HomeMy WebLinkAboutP & Z Board Packet for April 26, 2006
City of Cape Canaveral
PLANNING & ZONING BOARD REGULAR MEETING
CITY HALL ANNEX
111 POLK AVENUE
APRI L 26, 2006
7:30 P.M.
Call to Order
Roll Call
NEW BUSINESS
1. Approval of Meeting Minutes: April 12, 2006.
2. Recommendation to the Board of Adjustment Re: Special Exception Request
No. 06-03 to Allow Outside Storage in the M-1 Zoning District, (400 Imperial
Boulevard), Section 15, Township 24S, Range 37E, Parcel 814 - Arthur Berger,
Designated Agent.
3. Recommendation to the City Council Re: Site Plan Approval for the City
Maintenance Building, 601 Thurm Boulevard - Ed Gardulski, Public Works
Director.
4. Recommendation to the City Council Re: Request for Extension of Beachside
Townhomes, 2nd Addition, Preliminary Replat, Replat of Lot 13, Block 5, Avon by
the Sea Subdivision - Preliminary Replat - John Johanson, Applicant.
5. Recommendation to the City Council Re: Proposed Ordinance Regarding
Preliminary Plat Approval through City Council - Anthony Garganese, City
Attorney.
OPEN DISCUSSION
ADJOURN
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 mayor may not participate in Board discussions held at this public meeting.
Persons with disabilities needing assistance to participate in any of these proceedings
should contact the City Clerk's office at 868-1221,48 hours in advance of the meeting.
105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247
www.myflorida.com/cape · email: ccapecanaveral@cfl.rr.com
PLANNING & ZONING BOARD
MEETING MINUTES
APRIL 12,2006
A Regular Meeting of the Planning & Zoning Board was held on April 12, 2006, at the
City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea
McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll.
All persons giving testimony were sworn in by Anthony Garganese, City Attorney.
MEMBERS PRESENT
Bea McNeely Chairperson
Lamar Russell Vice Chairperson
John Fredrickson
Donald Dunn
Harry Pearson
John Johanson 1 st Alternate
OTHERS PRESENT
Duree Alexander Recording Secretary
Todd Peetz City Planner
Anthony Garganese City Attorney
Robert Hoog Mayor Pro Tem
Leo Nicholas Council Member
NEW BUSINESS:
1. Approval of Meetinq Minutes: March 8, 2006.
Motion by Harry Pearson, seconded by Donald Dunn, to approve the meeting minutes of
March 8, 2006, as corrected. Vote on the motion carried unanimously.
2. Recommendation to City Council Re: Site Plan Approval for Atlantic Animal
Clinic, Block 36, Lots 1 , 2. 9 & 10. Avon by the Sea Subdivision, (Property
located between Tyler and Harrison Avenues) - Allen Enqineerinq, Applicant.
Todd Peetz, City Planner, gave an overview of the request. He advised that the
business is relocating one block north of its current location, between Tyler and Harrison
Avenues on A1A. He outlined the current existing surrounding uses, and noted that this
project was recently granted a special exception. Discussion followed regarding the
location of an existing specimen tree. He explained that the project was short one
required parking space. If they are allowed to remove the specimen tree, they will have
sufficient parking. The Board members reviewed and discussed the submitted
landscape plan. Mr. Peetz commented that the property owner has displayed an
excellent effort to save the existing trees. John Allen, Applicant, and Kristine Storts,
Property Owner, answered the Board members questions regarding the proposed
drainage filtration system, and pick-up of hazardous waste. Chairperson McNeely
commented that this project will be an asset to the community.
Motion by Lamar Russell, seconded by John Fredrickson, to recommend approval of the
site plan for Atlantic Animal Clinic. Vote on the motion carried unanimously.
Planning & Zoning Board
Meeting Minutes
April 12, 2006
Page 2
3. Discussion Re: Coastal Hiqh Hazard Committee Final Report - Todd Peetz. City
Planner.
Todd Peetz, City Planner, gave a thorough overview of the Coastal High Hazard
Committee Final Report. Discussion followed.
OPEN DISCUSSION
Discussion was held regarding ex-parte communications. He cautioned the Board
members regarding trespassing on private property, speaking with applicants and
property owner, and receiving information outside the public meeting.
There being no further business, the meeting was adjourned at 8:30 p.m.
Bea McNeely, Chairperson
Susan L. Chapman, Secretary
Meeting Type: Planing and Zoning
Board
Meeting Date: 2/26/06
AGENDA
Heading Special Exception 06-03
Item .#
No.
AGENDA REPORT
PLANNIN AND ZONING BOARD
THE CITY OF CAPE CANAVERAL
SUBJECT: Special Exception request 06-03 to allow outside storage in an M-l light manufacturing
district
DEPT./DIVISION: Building Department
Requested Action:
Make a recommendation to the Board of Adjustment to approve or deny the request for outside storage in an M-llight-manufacturing
District.
Summary Explanation & Background:
The applicant is Arthur Berger, he has requested a special exception for outside storage in he M-l light manufacturing district. The
property is currently vacant.
Exhibits Attached: #1 Application, #2 Legal description and owner related information, #3 Applicant information regarding the
special exception, #4 Notification to Surrounding Property Owners, #5 Staff Report on the Special Exception.
City Planner's Office Department: Building Department
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Building Department (~Li . (0 ~ P-t( u ,
(please Print Legibly or Type)
DATE FILED B ~\-O~~; FEE PAIJ$~~l()DEPOSIT$ .;( SQ,84
RECV'D BY: ~C- ($250.00 Filing Fee is non-refundable) SpeCidJ EXCep4toh
>1 010.... 05
NATURE OF REQUEST
Special Exception is for what purpose (Brief Description) eJ t/!,5;iJe sforQ,'rc
yCirk ;~I
yt){,J L1~per;~/ D! 1/cO., '
Address of request (if applicable)
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Legal Description: Lot_B1ock_ParceIOO 2/<1 Subdv
Section d '/ '77 Range IS
Township ,:) ,
STATEMENT OF FACT: State of Florida, County of Brevard; I
)!J/LfPt./JL. 13eI2.6e/L , being duly sworn, depose and say that
_ I am the property owner.
V I am the owner(s) designated agent. (notarized authorization required) t
Owner(s) Name(s): uJ; Uio..m F? (!lay 5 G:/-tcD J3 E,J'(,:.lJt::+ E. {)Va.v1 i ~ (
Address: I <j oC) (0 F R f' V / e lQ D r ~ f)1y T FI, "3 d?5':2
Home Phone -Y'S.)~;23SYwork Phone 783-;;2~6() E-Mail
Applicant(s) Names(s):' H r+~ Gt (' per? e,~
Address: b;:J.. 7 A dl a J11\3 H VC>~
Home Phone 7ff'l'{YI6b Work Phone7f0' f/o?J E-Mail
All information, sketches and data contained ~d made pait of this request, are honest
and true to owledge aIlcl belief.
