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HomeMy WebLinkAboutP & Z Board Packet July 25, 2007 City of Cape Canaveral PLANNING & ZONING BOARD REGULAR MEETING CITY HALL ANNEX 111 POLK AVENUE JUL Y 25, 2007 AGENDA 7:30 P.M. Call to Order Roll Call NEW BUSINESS 1. Approval of Meeting Minutes: June 27, 2007. 2. Recommendation to City Council Re: Villa Cielo - Final Replat - Section 23, Township 24 South, Range 37 East, Replat of Lots 7 & 8, Block 15, Avon by the Sea Subdivision (8019, 8023, 8027, and 8031 Magnolia Avenue) - John Butler, Applicant. 3. Recommendation to City Council Re: Villagio Del Mar, Unit 2, Preliminary Replat, Section 23, Township 24 South, Range 37 East, Replat of Lots 6, 7 & 8, Block 6, lwon by the Sea Subdivision - James E. Morgan, Applicant 4. Recommendation to City Council Re: Easement Vacation -Official Record Book 1019, Page 0086, Vacating a Sewer Easement in the Mermaid Key Project - Walter Bandish, Acting Public Works Director. 5. Recommendation to City Council Re: Code Amendment - Section 110- 491, Provided Number of Parking Spaces. 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 or 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 JUNE 27, 2007 A Regular Meeting of the Planning & Zoning Board was held on June 27, 2007, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Ronald Friedman 2nd Alternate MEMBERS ABSENT Harry Pearson John Johanson 1 st Alternate OTHERS PRESENT Rocky Randels Mayor Robert Hoog Mayor Pro T em Shannon Roberts Council Member Bennett Boucher City Manager Anthony Garganese City Attorney Todd Peetz City Planner Susan Chapman Secretary NEVil BUSINESS 1. A ,r r 1 ,. r r' M ~~ "'~~- pproval 01 veennq v Inutes: . ay L;;. LUUf. Motion by Bea McNeely, seconded by Lamar Russel!, to approve the meeting minutes of May 23,2007. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Mermaid Kev North and South Site Plan - Martin Greene, Applicant. Todd Peetz, City Planner, reported that the applicant was proposing to build 140 condominium units (108 units on the north parcel and 32 units on the south parcel); and 25,776 sq. ft. of office, retail, and restaurant space, on two parcels, totaling approximately 11.11 acres; the maximum proposed height for the structures is 45 ft.; the site is located south of Thurm Blvd., and west of Astronaut Blvd. He gave statistics on the project impacts to public services and facilities including: parks, recreation, traffic, wastewater, water, solid waste, environmental, historical, archaeological, and population projections. Planning & Zoning Board Meeting Minutes June 27, 2007 Page 2 Mr. Peetz noted that the submitted traffic study was reviewed by the city's traffic consultants, Luke Transportation. Ron Friedman advised that the City Planner needed to change the level-of-service for traffic on A 1A from level "A" to "0" in his written report. Mr. Peetz read the project comments from the city staff. The Board members reviewed the submitted Site Plan. Discussion followed. Martin Greene, Developer, advised that the project aesthetics were approved by the Community Appearance Board approximately three months ago; the project would be developed in four phases; the order of the phases would be dictated by the market; two buildings at a time would be constructed starting with buildings one and seven, as depicted on the site plan; landscaping would be completed during the first phase. Mr. Greene shovved the Board members and audience colored architectural renderings of the entire proposed development. He noted that the project would be a gated community, with various access points; and the landscaping mitigation exceeded minimum city requirements. Discussion followed. During discussion, it was noted that the developer may need a Unity of Title Agreement to join the properties; and the city attorney advised that the sewer easements would need to be vacated and approved by the City. Motion by John Fredrickson, seconded by Donald Dunn, to recommend approval of the Mermaid Key North and South Site Pian to City Council, with the following conditions: 1. The sewer line from the south commercial building needs an easement; and the sewer line needs to be relocated to save a 20" tree. 2. The lift station pump sequence shall be changed so an alarm is activated if the liquid level rises above the iead pump "on" level and before the liquid level reaches the lag pump "on" level. 