HomeMy WebLinkAboutP & Z Packet 9-12-07
City of Cape Canaveral
PLANNING & ZONING BOARD REGULAR MEETING
CITY HALL ANNEX
111 POLK AVENUE
SEPTEMBER 12, 2007
AGENDA
7:30 P.M.
Call to Order
Roll Call
NEW BUSINESS
1. Approval of Meeting Minutes: August 22, 2007.
2. Recommendation to City Council Re: Casa Esperanza - Final Replat,
(331,333 & 335 Fillmore Avenue) - Section 23, Township 24 South,
Range 37 East, Replat of a Portion of Lot 7 & All of Lot 8, Block 58, Avon
by the Sea Subdivision - John Johanson, Applicant. (Postponed @
Previous Meeting)
3. Recommendation to City Council Re: Proposed Easement Vacation per
the Approved Site Plan for Mermaid Key - Walter Bandish, Acting Public
Works Director.
4. Presentation & Discussion Re: Mixed-Use - Chris Keller, for Miller Legg.
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.myfIorida.com/cape .. email: ccapeca.naveral@cf1.rr.com
PLANNING & ZONING BOARD
MEETING MINUTES
AUGUST 22, 2007
A Regular Meeting of the Planning & Zoning Board was held on August 22, 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
John Johanson 1 st Alternate
Ronald Friedman 2nd Alternate
MEMBERS ABSENT
Harry Pearson
OTHERS PRESENT
Shannon Roberts Council Member
Kate Latorre Assistant City Attorney
Todd Peetz City Planner
Susan Chapman Secretary
NEW BUSINESS
1. Approval of Meetinq Minutes: July 25,2007.
Motion by Donald Dunn, seconded by Bea McNeely, to approve the meeting
minutes of July 25, 2007. Vote on the motion carried unanimously.
2. Recommendation to City Council Re: Casa Esperanza - Final Replat
(331 , 333 & 335 Fillmore Avenue) - Section 23, Township 24 South,
Ranqe 37 East, Replat of a Portion of Lot 7 & All of Lot 8, Block 58, Avon
bv the Sea Subdivision - John Johanson, Applicant.
John Johanson, Applicant, declared a conflict of interest.
Todd Peetz, City Planner, gave a statistical project oveNiew. Donald Dunn
noted that the written report was inconsistent because it referred to the agenda
item as both a preliminary replat and a final replat throughout the report. Mr.
Peetz clarified that the request was a final replat and stated he \'^lould correct the
errors.
Planning & Zoning Board
Meeting Minutes
August 22, 2007
Page 2
Discussion was held regarding requirements for review of association
documents. John Johanson, Applicant, advised that there was a standard party-
wall agreement, but he did not know if the project would have a home owners
association. He advised that he would remove the wording within the dedication
on the final re-plat that references a home owners association.
Shannon Roberts, Councilmember, questioned if the project would be short-term
rentals. Mr. Johanson responded that he had submitted an application for short-
term rentals prior to the deadline. He advised that he was selling the units. Ms.
Roberts stated that she did not recall seeing the project on the short-term rental
list she had obtained from the City Manager's office. Discussion followed
regarding various difficulties of homeowners association's enforcing their rules
and regulations. Vice Chairperson Russell voiced his concern that the city has
had difficulty in enforcing compliance with dilapidated buildings, and the city
should be requiring documents verifying that the properties would be maintained;
and replacements of doors, windows, roofs, and garage doors would be
consistent with what was approved by the Community Appearance Board.
Motion by Donald Dunn, seconded by Lamar Russell, to postpone
recommendation for Casa Esperanza, Final Replat, until the next meeting. Vote
on the motion carried unanimously. John Johanson, Applicant, stated that he
would submit the requested document(s) to the Board Secretary.
OPEN DISCUSSiON
Discussion was held regarding the traffic level-of-service on A 1A and N. Atlantic
Avenue. Following discussion, Todd Peetz advised that he would obtain the
most recent traffic study that was prepared by the city's transportation specialists,
Luke Transportation, and would forward the report to the Board for further
. .
discussion.
Vice Chairperson Russell encouraged the other Board members to read the
Board of Adjustment Board Order regarding Coastal Fuels Administrative Appeal.