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Notary Public, Stat
The completed request form and the $250 filing fee must be filed as follows: Requests for'
Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a
minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board
Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior
to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after
the request is heard by the Planning & Zoning Board. (A deposit may be required per Section
110-92 )
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City of Cape Canaveral
APPLICATION FOR SPECIAL EXCEPTION . ....
This application must be legibly completed and returned, with all enclosures
referred to therein, to the Building Department, a minimum of Thirty (30) days
(sixty (60) days for Telecommunications Towers) prior to the next regularly
scheduled meeting in order. to be processed for consideration by the Planning &
Zoning Board for study and recommendation to the Board of Adjustment. The
owner or a owner representative are required to attend the meetings and will be
notified by the board secretary of the date and time of the meetings. The
Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays
of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape
Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE
SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any
questions, please contact the Building Department at (321) 868-1222.
I DATE: I
1. NAME OF APPLICANT(S) {; L<t1k u (- De \r-9 e y-
ADDRESS (if assigned)
PHONE # 3Ji-L-(4~-gOCf:J.. FAX #:J;}/ '73Lf'OLf6bE-MAIL
2. COMPLETE LEGAL DESCRIPTION OF PROPERTY:
LOT: BLOCK: SUBDIVISION:
PARCEL: ,Du S'I<(
SIZE OF SUBJECT PROPERTY IN ACR?S: <;
SECTION: d- <I TOWNSHIP 37 '. '~NGE /5
DESCRIPTION:
3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS
SOUGHT .
(EXAMPLE, ARTICLE X, SECTION 2)_fi 0:- s(4 (l)
4. COMPLETE THE A TT ACHED WORKSHEET IN FULL. (INCOMPLETE
APPLICATIONS MAY RESULT IN DENIAL OF REQUEST)
5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-lj C-2, R-l, R-2, M-l
ETC.) .
6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE
DRA WING(S) SHOWING THE FOLLOWING WHERE APPLICABLE:
(a) Adequate ingress and egress may be obtained to and from the property,
with particular reference to automotive and pedestrian safety and
convenience, traffic flow and control, and emergency access in case of fire
or medical emergency.
4
(b) Adequate off-street parking and loading areas are provided without
creating undue noise, glare, odor or detrimental effects upon adjoining
properties.
(c) Adequate and properly located utilities are available or may be reasonably
provided to serve the proposed development.
(d) Adequate screening and! or buffering. will be provided to protect and
provide compatibility with adjoining properties.
( e) Signs and exterior lighting, if any, will be so designed and arranged so as
to promote traffic safety and to eliminate or minimize any undue glare,
incompatibility, or disharmony with adjoining properties and will be
permitted and in compliance with all adopted codes and ordinances.
(f) Refuse and service areas, with particular reference to the issues relating to
(a) and (b) above.
(g) Required setbacks and other open space.
(h) Height.
(i) Landscaping.
G) Renewal and! or termination dates relating to a lease, if applicable.
(k) That the proposed use will be reasonably compatible with surrounding
uses in its function, its hours of operation, the type and amount of traffic
generated, structure size and setbacks, its relationship to land values and
any other facts that may be used to measure or determine compatibility.
PLEASE NOTE: In granting any Special Exception, the Board of Adjustment
may prescribe appropriate conditions, stipulations and safeguards to ensure
conformity with the foregoing.
STATE REASON FOR REQUEST (attach additional sheet if necessary):
~d ~5 r' &12 51 Gl Qrk"\A- l~o Q+ :> )<,V'5 c.C{r5
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THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS
APPLICATION:
_ *Paid receipt from Finance Department for $250.00 Application Fee.
_ * Paid receipt from Finance Department for Deposit, if applicable.
(Make checks payable to the "City of Cape Canaveral")
- A listing of legal descriptions of all properties within a 500 ft. radius of the
boundaries of the property contained in the request, together with the
names and mailing addresses (including zip codes) of all respective
property owners within the above referenced area. Include three (3)
complete sets of mailing labels of all property owners within a 500 ft.
radius. (This can be obtained from the Tax Assessor's Office.) The list
shall be legible and the source of the information submtted stated here:
This information was obtained from: GrrQ.,tf'~ 5 DE?-f. c?P13fEVQ_\n~ C~CJul{.-f-l
- A property map showing properties within the 500 ft. radius, clearly
outlining the subject property.
- The Location map showing adjacent properties uses, zoning, streets,
driveways, canals and utilities.
7. Where Property is not owned by the applicant, a Power of Attorney must be
attached giving the Notarized consent of the property owner to the applicant
to request the Special Exception.
8. Copy of recorded deed to subject proPtrty.
",
9. Completed worksheet.
10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s)
are encouraged.
. NOTE: Application, fee of $250.00 is non-refundable upon payment to the
City.
. NOTE: Any balance from required deposit will be returned to the
applicant upon written request minus all associated costs.
6
CITY OF CAPE CANAVERAL
SPECIAL EXCEPTION
WORKSHEET
The purpose of this worksheet are tWo-fold: (1) to assist b.~e Planning and Zoning Board
and the Board of Adjustment in the evaluation of all criteria relevant to the application;
and (2) to educate the applicant as to the criteria which must be addressed and satisfied
prior to beginning the special exception consideration process. If the applicant can not
satisfactorily address one or more of the following, this should serve as a preliminary
indication that the request for special exception may be rejected or that the application
may not be acceptable for processing.
~RITERIA (Building Official or Designee to Verify)
1) Does the Special Exception create any adverse impact to adjacent property
through the creation of noise, light, vibration, tr.affic, utility requirements, or
stormwater runoff that would not have been created had the property been
developed as a principle use in the applicable zoning district. 1\0
2) Will the Special Exception create any unusual police, [lIe or emergency services?
LItO
3) Will the Special Exception meet all the requirements of the zoning district in
which the request is to be located, such as: lot requirements, building setbacks
requirements, lot coverage, height, buffers, off-street parking, signs, storage,
landscaping, etc.? yes
4) Is there adequate ingress and egress, with particular reference to auto and
pedestrian safety and convenience~' traffic flow and control, and emergency
access in case of fire or medical emergency? 'I e::;
5) Is there adequate off-street parking and loading areas available without creating
undue noise, glare, odor or other detrimental effects upon adjoining property
owners? y 126
6) Is there adequate and properly located utilities available or may be
reasonably provided to serve the proposed development (if applicable)?