3. The north and south fountain details shall be redesigned, because the present 18" dimensions are incorrect. 4. Provisions shall be made for recycling containers at each dumpster site. 5. A lighting plan for the streets and sidewalks shall be submitted and approved by the city. 6. A shared parking easement on the north parcel shall be approved by the City. 7. Cross access easements shall be provided on the north and south parcels. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes June 27,2007 Page 3 3. Recommendation to City Council Re: Caribbean Vistas Site Plan - James E. Morqan, Applicant. Todd Peetz, City Planner, reported that the applicant was proposing to replat lots located at 420 Madison Avenue; the replat would result in four lots created out of the existing ones; all lots will front on Poinsetta Avenue; the property is located north of and adjacent to Madison Avenue, and east of and adjacent to Poinsetta Avenue. He gave statistics on the project impacts to public services and facilities including: parks, recreation, traffic, wastewater, water, solid waste, environmental, historical, archaeological, and population projections. He advised that staff reviewed the submitted Preliminary Replat and did not have any comments. Tho Rr'\':lrn memhC\..~ ..o":,.....,,...,..j th,... D~~I:~:_-_. n_~!~L Discussion . ,,'-' ......vu U III lIiiJ,-,'<:) ',-,V,c;VVt:lU IIC i IClllilllicllY l\.~j.iIGH. followed regarding: drainage; a dry retention area; green space between the driveways; and soil around the trees. Motion by Lamar Russell, seconded by John Fredrickson, to recommend approval of the Caribbean Vistas Site Plan to City Council, with the following conditions: 1. Assure that the front sump pump is consistent with the water retention calculations. 2. Correct the site plan to show that the sidewalks are not a grassy area. 3. If d!\j detention is intended, then drainage engineering shall be provided; if "dry detention" is not intended, change the \^!ording on the site plan to "retention area". 4. Re~examine the soil elevation around the trees on the east side. (The developer may need to hand grade around the trees). Vote on the motion carried unanimously. 4. Discussion Re: Evaluation and Appraisal Report - Section 1. Todd Peetz, City Planner, advised that the issues to be discussed in Section 1 of the Evaluation and Appraisal Report (EAR) include the data and analysis updates of the current Comprehensive Plan. He noted that the updates included new information to keep the plan current. The Board members reviewed Section 1. Discussion followed. Planning & Zoning Board Meeting Minutes June 27, 2007 Page 4 The Board members suggested that a summary explanation and background of the goals and objectives be written because they were vague; measurable objectives should be created; and concurrency for schools needed to be created and implemented starting next year. Discussion was held regarding traffic concurrency. Mr. Peetz advised that transportation on A 1 A was at 92% capacity. Various grammatical errors were brought to Mr. Peetz attention. Following discussion, Mr. Peetz welcomed any further comments from the Board. 5. Recommendation to City Council Re: Completed Evaluation and Annr~:dc,;:,1 Ran.....rt ; "..........i1 '-"iH..n..U I "'......~Vl... Todd Peetz, City Planner, advised that the goal was to send the completed Evaluation and Appraisal Report to the Department of Community Affairs in August. Discussion was held regarding the objectives and policies being updated. Mr. Peetz advised that he would ask the City Manager to schedule workshops with the City Council to review the completed report He recommended that the entire report be forwarded to City Council for review. Brief discussion followed. Motion by Bea McNeely, seconded by Donald Dunn, to recommend the review of the Evaluation and Appraisal Report to the City Council. Vote on the motion carried unanimously. There being no further business the meeting was adjourned at 9:38 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary Meeting Type: Planning & Zoning Meeting Date: 7/25/07 AGENDA Heading Final Replat Item #2 No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Villa