Discussion followed.
Discussion was held regarding the Board of Adjustment possibly becoming an
advisory Board to the City Council. The Board reviewed the two required
qualifications to serve on a volunteer City Board.
Planning & Zoning Board
Meeting Minutes
August22,2007
Page 3
Discussion was held regarding a status update of how city staff was doing in the
process of enforcing the new short-term rental code. Brief discussion followed.
The Board requested that the Building Official provide a copy of the list of short-
term rentals.
Shannon Roberts, Councilmember, questioned when the city requires seeing
association documents; and inquired if Mermaid Key submitted any documents.
Kate Latorre, Assistant City Attorney, answered that condominium association
documents are required to be submitted to the State; and the city code requires
review of certain documents when land is subdivided. She clarified that since
Mermaid Key project were condominiums that the documents would be
submitted to the State.
Vice Chairperson Russell asked when the Board was scheduled to talk about
mixed-use districts. Todd Peetz, City Planner, responded that Miller Legg was
scheduled to give a presentation at the September 12th P & Z meeting. Mr.
Russell stated that the prime criteria for mixed-use should be parking before
anything else.
Discussion was held regarding the last meeting's agenda item brought to the
Board by the Building Official regarding parking requirements for short-term
rentals. Vice Chairperson Russell reminded the Board that the Building Official
was to bring back statistical data. Kate Latorre, Assistant City Attorney,
responded that the Buildina Official was accumulatina certain data before coming
. ~ v
back to the Board for consideration in increasing the existing parking
requirements. She explained that after an inspection by a building inspector a
non-conforming certificate would be issued. The property owner would then
have a certain time to comply with the deficiencies. Mr. Russell questioned that if
the city was going to establish additional parking requirements, would the more
stringent ordinance apply. Ms. Latorre answered yes. She explained that if the
city adopted a more stringent parking ordinance for resort dwellings rentals then
the applicants would need to comply. Brief discussion followed. Mr. Russell
clarified that resort dwelling parking requirements do not exist. Brief discussion
followed. Ms. Latorre clarified that there would be no vested rights for parking
because there was not an existing parking code for resort dwellings. Lamar
Russell stated that the Board needs to know what the cut-off date is to adopt an
f"\rrlin~nf"'a ff"'\ ac-t'!:lhlic-h n~r"lEinr1 ro.nllit"'nn-\nn+~ frU''' t"''''''r">r'\t4 ,..Jul_II:___
VI \""oI1I1'-4IIV'-' \,V '-vlo.UtJlI...,;J11 tJU1 f\.lIl~ J \J'1U11 \,JIII\JIII.;:) IVI I vvVll UVVC;11I118~.
Shannon Roberts, Councilmember, asked if the Mermaid Key project had extra
parking. Todd Peetz, City Planner, advised that the site plan has approximately
30 extra parking spaces on the North part of the property.
Planning & Zoning Board
Meeting Minutes
August 22, 2007
Page 4
There being no further business the meeting was adjourned at 9:10p.m.
Bea McNeely, Chairperson
Susan L. Chapman, Secretary
Meeting Type: Planning &
Zoning
Meeting Date: 9/12/07
AGENDA
Heading Final Replat
Item #1
No.
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANAVERAL
SUBJECT: Casa Esperanza Final Replat
DEPT.lDIVISION: Building Department
Requested Action:
Review and recommend to City Council the proposed final replat for Casa Esperanza.
Summary Explanation & Background:
This request is for a final replat of part of lot 7 and lot 8, block 58, A von-by-the-sea, east of North Atlantic (AlA) and south side of
Fillmore Ave.
The request was tabled 8/22/07 for more information regarding covenants and deeds dealing with the future maintenance of the
property. I
i
The applicant supplied an example covenant and deed that could be used for this replat.
Exhibits Attached:
1) Application by applicant
?) Site report by staff
-/
3) Staff review comments
4) Sample covenant and deed
5) The Final Replat drawing
Planning Official's Office Department
! I I
, I I
APPLICA TION FOR PLAT REVIEW
ATE OF SUBlY~TAL:. 1./ /t.J () 1
. l
[OTE: SUBlYIITTAL MUST BE SUBl\11TTED A l\r.tJ:riThIUM OF 30 DAYS PRIOR TO
HE PLAl...n,rING & ZONING l\{EETING; PLAT l\rmST l\rlEET THE REQ1:JIREivIENTS .