~e5
7) Is there adequate screening and/or buffering provided to protect and
provide compatibility to adjoining properties? yes
8) Are signs and exterior lighting, if any, designed and arranged so as to
promote traffic safety and to eliminate or minimize any undue glare,
incompatibility, and disharmony with adjoining properties? y e:5-
7 0'\
\J/
9) Is there adequate refuse and service areas? Yt='.5
10) Do the setbacks, landscaping, and open space met the requirements of the
zoning district? y 85
11) Is the proposed use compatible with surrounding uses in its function, its
hours of operation, the type amount of traffic generated, structure size
and setbacks, its relationship to land values and any other facts that may
be used to measure or determine compatibility? 'j es
12) Is the Special Exception consistent with the goals, objectives and policies
of the Comprehensive Plan? 'I <25
13) Is the Special Exception consistent with the intent of the zoning district
with which the Special Exception is sought? ye 5
14) Has the petitioner met the minimum requirements for the requested
Special Exception and demonstrated entitlement to the Special Exception
which will not adversely affect the public interest? yes
15) Should the Special Exception be granted with any noted limitations,
restrictions and/ or conditions? . . I.. VlO
16) Should the Special Exception be specifically granted to the petitioner or
run concurrently with the property? LJI/f~ Fiope" II
8
CITY OF (APE (ANA VE DO
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This Future la1d Use t1:1p S
of the Oty of (ape Can aver al
was .ooopted as part of
CPA OJ.. 99 by Ordilance Ol~99
00 the 20th day of May, 1999
Pf'P""'d by (apeG15 @
, J ' This Warranty Deed \IIIII~'IIIIII~~
10-22-97 09:56 am
Made this 16th day of October A.D. 19 97 CFN971B412~ 3720 I 0228
by OR Book/Page.
LOUIS T. ROGERS and MARILYN ROGERS, husban Sandy Crawford
and wife Clerk Of Courts, Brevard County
hereinafter called the grantor, to #Pgs: 2 #Names: 3 Serv 0.00
SHELDON COVE, LTD Trust: 1.50 Ree: 9.00
':xcise: 0.00
Deed: 1,141.0Q nt Tax: 0.00
Mtg: 0.00
whose post office address is: 8810 Astronaut Blvd.
Cape Canaveral, Florida
32920
Grantees' SSN:
hereinafter called the grantee:
(Whenever used herein the term 'gnmtor' and "grantee" include all the parties to this instrument and the
heirs. legal representatives and assigns of individuals, and the successors and assigns of corporations)
Witnesseth, that the grantor, for and in consideration of the sum of $ 10. 00
and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the grantee, all that certain land situate in Brevard
County, Florida, viz:
See Schedule "A" attached hereto and made a part hereof by this
reference.
SUBJECT TO covenants, restrictions, easements of record and taxes for
the current year.
Parcel Identification Number: 24 371500 814
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;
that the grantor has good right and lawful authority to sell and convey sald land; that the grantor hereby fully warrants
the title to sald land and will defend the same against. the lawful clalms of all persons whomsoever; and that said land is
free of all encumbrances except taxes accming subsequent to December 31, 19 96
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above
written.
Signed, sealed and delivered in our presence:
_nLb.~ ~~ fLSJ
.." OUI T. ROGERS
Name: IJ. Lt:r1I t::J . ~tt~{L~
fLSJ
LINDA PE PLES
Name: Name & Addrc&J. fLSJ
Name; tume (li:^<ldrCS$: fLSJ
State of Florida
County of Brevard
The foregoing instrument was acknowledged before me this 16 th day of October , 1997
by
LOUIS T. ROGERS and MARILYN ROGERS, husband and wife
,
who is personally known to me or who has produced their driver's licenses as identification.
Pri ame:
otary Publi
EPARED BY: JOHN J. KABBOORD, JR, My Co on Expires:
CORD << RETURN TO: "'-:;'\"~"'" UNDA PEOPLc~
i:~A"'t;,,; //:( COMMISSION # CC430781 EXPIRES
Superior Title Insurance Agency, Inc. ~\ .:Ji March 23, 1999
WD-l 1980 North Atlantic Avenue Suite 807 <'1;f.iif.:f.,~" 60lIllEll TliR\J TROY fAlN 11lSU1lANCE.INC.
5193 Cocoa Beach, Florida 3293~
File No: 97-3537/ ID3?:;
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CFN 97184128
LEGJAL DESCRIPTION OR Book/Page: 3720 I 0229
A portion of Section 15, Township 24 South, Range 37 East, the City of Cape Canaveral,
Brevard County, Florida, more particularly described as follows:
Commence at the Southeast corner of said Section 15; thence N. 00050'54" W. , along the
East line of said Section 15, for a distance of 3225.73 feet to the point Of
beginning, also being the most northerly corner of that parcel described in Official
Records Book 2691, page 2606, of the Public Records of Brevard County, Florida; thence
S. 52038'50" W., along the northwesterly line of said parcel, for a distance of 530.00
feet; thence N. 37021' 10" w., for a distance of 529.17 feet to a point on the North
line of the South 3316.80 feet of Section 15; thence S. 89027'20" E., along said North
line for a distance of 741.03 feet to a paine on the East line of said Section 15;
thence S. 00050' 54" E. , along said East line, for a distance of 92.05 feet to the
point of beginning.
