to • • '.n. point of curvature; thence Northeasterly -to Northwesterly along • a 'circular curve diverging to the left and having. for its. coMpo- • . nent'parts a radiusof.146.00- feet and a central angle of 58°30' 03" for Sn arc.distance of 149.07 feet to'a point of tangency; •thence N 31°21'10"W a.distance of.117.37 feet;.thence 148844'36"W. a distance of 220.00 feet to the termination of Easement'E-4; . . • • EASEMENT B-5: An easement. lying 6.00 feet each•side ofthe /ollowing deSr. cribed centerline. Snid easement lyinein Section 15, Township 24 .Sonth„Eange 37 East, Brevard pqnrity,. Florida.. • . . 2: . .• , -.- • ,. Commence nt'a point on the Easterly Right.,ofWay. Line o.f,. .State Road ff-401. (100' AightrofWay ns.'noW :laid out)..SaidPeint. '• ' heing.2,389.38.feet* No . rtherly of, esmeasured at.right.anglesto,.. ... . . . . . . • • .the South line of Section 15, Township 24 South,. Range:37 East, • . , , Brevard County, Florida;. thenca'S 37"21'10"E along the said' EaS terly Rightrof Way Line of State Road -# 401 4 'distanceof 150;00. :feet;: thence N 52' 38'50"E a distance of 318.64feettO the:potnt.• -:...of Beginning; thence 537°21'10Z a distince.ot.4.00 feet;. thence 5 88°4436E a. distanee of 250.00•feet; thence X 52°38'50" F a• • ' . . , . , :..distance of.420.00 feet t6.the termination of Easement.E-5. •• .. . •" ... .EASEMENT. E-6 ; .. . . . . • :... : .. An easement lying 6.00 feet' each side.of the following desr • . 'gritted centerline.; Said easement lying in SectiOn.15,Township 24. 'South, Range 37 East,lBrevard County, Florida:. - .-,' : • ' . . . . • '.. . • . Commente'at a point on the East Section Line of said•Seer . tion 15, lying N 0°50154"W a distance of 1712.43 .feet from the . Southeast corner' of.sald•Sectien 15; thence S 89°09'067W a dis- - tance•of 119.41 feet thence N 59123100"W a distance of.84.94.feet -to the point.of beginning; thence S 1°55'48-"E a:distanCe of.400 • • ' feet; thence S 6°50154"E a distance of 855 feet to the termination . .... of Easement IEW. • •: •. • • ..• • . . •.. . 2 . . . . " • . . . • • . • EASEMENT E-7t. . •:• • • . • . . • . ' . • . • • _ . .- . Aii easement lying .6.00.feet each side.:ol the *following des...,... cribed centerline. Said easement lying in.Section 15,. TnwnshiR 14. ' - South,. Range.37 East, Brevard County,' Florida'. .. • . ' . • • • ' • • Commence•ata'ppinAon the East Section.Line ol said.Sec- . tion'15i.lying N 0°50'54"W a distance'of 177.8.58 feet'from the . • omtbeaCt..X.91:PFX,-9f said Seatie1lYqUil-igq44 890944164Fr7-'" '77-tance of 19l.0 keet to the point ot-beginning; thenceN.0 50 54'W. ' a distance of 925.00 feet; thence N 4°59154"E a distance of340,00• . 'feet; thence N 89727'20"W a distance of 160.00 feet .to the termin- . ation Of Easement E-7. . • • . . .• • . • Vd SNVA3 H NHOP EiTVOL9ZIZE ZS:VI O003/60/L0 • • • ""'""" • EZ/OZ 39Vd : • • EASEMENT 8-8: i'a 782. eat tir) An easement 1ying. 6.00 feet each side of the 'following des- eribed centerline. .Said easement lying in Section 15, Township 24 South, Range 37 East, Brevard. County, Florida. . . . • • Commence. at epOint.on the Westerly Right-of-WaY Line of State'Road # 401. (100' Right -of -Way as now lei:tout) said Poimt being 1907.63 ;eat Northerly ef, as measured at right angles to,, 'the South line of Section 15, Township 24 South,. Range:37 East, Brevard. County, Florida; thence S 63,2413eWa 'distance of.94.78 ' ..teet.t!a the-pet44,..aZ.41.1ns=4,14y:PIntinue $ 63°24'34"a'a- • distance of!6.00.feet;.thenceS 64°10'01" W a distanCenf.397.33 i.. feet; Abence.S 85° 16'01"'W a distance. of 276.00 feet;. thence ... N 89p27.1207W a distance of 883.24 feet; thence 14 31°48'44"•W a distance of 64:00 feet to the termination of Easement E-8.: EASEMENT E-9: • . -, . : • An easement.lying.6,00 feet each side.of the fallowing des- • cfibed center line. Said easement lyingin Section:15, Township 24- • .South, Range 37. East, prevard County,! Florida. ': ' • • : : • • ' , . • • Commence ate point on'the.Westerly.Rightrof-Way.Line 9f ."'State Road 0 101 (100' Right-ofrWai as now laid out) said point •being1907.63.feet Northerly of, as measured at -right angles to, ' •,,the,Soeth line of Section 15, Township 24 South, Range 37-East, . Brevard County, Florida; thence 6.63°24'34"W a diatandeof 100.78 . .feeti .thence S.6410'01"W a: distance of 397.33'faet; thence S 85° 16'01"W a distance of 276.00 feet to'the point Of'beginniagl.thence '• 1.1 0.32'.40-E a distanceof 350.00 feet; thence N 6°06'37"E a die- :--tance of 200 feet;.thence N 30°30'13"E a:OiStance of 397.56 feet. • to the termination of Easement E.4, said point lying on .the said. ' Weiterly'Right-of-Way line of .State Road 0.401. : . EASEMENT:E-10: .. . • . .. • • . . • An easement.lying 6.00 feet each side of.the following 4is7 . . . . • cribed•centerline. ..Said caScment lying in SeCtiOe.15,.Township 24 ' South, Range 37 East; Brevard County, Florida. • .. '. . '. s' ' .COMmence' at a point on the Westerly Right-orrway loine of,. State,Road 0.401 (1001 Right-ofrWay as now laid'out). said Point, • •being 942.28.feet Northerly of,"as measured. at:right. ingleekgi the.South line of. Section 15•TownshiP 24-Sonth, Range 37 East, •Brceard.COunty..Florida; thence 5.52°39 50"Wadistance.-of .94.00 . . ,feet•to.the point of beginning;thence continue 5.52°38'50"sta • .'' distance of806.0.0 teet;: thence.S 37'21110"E a distance -of 30:00, feet to:the tereination Of Easement R-10. . : ' * ' • :. . . RAS6MENT.E-11: . • ' 0 . . . . . .. '. •An.easement lying 6.00 feet each side-ofthelollowing,d0S- . J .cribed centerline. Said easement:lying in Section.15, Township 24. • . South, .Range 37 East, Brevard County, Florida; and'an easement lIfinE':: 6.00 feet each sideof the:following described centerline lying in, 'Section 14, Township 24. South„Range 37 East, Brevardconnty, % -- . . , Florida; • .•• . . . . • . . . 'Commence at a point on the East lineof said.Section.15,-. • ...lyinuN 0°50'54"w a distance of 1739.58 .feet'from the .SoUtheait'... corner'of said. Section 15; .thence N 89°23'00"W 4 distance of • .182.25 feet to the.poin.t of beginning; thence S 09°23'00"Ea dis- tance of 82.25 feet tun point on the said East line Of Section'15r -.. thence S 89°26'00"E through said Section. 14 adistance Of 880.00 feet to the termination. of Easement E-11. EASEMENT FM-lt 'PrTiTiaTit-Tying 6.00 feet each side of the following des-• * crned center7ine. Said easement lying in Section 13, Township.24 South, Range 37 East, Brevard County, Florida. ' Commence at a point on the East Section Line of said Sec- tion 15, lying N 0°50'54"W a distance of 1798140tAtfRom 1404-10.0 SouthOst corner of-Sald Section 15; thence N 'tfisnif a •dis- %sear', • .tance of 155.00 feet to the point of beginning; thence continue S 89°09'06"W a distance of 47.88 feet; thence N.68°51'10111 a distance of 559.17 feet; thence S 21'08'50"W a distance of 221.56 feet; to a point of curvature; thence Southwesterly along a circu- . .lar curve diverging to the right and having for its component parts •a radius of 156.00 feet and a central angle of •31°30'00' for an arc • distance of 85.77 •feet to a. point of tangency; thence 5 52°38150"W a distance of 257.71 feet to the termination of FM-1 said point being .on the Easterly Right -of -Way of State Road # 401. Vd SNVA3 H NHOf • 8TPOL9ZIZE . 0 • ZS:PT PO0Z/60/L9 • ;• titCle 782.' PAGE i4Ai• • EASEMENT FM-1:• • . . An easement lying6.00 feet each side Of the following des- .cribed centerline. Said easement lying in Section 15, Township '24 .-South; Eange 37 Eaet, Brevard County,•Florida..• .• . • . Begin, at a point on the Westerly Right -of -Way Line of State Road # 401 .(1001 Right-of7Way as now laid out) Said point being • 923.34 feet Rertherly of, ns measured at right angles to, 'the'. South.line. of Section 15, Township 24 South, Range 37 East; Bre-• • vard County, Florida; thence 5 52'38'50"W a diStancii 'cl 958.13. • lest corwei-o*V;.thcoce-S.:.%Othwesterly to Northwesterly • Along lor.