Cielo Final Replat DEPT./DIVISION: Building Department I ~<q.U"'t"dACHon' '. ..... .. . ~. .. . I KevJew and recommend to CIty council the proposed tmal replat for VIlla CJelo fownhomes. Summary Explanation & Background: I I ~~is reques~ is for.a prel.iminary replat of l~ts 7, and 8, bloc~ 15 of Section 23, Township 24 south Range 37 East, Av?n-by-the-Sea. I 1ne replat IS located on tne south SIde of Jefferson and west of MagnolIa Avenue. I I ! Exhibits Attached: 1) Application by applicant 2) Site report by staff 3) Staff review comments 4) The preliminary replat drawing Building Official's Office Department City of Cape Canaveral Site Plan Villa Cielo Applicant: James Morgan, initial applicant John Butler, current applicant Location: Range: 37 Township: 23 Section: 24 Proposed Amendment Acreage: 0.28 +1- Acres Permitted 15 DU per acre: 4 residential Proposed Number of Units: 4 Proposed Density: 14.28 DUlAC Current Future Land Use: R-2 Residential Current Zoning: R-2 Residential Description; The applicant proposes to build four (4), two story townhome units on a 0.28 acre lot. The subject site is located on the northwest quadrant of Magnolia Avenue and Jefferson 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 Single Family Single Family Single Family Multi Family Conditions Residential Residential Residential Residential 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 stili 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 3 to 4 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 1,000 to 1,200 gallons per day. 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 proj ect is 1,200 to 1,400 gallons per day. 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 \vith their solid \vaste facilities. Environmental Description of Amendment Area: The site is Palm Beach sand soil type. Palm Beach soils are sandy and moderately drained soils that are nearly level. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Jolms 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 potential addition is unknown at this time. However it probably v,rould not exceed 10 - - - persons based on the maximum number of residential units. Page 1 of 1 Jim Ford, CFA Brevard County Proeerty, Appraiser.. Map Search http://www.brevardpropertyappraiser.com/scripts/esrimap.dll ?name=Brevardl &id=200707... 7/18/2007 Page 1 of 1 "'iffl I;; Qr Q~ Q.FA !l;,,~v~~d Qo:~n.)! t1rQ.e..rt~ A..p.er~i$EU .. ~aRr $:~c:t.I'Q:b 7 1 3.01 1.01 .0 5 .0 6 7 15 9 1 0 11.01 15 9 1 O~ 12 14 1 5 EFFERS AV I Il~rT 8 1 2 4 5.0 I!l 1 2 3 4 5 6 7 16 9 10 11 12 1 2 15 9 10 1 2 13 15 I ~ I I I I I I J..---..J I.l G ,2, 3 ,5,6, 7 I ,1, ,7" ~ 1~U I ~ 1~~ 1~ ~I~,I~ 2.01 l http://www . brevardpropertyappraiser.comJ scripts/ esrimap. dB ?name= Brevard 1 &id=2007 07... 7/18/2007 07/08/2007 23:59 321-783-7055 STOHLER PAGE 02 SSA July 9, 2007 Mr. Todd Peetz ; E C py i Planning Partnerships, Inc. 3585 Murrell Road Suite A Rockledge, FL 32955 RE: Final Plat Review - Villa Cielo - Review #3 SSA Job No. 05-0025, Task 053-1003 Dear Mr. Peetz: SSA has reviewed the submitted final plat for the above referenced project. Based on our review, ssA recommends said plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this Jetter, please do not hesitate to call. (~~ '- "- _ \ r\ \ ""--__'" ..0..---..... ,,! \.,. ~ David Roy ~es, P M Chief Surve or DRJ:jls cc: Susan L Chapman City Engineer's Review Fee For Review #3 = $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. STOTILER SfAGG & ASSOCIA1ES ARCHITECTS ENGINEERS PlANNERS, INC. llsao North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida. 32920 Tel 321-783-1320 Fax 321-783-7065 Lie. IIAAC000329 ilEBOOOO762 tLB0006700 j:\Civillprojeotsloape\2007\I.villa clelo final pial review 3.d,o MEMORANDUM TO: T odd Peetz City Planner FROM: Jeff Ratliff Stormwater Administrator City of Cape Canaveral 868-1240 DATE: 06/25/07 RE: Final Replat Villa Cielo Public Works staff has reviewed the referenced final replat and have no comments or concerns. The proposed final replat does not vacate any existing easements. Page 1 of 1 Todd Peetz From: John Cunningham Ocunningham@ccvfd.org] Sent: Monday, June 11, 2007 11 :38 AM To: Todd Peetz Subject: Re:Villa Cielo Townhomes Todd, We have review the replat and have no comments at this time Under Florida