TOGETHER WITH an easement for the purpose of ingress/egress, more particularly
described as follows:
A portion of Section 15, TownShip 24 South, Range 37 East, City of Cape Canaveral,
Brevard County, Florida, more particularly described as follows:
Commence at a point on the easterly Right of Way line of State Road No. 401 (A-1-A), a
100.00 foot Right of Way as now laid out, said point being 2448.56 feet northerly as
measured at right angles to the South line of said Section 15; thence S. 37021'10" E.,
along said easterly Right of Way line of State Road No. 401 for a distance of 125.00
feet to the point of beginning; said point being a point of curvature of a curve to
the left, having a radius of 25.00 feet; thence easterly along the arc of said curve
through a central angle of 90000'00" for a distance of 39.27 feet to a point of
tangency; thence N. 52"038'50" E., for a distance of 475.00 feet; thence S. 37021'10"
E. , for a distance of 80.00 feet; thence S. 52038'50" W., for a distance of 31.79 feet
to a point of curvature of a curve to the left, having a radius of 25.00 feet; thence
southeasterly along the arc of said curve, through a central angle of 130047'00" for a
distance of 57.06 feet to a point of compound curvature with a curve to the left,
having a radius of 100.00 feet; thence northeasterly along the arc of said curve,
through a central angle of 49013'00" for a distance of 85.90 feet to a point of
tangencYi thence N. 52038'50" E., for a distance of 1064.00 feet; thence S. 37021'10"
E., for a distance of 80.00 feet; thence S. 52038'50" N., for a distance of 1064.00
feet to a point of curvature of a curve to the right having a radius of 180.00 feet;
thence southwesterly along the arc of said curve through a central angle of 55028'55"
for a distance of 174.30 feet to a point of reverse curvature with a curve to the I
left, having a radius of 180.00 feet; thence southwesterly along the arc of said curve I
through a central angle of 55028'55" for a distance of 174.30 feet to a point of
tangency; thence S. 52038'50" W., for a distance of 203.38 feet to a point of
curVature of a curve to the left, having a radius of 25.00 feet; thence southerly
along the arc of said curve through a' central angle of 90000'00" for a distance of
39.27 feet to a point on the said easterly Right of Way line of State Road No. 401;
thence N. 37021' 10" W., along said 'Right of Way line for a distance of 130.00 feet to
the point of beginning.
~ @ END OF LEGAL DESCRIPTION
'if~~
8810 Astronaut Blvd. " Cape Canaveral, Florida 32920" (321) 783-2400 ExL 202 Fax: ) 784-1559
March 21, 2006
To Whom It may Concern;
By my signature below and as a general partner for Sheldon Cove, LTD. I hereby
authorize and give authorization/Limited Power of Attorney to Arthur Berger, discuss,
and/or negotiate any items needed to obtain the special exception for the property located
at 400 Imperial, Cape Canaveral FL.
This authorization will automatically expire upon completion of the special exception.
Sincerely, V
C~~~ t {JA~'
BerehelE. O'Daniel ~
d day of /J7af'(Yh
Signed before me this r9 /~ 2006.
O/l1/{1/ l21. .JAcfI4'- :;-:9/-06
Notary Date
Stamp: ,
\t.. ';;';~.-
:' ~ f4Y C()AMISSION' DO ~1 .
. . j EXPiRES: Mard110, 2006
, .~,., Boj1dtdThNNcIIfyI't!llill~t
City of Cape Canaveral
April 7, 2006
NOTICE OF PUBLIC HEARING
TO THE ADJACENT PROPERTY OWNER(S):
Special Exception Request #06-03
Notice is hereby given by the City of Cape Canaveral, that applicant Arthur Berger representing Sheldon
Cove, LTD, 8810 Astronaut Blvd., Cape Canaveral, FL 32920 has requested a Special Exception To
Aflow Outside Storaqe. pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations,
Section 110-354(1) for the property described as follows:
Legal Description: Township 248, Range 37E, Section 15, Parcel 00814.0
ParcellD: 24-37-15-0-00814.0-0000.00
(400 Imperial Boulevard, Cape Canaveral, FL 32920)
In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as notice that there will
be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted
above. The meeting will be held on Wednesday, April 26, 2006, at 7:30 P.M. in the City Hall Annex,
111 Polk Avenue, Cape Canaveral, FL.
The Planning & Zoning Board is advisory in nature and will make a recommendation to the
Cape Canaveral Board of Adjustment with respect to the above-named property. The final
administrative approval or denial will come before the Board of Adjustment at a subsequently
scheduled meeting. Since your property may be located within 500-feet of this property
comments can be made in person or may be submitted in writing at the Planning and Zoning
Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920.
If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered at this meeting,
that person win 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 Cito/ for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not othelWise aUowed by law. Persons with disabilities needing assistance to participate in any of these
proceedings should contact the City Clerks office (868-1221). 48 hours in advance of the meeting.
Susan Stills, CMC
City Clerk
105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 . 51JNCOM: 982-1220 . FA,X: (321) 868-1248
un",u mn-j:'JArir!., rAmlr",np . p-m",i!. rr",npr::tn::lvt'r::l!@c:fLrr.com
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Brevard County Property Appraiser: Jim Ford BUFFER DISTANCE: 500 FEET
APPLICANT NAME(S)j ADDRESS: Based on data from the Property Appraiser's Office MAP SCALE IS 1:6000 (one inch = 500 feet)
DANIEL, RONALD I
508-1844 This map was compiled from recorded documrnts and does not reflect LEGEND:
an actual survey. TIw Brevard County Board afCommissioners, Notification buffer
OWNER NMm(S)j ADDRESS: Property Appraiser, and Geographic Informatwn Services do not assume IZ2l Parcel/lot boundaries
SHELDON COVE, L TD responsibility for errors or ommissions contained hereon.
8810 ASTRONA ur BLVD., CAPE CANAVERAL, FL 32920
Produced by: Brevard County Planning & Zoning Office - GIS, March 13, 2006 Numbers on map correspond to mailing list
Ptq.#lOZ - dIuIi500 dlmi5O\J..l.omp
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CITY OF CAPE CANAVERAL
SPECIAL EXCEPTION
WORKSHEET
Outdoor Storage 06-03
The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board
and the Board of Adjustment in the evaluation of all criteria relevant to the application;
and (2) to educate the applicant as to the criteria which must be addressed and satisfied
prior to beginning the special exception consideration process. If the applicant can not
satisfactorily address one or more of the following, this should serve as a preliminary
indication that the request for special exception may be rejected or that the application
may not be acceptable for processing.
CRITERIA (Building Official or Designee to Verify)
1) Does the Special Exception create any adverse impact to adjacent property through the
creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that
would not have been created had the property been developed as a principle use in the
applicable zoning district.
The applicant's request for a Special Exception to allow outside storage parking of boats,
RV's and Trailers in a Light Manufacturing and Research & Development District (M-l)
zoning district is consistent and compatible with the adjacent properties. There are currently
Single Family and Multifamily Residential homes to the east of the subject property.
However, the proposed concept plan appears to be sufficiently buffer the residential uses
from the subject site. Buffering will be further evaluated during site plan review. In addition,
the proposed special exception of outdoor storage of RV's, Boats and trailers would not
appear to create additional noise, light, vibration, traffic, utility requirements, or stormwater
runoff that would significantly adversely impact the adjacent residential homes.
2) Will the Special Exception create any unusual police, fire or emergency services?
No unusual emergency services are needed.
3) Will the Special Exception meet all the requirements of the zoning district in which
the request is to be located, such as: lot requirements, building setbacks
requirements, lot coverage, height, buffers, off-street parking, signs, storage,
landscaping, etc.?