• curve 'diverging tO the. right and haWing.for• its component parts a radius of 373.73 feet and e central angle Of' 371'53'50" for an arc distance of 247.20 feet to:a point Of tan- . :Igency;' thence N 89'27120"W a diStancept 158.78 /Sett* a point Of -curvature; thence Northwesterly alonga circular Curve.diver-- • ging to the rightAnd having for its component parts' a radius of 1067.56 feet and a central angle of 27°06'26" for'in are distance. •fof 505.07 feet to a point of tangency;' thence N. 62.12.0154"N.a.c4s- tance of 186.60 feet to a,point Of curvature;. thence Northwesterly • Ong a'circular curve diverging to' the right and•hiving for its component parts a radius of 1074.00 feet.and a central angle of • , • 61' 30'00" for an arOdistance of 1152.81 feet to. a' point:of tan- gency; thence N 0°50'54"W a distance of321.04 reettnthe ter- • • ' -mination of Easement FM-2. • • EASEMENT FM-3: • • An easement lying 6.00 feat each'side of the following des- cribed centerline. Said easement lying in Section 15,' Township' 34 South, Range 37 East, Brevard County, Florida. • Commence at thesoutheast ocrowr of Section 15, Township 24 South, Range 37 East, thence N 89°27'20"W along the South line • of said Section 15 a distance Of 2852.25 feetrthence N 0°32'40E a distance of 674.24 feet to the point'of beginning; thence S 48° 16'04"W a diStance of 259.00 feet to the termination of Easement FM-2. EASEMENT:LS-1: . . . • • . • . . • Commence il n peint • on the 'Easterly% Right-Of-Way.of• State' ,Rod.0 401 (100I'Right-of-Way as noW.laid out)..said.point.being • '.'.. 1,389.38 feet Northerly of, as measured arright angles to, the., . ...South line of Section 15, Township 24 South, Range 37 East, Bre- • :Vard COuntir, Florida; thence' S 37°21.10"S a• distance.of 150.00 • , feetvthence N 52°39'50"E a distance of 466.48 feet; thence .%-'537°21210"E a distance of 64.38 feet. to the point of beginning; ....thence S 86.'44138"E a distance: of:25.0o feet; thence S. 01915' '22"W:a distance of 39.06 feet; thence.N.88°44.118"6 A.distance of. • 25.90 feet;. thence N 01°15122"E a distanceOf 39.06 feet to the point of beginning:' ' ' • • . • .. F..ASEMENT LS-2: . • . • • -.• • • - ' commence at .the Southeast corner of Section 15, Township ' . -. -• 24' South; Range 37 East; thence N 89°27'20"W along the South line ., of said Section. 15 a distance of 3149.68 feet; thence N 0°32'40"E a 'distance 6f•1723.174eet to the point of beginning; thence ' S 31°.48144"E a distance of 20.00 feet; thence 6'58°11'16"W a • .distanceof.35.00 feet; thence'N 31°48144"* a. distance of 20:00 ...': feet; thenCe.8°11'16"E a. distanced 35.00 feet' te'the point • of heginning. • .••• . . • ...s. .1. . .•. . • • .:..•.I hereby certify that the foregoing described easements encompaes. . . . . ..:. the sanitary sewer gravity lines; sanitary sewer force maina. and. ' • • nanitary sewer lift stations, that are existing 'and enderconstrecT..' '..• tier': ••• . . • ,,m m ,,,,,, ;: . .... .!.4,4!,,,:,1;/:-.,, -00‘...7,:..•: • .,-.....:- ..---* '•?'••: •••Vc•V;.iiY.'.!:t:'''• • 7 :,... r.tt' ••o• • . • p..,. q,..z.,......:iie-.-.;,-,:..4, . ... .,' •.• ' .< '..e.' , -el•:. . . V7 1/ t f.b.' d Z21. -Itiee_kh;JCIJ li 614-Vi'4.1: • . .j.• an era 1.'31 fArx l. !--• I .: Fla.. Reg. ServesrolVtApp8 a ' 1 ',‘+.:•.:*::Ill-•..".i".i' . ,s, ..,::: ,-• ,, ,...7, EZ/IZ 39Vd Vd SNVAB H NHOf 81170L9ZIZE ZG:OT O00Z/60/L0 • EZ/ZZ 39dd .«:; 782 ME 147 TO HAVE AND TO FOLD the said sewer lane easerent and right- of -way .hereb;; granted unto the Grantee, its successors and assigns, in fee simple forever. • The''Orantor does hereby fully warrant the title to''said land, and will defend the. seine . gains t the lawful clsi ins of . all persons. whomsoever. • • . :fhenever used in this instrument, .tho sincular ,'number shall *include the plural, and the plural the' eircular; and the use of..arm E,ender shall' include all g-enaers'. IN WITIES3 14EOP, the Grantor has caused .these present:, to be signed in its nerve by its President, and its corporate seal •to' be affi,xed, attested by .its Secretary, the day end. year above written. Signed, .sealed• and delivered in the presence .of: • Signed', sealed and delivered in the presenc, of.: Ar Gd SNVA3 H NHOf CAPE CM AVERAL I1 Y GOE?ORAT> •I reslCen .Attest:.' �(.�^�/d .t'..�._::' . • leclete.r-y. • CORPORATE SEAL}f =: �.j>: , A. : �•,• 51iUI'ORA t 7TT T:y, INC . . By: 7 A. Presid fittest: c�� •%-lr�•-- , ..:.�� '7 V Secretary _ `1. i! ( CORPORA • ), 710 • ...y��%•GfLKiay.+ • 8Tb0L9ZIZE ZS:VI b00Z/60/L0 Aril; .-, pees t • PAGE .L4S STATE OP 'FLORIDA ) COUHTX OF' R VJ ED )) • Z HEREBY CERTIFY, That on this ' /D,( day of.1%may, 1965, before aye personally appeared H. H. Si::.•T, Jr., and Harry P. Davison, .Jr., President and Secretary .respectively of Cepe'Canaveral- Uti],ity Corporation; a corporation under the laws of the.State of' Florida, to me known to be the persons dascribea'in and who execut- ed the foreEoinE conveyance and they se verally'acknowledged the . execution thereof to be their free act and deed'as such officers, for the uses and purposes therein mentioned; and thatthey they affixed' thereto the official scal of said corporation, and t_''.o said in- strument is the act and faced of said corporation. WITNESS my siEratureand official seal at Titusville, in ' the County of ;revard and State of Ploride,.the day and year last aforesaid. . CPEVt�1t0 COUb f Y• F �. VEAIEtED wow- 1 t try • 35 AZ.,) —µ�Ar avxl MCAT r� a ai.y Public (/ "''�;.: •.•'�••` '• • estate of Florida at My commission expires:_ r r,.t. STATE OF FLORIDA 1 REV AND ' I _IGEtEEY . CEETIPY, that on • th±s ' 1 (6day of May, 1965, before me .personally appeared 'Alex Shuford and C. M. Chumley, Jr., Y President and Secretary respectively of Shuford Mills, • Inc., a .corporation under the laws of. the State of North Carolina. 3 to pie known to be the persons described in and who executed the • foregoing conveyance'and they severally acknowledged the execution thereof to. be their free act and deed as such officers, for the uses and purposes tho'ein,r::entioned; and that they affixed thereto the official seal o_.'aaid corporation, and the said instrument is .. the act and deed•ot said corporation. WITNESS any signature and off ciel •5ea1 at Titusville, in the County of Brevard and State of ! orida, the day and ye- last aforesaid: , •• N•tary lie • ;:..,'.; - • State oi loride. at Large _r ' ; E •A Imo) My commission. expires; • Nowa uutIC,SIAltmrun u»..:...t :-' f AM 5 1959 EZ/EZ 39Vd •:Id1R.L MI.1551Ott Ltt'tR r`c;'.=i'' ..";'�'' ''•.;•' :.n ,..vuan .z cO . iia�rtCno.sr'.. Vd SNVA3 H NHOP 8tb0L9ZlZE ZS:Pi b00Z/60/L0 • . Blevard County Property Appraiser-- Online Real Estate Property Card Page 1 of 3 'Home( fMeet JimFord( 'Appraiser's Job( (FAQ( (General Info( fSave Our Homes( 'Exemptions( 'Tangible Property( (Contact Us( JLocationsl'Forms.' [Appeals( [Property Research( fMap Search('Maps & Data( 'Unusable Property(UAL( Authorities( [fax Facts( (Economic Indicators) 'Office Audit( 'What's New( [Links( [Press Releases('Tax Estimator( General Parcel Information for 24-37-15-00-00815.0-0000.00 1 Parcel Id: 24-37-15-00-00815.0- 0000.00 Map * Site Address: 8550 ASTRONAUT BLVD, CAPE CANAVERAL, FL 32920 [431011 * Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Owner I Name: ;VENTURE CAPE CANAVERAL JOINT Second Name: Third Name: , C/O J L BURNITT & COMPANY Mailing Address: ONE WOODBRANCH PLAZA 12121 WICKCHESTER LANE SUITE 500 City, State, Zipcode HOUSTON, TX 77079 Value Summary for 2003 I** Market Va Agric ltuiral Assesserl Value: ie Homestead Exemption Other Exemptions: 'Taxable Value: $6,300,0001 L $0 $6,300,0001 L so $01 $6,300,0001 Legal Description PT OF GOV'T LOT 4 AS DESC IN ORB I 2995 PG 3724 1 Land Information Acre. 12.441 Situ (~`ode: 340 Land V lu $948,3201 ** This is the value established for ad valorem purposes in accordance with s.193.011(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information I 1 *** Sales i *** Sales OR Sale Sale Teed Screening; Screenings Vacant/Improvedl Book/Page Date ' Amount I Type Code Source s http://www.brevardpropertyappraiser.com/asp/Show_parcel.asp?acct=2431011 &gen=T&ta... 8/2/2004 Page 1 of 1 http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &id=2004080... 8/2/2004 Page 1 of 1 http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &id=2004080... 