HomeMy WebLinkAboutP & Z Packet 5-24-06
City of Cape Canaveral
PLANNING & ZONING BOARD REGULAR MEETING
CITY HALL ANNEX
111 POLK AVENUE
MAY 24, 2006
7:30 P.M.
Call to Order
Roll Call
NEW BUSINESS
1. Approval of Meeting Minutes: May 10, 2006.
2. Recommendation to City Council Re: Final Replat of Beroja Palms Townhomes-
Replat of Lot 7, Block 70, Avon by the Sea Subdivision - (223 & 225 Lincoln
Avenue) - Ron Wallen, Applicant.
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
MAY 10, 2006
A Regular Meeting of the Planning & Zoning Board was held on May 10, 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
John Fredrickson
Donald Dunn
Harry Pearson
John Johanson 1 st Alternate
MEMBERS ABSENT
Lamar Russell Vice Chairperson
OTHERS PRESENT
Susan Chapman Secretary
T odd Peetz City Planner
Anthony Garganese City Attorney
Todd Morley Building Official
Robert Hoog Mayor Pro T em
NEW BUSINESS:
1. Approval of Meetinq Minutes: April 26, 2006.
Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes of
April 26, 2006. Vote on the motion carried unanimously.
2. Recommendation to City Council Re: Final Replat Marbella Townhomes, Phase
II, Lots 6 & 1/2 of 7, Block 9, Avon bv the Sea Subdivision (Adams Avenue) -
James E. Morqan, Applicant.
Todd Peetz, City Planner, gave an overview of the Final Replat. He advised that all
requirements had been met. Discussion followed regarding the signature lines not being
filled-out, signed, or notarized; drainage easements; date of dedication being changed
the reflect the correct date; topographic elevations; and the legal description on the
application checklist not being correct. Anthony Garganese, City Attorney, clarified that
the dedication of an easement is done when the City Council approves a final plat. The
Board also discussed reviewing the previous plat to compare it to the new one.
Planning & Zoning Board
Meeting Minutes
May 10, 2006
Page 2
Motion by Donald Dunn, seconded by Bea McNeely, to table the recommendation until
the corrections are made and brought back to the Board for verification. Discussion
followed regarding whether or not the Board should table the recommendation or make
the recommendation with verification by City staff. Following discussion, Donald Dunn
amended the motion to recommend approval of the Final Replat with the conditions that:
1. Todd Peetz, City Planner, verify the topography of the site; and
2. The dedication be re-executed with the current date, sealed by the surveyor; and
signed and notarized where required.
The motion was seconded by Harry Pearson~ Vote on the motion was as follows:
Donald Dunn, for; John Fredrickson, against; John Johanson, abstain; Bea McNeely, for;
and Harry Pearson, for. Motion passed by a 3 to 1 majority vote, with John Johanson
abstaining. John Fredrickson advised that he voted against the amendment because he
wanted the agenda item to be tabled.
3. Recommendation to City Council Re: Ordinance 03-2006, Amendinq Alcoholic
Beveraqe Requlations - Anthony Garqanese, City Attorney.
Anthony Garganese, City Attorney, advised that this ordinance is part of the
comprehensive review of the City's Code of Ordinances. He noted that the changes
reflected compliance with Florida law. He gave an overview of the changes, and
explained that Section 546.09, Florida Statutes, allows for patrons of restaurants
licensed to sell wine on premises to remove one unsealed bottle of wine for consumption
off the premises if certain requirements are met; Sections 561.421 and 561.422, Florida
Statutes, allow for the temporary issuance of permits for on-premises consumption of
alcoholic beverages for convention halls, coliseums, and similar type buildings, as well
as, for certain non-profit civic organizations. The Board members reviewed the
proposed ordinance and made a few minor changes to the text. Ed Liquori, owner of
Tip-A-Few Tavern, gave an overview of his understanding of the ordinance.
Motion by John Fredrickson, seconded by John Johanson, to recommend approval of
Ordinance 03-2006 to the City Council with the noted corrections. Vote on the motion
carried unanimously.
4. Recommendation to City Council Re: Ordinance 04-2006, Amendinq the C-1
District Clarifyinq the Minimum Number of Required Hotel Units - Anthony
Garoanese. City Attorney.
Anthony Garganese, City Attorney, gave an overview of the proposed changes. He
advised that the purpose of the ordinance was to clarify the minimum number of hotel
units. He explained that presently an owner is required to have a minimum of 150 hotel
or motel units with a minimum of 5 acres. The proposed change is for clarification
purposes only. The Board members reviewed the proposed ordinance. Discussion
followed.