Statute 668.6076, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. This message contains information which may be privileged, confidential, or otherwise protected from disclosure and is intended only for the individual(s) named. If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender by reply e- mail and destroy the original message and all copies. Messages sent to and from us may be monitored. (v. Ie) 7/18/2007 Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: June 22, 2007 Re: Villa Cielo Preliminary Replat Review I have reviewed the Villa Cielo Preliminary Replat and have no comments. If you have any questions, or need further information please feel free to contact me at 407-629-8880. Meeting Type: Planning & Zoning Meeting Date: 7/25/07 AGENDA Heading Preliminary Replat Item #3 No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Villagio Del Mar II Preliminary Replat DEPT.IDIVISION: Building Department I Requ.,ted A,tion: I Review and recommend to CIty CounCIl the proposed prelImmary replat tor VillaglO Del Mar II Townhomes. Summary Explanation & Background: This request is for a preliminary replat of lots 6, 7, and 8, block 6 of Section 23, Township 24 south Range 37 East, A von-by-the-Sea. The replat IS located on the east side of Ridgewood north of Adams A venue. I ! Exhibits Attached: 1) Application by applicant 2) Site report by staff 3) Staff review comments 4) The preliminary replat drawing Building Official's Office Department City of Cape Canaveral Preliminary Re Plat ViII agio Del Mar II Applicant: W3 Developments Location: Section: 23 Township: 24S Range: 37E Proposed Amendment Acreage: 0.43 +1- Acres Permitted 15 DU per acre: 6 residential maximum whole site R - 3 Residential Proposed Number of Units: 5 Proposed Density: 12 DUlAC Current Future Land Use: R - 3 Residential Current Zoning: R - 3 Residential Description: The applicant proposes to build five (5), townhome units on a 0.43 acre lot. The subject site is located east of Ridgewood Avenue and north of Adams Avenue. ! ! 1\.1 l"),r{h I .. I D__~.... I Zoning , ~:~; iesidential I South ! Ldbt I vveSl I R ""\T'\ __1_, 1 R 3 Rec..-1~-+.~l R .., nce-de--.__1 -L J:<,e~;IQennal '\...- '-~lUC;-l1lUU ,-.J 1',CM CHLlal Camp Plan PUB Public R-3 Residential R-3 Residential R-2 Residential Recreation Existing Open Space / Multi Family Multi Family Single Family ! Conditions undeveloped Residential I Residential Residential I (Villagio Del Mar I) 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, 2005 was 10,034. This is still adequate park space available. Ridgewood is operating at Level of Service "A" with 599 available peak hour trips. If developed completely as residential, the site could generate 2 to 3 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 900 gallons per day. 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 900 gallons per day. 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 is a Palm Beach Sand (PB) soil type. This is a nearly level and gently sloping excessively drained soil on dune-like ridges that roughly parallel the Atlantic Ocean. It consists of mixed sand and shell fragments. Slopes are mostly 2 to 5 percent. 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 Amendrnent Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 per household. The anticipated population increase would be between 11 to 12 new persons. Page 1 of 1 J 1m Ford,. CFA Brevard County: Property: Appraiser., Map Search http://www.brevardpropertyappraiser.com/scripts/esrimap.dll ?name=Brevardl &id=200707... 7/18/2007 Page 1 of 1 "i~! fQIiQ",. Qz!. EJ:..e\(~rc;l.i q'Qunt~ PrQ,~r;t~ "ppr~i.$QI7 .. NI~p/ s.Q~~<;:l1 7 8 6 1 5 2 1 1.01 3 4 567 1.01 ;1 ~ AA 7 !j ;,).Vl / .. l' 8 10 12 1.11 ! http://www. brevardpropertyappraiser.com/scripts/esrimap.dll ?name=Brevard 1 &id=200707... 7/1812007 07/18/2007 131: 04 321-783-7055 STOHLER PAGE 02 SSA July 18, 2007 Mr. Todd Peetz Miller-Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Preliminary Plat Review - Villagio Del Mar Unit 2 - Review #2 SSA Job No. 05-0025, Task 052-1003 Dear Mr. Peetz: SSA has reviewed the submitted preliminary plat for the above referenced project Based on our review, and the minor drafting of corners for Lot 4 being put on the lot line, '-'Ie recommend this preliminary plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. i3..