8/2/2004 .3 ALLEN. inerng,lnc. (321) 783-7443 FAX (321) 783-5902 106 DIXIE LANE - P.O. BOX 321321, COCOA BEACH, FLORIDA 32932-1321 Easement to be Vacated EASEMENT E-6 from Document Titled EASEMENTS Official Records Book 782, Pages 143 through 148 An easement lying 6.00 feet each side of the following described centerline. Said easement lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida. Commence at a point on the East Section Line of said Section 15, lying N 0°50'54"W a distance of 1713.43 feet from the Southeast corner of said Section 15; thence S 89°09'06"W a distance of 119.41 feet thence N 89°23'00"W a distance of 84.94 feet to the point of beginning; thence S 1°55'48"E a distance of 400 feet; thence S 0°50'54"E a distance of 855 feet to the termination of Easement E-6. RESOLUTION 2004-1 A RESOLUTION OF THE CITY OF CAPE CANAVERAL PLANNING AND ZONING BOARD ADOPTING RULES AND PROCEDURES SUPPLEMENTAL TO THE UNIFORM BOARD RULES AND PROCEDURES ADOPTED BY THE CITY COUNCIL PURSUANT TO SECTION 2-171 OF THE CITY CODE; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR RULES, LIMITATIONS, AND PROCEDURES ADOPTED BY THE PLANNING AND ZONING BOARD, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 2-171(j), City of Cape Canaveral Code, the Planning and Zoning Board is authorized to adopt additional rules and procedures necessary to conduct Board business providing the rules and procedures are supplemental to and not inconsistent with the rules and procedures adopted by the City Council for all boards and committees conducting business within the City of Cape Canaveral; and WHEREAS, the Planning and Zoning Board desires to adopt procedures for conducting Planning and Zoning Board meetings; and WHEREAS, the Planning and Zoning Board deems that these procedures are necessary to conduct efficient and orderly business. supplemental rules and supplemental rules and NOW, THEREFORE, BE IT DULY RESOLVED BY THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and hereby fully incorporated herein by reference. Section 2. Adoption of Supplemental Rules and Procedures. The following rules and procedures are hereby adopted by the Planning and Zoning Board: 1) Regular Meetings. The Planning and Zoning Board of the City of Cape Canaveral shall hold regular meetings at 7:30 p.m. on the second and fourth Wednesday of each month of the year. Meetings will end at 10:00 p.m. unless a majority of the Planning and Zoning Board votes to extend the meeting. Meetings shall be held at the Cape Canaveral City Hall Annex. Meetings may be cancelled by a majority vote of the Planning and Zoning Board at any official meeting. Meetings may also be cancelled by the City Manager if it is known prior to a regularly scheduled meeting that a quorum of the Planning and Zoning Board will not be present at the meeting or the City Manager determines that there is no business to present to the Board. City of Cape Canaveral Planning and Zoning Board Resolution No. 2004-1 Page 1 of 3 2) Special Meetings. Special meetings may be called by the Chairperson upon recommendation of any two Board members or the City Manager at any time. A minimum of 48 hours advance notice must be given to all Board members. 3) Emergency Meetings. Emergency meetings may be called by the Chairperson or upon recommendation of any two Board members or the City Manager at any time. In case of an emergency, the 48-hour notice provided for special meetings may be waived. 4) Agenda. The agenda for each regular or special meeting shall be posted in City Hall, a minimum of 48 hours before meeting time. Agenda for emergency meetings may be handed to Board members at the time of the meetings. The agenda shall be organized by the Chairperson. Items may be placed on the agenda by any Planning and Zoning Board member, or any City Council member, or the City Manager by calling the item to the attention of the Board Secretary at least one (1) week before any regular meeting or within the 48-hour notice requirement for special or emergency meetings. The agenda shall follow the following outline: I. Call to order. II. Roll call. III. Approval of minutes of previous meeting which have not been approved. IV. New business. V. Old business. VI. General discussion. VII. Adjourn 5) Rules of Conduct at Planning & Zoning Meetings. The most current edition of Roberts Rules of Order shall be followed during any meeting of the Planning and Zoning Board. 6) Attendance. Members of the Planning and Zoning Board shall notify the Chairperson of the Board or the Board Secretary if they cannot attend a meeting. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, 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 Resolution. Section 4. Repeal of Prior Rules and Procedures. Any previously adopted rules and procedures of the Planning and Zoning Board are hereby repealed in their entirety. It is the intent and purpose of this resolution to provide a completely new set of supplemental rules and procedures of the Planning and Zoning Board. This resolution shall be deemed supplemental to and in addition to any uniform rules and procedure adopted by the City Council of the City of Cape Canaveral. City of Cape Canaveral Planning and Zoning Board Resolution No. 2004-1 Page 2 of 3 Section 5. Conflicts. In the event any provision of this resolution conflicts with any rule adopted by the City Council or provided by law, the rule adopted by the Council or provided by law shall apply. Section 6. Limitations. The failure of the City of Cape Canaveral Planning and Zoning Board to abide by the policies in this resolution shall not have any adverse effect on any final decision made by a majority vote of the Planning and Zoning Board. Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption by the City of Cape Canaveral Planning and Zoning Board. Resolved by the City of Cape Canaveral, Planning and Zoning Board, in a regular meeting assembled on this day of , 2004. Beatrice McNeely, CHAIRPERSON ATTEST: Susan Chapman, SECRETARY APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL ONLY: Anthony A. Garganese, CITY ATTORNEY City of Cape Canaveral Planning and Zoning Board Resolution No. 2004-1 Page 3 of 3 cJ Section 110-538. encroachments. Every part of every required setback shall be open and unobstructed from the ground to the sky, except as follows or as otherwise permitted in this chapter: (1) Sills or belt courses may project not over 18 inches into a required setback. (2) Movable awnings may project not over three feet into a required setback. (3) Chimneys, fireplaces or pilasters may project not over two feet into a required setback. (4) Fire escapes, stairways and balconies which are unroofed and unenclosed may project not over five feet into a required rear setback or not over three feet into a side setback and shall not project into a required front setback of a multiple dwelling, hotel or motel. (5) Hoods, canopies or marquees may project not over three feet into a required setback. (6) fences, walls and hedges shall be permitted in the required setback, subject to this chapter. (7) parking may be located in a required front or rear setback for single- family and two-family dwellings. (8) In the commercial and industrial zoning districts, with the exception of any property abutting State highway Al A and located north of the existing centerline of Central Boulevard, required offstreet parking spaces may be permitted within ten feet of the front lot line. parking may be permitted on a required side setback on a corner lot in the commercial zoning district. (9) No required setback or landscape buffer shall be used for any parking space or backout area, except as specked in subsections (7), (8) and (11) of this section. (10) Open, enclosed porches, platforms or paved terraces not covered by a roof or a canopy and which do not extend above the level of the first floor of the building may extend or project into the required setback. (11) Primary parking may be located in a required front setback for multiple -family dwellings. (12) Signs for on -site advertising shall be in conformance with chapter 94 pertaining to signs. (13) Roof overhangs (eaves) may project not over two feet into a http://www.myfrida.epe/CapeCode/110-538.htm 08/04/2004 r required setback. (14) Air conditioner units may project not over five feet into a required rear setback. Secs. 110-539-110-550. Reserved. DIVISION 6. VEHICLES AND vesselS* Home — Contents — Index littpl/www.myftwitWootttlove/apeCotleIT01538,1rtm 08/04/ (ITN O1CAPE C_k\AN EIZAC. BE IEDI\G DEP:kR F\IE\"F Memo Date: August 11, 2004 To: Planning and Zoning Board From: Todd Morley, Building Official RE Request for P&Z Board to clarify definition o canopy" to differentiate it from "roof overhang" or "eaves" We need a dear definition of "canopy" to differentiate it from "roof overhang" or "eaves" - see below: I think 110-1 is the place to make this change, as it is merely a definition that I am asking for. However, the Board may want to consider a uniform encroachment for such items when we get to 110-538 in the Code Review workshops. Discrepancy is in Encroa hments:. ale eattekes as a if-u ble/ a hri c I l ke. skuciurei• 110-538 (5) "Hoods, canopies or marquees may project not over three feet into a required setback." vs. 110-538 (13) "Roof overhangs (eaves) may project not over two feet into a required setback." There is a one -foot difference based on how one interprets "canopies" Per Webster's II New College dictionary: Canopy (def. 2), A roof like omamental architectural structure. Eaves (def. 1), the projecting overhang at the lower border of a roof. Overhang (def. 1) A projecting part, as of a building. Per City of Cape Canaveral Ordinances: Canopy - Not