Should the Special Exception request be granted, the property owner is subject to
Special Exception criteria listed In the Cape Canaveral Land Development
Regulations. The subject property has the potential to meet these requirements.
4) Is there adequate ingress and egress, with particular reference to auto and pedesh'ian
safety and convenience, traffic flow and control, and emergency access in case of fire
or medical emergency?
This application requests outdoor storage of R V's, boats and trailers in a Light
Manufacturing and Research & Development District (M-l)) zoning district. The subject .~
site will gain access to Imperial Boulevard. (;)
5) Is there adequate off-street parking and loading areas available without
creating undue noise, glare, odor or other detrimental effects upon adjoining
property owners?
Off street parking is proposed in the conceptual site plan. The applicant is proposing
outdoor storage of R V's, boats and trailers. Therefore a substantial portion of the
concept plan is a parking lot.
6) Is there adequate and properly located utilities available or may be
reasonably provided to serve the proposed development (if applicable)?
Adequate utilities are available to the subject site.
7) Is there adequate screening and/ or buffering provided to protect and provide
compatibility to adjoining properties?
Applicant must meet the screening and buffering requirements of Chapter 102, City
of Cape Canaveral Code of Ordinances. In addition, the applicant has submitted a
conceptual site plan. The plan proposes a 15,000 .::!::. square foot retention pond on the
eastern portion of the property. The intended retention pond would create a large
buffer between the proposed development and the residential uses adjacent to and east
of the subject site. This will be further evaluated at during site plan review.
8) Are signs and exterior lighting, if any, designed and arranged so as to
promote traffic safety and to eliminate or minimize any undue glare,
incompatibility, and disharmony with adjoining properties?
All lighting and traffic safety requirements must be meet according to City of Cape
Canaveral Code of Ordinances.
9) Is there adequate refuse and service areas?
There is adequate refuse capacity.
10) Do the setbacks, landscaping, and open space meet the requirements of the
zoning district?
The subject site must meet the setbacks, landscaping and open space requirements of
the Cape Canaveral Land Development Code.
11) Is the proposed use compatible with surrounding uses in its function, its
hours of operation, the type amount of traffic generated, structure size and
setbacks, its relationship to land values and any other facts that may be used
to measure or determine compatibility?
The proposed use has the potential to be consistent and compatible with the
surrounding uses. This can be achieved through adequate screening and buffering @
2
between the subject site and the residential uses to the east. The applicant has
submitted a conceptual site plan. The plan proposes a 15,000 i:. square foot retention
pond on the eastern portion of the property. The intended retention pond lvould
create a large buffer between the proposed development and the residential uses
adjacent to and east of the subject site.
12) Is the Special Exception consistent .with the goals, objectives and policies of
the Comprehensive Plan?
This 'Special Exception' request is consistent with the goals, objectives and policies of
the Comprehensive Plan.
13) Is the Special Exception consistent with the intent of the zoning district with
which the Special Exception is sought?
Yes, the Special Exception is consistent with the intent of the zoning district.
14) Has the petitioner met the minimum requirements for the requested Special
Exception and demonstrated entitlement to the Special Exception which will
not adversely affect the public interest?
To be recommended by the Planning and Zoning Board and determined by the Board
of Adjustment.
15) Should the Special Exception be granted with any noted limitations,
restrictions and/ or conditions?
To be recommended by the Planning and Zoning Board and determined by the Board
of Adjustment.
3
BUILDING OFFICIAL OR DESIGNEE REVIEW
1. _ Zoning Amendment
2. - Variance Contiguous Zoning
3. X Special Exception North South East West
4. _ Administrative Appeal M-1 M-1 C-1 M-l
CONSIDERATIONS
SETBACKS: Yes MEETS CODE _ CODE VIOLATION (Describe)
COVERAGE: Yes MEETS CODE _ CODE VIOLATION (Describe)
LOT SIZE: Yes MEETS CODE _ CODE VIOLATION (Describe)
DENSITY: Yes MEETS CODE _ CODE VIOLATION (Describe)
HEIGHT: Yes MEETS CODE _ CODE VIOLATION (Describe)
ADDITIONAL REFERENCES
Code Sect. Applicability
Yes No
PARKING 11 0-491 X
LOADING ZONE NA - X
SETBACKS (AlA Ridgewoodj Astronaut) NA X
-
LANDSCAPING 110-566-567 X
NON-CONFORMITIES NA -
STRUCTURES NA -
LAND USES NA -
NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11)
COMMENTS: No additional comments
Date Reviewed by Building Official or Designee: April 18, 2006
Signature:
4 r\
ty
MEMORANDUM
TO: Todd Morley,
Building Official
FROM: Todd Peetz
City Planner
DATE: April 18, 2006
RE: Special Exception for Outdoor Storage 06-03
I have reviewed the submittal of the special exception review for the above referenced
project. My comments/concerns are addressed in the special exception worksheet
attached to this item.
If you have any questions, please feel free to contact me at 407-629...8880.
rage 1 or 1
T odd Peetz
-~-_.-
From: John Cunningham Ocunningham@ccvfd.org]
Sent: Wednesday, April 19, 2006 9:00 AM
To: Todd Peetz
Subject: Re: Special Exception 06-03
Todd,
I have reviewed the plans and have no comment at this time.
4/19/2006
MEMORANDUM
TO: Todd Morley, CBO
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: April 4, 2006
RE: Special Exception Request No 06-03
Outside Storage at 400 Imperial Blvd.
The Public Works Department has reviewed the special exception request and
does not have any comments or concerns with the above request.
@ ~I
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Meeting Type: Planning & Zoning
Meeting Date: 04/26/06
AGENDA
Heading Site Plan Revision
Item
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: Public Works Maintenance Buildings Site Plan Revision
DEPT./DIVISION: Building Department
Requested Action:
Review and recommend to City Council the proposed site plan revisions for the public works maintenance buildings.
Summary Explanation & Background:
The maintenance buildings were removed (1,100 s.t:) and enlarged (11,000 s.t:) with a total change of just under 10,000 s.t: The
purpose of the maintenance buildings is for storage.
Exhibits Attached:
A) Application for site plan review
B) Review Staff Comments
C) Site Plan
City Manager's Office Department
SITE PLAN PAYMENT RECEIPT
Project t/\A l tJ e
RESIDENTIAL:
1,2 & 3 Residential Units .............................................TOTAL: $37.50
~ (4) or more ResidentiallJnits $50.00 (1st (4) Units), plus $7.50 per
unit thereafter.