Motion by Donald Dunn, seconded by Harry' Pearson, to recommend appmval of
Ordinance 04-2006 to the City Council, as presented. Vote on the motion carried
unanimously.
Planning & Zoning Board
Meeting Minutes
May 10, 2006
Page 3
5. Recommendation to City Council Re: Ordinance 05-2006, Amendinq the
Certificate of Occupancy Requlations for Clarification - Anthony Garqanese, City
Attorney.
Anthony Garganese, City Attorney, outlined the proposed changes. He explained that a
Certificate of Occupancy will be required for a change of any existing occupancy in
compliance with the existing Florida Building code. Brief discussion followed.
Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of
Ordinance 05-2006, as presented. Vote on the motion carried unanimously.
6. Recommendation to.Citv CouncilRe: Amendinqthe SiqnOrdinance..:Anthonv
Garqanese, City Attorney.
Anthony Garganese, City Attorney, outlined the proposed changes. He explained that
the purpose of the sign code is to regulate the number, size, type, use, design,
construction, and location of signs within the City. These regulations are established in
order to promote the overall economic well-being of the City, while at the same time
providing for the health, safety, and welfare of the public by reducing the adverse effects
of signs on safety, property values, traffic, and the enjoyment of the scenic beauty of the
City. He further explained that the regulations are intended to avoid excessive
competition and clutter among sign displays in the demand for public attention, eliminate
dangerous, dilapidated, and unsightly signs and provide for adequate maintenance and
inspection of signs within the corporate limits of the City, consistent with constitutional
guarantees and while providing for adequate opportunities for effective means of
communication. Todd Morley, Building Official, outlined staff's proposed changes and
deletions to assist with enforcement. The Board members reviewed the proposed
ordinance. Roseanne Scirotta, and Thomas Wichlacz, local business owners, voiced
their concerns regarding the City not allowing them to place 2 X 2 temporary signs on
their properties. Discussion followed regarding code enforcement. T odd Morley,
Building Official, advised that the code enforcement officer makes an attempt to return
the sign(s) to the violator. If unsuccessful, she places the sign(s) by the dumpster
behind the Sheriff's department. Discussion followed. Ed Liquori, owner of Tip a Few
Tavern, explained what the code allows for temporary signs. He advised that business
owners need to be educated on what signs are allowed at the time they apply for an
occupational license. Roger Dobson, business owner, advised that 10 days to repair a
damaged sign is not sufficient. He suggested that the code be updated to address
properties with out parcel(s). The Board held discussion regarding some of the
suggestions presented by staff and the public. Following discussion, the City Attorney
and Building Official agreed to update the proposed draft based on the comments and
suggestions, and present a new draft to the Board prior to recommendation to City
Council.
Planning & Zoning Board
Meeting Minutes
May 10, 2006
Page 4
There being no further business, the meeting was adjourned at 10:05 p.m.
Bea McNeely, Chairperson
Susan L. Chapman, Secretary
lVleeting Type: Planning & Zoning
Meeting Date: 5/24/06
AGENDA
Heading Final Replat
Item #2
No.
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANAVERAL
SUBJECT: Beroja Palms Townhomes Final Replat
DEPT./DIVISION: Building Department
Action:
Beroja Palms Townhomes.
Summary Explanation & Background:
This request is for a final replat of lot 7, Block 70 of Avon By The Sea to be 2 lots on Lincoln Avenue.
Exhibits Attached:
1) Application by applicant
2) Site report by staff
3) Staff review comments
4) The Final Replat drawing
Building Official's Office Department
@
.
APPLICATION FOR PLAT REVIEW
DATE OF SUBiVIITTAL: ~ I Lll) h
(NOTE: SUB:lYIITT AL lYfUST BE SUBMITTED A lYfIj',ThIUM OF 30 DAYS PRIOR TO
TIlE PLM.1\'ING & ZONING MEETING; PLAT l'vIUST lYIEET THE REQlTIREwIENTS
OF SECTION 98-41 THROUGH 98-62).
IS THIS A PRELITvIINARY PLAT, RE-PLAT, ORFJNAL PLAT?r: ~1~
I '--
'. . \/l::-Y&I
A:.\IOTJNT OF FILJJ.\'G FEE PAID: $ . . (0 I .I'
ASIOUNTUFEgGffiERlNG DEPOSIT PAID: S .