defined. Eaves - Not defined. Overhang - Not defined. The case at hand involves an "eyebrow" over a door, made of the exact same materials as the roof, but separated from the main roof. It is supported by the wall underneath the main roof overhang. The argument can be made that this is a canopy as a "canopy" is a "roof -like structure". The argument can be made that this is an overhang as an "overhang" is a "projecting part". The truth is, it's both. The ordinance should dearly differentiate the terms. Also — I have a concern with the proposed definition of "Structure" - specifically the phrase: "and used or intended for business or living quarters". One could argue: "I don't use this structure for business or living quarters, I only use it for storage (or recreation, or etc.). Therefore, since it is not used for business or living quarters it cannot be called a structure!" I believe the phrase: "and used or intended for business or living quarters" should be stricken. PLANNING & ZONING BOARD MEETING MINUTES JULY 14, 2004 A Regular Meeting of the Planning & Zoning Board was held on July 14, 2004 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 Leo Nicholas Lamar Russell John Fredrickson Andrea Shea King Chairperson Vice Chairperson (late) MEMBERS ABSENT Walter Schoenfeld Dennis Jenkins OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Robert Hoog Ed Gardulski NEW BUSINESS: 1. 1st Alternate 2nd Alternate Board Secretary City Planner City Attorney Vice Mayor Public Works Director Approval of Meeting Minutes: June 23, 2004 Motion by Mr. Fredrickson, seconded by Mr. Russell to approve the meeting minutes of June 23, 2004, with the request of the City Attorney that the 3rd sentence on page 2 be stricken because it could be mis-interpretated. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Easement Agreement along the West -Side N. Atlantic Avenue - Ed Gardulski, Public Works Director. Mr. Gardulski, Public Works Director, explained that throughout the year the City is required to obtain easements from property owners to perform City projects such as installations of sidewalks, sewer lines, stormwater lines and landscaping. The Board members reviewed an Easement Agreement from Green International Development Corporation. Mr. Gardulski advised that this was a 20 foot wide easement located along the west side of N. Atlantic Avenue; the easement is needed for the relocation of the sidewalk as the result of the addition of a turn lane to be added to N. Atlantic Avenue; FPL and other utilities will be able to relocate their lines underground within the easement area in the future. He noted that after recommendation by the Board, this Easement Agreement will be presented to the City Council. Brief discussion followed. CI) Planning & Zoning Board Meeting Minutes July 14, 2004 Page 2 Motion by Mr. Fredrickson, seconded by Ms. Shea -King to recommend approval of the Easement Agreement to City Council. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: Harbor Heights Subdivision - 2nd Addition Easement Agreements - Ed Gardulski, Public Works Director. Mr. Gardulski, Public Works Director, advised that the contiguous agreements contained in the Board packet was for a 20 foot wide easement along the south side of the Harbor Heights Subdivision,-2nd-Addition.-He-explained-that-the-20-foot parcel -between -Harbor Ilcights aim Ocean moods that lb uow pall of Hallui Hcilils shall be retained as a utility easement; the easement is needed to remove any clouds that may be present in regards to the existing utilities in place; this easement agreement will vacation the 10 foot wide easement noted for lots 12, 13, 14, 16, 17, 19, 20, 21, 22 and 24 of the Harbor Heights 2nd Addition recorded plat. He noted that the Public Works Director supports the vacation of this original 10 foot easement for the stated lots only. He advised that the property owners of Lots 18 and 23 did not agree with this Easement Agreement. He noted that after recommendation by the Board, this Easement Agreement will be presented to the City Council. Brief discussion followed. Motion by Mr. Russell, seconded by Ms. Shea -King to recommend approval of the Easement Agreements to City Council. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Easement Agreements as the Result of Pending Vacation of Road Right -of -Way for Patrick T. Lee and David & Michaelyn Eppley - Ed Gardulski, Public Works Director. Mr. Gardulski, Public Works Director, advised that the two contiguous agreements contained in the Board packet is a 20 foot wide easement divided equally between the Petitioning property owners David and Rhonda Lee and David and Michaelyn Eppley. He explained that this Easement Agreement was the result of a pending vacation of a portion of Ridgewood Avenue (Harbor Drive), Harbor Heights Subdivision - 3rd Addition; On May 4, 2004, the City Council considered at first reading (Ordinance No. 10-2004) the vacation of a portion of Harbor Drive (Ridgewood Avenue) between Lots 19 and 100. He noted that after recommendation by the Board, this easement agreement will be presented to the City Council. Brief discussion followed. Motion by Mr. Russell, seconded by Mr. Fredrickson to recommend approval of the Easement Agreements to City Council. Vote on the motion carried unanimously. r Planning & Zoning Board Meeting Minutes July 14, 2004 Page 3 DISCUSSION 1. Discussion Re: Temporary Structures The Board members reviewed and held discussion regarding definitions from other cities, provided by Todd Peetz, City Planner. Following discussion, the Board concluded to request City Attorney Garganese draft a proposed ordinance establishing definitions of the following: Yard Accessories (Cocoa Beach), Accessory Use (Winter Springs) and Structure (Winter Springs).- -The Board suggested that the definitions of Building and Praicipa1 Use of St ILK, we remain the same. Motion by Ms. Shea -King, seconded by Mr. Russell to agenda the proposed ordinance for consideration at the next meeting. Vote on the motion carried unanimously. 2. Discussion Re: Lowering Density Todd Peetz, City Planner, advised that the County residential density in Avon by the Sea is 15 to 30 units per acre, the residential density in Cocoa Beach is 10 dwelling units per acre and Satellite Beach is 11 units on the Ocean, 10 dwelling units everywhere else. Discussion followed. (No further direction was given.) There being no further business for the Board to consider the meeting was adjourned at 9:05 p.m. Bea McNeely, Chairperson Susan L. Chapman, Board Secretary 1 Section 110-538. encroachments. Every part of every required setback shall be open and unobstructed from the ground to the sky, except as follows or as otherwise permitted in this chapter: (1) Sills or belt courses may project not over 18 inches into a required setback. (2) Movable awnings may project not over three feet into a required setback. (3) Chimneys, fireplaces or pilasters may project not over two feet into a required setback. (4) Fire escapes, stairways and balconies which are unroofed and unenclosed may project not over five feet into a required rear setback or not over three feet into a side setback and shall not project into a required front setback of a multiple dwelling, hotel or motel. (5) Hoods, canopies or marquees may project not over three feet into a required setback. (6) fences, walls and hedges shall be permitted in the required setback, subject to this chapter. (7) parking may be located in a required front or rear setback for single- family and two-family dwellings. (8) In the commercial and industrial zoning districts, with the exception of any property abutting State highway Al A and located north of the existing centerline of Central Boulevard, required offstreet parking spaces may be permitted within ten feet of the front lot line. parking may be permitted on a required side setback on a corner lot in the commercial zoning district. (9) No required setback or landscape buffer shall be used for any parking space or backout area, except as specified in subsections (7), (8) and (11) of this section. (10) Open, enclosed porches, platforms or paved terraces not covered by a roof or a canopy and which do not extend above the level of the first floor of the building may extend or project into the required setback. (11) Primary parking may be located in a required front setback for multiple family dwellings. (12) Signs for on -site advertising shall be in conformance with chapter 94 pertaining to signs. (13) Roof overhangs (eaves) may project not over two feet into a http://www.myflorida.emaisTfte/CapeCode/1 1 0-53 8.htm 08/04/2004 required setback. (14) Air conditioner units may