Units at $50 & Units at 57.50 = TOTAL:................$
- -
COM~vIERCV\L:
5150 per acre of land, or portion thereof. TOTAL:...............$ \SO.O
Q.~~ Acres X 5150 SITE PLAN EXTEi\SION:........ .......... ........ ........ ......... ....... TOTAL:.............. ..$150.00
SITE PLAN RESUBMISSION: 50% of original fee.........TOTAL:..............$ .
-----------------------------------------------------------
-----------------------------------------------------------
DEPOSIT TOWARDS REVIEW FEES:
RESIDENTIAL: 1 - 4 Units ...................... $700.00
Over 4 Cnits.................. StSOO.OO
CO:\I:\IERCL\L: Cp to 4 Acres.................5t500.00 ~
Over 4 up to 8 Acres.....52,00O.OO
Over 8 Acres..................53,000.OO
Total Acres: O. ~(O
Office Cse Only: Escrow :~ccouni # 1-202.2400
-----------------------------------------------------------
-----------------------------------------------------------
TOTAL REVIEW DEPOSIT RECEIVED: $
TOTAL SITE PLA2\: Sl.13MmAL FEE RECEIVED: S
PAID RECEIPT KO, DATE RECV'D
((j)
APPLICATION FOR SITE PLAN REVlEW
FEE: DATE:
-
PROJECT NA.\tlE: iV\ A iNT'Et,jAtJCe: 13\UL'D ~ """'" G
LEGAL DESCRIPTION: <cot T~uR:..I\ ~JI-e\JA.r~D
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O\V~"ER(S) ~'A.\IE: err,! ~ o..'Pg I....A;"\ME.r<:AL.
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O\"")'"ER(S) ADDRESs: Gc). \ '"'~ 1.~R"A~(,~'Llll..:E\i ~~ -
CA.~e CAtJA,\JE:R.AL. 'F\...O~\bA.
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PHOl'l"E 1'luNIBER:
NAME OF ARCElTEcT IE:>iGIl'.EER: l2R"w~ L \..Ib C'..A L'DW"u... -
PHOl'i'E Nti\-IBER: 4bl- GG>I W" ~s<:>o
APPLICA.~l'S SrG~AT[RE:
O"V~'ER OR AGENT
PHO~"E 1';Li\-ffiER:
1/95
&9.
_.-
City of Cape Canaveral
Site Plan
Maintenance Buildings for Treatment Plant
Applicant: City of Cape Canaveral, Public Works Department
Location: Range: 37 Township: 23 Section: 24
Proposed Amendment Acreage: 0.36 +/- Acres
Permitted DU per acre: N/A
Proposed Number of Units: NA - 11,100 square feet (building area
Proposed Density: N/A
Current Future Land Use: PUB
Current Zoning: R-3
Description:
The applicant proposes to build two (2), maintenance buildings. The buildings will be
constructed in two phases. Phase I proposes to construct a 9,600 square foot maintenance
building. Phase II proposes to construct a 1,500 square foot maintenance building. The
subject site is located at 601 Thurm Boulevard.
North South East West
Zoning R-3 Banana River R-3 Residential Banana River
Comp Plan Conservation Banana River R-3 Residential Banana River
Existing Park Banana River Single Family Banana River
Conditions Residential
Public Services and Facilities in Amendment Area:
The proposed development will enhance Public Works Water Reclamation facility. No
significant negative impact on public services is projected to result from the proposed
development.
@)
AlA is operating at Level of Service "A" with 283 available peak hour trips between
North City Limits to Central Blvd. AlA from Central Blvd to North Atlantic has a level
of Service is "A" with 3 25 excess trips.
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 project is not going to generate additional wastewater.
There is adequate wastewater treatment capacity available.
The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD.
Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6
MGD available. The project is not anticipated to generate additional water usage. 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 site consists of a Canaveral Complex, gently undulating (Ca) sand soil type. This
complex consists of nearly level and gently sloping soils that are mixtures of sand and
shell fragments. The water table is between depths of lO and 40 inches for 2 to 4 months
a year. In dry seasons it is below a depth of 60 inches. There appear to be no wetlands on
site. Wetland determinations or verification are permitted by St. Johns River Water
Management District. There is no known Aquifer Recharge or Floodplain areas
associated with this parcel. There are also no known endangered species living on the
site.
Historical and Archaeological Resources in Amendment Area:
There are no known historical or archaeological resources on site.
Population Projections and Trends:
Not Applicable.
Memorandum
To: Todd Morley, Building Official
From: Todd Peetz, City Planner
Date: March 17, 2006
Re: Maintenance Buildings for Treatment Plan
I have reviewed the City of Cape Canaveral Maintenance Building Site
Plan and my comments have been addressed.
If you have any questions, or need further information please feel free to
contact me at 407-629-8880.
riJ
MEMORANDUM
TO: Todd Morley,
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: March 14, 2006
RE: Public Works Department Maintenance Building
Site Plan Review
The Public Works Department has reviewed the submittal of the site plan review
for the above referenced project. All prior comments and concerns have been satisfactory
addressed. The Public Department does not have any further comments. 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.
Plan Review
To: Todd Morley, Building Official
From: Shannon McNally, Fire Inspector
Re: Water Reclaim Facility
Maintenance Building Site Plan
Date: 03/21/06
I have reviewed the plans and find that they meet the fire departments requirements at
this time.
\
Station #1 Station #2 ~
190 Jackson Avenue. Cape Canaveral, Florida 32920 8970 Columbia Road · Cape Canaveral, Florida 32920
(321) 783-4777 · Fax: (321) 783-5398 (321) 783-4424 · Fax: (321) 783-4887
www.ccvfd.org
March 24,2006 SSA
Mr. Todd Peetz
Miller-Legg & Associates
631 S. Orlando Ave, Suite 200
Winter Park, FL 32789
RE: Site Plan Review - Maintenance Building for Treatment Plant - Review #1
SSA Job No. 05-0025 I 021-1004
Dear Mr. Peetz:
SSA has reviewed the above-referenced project and based on ourreview, 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.
cdv1 jJ ~
John A. Pekar, PE
Sr. Vice President - City Engineer
City Engineer's Review Fee for Review #1 - $1,500.00
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.
STOTILER STAGG & ASSOCIATES Al'\CHITECIS ENGINEERS PIANNERS, INC.
w -
8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783.1320 Fax 321.78S-7065
J:ICIVILIProjec!sICAPE\J.m,inlenance bldg Irealmenl planl-1 approWS.uB'MCOOO329 #EBOOO0762 #LBOOO6700
Meeting Type: Planning & Zoning
Meeting Date: 04/26/06
AGENDA
Heading Preliminary Replat
Extension
Item #
No.