. ..............J?llEy~~...<:;::QJ:I1iIX,. GEQGRA:PH+C...RESEARCH..Drv:ISION..APPRd:VE..lliE,,~.. '__"'~"~'_"_'_'
REQUEST FOR STREET NMIE, IF APPLICABLE? (NOTE: THIS l'x"EEDS TO BE
'UOj';('EPRIORTO SUB~IITTAL). YES _ NO ~ N.A.
" ~
~,l ' <'f p. r\. '.
PROJECT NA.c"IE: r::xul..b",. ~,
PROJECT ADDRESS: ~d-~-Y ::tl~~.uN~~ QJv~
LEGALDESCRIPTION:~~~ 'l1~~b1)~~~~~~'LPMik3~q
mV?\"ER(S) NA-"IE: ~J.~ ~
O\V'N'ER(S) ADDRESS: ? () -l<'')'p )-t'\ '?, ~-'\9JnuJvUJI) 1.11 Cj')JJS
PROJECT ARCHITECT/EL~G~"EER: C., ~.9~ C?\u 5Vt
mONE NO. OF ARcmTECT~JER: ~. ,
APPLICA1'lT(S) SIGNATURE: Q]) , .
OyV~""ERJAGENT _
...PHO:N'"ENUMBER OF O\V:NtRJAGENl:=.!:}~5-{Jlyu{:')~"-'-''''-'-- --.-.. ..---. . -... "'-'-
4 .. ".
C0
-............... "'-"'..... "-".L...L.L. JL..J '-..L..L..L'VL..L rA-J..L"-l.l..A-I
PREU~;ARY PLAT~LAT & FINAL PLAT RECEIPT
Project Name: ,..J QJl._,O-"^))~k.; f~-
.. . a
RESIDENTIAL:
1,2 & 3 Residential Units .............................................TOTA~3;5Q).
Total # of Units?
(4) or more Residential Units $50.00 (1st (4) Units), $50.00
Plus Units @ $7.50 per unit
$150 per acre of land, or portion thereof..
Acres X $150 TOTAL:...............$......
SITE PLAN EXTENSION: ... ....... ...... ........... .................... ... TOTAL:. .......... .....$150.00
SITE PLAN RESUBMISSION: 50% of original fee.........TOTAL:..............$
-------------------------------------~---------------------
-----------------------------------------------------------
DEPOSIT TOWARDS REVIEW FEES:
RESIDENTIAL: 1- 4 Units..................~
Over 4 Units.................:~O
COMMERCIAL: Up to 4 Acres.................$I,500.00
Over 4 up to 8 Acres.....$2,OOO.00
Over 8 Acres..................$3,OOO.00
Total Acres:
I)
0 <:)
,
f"-\.f)
IV} '" Office Use Only: Escrow Account # 1-202.2400
r--
-----------------------------------------------------------
-----------------------------------------------------------
r- TOTAL REVIEW DEPOSIT RECEIVED: $
k> ~ TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $
~.
"> PAID RECEIPT NO. DATE RECV'D
---t__ ,.,..""'" .
-5;;"~ S$A slct\oG. @
ADe.OD
""'"u...... I r"o..:J
"oJ'" <oJ ....,.U ~
----". - _. -
April 25, 2006
TO: City of Cape Canaveral, Florida
FROM: Owners of Beroja Palms Townhomes
223/225 Lincoln Avenue
Cape Canaveral, Florida 32920
RE: Easement Access to Property
The OWnen of Beroja p...... T""Dhom~gives theCity-orcape-c-llWlVera!, Florida,
"'- ___mn__n__'m__ _ I
permission(oraccess/easement/right_of_way to utilities on said property as needed.
All inquiries related to this permission are to be directed to the owners:
223 Lincoln Avenue 225 Lincoln Avenue
Joseph and/or Andrea Marine Robert and/or Rebecca Griffith
(812) 537-2048 (S12l 9-2711
~~
(Autborized Signature)
cc: Owners
File
f
----- - -~--~~_... -...- -...._ ___ IL-f'...... ......c:.
April 25, 2006
TO: of Cape Canaveral, Florida
FROM: ers of Beroja Palms Townhomes
225 Lincoln Avenue
e Canaveral, Florida 32920
RE:
The ()wllersof ~~ oj~:I'llIIllS!()'!IlI1()Ill~ gi\'~tl1~c::ity4)fC~p~ <=:~I1~YeI"2l1,Florida,
_._...n_n_..._____..w._.__~..__._n.._.._._...____m..._..___._."."._ __..__nm_....__...._.__ i i
permission for ac essfeasement/right-of-way to utilities on said property as needed. I
to this permission are to be directed to the owners:
223 Lincoln A ven 225 Lincoln Avenue
Joseph and/or ~ Robert and/or Rebecca Griffith
(812) 537-2048 (812} 39-2711
/~
// L
ec: Owners
File
!