project not over five feet into a required rear setback. Secs. 110-539-110-550. Reserved. DIVISION 6. VEHICLES AND vesselS* Home — Contents — Index htip:/%:myflsr pe/Ca /1iQ=' i8:htm •v=r 08/04/2004 Cfy OAK PARK July 28, 2004 VIA HAND DELIVERY Building Department City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 - Re: Oak Park Condominium Dear Building Department: Enclosed please fmd ten (10) additional copies of the site plan and landscape plan for Oak Park, prepared by Morgan and Associates Consulting Engineers and Hall and Bell Landscape Architects as approved by city staff. We are requesting an appearance at the August 11, 2004 meeting of the Planning and Zoning Board. Please do not hesitate to contact me with any questions. Sincerely, OAK PARK OF BREVARD, INC. By: (/ Dude Braselton / Vice President 100 Rialto Place Suite 500 Melbourne, Florida 32901 Phone (321) 724-1700 Facsimile (321) 724-1703 CO Fage 1 of 1 Todd Peetz From: Shannon McNally [smcnally@ccvfd.org] Sent: Friday, July 16, 2004 1:59 PM To: Todd Peetz Subject: Oak Park Todd, I have reviewed the plans and find that the meet the fire department requirements. Thanks, Insp McNally Co) 8/4/2004 Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: July 19, 2004 Re: Oak Park Subdivision Site Plan I have reviewed the submittal of the site plan for Oak Park. My comments have been satisfactorily addressed. This review does not relieve the applicant from other local, state or federal agencies having jurisdictions over the project site. If you have any questions, or need further information please feel free to contact me at 407-629-8880. cp June 16, 2004 Mr. Todd Peetz Planning Partnership, Inc. 10221 Rivers Trail Drive Orlando, Florida 32817 RE: Site Plan Review - Oak Park Site Plan - Review #5 SSA Job No. 95-0208/073-1004 SSA Dear Mr. Peetz: SSA has reviewed the above -referenced project and based on our review, SSA recommends said plan for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. John A. Pekar, PE An Sr. Vice President - City Engineer ach, Project Engineer City Engineer's Review Fee For Review #5 - $95.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. STOTFLER STAGG & ASSOCIATES ARCHITECT Ib • ENGINEERS • PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065 Lic. #AAC000329 #EB0000762 #LB0006700 '5Ieserverlusersyoan cottoriva'e vfprojects'capeloak park review 5 approve.dx MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: July 27, 2004 RE: Oak Park Site Plan Review I have reviewed the submittal of the site plan review for the above referenced project. All previous comments/concerns have been satisfactorily addressed. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City uke ransportation ngineering onsultants FAX MEMORANDUM • Phone 407-423-8055 • Fax 407-423-8022 TO: __ ___ _ Edward Gardulski (Fax- 321-868-1233) Bennett Boucher (Fax: 321-868-1224) FROM: Joseph T. Roviaro, AICP DATE: June 2, 2004 RE: Transportation Planning and Engineering Services - Oak Park Townhouses Access Connection (LTEC # 04 - 3701) The purpose of this technical memorandum is to provide a review of the Oak Park Townhouses access connection onto North Atlantic Avenue. Oak Park is a proposed 40 unit townhouse condominium residential development. It is located on the east side of North Atlantic Avenue bounded on the north by Shorewood Drive and on the south by the Villages of Seaport. The proposed site is a narrow lot (approximately 135 feet by 1,293 feet) and ± 3.9 acres in area. Based on current ITE Trip Generation data (7`h Edition) the Oak Park Townhouses development will generate between 295 and 234 daily trips. The range in number of trips generated by the development is due to using both the fitted curve equation and the average trip rate to calculate the number of daily trips (see attached for printouts of the trip generation data). A single access connection is proposed for the site. It will be located approximately 90 feet south of Shorewood Drive and approximately 40 feet north of the temporary construction entrance for the Villages of Seaport. Both distances are measured edge -of -pavement to edge -of -pavement. Access management is the careful planning of the location and operation of a driveway in order to provide a safe and efficient transportation system. The roadway network serves two primary purposes. The first purpose is mobility which moves people and goods and the second purpose is access which connects those people and goods to specific properties. Different roadway classifications have different access standards. An interstate roadway will have at a minimum an interchange every mile (CBD Area 1) while a residential access roadway within a subdivision may allow a driveway every 30 feet. An important access management principal is that roads should not connect directly to another of a much higher classification (see Figure 1). For instance, a residential access roadway may connect to a sub -collector, and a major collector may connect to a minor arterial, but a residential access roadway should not connect to a minor arterial. In addition, each full access connection onto a two- lane roadway will have nine potential conflict points at which an accident may occur (see Figure 2). C:ILTEC104LTEC Project13701 Cape Canaveral Oak Park Access.wpd June 8. 2004 Page 1 of 6 North Atlantic Avenue, north access classification standards the minimum spacing allowed reviewed as an isolated corner (without a restrictive median). a right-in/right-out connection of A 1 A, functions as a minor arterial and under the Florida DOT would fall into Class 6 (Non -Restrictive median). This means that for a driveway connection would be 245 feet. If this property was property, the minimum full access driveway connection is 230 feet If North Atlantic Avenue had a median, the minimum distance for would be 115 feet. The proposed Oak Park Townhouses driveway is functionally classified as a residential access roadway and does not meet the access management principal of desired access between functional classes nor does it meet the minimum access driveway distances listed above. Based on the above, the recommended access connection for the Oak Park Townhouses would be a cross access connection to either Shorewood Drive on the north or through the Villages of Seaport. In order of priority, the connection to Shorewood Drive is preferred. First, the residential access connection will occur between similar functionally classified roadways. Second, Shorewood Drive is an existing connection onto North Atlantic Avenue and therefore the number of potential conflict points on North Atlantic Avenue will not be increased. Third, the connection to Shorewood Drive will be a direct connection. If access is provided through the Villages of Seaport, the Oak Park traffic will have to traverse the internal roadway network to reach the Village of Seaport entrance. Therefore, a direct connection to Shorewood Drive is the preferred access connection. Should the Shorewood Drive option not be available, the connection onto North Atlantic Avenue should be designed as a right-in/right-out driveway (see Figure 3). This will require installation of a median on North Atlantic Avenue to eliminate both southbound left turns into the site and westbound left turns out of the site. Designing the entrance as a right-in/right-out will limit the number of conflict points to two. This concludes our review or the Oak Park Townhouses Access Connection, Cape Canaveral, Florida. If you have any questions, please call. C: ILTEC104 LTEC Project13701 Cape Canaveral Oak Park Access.wpd June 8, 2004 Page 2 of 6 C�� MINOR ARTERIAL Street Hierarchy ARTERIAL - - SU COLLECTOR in - - - - � COLLECTOR 1.1 lv Ar h M1 �cAb tt gor • • , RESIDENTIAL AC j SS • 111 Figure 1: Street Hierarchy Figure 2: Driveway Conflict Points C: ILTEC104 LTEC Project13701 Cape Canaveral Oak Park Access. wpd ✓h.e 8, 2004 Page 3 of 6 cg) Figure 3: Right-in/right-out only has Two Conflict points C:ILTECI04 LTEC Project13701 Cape Canaveral Oak Park Access.wpd✓u. 8, 2004 Page 4 of 6 Summary of Trip G eneration Calculation For 40 DwellingUnits of Residential Condominium / Townhouse 7-Jun-04 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday2-WayV olume 7-9 AMP eak Hour Enter 7-9 AMP eak Hour Exit 7-9 AMP eak Hour T otal 4-6 PMPeak Hour Enter 4-6 PMPeak Hour Exit 4-6 PMPeak Hour Total Saturday 2-WayV olume Saturday P e ak Holz Enter Saturday P e ak Hour Exit Saturday Peak H our Total 7.36 0 1 295 0.11 0 1 4 0.51 0 1 21 0.62 0 1 25 0.47 0 1 19 0.23 0 1 9 0.71 0 1 28 14.32 0 1 573 0.73 0 1 29 0.62 0 1 25 1.36 0 1 54 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-WayV olume: LN(T) = .85LN(X + 2.55, RA2 = 0.83 7-9 AM Peak Hr. Total: LN(T) _ .8LN(X) + .26 RA2 = 0.76 , 0.17 Enter, 0.83 Exit 4-6 PM P eak Hr. Total: LN(T) _ .82LN(X) + .32 RA2 = 0.8 , 0.67 Enter, 0.33 Exit AM GenPk Hr. Total: LN(T) = .82LN(X) + .17 RA2 = 0.8 , 0.18 Enter, 0.82 Exit PMGenPkHr. Total: T= .34(X)+ 38.31 RA2 = 0.83 , 0.64 Enter, 0.36 Exit Sat 2-Way V olume: T = 3.62(X) + 427.93, RA2 = 0.84 Sat Pk Hr. Total: T = .29(X) + 42.63 RA2 = 0.84 , 0.54 Enter, 0.46 Exit Sun. 2-WayV olume: T = 3.13(X) + 357.26, RA2 = 0.88 Sun. Pk Hr. Total: T = .23(X + 50.01 RA2 = 0.78 , 0.49 Enter, 0.51 Exit Source: Institute of TransportationEngineers Trip Generation, 7thEditaon, 2003. TRIP GENERATION BY MICROTRANS C: ILTEC104 LTEC Project13701 Cape Canaveral Oak Park Access. wpd ✓ime a, 2004 Page 5 of 6 Summary of Trip Generation Calculation For40 Dw,ellingUnits of Residential Condominium/ Townhouse 7-Jun-04 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg Weekday 2-Way Volume 5.86 3.09 1 234 7-9 AM PeakHourEnter 0.07 0 1 3 7-9 AM Peak Hour Exit 0.37 0 1 15 7-9 AM Peak Hour Total 0.44 0.69 1 18 4-6 PM Peak Hour Enter 0.35 0 1 14 4-6 PM Peak Hour Exit 0.17 0 1 7 4-6 PM Peak Hour Total 0.52 0.75 1 21 Saturday 2-Way Volume 5.67 3.1 1 227 Saturday Peak Hour Enter 0.25 0 1 10 Saturday Peak Hour Exit 0.22 0 1 9 Saturday Peak Hour Total 0.47 0.71 1 19 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION B Y MICRO TRANS C: ILTEC104 LTEC Prajectl3701 Cape Canaveral Oak Park Access. wpd j 8. 2004 Page 6 of 6 PLANNING & ZONING BOARD MEETING MINUTES JULY 14, 2004 A Regular Meeting of the Planning & Zoning Board was held on July 14, 2004 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 Leo Nicholas Lamar Russell John Fredrickson Andrea Shea King Chairperson Vice Chairperson (late) MEMBERS ABSENT Walter Schoenfeld Dennis Jenkins OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Robert Hoog Ed Gardulski NEW BUSINESS: 1st Alternate 2nd Alternate Board Secretary City Planner City Attorney Vice Mayor Public Works Director 1. Approval of Meeting Minutes: June 23, 2004 Motion by Mr. Fredrickson, seconded by Mr. Russell to approve the meeting minutes of June 23, 2004, with the request of the City Attorney that the 3rd sentence on page 2 be stricken because it could be mis-interpretated. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Easement Agreement along the West -Side N. Atlantic Avenue - Ed Gardulski, Public Works Director. Mr. Gardulski, Public Works Director, explained that throughout the year the City is required to obtain easements from property owners to perform City projects such as installations of sidewalks, sewer lines, stormwater lines and landscaping. The Board members reviewed an Easement Agreement from Green International Development Corporation. Mr. Gardulski advised that this was a 20 foot wide easement located along the west side of N. Atlantic Avenue; the easement is needed for the relocation of the sidewalk as the result of the addition of a turn lane to be added to N. Atlantic Avenue; FPL and other utilities will be able to relocate their lines underground within the easement area in the future. He noted that after recommendation by the Board, this Easement Agreement will be presented to the City Council. Brief discussion followed. v Planning & Zoning Board Meeting Minutes July 14, 2004 Page 2 Motion by Mr. Fredrickson, seconded by Ms. Shea -King to recommend approval of the Easement Agreement to City Council. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: Harbor Heights Subdivision - 2nd Addition Easement Agreements - Ed Gardulski, Public Works Director. Mr. Gardulski, Public Works Director, advised that the contiguous agreements contained in the Board packet was for a 20 foot wide easement along the south side of the Harbor Heights Subdivision,-2nd-Addition—He explained that the-20-foot parcelbetweenHarbor III its i d5 tfrat is now pail bf Hai HCT 1i1 shall be retained as a utility easement; the easement is needed to remove any clouds that may be present in regards to the existing utilities in place; this easement agreement will vacation the 10 foot wide easement noted for lots 12, 13, 14, 16, 17, 19, 20, 21, 22 and 24 of the Harbor Heights 2nd Addition recorded plat. He noted that the Public Works Director supports the vacation of this original 10 foot easement for the stated lots only. He advised that the property owners of Lots 18 and 23 did not agree with this Easement Agreement. He noted that after recommendation by the Board, this Easement Agreement will be presented to the City Council. Brief discussion followed. Motion by Mr. Russell, seconded by Ms. Shea -King to recommend approval of the Easement Agreements to City Council. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Easement Agreements as the Result of Pending Vacation of Road Right -of -Way for Patrick T. Lee and David & Michaelyn Eppley - Ed Gardulski, Public Works Director. Mr. Gardulski, Public Works Director, advised that the two contiguous agreements contained in the Board packet is a 20 foot wide easement divided equally between the Petitioning property owners David and Rhonda Lee and David and Michaelyn Eppley. He explained that this Easement Agreement was the result of a pending vacation of a portion of Ridgewood Avenue (Harbor Drive), Harbor Heights Subdivision - 3rd Addition; On May 4, 2004, the City Council considered at first reading (Ordinance No. 10-2004) the vacation of a portion of Harbor Drive (Ridgewood Avenue) between Lots 19 and 100. He noted that after recommendation by the Board, this easement agreement will be presented to the City Council. Brief discussion followed. Motion by Mr. Russell, seconded by Mr. Fredrickson to recommend approval of the Easement Agreements to City Council. Vote on the motion carried unanimously. l�J Planning & Zoning Board Meeting Minutes July 14, 2004 Page 3 DISCUSSION 1. Discussion Re: Temporary Structures The Board members reviewed and held discussion regarding definitions from other cities, provided by Todd Peetz, City Planner. Following discussion, the Board concluded to request City Attorney Garganese draft a proposed ordinance establishing definitions of the following: Yard Accessories (Cocoa Beach), Accessory Use (Winter Springs) and Structure (Winter Springs). The Board suggested that the definitions of Building and tcipa1 Use of Stiuctuie remain the same. Motion by Ms. Shea -King, seconded by Mr. Russell to agenda the proposed ordinance for consideration at the next meeting. Vote on the motion carried unanimously. 2. Discussion Re: Lowering Density Todd Peetz, City Planner, advised that the County residential density in Avon by the Sea is 15 to 30 units per acre, the residential density in Cocoa Beach is 10 dwelling units per acre and Satellite Beach is 11 units on the Ocean, 10 dwelling units everywhere else. Discussion followed. (No further direction was given.) There being no further business for the Board to consider the meeting was adjourned at 9:05 p.m. Bea McNeely, Chairperson Susan L. Chapman, Board Secretary CD) Memorandum To: Planning and Zoning Board Members From: Todd Peetz, City Planner CC: Todd Morley, Building Official Date: August 4, 2004 Re: August 11, 2004 P&Z Meeting Please find attached the agenda, minutes from the July 14th meeting, the Oak Park Condominium site plan, easement vacation, definition changes to Section 110-1, unified procedure changes for the P&Z Board and discussion item about encroahment of eaves, canopies and overhangs into the setback (not consistent). There is an additional report coming to each of you under separate cover about Oak Park. When I came over to compile the agenda, I left the basic site data concerning Oak Park in my office. I apologize, but you should receive it shortly. If you have any questions, or need further information please feel free to contact me at 407-629-8880. PLANNING & ZONING BOARD MEETING MINUTES JULY 14, 2004 A Regular Meeting of the Planning & Zoning Board was held on July 14, 2004 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 Leo Nicholas Lamar Russell John Fredrickson Andrea Shea King Chairperson Vice Chairperson (late) MEMBERS ABSENT Walter Schoenfeld Dennis Jenkins OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Robert Hoog Ed Gardulski NEW BUSINESS: 1. 1st Alternate 2nd Alternate Board Secretary City Planner City Attorney Vice Mayor Public Works Director Approval of Meeting Minutes: June 23, 2004 Motion by Mr. Fredrickson, seconded by Mr. Russell to approve the meeting minutes of June 23, 2004, with the request of the City Attorney that the 3rd sentence on page 2 be stricken because it could be mis-interpretated. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Easement Agreement along the West -Side N. Atlantic Avenue - Ed Gardulski, Public Works Director. Mr. Gardulski, Public Works Director, explained that throughout the year the City is required to obtain easements from property owners to perform City projects such as installations of sidewalks, sewer lines, stormwater lines and landscaping. The Board members reviewed an Easement Agreement from Green International Development Corporation. Mr. Gardulski advised that this was a 20 foot wide easement located along the west side of N. Atlantic Avenue; the easement is needed for the relocation of the sidewalk as the result of the addition of a turn lane to be added to N. Atlantic Avenue; FPL and other utilities will be able to relocate their lines underground within the easement area in the future. He noted that after recommendation by the Board, this Easement Agreement will be presented to the City Council. Brief discussion followed. Planning & Zoning Board Meeting Minutes July 14, 2004 Page 2 Motion by Mr. Fredrickson, seconded by Ms. Shea -King to recommend approval of the Easement Agreement to City Council. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: Harbor Heights Subdivision - 2nd Addition Easement Agreements - Ed Gardulski, Public Works Director. Mr. Gardulski, Public Works Director, advised that the contiguous agreements contained in the Board packet was for a 20 foot wide easement along the south side of the Harbor Heights Subdivision,-2nd-Addition. He-explained-that-the-20-foot parcelbetweenHarbor Ilcights an�lc Ocean Woods that is now pact of Haibui be retained as a utility easement; the easement is needed to remove any clouds that may be present in regards to the existing utilities in place; this easement agreement will vacation the 10 foot wide easement noted for lots 12, 13, 14, 16, 17, 19, 20, 21, 22 and 24 of the Harbor Heights 2nd Addition recorded plat. He noted that the Public Works Director supports the vacation of this original 10 foot easement for the stated lots only. He advised that the property owners of Lots 18 and 23 did not agree with this Easement Agreement. He noted that after recommendation by the Board, this Easement Agreement will be presented to the City Council. Brief discussion followed. Motion by Mr. Russell, seconded by Ms. Shea -King to recommend approval of the Easement Agreements to City Council. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Easement Agreements as the Result of Pending Vacation of Road Right -of -Way for Patrick T. Lee and David & Michaelyn Eppley - Ed Gardulski, Public Works Director. Mr. Gardulski, Public Works Director, advised that the two contiguous agreements contained in the Board packet is a 20 foot wide easement divided equally between the Petitioning property owners David and Rhonda Lee and David and Michaelyn Eppley. He explained that this Easement Agreement was the result of a pending vacation of a portion of Ridgewood Avenue (Harbor Drive), Harbor Heights Subdivision - 3rd Addition; On May 4, 2004, the City Council considered at first reading (Ordinance No. 10-2004) the vacation of a portion of Harbor Drive (Ridgewood Avenue) between Lots 19 and 100. He noted that after recommendation by the Board, this easement agreement will be presented to the City Council. Brief discussion followed. Motion by Mr. Russell, seconded by Mr. Fredrickson to recommend approval of the Easement Agreements to City Council. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes July 14, 2004 Page 3 DISCUSSION 1. Discussion Re: Temporary Structures The Board members reviewed and held discussion regarding definitions from other cities, provided by Todd Peetz, City Planner. Following discussion, the Board concluded to request City Attorney Garganese draft a proposed ordinance establishing definitions of the following: Yard Accessories (Cocoa Beach), Accessory Use (Winter Springs) and Structure (Winter Springs). The Board suggested that the definitions of Building and nncipa use of SEiu-Eu-e remain the same. Motion by Ms. Shea -King, seconded by Mr. Russell to agenda the proposed ordinance for consideration at the next meeting. Vote on the motion carried unanimously. 2. Discussion Re: Lowering Density Todd Peetz, City Planner, advised that the County residential density in Avon by the Sea is 15 to 30 units per acre, the residential density in Cocoa Beach is 10 dwelling units per acre and Satellite Beach is 11 units on the Ocean, 10 dwelling units everywhere else. Discussion followed. (No further direction was given.) There being no further business for the Board to consider the meeting was adjourned at 9:05 p.m. Bea McNeely, Chairperson Susan L. Chapman, Board Secretary ORDINANCE NO. 15-2004 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, SECTION 110-1, DEFINITIONS, OF THE CODE OF ORDINANCES, ADDING DEFINITIONS FOR ACCESSORY AND YARD ACCESSORIES, AND AMENDING DEFINITION FOR STRUCTURE; 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 is engaged in a comprehensive review of the City Code of Ordinances; and WHEREAS, the City Council desires to amend Chapter 110, Section 110-1, of the City Code; 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, Section 110-1, 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, Section 1. It is intended that the text in Chapter 110, Section 110-1, denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 110-1. Definitions. Chapter 110 - ZONING City of Cape Canaveral Ordinance No. 15-2004 Page 1 of 3 The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Accessory use or structure. A building or use which is clearly incidental or subordinate to, and customary in connection with, the principal building or use and which is located on the same lot with such principal building or use. * * * Structure, i that wlIII. h is built or cost acted. Any thing constructed, erected or placed, the use of which requires more or less permanent location on or in the ground, or attached to something having a permanent location on or in the ground. wheels-or•ethers eked * ** Yard accessories. Non -permanent fixtures and furnishings designed for outdoor use and customarily used for leisure purposes. This shall include lawn chairs, tables, lounges, swings, hammocks, barbecue grills, picnic tables, birdbaths, bird feeders and similar items. * ** 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. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 15-2004 Page 2 of 3 Cs) ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2004. Al 1EST: 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 Rocky Randels Richard Treverton Steve Miller City of Cape Canaveral Ordinance No. 15-2004 Page 3 of 3 For Against ct RESOLUTION 2004-1 A RESOLUTION OF THE CITY OF CAPE CANAVERAL PLANNING AND ZONING BOARD ADOPTING RULES AND PROCEDURES SUPPLEMENTAL TO THE UNIFORM BOARD RULES AND PROCEDURES ADOPTED BY THE CITY COUNCIL PURSUANT TO SECTION 2-171 OF THE CITY CODE; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR RULES, LIMITATIONS, AND PROCEDURES ADOPTED BY THE PLANNING AND ZONING BOARD, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 2-171(j), City of Cape Canaveral Code, the Planning and Zoning Board is authorized to adopt additional rules and procedures necessary to conduct Board business providing the rules and procedures are supplemental to and not inconsistent with the rules and procedures adopted by the City Council for all boards and committees conducting business within the City of Cape Canaveral; and WHEREAS, the Planning and Zoning Board desires to adopt supplemental rules and procedures for conducting Planning and Zoning Board meetings; and WHEREAS, the Planning and Zoning Board deems that these supplemental rules and procedures are necessary to conduct efficient and orderly business. NOW, THEREFORE, BE IT DULY RESOLVED BY THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and hereby fully incorporated herein by reference. Section 2. Adoption of Supplemental Rules and Procedures. The following rules and procedures are hereby adopted by the Planning and Zoning Board: 1) Regular Meetings. The Planning and Zoning Board of the City of Cape Canaveral shall hold regular meetings at 7:30 p.m. on the second and fourth Wednesday of each month of the year. Meetings will end at 10:00 p.m. unless a majority of the Planning and Zoning Board votes to extend the meeting. Meetings shall be held at the Cape Canaveral City Hall Annex. Meetings may be cancelled by a majority vote of the Planning and Zoning Board at any official meeting. Meetings may also be cancelled by the City Manager if it is known prior to a regularly scheduled meeting that a quorum of the Planning and Zoning Board will not be present at the meeting or the City Manager determines that there is no business to present to the Board. City of Cape Canaveral Planning and Zoning Board Resolution No. 2004-1 Page 1 of 3 U 2) Special Meetings. Special meetings may be called by the Chairperson upon recommendation of any two Board members or the City Manager at any time. A minimum of 48 hours advance notice must be given to all Board members. 