__~__I__ ~mcen:HY , die /4 t1- John A. Pekar, PE City Engineer City Engineer's Review Fee For Review #2 - N/A 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. '- ./ STOTI1..ER STAGG & ASSOCIA1ES ARCHITECTS ENGINEERS PlANNERS, INC. 8680 North Atlantic Avenue P. O. Box 163!) Cape Canaveral, Florida 32920 Tel 321.783-132!) Fax 321-783-7065 j:\civ~\prol'cls\tape\2007'J-villaglD del mar un~ 2 pre plat review 2.do<: Lie. #AACOOO329 #EB0000762 #LB0006700 MEMORANDUM TO: Todd Peetz City Planner FROM: Jeff Ratliff Stormwater Administrator City of Cape Canaveral 868-1240 DATE: 06/05/07 RE: Preliminary Replat Villagio del Mar II Public Works statfhas reviewed the referenced preliminary replat and have no comments or concerns. The proposed preliminary replat does not vacate any existing easements. Page 1 of 1 Todd Peetz _.._--~.. --~-~-_. --_. From: John Cunningham Ucunningham@ccvfd.org] Sent: Monday, June 11, 2007 11 :43 AM To: Todd Peetz Subject: Re: Villagro Del Mar Todd, We have reviewed the preliminary replat and have no comments at this time Under Florida Statute 668.6076, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. This message contains information which may be privileged, confidential, or otherwise protected from disclosure and is intended only for the individual(s) named. If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender by reply e- mail and destroy the original message and all copies. Messages sent to and from us may be monitored. (v.le) 7/10/2007 Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: June 27, 2007 Re: Villagio Del Mar II Preliminary Replat Review I have reviewed the Villagio Del Mar II Preliminary Replat and have no comments at this time. If you have any questions, or need further information please feel free to contact me at 407-629-8880. Meeting Type: Planning & Zoning Board Meeting Date: 7/25/07 AGENDA Heading Easement Vacation Item #4 No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE-CANAVERAL SUBJECT: Easement Vacation Official Record Book 1019, Page 0086, Vacating a Sewer Easement in the Mermaid Key Project. DEPT./DIVISION: Building Department I Requested Action: I Consider and make a recommendation to the City Council for approvaVdenia1 of a easement vacation as part of the Mermaid Key project. I I ! SUItI'!1ary Explanation 8, Background: . I I This is a request from the Public Works Acting Director to vacate the existing sewer easement. This will allow the new sewer easement agreement to move forward as part of the Mermaid Key project. Exhibits Attached: # 1 Memorandum and related information provided. City Planner's Office Department: Building Department MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Walter Bandish Acting Public Works Director DATE: June 4th, 2007 RE: P&Z Agenda Item June 13th, 2007 Easement Vacation Official Record Book 1019, Page 0086, I reviewed the recorded Easements of Record Book 1019, Page 0086 Lying in Section 15, Township 24 South, Range37 East, City of Cape Canaveral, Brevard County, Florida, being that portion of a 10.00 foot wide sewer easement in favor of the City of Cape Canaveral described as Easement "D" recorded in O. R. Book 1019, Page 0086 of the Public Records of Brevard County,Florida which lies northerly of the northerly lines of the 50.00 foot wide drainage easements described in O. R. Bool~ 0937, Page 0850 and O. R. Bool( 0979, Page0289 and southerly of the southerly lines of the 60.00 foot wide ingress-egress and public utilities easement known as Thrum Boulevard recorded in O. R. Book2280, Page 2332, O.R. Book 2473, and Book 2584, Page 2796,all as recorded in the Public Recordeds of Brevard County, Florida. This 10.00 Easement is located within the final phase of construction of Greene International Real Estate Co. Therefore, Staff recommends the Vacation of this Partial Easement "D" of the O.R. Book 1019, Page 0086 and relocate it West according to the Plat attached. Attachments - "\ (t4) ~ NOTE: SEE SHEET 2 OF 2 FOR NOTES, LEGAL DESCRIPTION AND CERTIFICATION. LEGEND: O.R.B. OFFICIAL RECORDS BOOK P.B. PLA T BOOK PG. PAGE a;- ...- TAX PARCEL 761 0 0 Cl 0- n I l' TAX PARCEL ...