@
City of Cape Canaveral
Beroja Palms
Replat
Location: Range: 37 Township: 24 Section: 23
Proposed Amendment Acreage: 0.15+1- Acres
Permitted 15 DU acre: 2 residential
R-2 Residential
Proposed Number of 2
Proposed Density: 14.28 DUlAC
Current Future Land Use: R-2 Residential
Current Zoning: R-2 Residential
Description:
The applicant proposes to build two (2), two story townhome units on a 0.15 acre lot.
The subject site is located south of Lincoln Avenue and west of Orange Avenue.
North South East West
Zoning R-2 Residential R-2 Residential R-2 Residential R-2 Residential
Comp Plan R-2 Residential R-2 Residential R-2 Residential R-2 Residential
Existing Multi Family Single Family Multi Family Single Family
Conditions Residential Residential Residential Residential
Townhome Requirements: Required Provided
Minimum Lot Area 6,250 sq. ft. 6,383.5 sq. ft.
Minimum Lot Area 1,600 sq. ft. 3,187.5 sq. ft.
Minimum Lot Width 20 feet 25 feet
Minimum Lot depth 70 feet 127.58 feet
Public Services and Facilities in Amendment Area:
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, 2004 was 9,807. This is still adequate park space available.
/,~
(!!!)
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 325 excess trips. If developed completely as residential, the site
could generate I or 2 peak hour 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 amount the project could generate is 600 gallons.
However, 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 amount of water needed for this project is 700 gallons per day.
. There. is.adequatepotable water service available with the proposed change;
Brevard County provides facilities for solid waste disposaL At this time, the Gounty.
I
does not foresee any deficiency with their solid waste facilities. I
Environmental Description of Amendment Area:
The site is a Galveston-Urban land complex (GA) soil type. The soils in this complex are
well-drained Galveston sand and sandy soils that consist of reworked and leveled sandy
materials that resemble Galveston sand. 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:
The average household size is 2.37 persons. The two units will probably accommodate 4
to 6 new persons.
/:\
UV
Memorandum
To: Todd Morley, Building Official
From: Todd Peetz, City Planner
Date: May 16, 2006
Re: Beroja Palms Final Replat
Lhave..reviewedtheBerojaPalms....FinaIReplatandhave...no..eomrnents....at.....
this time.
r
\ If you have any questions, or need further information please feel free to
contact me at 407-629-8880.
-~
(fl)
~ u5""' ~ Vi .L
T odd Peetz
From: John Cunningham [jcunningham@ccvfd.org]
Sent: Thursday, May 11, 2006 1 :50 PM
To: Todd Peetz
Subject: Re: Beroja Palms Final Replat
Todd,
I have reviewed the plans and have no comments at this time.
t
!
5/17/2006 @
MEMORANDUM
TO: Todd Morley, CBO
Building Official
FROM: Ed Gardulski
Public Works Director
RE: Replat
Beroja Palms
I,
I
The Public Works Department has reviewed the Replat of the above project and
does not have any comments or concerns:
(jf)
STOHLER PAGE 03
05/08/2005 20:49 321-783-7055
SSA
May 9,2006
Mr. Todd Peetz
Miller-Legg & Associates
631 South Orlando Avenue
Suite.20D
Winter Park, FL 32789
I,
RE: Final Plat Review- Beroja Palms Townhomes _ Review #1'
SSAJob No. 05.0025, Task 026~1003
Dear Mr. Peetz:
SSA has reviewed the submitted final plat for the I3bo~e referenced project. Based on
our review, SSA recommends said plattor 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.
DRJ:jls
CC: Susan L. Chapman
City Engineer's Review Fee For Review #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 wiJJ be billed at $95.00 per hour.
STO'ITIER STAGG & ASSOCIATEs ARCHITECTS ENGINEERS PlANNERS, INC. @)
8680 North Atlantic Avenue P. 0, Box 1630 Cape Canaveral, Florida 32920 Tel 321.783-1320 Fax 321.783-7065
u:uoan soJlorivalci"Ji!lrnjecf,l",p'\>beroja plnms tcwnhom,s /in.1 P~~~OOO329 #E80000762 I!LBOOO6700