3) Emergency Meetings. Emergency meetings may be called by the Chairperson or upon recommendation of any two Board members or the City Manager at any time. In case of an emergency, the 48-hour notice provided for special meetings may be waived. 4) Agenda. The agenda for each regular or special meeting shall be posted in City Hall, a minimum of 48 hours before meeting time. Agenda for emergency meetings may be handed to Board members at the time of the meetings. The agenda shall be organized by the Chairperson. Items may be placed on the agenda by any Planning and Zoning Board member, or any City Council member, or the City Manager by calling the item to the attention of the Board Secretary at least one (1) week before any regular meeting or within the 48-hour notice requirement for special or emergency meetings. The agenda shall follow the following outline: I. Call to order. II. Roll call. III. Approval of minutes of previous meeting which have not been approved. IV. New business. V. Old business. VI. General discussion. VII. Adjourn 5) Rules of Conduct at Planning & Zoning Meetings. The most current edition of Roberts Rules of Order shall be followed during any meeting of the Planning and Zoning Board. 6) Attendance. Members of the Planning and Zoning Board shall notify the Chairperson of the Board or the Board Secretary if they cannot attend a meeting. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, 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 Resolution. Section 4. Repeal of Prior Rules and Procedures. Any previously adopted rules and procedures of the Planning and Zoning Board are hereby repealed in their entirety. It is the intent and purpose of this resolution to provide a completely new set of supplemental rules and procedures of the Planning and Zoning Board. This resolution shall be deemed supplemental to and in addition to any uniform rules and procedure adopted by the City Council of the City of Cape Canaveral. City of Cape Canaveral Planning and Zoning Board Resolution No. 2004-1 Page 2 of 3 r Section 5. Conflicts. In the event any provision of this resolution conflicts with any rule adopted by the City Council or provided by law, the rule adopted by the Council or provided by law shall apply. Section 6. Limitations. The failure of the City of Cape Canaveral Planning and Zoning Board to abide by the policies in this resolution shall not have any adverse effect on any final decision made by a majority vote of the Planning and Zoning Board. Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption by the City of Cape Canaveral Planning and Zoning Board. Resolved by the City of Cape Canaveral, Planning and Zoning Board, in a regular meeting assembled on this day of , 2004. Beatrice McNeely, CHAIRPERSON ATTEST: Susan Chapman, SECRETARY APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL ONLY: Anthony A. Garganese, CITY ATTORNEY City of Cape Canaveral Planning and Zoning Board Resolution No. 2004-1 Page 3 of 3 CITY OF CAPE CANAVERAL BUILDING DEPARTMENT Date: August 17, 2004 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson of the Planning & Zoning Board Re: Resolution 2004-1 Adopting Planning & Zoning Board Rules and Procedures pit The Planning & Zoning Board reviewed the proposed Resolution, establishing the Board's Rules and Procedures. Following discussion, the Board agreed to recommend adoption of Resolution 2004-1, with the addition that the words "Meetings shall be held at the Cape Canaveral City Hall Annex, or any other location deemed necessary by the Board" be added. Chairperson McNeely noted that the Resolution did not address ex-officio members. City Attorney Garganese responded that ex-officio members will be addressed in a seperate ordinance that has been presented to the City Manager. Please schedule this item on an upcoming meeting agenda. r ORDINANCE NO. 15-2004 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, SECTION 110-1, DEFINITIONS, OF THE CODE OF ORDINANCES, ADDING DEFINITIONS FOR ACCESSORY AND YARD ACCESSORIES, AND AMENDING DEFINITION FOR STRUCTURE; 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 is engaged in a comprehensive review of the City Code of Ordinances; and WHEREAS, the City Council desires to amend Chapter 110, Section 110-1, of the City Code; 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, Section 110-1, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and Jhiktaut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110, Section 1. It is intended that the text in Chapter 110, Section 110-1, denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 110-1. Definitions. Chapter 110 - ZONING City of Cape Canaveral Ordinance No. 15-2004 Page 1 of 3 The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * ** Accessory use or structure. A building or use which is clearly incidental or subordinate to, and customary in connection with, the principal building or use and which is located on the same lot with such principal building or use. * * * Structure. mcails that wihtclrrs built er eo1 st1 acted. Any thing constructed, erected or placed, the use of which requires more or less permanent location on or in the ground, or attached to something having a permanent location on or in the ground. Structure shall include tents, lunch wagons, dining cars, camp cars or other structures on wheels or other supports and used or intended for business or living quarters. * * * Yard accessories. Non -permanent fixtures and furnishings designed for outdoor use and customarily used for leisure purposes. This shall include lawn chairs, tables, lounges, swings, hammocks, barbecue grills, picnic tables, birdbaths, bird feeders and similar items. * ** 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. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 15-2004 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2004. A 1"1'hST: 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 Rocky Randels Richard Treverton Steve Miller City of Cape Canaveral Ordinance No. 15-2004 Page 3 of 3 For Against ORDINANCE NO. 15-2004 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, SECTION 110-1, DEFINITIONS, OF THE CODE OF ORDINANCES, ADDING DEFINITIONS FOR ACCESSORY AND YARD ACCESSORIES, AND AMENDING DEFINITION FOR STRUCTURE; 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 is engaged in a comprehensive review of the City Code of Ordinances; and WHEREAS, the City Council desires to amend Chapter 110, Section 110-1, of the City Code; 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, Section 110-1, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and cuut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110, Section 1. It is intended that the text in Chapter 110, Section 110-1, denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 110-1. Definitions. Chapter 110 - ZONING City of Cape Canaveral Ordinance No. 15-2004 Page 1 of 3 Z.rtai c)us —� �,vQ-A �f1£c,k, d.ef ni on5 The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Accessory use or structure. A building or use which is clearly incidental or subordinate to, and customary in connection with, the principal building or use and which is located on the same lot with such principal building or use. * * * Structure. incallb that wlnch is built or consti actcd. Any thing constructed, erected or placed, the use of which requires more or less permanent location on or in the ground, or attached to something having a permanent location on or in the ground. Structure shall include tents, lunch wagons, dining cars, camp cars or other structures on wheels or other supports and used or intended for business or living quarters. * * * Yard accessories. Non -permanent fixtures and furnishings designed for outdoor use and customarily used for leisure purposes. This shall include lawn chairs, tables, lounges, swings, hammocks, barbecue grills, picnic tables, birdbaths, bird feeders and similar items. * * * 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. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 15-2004 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2004. 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 Rocky Randels Richard Treverton Steve Miller City of Cape Canaveral Ordinance No. 15-2004 Page 3 of 3 For Against