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANAVERAL
SUBJECT: Preliminary Replat Extension Beachside Townhomes
DEPT./DIVISION: Building Department
Requested Action:
Recommend approval or denial to City Council a six month extension of Beach side townhomes as permitted by Section 98-47.
Summary Explanation & Background:
Beachside Townhomes received a preliminary plan approval from the City Council on November 15th. The extension is one ime only
for another six months.
Exhibits Attached:
1) Letter requesting the extension
Planning Official's Office Department
Date: March 24, 2006
To: Planning & Zoning Board
From: John Johanson
RE: Lot 13, Block 5 Preliminary Replat Extension
Respectfuly request an extension on the Preliminary Replat
on Lot 13, Block 5, Avon By The Sea.
Thank you
John Johanson
310 Adams Ave
Cape Canaveral, FI. 32920
SUBDIVISIONS ~ 98-58
on the improved tract. All elevations shall be based obtained a construction permit, been granted one
on the. N.G.V.D. of 1929. In addition, at the dis- six-month extension of tiIne by the board on a
cretion of the planning and zoning board, a traffic demonstration of good cause, or made final plat
impact surveyor analysis may be required. approval within six months of preliminary plat
(Code 1981, S 503.07(C); Ord. No. 22-93, S approval, the preliminary plat approval shall be
1(503.07(C)), 7-6.93) revoked and the applicant must re-apply under
the provisions of this chapter.
Sec. 98-45. City review. (Ord. No. 22-93, ~ 1(503.04(D)), 7-6-93)
(a) Upon the documents required Ulider this di-
vision to the
preliminary plat and such other as he DMSION 4. FINAL PLAT
deems appropriate to enable the city engineer to
review the subdivision and either approve the sub-
division or point out areas that are inadequate or Sec. 98-56. Conformance to preliminary plat.
improper. The city attorney shall review the pro- The subdivision final plat shall conform sub-
tective covenants, articles of incorporation and by-
laws and shall make recommendations, if neces- stantially to the preliminary pll;lt, as approved by
sary. the planning and zoning board, and if desired by
the subdivider, it may constitute only that por-
(b) Within ten days, the city engineer will re- tion of the approved preliminary plat which he
turn in writing all comments, recommendations proposes to record and develop at the time; pro-
and questions to the applicant. The applicant shall vided, however, that such portion conforms to all
then have ten working days to comply with the requirements of this chapter.
city engineer's written request and submit the (Code 1981, S 503.05(A)(1); Ord. No. 22-93, S
information as corrected and/or modified to the 1(503.05(A)(1)), 7-6-93)
city.
(Code 1981, ~ 503.03(B); Ord. No. 22-93, S
1(503.04(B)), 7-6-93) Sec. 98-57. Number of copies.
Sec. 98-46. Planning and zoning board pro- Nine copies of the subdivision final plat ex-
cedure. hibits required for approval under this division
shall be prepared as specified by this chapter and
The planning and zoning board shall review the by state statute.
subdivision preliminary plat and other material (Code 1981, S 503.05(A)(3); Ord. No. 22-93, ~
submitted for conformity with this Code and may 1(503.05(A)(3)), 7-6-93)
negotiate on changes deemed advisable and shall
either express its approval or disapproval within
30 days. All recommendations, conditions and Sec. 98.58. Data required for final approval.
changes shall be noted on two copies of the pre-
liminary plat by the chairman of the board or The subdivision final plat shall be drawn by the
designated representative. subdivider to conform to the requirements of the
(Code 1981, ~ 503.03(C); Ord. No. 22-93, S city council and the board of county commissioners
1(503.04(C)), 7-6-93) for approval and fIling with the county clerk. Six
transparencies or printable copies of the final re-
Sec. 98-47. Time limit. corded plat shall be prepared by the subdivider
for the records of the city and shall be submitted
The approval of a preliminary plat shall be valid to the city clerk with all appropriate fees to en-
for a period of six months. If an applicant has not able the city clerk to record the documents in the
CD98:1l
Meeting Type: Planning & Zoning
Meeting Date: 04/26/06
AGENDA
Heading Discussion Preliminary
Replat Approval
Item #
No.
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANAVERAL
SUBJECT: Discussion - City Council Preliminary Plat Approval
DEPT./DIVISION: Building Department
Requested Action:
Discussion on a proposed code revision to process preliminary plat approval through City Council.
Summary Explanation & Background:
There is a proposed change to the land development code Sections 98-46 and 98-47. The change to the ordinance provides for a very
specific time line of when preliminary replat recommendations from the Planning and Zoning Board are to go to the City Council
Exhibits Attached:
I) A Letter from the City Attorney and the proposed recommended language.
Planning Official's Office Department
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attornrys at Law
Debra S. Babb-Nutcher" Offices in Orlando, Kissimmee Joseph E. Blitch
Usher L Brown < & Cocoa Scott J. Dornstein
Suzanne D'AgrestaO Andrew M. Fisher
Anthony A. GarganeseO Katherine W. Latorre
J.W. Taylor Paul H. McLester
Jeffrey S. Weiss Arny J. Pitsch
- -
Erin J. O'Leary
<Board Certified Civil Trial Lawyer Of Counsel
uBoard Certified City, County & Local Government Law
March 3, 2006
Via Email and U.S. Mail
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
.....~.
...:. Re: City Council Preliminary Plat Approval
-
(City of Cape Canaveral 513-001)
Dear Bennett:
This letter is in response to your email correspondence dated February 27, 2006 in which
you asked whether the City's current practice of having the City Council approve preliminary plats
is necessary given that the. City Code provides for such approval to be subject to a final decision
of the Planning and Zoning Board.
Section 177.071, Florida Statutes, provides that before a plat is recorded, it must be
approved by the appropriate governing body - in the City's case, the City Council _ and that
evidence of slIch approval be p!ased on the plat. See ~ 177.071 ('I), Fla. Stat. This section further
provides that the governing body has exclusive jurisdiction to approve the plat. See id. at S
177.071 (1 )(a).
As you know, the City Code's current provisions regarding the plat approval process are not
entirely consistent with the above-cited statutory provisions. As it is currently written, the City Code
requires in section 98-46 that the Planning and Zoning Board review preliminary plats and express
its approval or disapproval of the same within 30 days. There is no provision in the City Code
which requires or even provides for the City Council to review or express approval or disapproval
of preliminary plats. In contrast, final plat review requires the Planning and Zoning Board to
recommend to the City Council either approval or disapproval of final plats. See S 98-61, City
Code. Following the Planning and Zoning Board's recommendation, the City Council makes the
final decision, in resolution form, whether to approve or disapprove final plats. See id.