- TAX PARCEL 753.1 N 759 I m1=' I- z n::z w Ow ::;; ~Q w (/) (/) <( NORTH PARCEL <D<( w ~ ~= LOCATION OF NEW EASEMENT I OJ w l' 0 N(/) n:: I w <( _= EXISTING EASEMENT "0" OF ~~ > w t7 0"'-'; ....J O.R.B. 1019, PG. 0086 :::J ro 0 ~l{)u m N- LINE TABLE -<m a5 ::;; 11--0 n:: LINE NO. BEARING DISTANCE >n:::::J :::J 0'0 0D- I L1 N3T20'33"W 187.28 0 I a/!] w ..~ I- lrj L2 N3T35'24"E 119.32 co I 1/)0 -..J;;j (/) LL "-.JO ~n(/) 0 L3 N3T21'10"W 33.18 5f5? 0Q ~NW w L4 N52'41'36"E 10.00 ~'-'- / 13!:)' Oci~ Z :::J L5 S3T21'10"E 40.29 ~'" '<'" mO-,\, I L6 S33'35'24"W 119.32 a;;{Ol I~o '(/) I- ' a co '<. o(/) :::J a '" I UcQJ :2row 0 L7 S3T20'33"E 260.27 aQJa all::' No:: ~NG (/) L8 N89'08'12"E 140.34 a'Uce> "-.Jo' lrjOQ "-.J~/fjUc m~ L9 S3T21'10"E 53.00 f5 fJ5 ",' ::J gs w V !-~ if: In:: 9 L10 S66'49'30"W 10.31 Q_ f'>.." r-w:5: L11 N3T21'10"W 45.43 ~ f:2 (!] "- a 0-, L12 S89'08'12"W 140.34 -..J<:QJ a cj 0 iS~~ OW '0 <('~ L13 N3T20'33"W 85.15 ( , I 0 Ucb/~ i{ n:: fl.'< <: <t" 0:: "-'''l: Q- ~ ~.. 0 l- V; ..<.. Q - ,-v 10.0 FT. WIDE PORTION )- OF EASEMENT "0" '/ I G.K,B. 1019, PG. 0086 , /-\' '-. I ''-.( " ) ,,() 1;'0 ~o() :!: 0 cJ Q.Cy C\~ m / ~ / <V'<~O;' ~0- 0 ':i '- 6-~ 0- a.. / '- .<.. <0' K c:Y<{) 0; '- <{- <{-' 0 . u:; / / / / / Q.'<'o''<'' '<Q.u N t./ / '\ ,<-V .<.. Q.v ,} ~ /fJ'&' o Q. ,,'0 ...-- ~'<~<i:7 v () t- ~<O' 0 ~'(-.\. .j5 Q. . 0 N <0'<' -0 t: POINT -OF -COMMENCEMENT _CY <0 v 0; S.L CORNER OF THE PLAT OF 3 "DISCOVERY SAY" PER P .B. 40, PG. 23 1 RE\t1SED LOCATION OF NEW ESM'T. - RKB/MPC '0 ~ REVISlONS 'l' Sec.: 15 A SKETCH AND DESCRIPTION PREPARED FOR: Date: 04/17/07 10 0 GREENE INTERNATIONAL REAL ESTATE lO Scale: 1"=100' OJ Twp.:24 South C') C') >. Rng.: 37 East BREVARD COUNTY FLORIDA P. N. : 339505 Q) ~ Dsn. by:N/A Sheet No. ::l ~ Jlussen. mayer Engineering Group ~ CfJ 1 '" DrIl. by ; RKB ~ ......... ... - ... ..................... -.......................... ....... - .. ... ... 1.\ -. I rn y 100 PARNELL STREET . MERRITT ISLAND. FLORIDA 32953 T\ 2 c PH. NO.: (321) 453-0010 FAX NO.: (321) 454-6885 (1~ .~ Chk by : MPC CIl 9 SU R VEY DEPT. N ~ Description: 10.00 ft. Wide San itary Sewer Easement at the "Revised North Parcel" A strip of land 10.00 feet wide, by right angle measure, lying in Government Lot 4 of Section 15, Township 24 South, Range 37 East, Brevard County, Florida; said sub ject parcel being more fully described as follows; Commence at the southeast corner of the plat of "Discovery Bay" as recorded in Plot Book 40, Page 23 of the Public Records of Brevard County, Florida; thence along the easterly line of said plot the following two (2) courses; N.00'31'28"E., a distance of 195.46 feet to the Point-of-Beginning af the lands herein described; N.3T20'33"W., a distance of 187.28 feet; thence departing said easterly line, N. 3S35'24"E., a distance of 119.32 feet; thence N.31'21'10"W., 0 distance of 33.18 feet to the south line of the 60.00 foot wide ingress-egress and public utility easements know os Thurm Boulevard recorded in O.R. Book 2280, Page 2332, O.R. Book 2473, Page 0049 and O.R. Book 2584, Page 2796, all as recorded in said Public Records; thence N.52"41'36"E., along said south line, a distance of 10.00 feet; thence deporting said south line, S. 31'21'1O"E., a distance of 40.29 feet; thence S.3S35'24"W., a distance af 119.32 feet; thence S.31'ZO'33"E.. parallel with and 10.00 feet easterly, by right angle measure, of said easterly line of the plot of "Discovery Boy", a distance of 260.Z7 feet; thence N.89'08'lZ"E., a distance of 140.34 feet; thence S.31'Z1'10"E., a distance of 53.00 feet to the northerly lines of the 50.00 foot wide drainage easements recorded in O.R. 0937, Page 0850 and O.R. Book 0979, Page 0289 of said Public Records; thence S.66'49'30"W., along said northerly lines, 0 distance of 10.31 feet; thence deporting said northerly lines, N.31'21'10"W., 0 distance of 45.43 feet; thence S.89'08'lZ"W., a distance of 140.34 feet; thence N.31'ZO'33"W., along the southeasterly projection of that portion of soid easterly plot line which adjoins the first course of the lands described herein, 0 distance of 85.15 feet to the Point-of-Beginning. Containing 0.14 acres (6,lZ0 square feet), more or less, and being subject to any restrictions, covenants, easements and/or rights-of-way of record. Notes: 1. Bearings shown hereon are based on the south easemen I line of Thurm Boulevard being "N.52'41 > 35"E"., on assumed bearing. 