Notwithstanding the City Code's current provision giving the Planning and Zoning Board the \
225 East Robinson Street, Suite 660 . P.O. Box 2873 . Orlando, Florida 32802-2873 @)
Orlando (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144 . Cocoa (866) 425-9566
Website: www.orlandolaw.net . Email: firm@orlandolaw.net
Bennett Boucher, City Manager
March 3, 2006
Page 2
authority to approve or disapprove preliminary plats, the City consistently subjects final plat
approval to a decision of the City Council. It is our recommendation that the City Council, and not
the Planning and Zoning Board, continue to make all final determinations with regard to preliminary
plat approvals pursuant to Florida law.
Once preliminary plat approval is granted, an applicant is likely to rely on that approval,
raising several legal issues that place the City Council in a weak position upon its review of the final
plat. By way of example, in Charlotte County v. Vetter, 863 So. 2d 465 (Fla. 2d DCA 2004), the
County Commission granted approval ofa preliminary platto~~eveloper ~e.~.~i~~l?-d~\7eIOFa-~?=c., ........... .......................
acre parcel incorporating'bothcommerci-al~ aha Thaustrialuses. Subseql.1entlothe Cou.nfyrS' ... .. cc. c c..
preliminary approval, the Commission, experiencing second thoughts about the type of industrial
development planned for the project, advised the developer that it was contemplating changing the
zoning of the area. The County adopted the zoning amendment and proceeded to seek numerous
new requirements of the developer's project in order for him to obtain final plat approval.
The Court found that although the developer had not received a building permit or made
physical changes to the parcel, he did significantly rely on the County's preliminary plat approval
t6 his clear and substantial detriment. Id. at 469. The Court essentially found that the developer's
rights had vested, pursuant to the preliminary plat approval, under the doctrine of equitable
estoppel once the developer subsequently relied on that approval by entering into several
contractual obligations. Id.
Under the Vetter analysis, if the Planning aod Zoning Board were to maintain final decision-
making authority with regard to preliminary plats without further City Council review and approval,
the City Council would be unable to disapprove a particular plat that was previously approved by
the Planning and Zoning Board. Any reliance on an approval of a preliminary plat would vest in the
applicant the right to develop its property pursuant to the preliminary plat, thereby stripping the City
Council of any real ability to make an independent decision with regard to the final plat. The City
Council would playa mere ministerial role with regard to the plat approval process in violation of
Florida law which requires that the governing body approve all plats. Furthermore, as written,
section 98-46, City Code, is likely considered an unlawful delegation of authority because plat
approval is vested by statute in the City Council. See Chapter 177, Fla. Stat.
In order to remedy the City Code's provisions regarding preliminary plat approval, I have
enclcsed a drat: ordinance fer your consideration. Tile ordinance clarifies Chapter 98 of the City
Code with regard to the preliminary plat approval process consistent with Florida law. If the
ordinance is to your liking, please schedule the same on the next available Planning and Zoning
Board Meeting agenda for its review and recommendation to the City Council.
Please contact my office should you desire to discuss this matter further.
-^~-~.- Very Truly Yours,
Pv'l/&~
Kate Latorre
Assistant City Attorney
Enclosure
@)
ORDINANCE NO. -2006
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 98, SUBDIVISIONS,
ARTICLE II. PLATS, DIVISION 3. PRELIMINARY PLAT;
CLARIFYING THE ROLE OF THE PLANNING AND
ZONING BOARD REGARDING PRELIMINARY PLAT
APPROVAL; PROVIDING FOR THE CITY COUNCIL TO
MAKE FINAL DECISIONS REGARDING THE APPROVAL
ORDISAPPROV AL OF PRELIMINARY PLATS; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
C~ ...........~ ~~~.oo~~~ .ORDINANeES AND RESOLUTIONS; INCORPORATION -_....._~
INTO..THE.....CODE;.SEVERABILITY;ANDANEFFECTIVE -~.-.-_."-
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
VIHEREAS, section 177.071(1), Florida Statues, requires that before a plat is offered for
recording, it be approved by the legal governing body of a municipality; and
WHEREAS, section 98-46 currently provides for the City's Planning and Zoning Board to
express approval. or disapproval of preliminary plats with no further review by the City Council; and
WHEREAS, section 98-46 is inconsistent with the requirements of section 177.071(1),
Florida Statutes; and
WHEREAS, although the City Council makes the fmal decision with regard to the approval
or disapproval of final plats, it should also maintain this authority with regard to preliminary plats
in order to ensure compliance with Florida law; 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 ofthe 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 98 ofthe Code of Ordinances, City of Cape Canaveral,
City of Cape Canaveral
Ordinance No. - -2006
Page 1 of 3
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 98. It is intended that the text in Chapter 98 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance):
CHAPTER 98. SUBDIVISIONS
***
ARTICLE II. PLATS
* * *
* * *
Sec. 98-46. Planning and zoning board and city council review pI ocedUl e.
W The planning and zoning board shall review the subdivision preliminary plat and
other material submitted for conformity with this Code and may negotiate on changes deemed
advisable and shall cithei eXpiGSS recommend. in writing. its approval or disapproval to the city
council within 30 days. All recommendations, conditions and changes shall be noted on two copies
of the preliminary plat by the chairman of the board or designated representative.
Dll. Upon receipt of the planning and zoning board's recommendation. the city council.
at their next regularly scheduled meeting. shall vote to either accept or reiect the board's
recommendation.
Sec. 98-47. Time limit.
The city council's approval of a preliminary plat shall be valid for a period of six months.
If an applicant has not obtained a construction permit, been granted one six-month extension oftime
by the board on a demonstration of good cause, or made final plat approval within six months of the
city council's preliminary plat approval, the preliminary plat approval shall be revoked and the
applicant must re-apply under the provisions of this chapter.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
City of Cape Canaveral
Ordinance No. -2006
Page 2 of 3
@J
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
_m~,~ ~"~ - -_".' . ..-.. -.AnQE.IED~~Jhe,City~QlmQiL()fJh~City~Qi.CaI2e_C/UJ.ay.,e:ral,J<,lQrig,a.lhi~ m_m__,_s!~..2f=======_,..,_
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog
Jim Morgan
Leo Nicholas
SUSAN STILLS, City Clerk Rocky Randels
Buzz Petsos
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
City of Cape Canaveral
Ordinance No. -2006
Page 3 of 3