2 This is not a boundary survey. 3. See sheet 1 of 2 for the sketch of description, 4. This sketch and desuiption was p,-epared for the exclusive use of the parties listed below; copies ore valid only when bearing the Surveyor's original signature and embossed seal. 5. Certified for the exclusive use of: MERMAID KEY, LLC; GREENE INTERNATIONAL REAL ESTATE, INC.; THE CITY OF CAPE CANAVERAL. "'- ,:, CERTIFICATE: CO 0 I hereby certify that the sketch 'and description 2 shown hereon is true and correct. to the best of 0... N ~ ~ C') ~ "'- e> e> N ;:::: (D area Paul Cazesslis, oi FLORIDA SURVEYOR'S :;: BUSSEN-MAYER ENGI NO.: 'D -.i / -"" In J, Sec.: 15 A SKETCH AND DESCRIPTION PREPARED FOR: Date 04/17 /07 e> LO GREENE INTERNATIONAL REAL ESTATE 0> Twp.:24 South Scale : N/ A C') C') :;:, Rng.: 37 East BREVARD COUNTY FLORIDA P. N. : 339505 Q) (: Dsn. by : N/A :::l T ~ussen a mayer Engineering Group A Sheet No. '1 2 In Drn. by : RKB OJ of c: 100 PARNELL STREET . MERRITT 1SLAND, FLORIDA 32953 2 .~ -2'.l<"bv :MPC PH. NO.: (321) 453-0010 FAX NO.: (321) 454-6885 '..l~____~__._.u._ , I --- 9 SURVEY DEPT. ~ N ,-..... \ - (~~ ~ Description: 10.00 ft. Wide Sanitary Sewer Easement at the "Revised North Parcel" A strip of land 10.00 feet wide, by right angle measure, lying in Government Lot 4 of Section 15, Township 24 South, Range 37 East, Brevard County, Florida; said subject parcel being more fully described as follows: Commence at the southeast comer of the plat of "Discovery Bay" as recorded in Plat Book 40, Page 23 of the Public Records of Brevard County, Florida; thence along the easterly line of said plat the following two (2) courses: N.00031 '28"E., a distance of 195.46 feet to the Point-of-Beginning of the lands herein described; N.37020'33"W., a distance of 187.28 feet; thence departing said easterly line, N. 33035'24 "E., a distance of 119.32 feet; thence N.3r21'10"W., a distance of33.18 feet to the south line of the 60.00 foot wide ingress-egress and public utility easements know as Thurm Boulevard recorded in O.R. Book 2280, Page 2332, O.R. Book 2473, Page 0049 and O.R. Book 2584, Page 2796, all as recorded in said Public Records; thence N.52041 '36"E., along said south line, a distance of 10.00 feet; thence departing said south line, S. 37021'1O"E., a distance of 40.29 feet; thence S.33035'24"W., a distance of 119.32 feet; thence S.37020'33"E., parallel with and 10.00 feet easterly, by right angle measure, of said easterly line of the plat of "Discovery Bay", a distance of 260.27 feet; thence N.89008'12"E., a distance of 140.34 feet; thence S.37021 '10"E., a distance of 53.00 feet to the northerly lines of the 50.00 foot wide drainage easements recorded in O.R. 0937, Page 0850 and O.R. Book 0979, Page 0289 of said Public Records; thence S.66049'30"W., along said northerly lines, a distance of 10.31 feet; thence departing said northerly lines, N.37021'10"W., a distance of 45.43 feet; thence S.89008'12"W., a distance of 140.34 feet; thence N.37020'33"W., along the southeasterly projection ofthat portion of said easterly plat line which adjoins the first course of the lands described herein, a distance of 85.15 feet to the Point-of-Beginning. Containing 0.14 acres (6,120 square feet), more or less, and being subject to any restrictions, covenants, easements and/or rights-of-way of record. ~\ ') Meeting Type: Regular Meeting Date: 07/25/07 AGENDA Heading Discussion Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Review and Recommend Amending Parking Requirements (Section 110-491) to include Resort Dwelling Units DEPT/DIVISION: Building Department Requested Action: Review and recommend to City Council the proposed change to Section 110-491 to include parking requirements for resort dwelling units. Summary Explanation & Background: Tbis is a request to re-evaluate resort dwelling units to consider having parking correlate to the occupant load of the unit. This is to address the perceived lack of parking for resort units when compared to the current requirement of two (2) parking spaces per unit. I ! I This proposed change to the code is to better address those times when several persons are occupying a single I unit. I Exhibits Attached: Email from the Building Official Planning Official's Office Department I I I (ri) CO Buzz, I agree. Currently, I can only use the ratios established. The most stringent being the 3 per townhome unit. Perhaps the Council would consider drafting an ordinance amending section 110-491 like this: Sec. 110-491. Number ofspaces There shall be at the time of the erection or of use or occupancv classification mam or structure or at the time any main or st1l.lcture is or increased in guestrooms. Hoor area or seats. minimum ollstreet space or egress in accordcU1ce with the theatres. clubs. restaurants and other One space lor each three seats or or lor every 100 square leet of Hoor area of the main whichever is greater or One space lor each fl1ur seats or or one space lor each 125 square feet of floor area ofthe main whichever is greater Tv/a spaces lor each bed one space lor each on the work shiH. museums. Ot!street in area to 50 percent ofthe Hoor area open to the and industrial uses. One space each on the work shin Medical or dental clinics. 111Iee spaces for each or treatment room one space f(x each Mortmnies. One space lor each five seats or seating exclusive of areas needed for ambulffi1Ces. or convalescent homes and sffi1itariums. One space for each four beds one space tor each 011 the work shiH. otTice and nlcdical and dental clinics. ()ne space for each 300 squcu~e feet of gross floor area. Public One space t(X each five seats or or one space tor every 150 square teet of Hoar area in the main room. is greater. 11) Residential uses. and and mobile homes. Two spaces felr each unit. tecrInical and vocational schools. ()ne sprtce for each student and member. and motels. One space for each unit one space fex 12 units tlX (14) Resort DyvelIings and ReSOli Condominiums. One space for everv 5 occupants as determined bv the published occupant load for the unit fI-4) (15) All other uses. To be determined the oi11ciaL who shall use the ratios established tins section as a standard The thinking is that an average carload could deliver 5 people. The P&Z could debate the number. The fire code allo'\ls an occupant load of 1 perSOll for ev~er~y 150 s.f. (1:150). Ex: A 2.500 sq. ft. Resort Dyvelling would have an occupant load of 17 people and require 4 parking spaces. (2,500/150 = 16.66, have to round up to 17) (17/5=3.4, have to round up to 4) -Todd -----Original Message----- From: Buzz Petsos [rnailto:buzzpetsosr{'l;earthlink.net) Sent: Wednesday. July 18. 2007 11:37 AM To: 'Bennett Boucher': 'sha\vn schaffner': alexander-cape!(l;ctlrr.com: dmaynard9r([;cfl.rLcom Ce: morley-caper{l;cfl.rr.com: jochba{{Deatihlink.net aschaffnerr{'l:cfl.rr.com Subject: RE: 7/17/07 update on 510 Tyler Ave. They have another new renter this week - License plates provided below. Bennett/Todd. This is one of the areas that has a huge pat'king problem with the weekly renters, the reason that we need to address parking requirements for resOli rentals. Can we place it on one of your upcoming agendas to discuss sending it to P&Z for review? Thanks, Buzz -----Original Message----- From: Bennett Boucher [mailto:boucher-cape@cfl.rr.com] Sent: Wednesday, July 18, 2007 11: 13 AM To: 'shawn schaffuer'; alexander-cape@cfl.rr.com; dmaynard9@cfl.rr.com Cc: morley-cape@cfl.rr.com; jochba@earthlink.net; aschaffner@cfl.rr.com; 'Buzz Petsos' Subject: RE: 7/17107 update on 510 Tyler Ave. They have another new renter this week - License plates provided below. Shawn, Just to let you know, the owner oftrus unit filed the paperwork for the resort dwelling certificate of non-conforming status. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL. 32920 phone 321-868-1230 fax 321 ~868-1224 www.myflorida.com/cape -----Original Message----- From: sha\vn schaffner [mailto:sschaffher@ctl.rr.com] Sent: Tuesday, July 17,2007 10:49 AJvf To: alexander-cape@cfl.rr.com; dmaynard9@cfl.rr.com Cc: moriey-cape@ct1.rr.com; jochba@earthlink.net; aschaffner@cfl.rr.com; Buzz Petsos; boucher-cape@cfl.rr.com Subject: 7/17/07 update on 510 Tyler Ave. They have another new renter this week - License plates provided below. Hello Todd, Duree and Diane, 510 Tyler Ave has a new set of vacationers from Tennessee that arrived on Sunday, July 15th. The license plates are as follows. Tennessee license plate 375 - MKN Tennessee license plate 878 - JKM I also have photos of the cars in the driveway if you need them. ~ r-ifJ ) ~