F SECTION 98-41 THROUGH 98-62). .
,~ I Pletf
; THIS A PRELIlVDNARY PLAT, RE-PLAT, OR FINAL PLAT? f- /"~. 1.;>.
:\IOu""NT OF FILIKG FEE PAID: $ 737. SD
?\.IOUN""T OF EKGL'ffiERJJ'{G DEPOSIT PAID: S .,
-
ill BREV..\RD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE
EQUEST FOR STREET NAlvfE, IF APPLICABLE? (NOTE: TInS 1'i'"EEDS TO BE
O!\iE PRIOR TO SlJ"B;:\-llTTAL). .YES _ NO ~ N.A.K .
ROJECT NA.\-[E: C p~5 c...... E 5 P err-~iAZ ~
.
ROJECT ADDRESS: 333 F: (( ~ DJ" .e. /1-U2., I' I' r -( -"---,.-,
..... ~! e. ........4f.........'-""tv Q,rc. 1 ;-.. >.-.t..7;".<.
EGAL DESCRlPTION: ~I b...66 {'f- of' /e- f 7 ~ /( of /~+ @ a~ ct 'Ua.;-r ;z -S- f-f IS> r tJ.: l2f/.
'e>' V#\Cbt -l-e b ~ ~ A.l. I:~ . 1.1 rZ.. 81 k S- ~ VP.A.- iJ i '7 l-t 'j). . f2~ .
~\Y1\""ER(S) NA-vIE: Tr/(jp Le ':J .,'J.:..V\v es .J-Jf"\E'..A.-{ .;~ LL C .
; I
p. O~ 7J~ir ~f)/ /' ~ f .-/ ':? '"2 t::::j" --::;; r"'\
\V!~H'R r.S;;) A nnRFJ;:;;~. l.!:>?fJ...;> _. ,,~_-1. .-.N J if.?}c L~ r f-..
.," -.. ," j"'-. _~r y_ - .... _ .. . . -'.- -: ,.. . r' I" w"'" f--"'--"
; . - ._--"-J .---~........
,
ROJECT ARCIDTECT/EL",{GTI\"EER:: Cf.;:/,(' (f -.;) .r r'
HO:-ffi NO. OF ARCHITECTIE."'GTh'EER: LI fJ5 - 'J 5".&5
, /7Yv- a 7 .!
.PPLICA.,'1T(S) SIGNATIJ-:)/t. !~. .
. " OVt'N '~GE~. ,.,
E -7,"?~ t,g;;2(
~ONE ~Ul\1BER 0 ? WNJ:~.J:'y\GE??f: { 0 ;) - . .
~~
.
. .
ez)
City of Cape Canaveral
Casa Esperanza Final Replat
Applicant: Triple J Investments, LLC.
Location: Section 23, Township 24 South, Range 37 East
Proposed Amendment Acreage: 0.26 +/- Acres
Permitted 15 DU per acre: 3
Proposed Number of Units: 3
Current Future Land Use: R-2 Residential
Current Zoning: R-2 Residential
Description:
The applicant proposes a preliminary replat of a lot located at 333 Fillmore Avenue,
Parcel No. 24-37-23-CO-00058.0-0007.00. The replat will result in three (3) lots created
out of the existing one, all with frontage onto Fillmore A venue. The subj ect site is
located south of arid adjacent to Fillmore A venue and west of Ridge wood A venue.
North South East West
Zoning R-2 Residential R-2 Residential R-2 Residential R -2 Residential
Camp Plan R-2 Residential R-2 Residential R-2 Residential R-2 Residential
Existing Multifamily Single Family Multifamily Single Family
Conditions Residential! . Residential I ~~~~~l1tial! RpCtrlp.nti:::.l I
I I 0- P k n d I I ~--~._-~~-<
I 1 cean ar '-.-on 0 I I I
Public Services and Facilities in Amendment Area:
The Level of Service for parks and recreation is two (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, 2007 was 10,536. There is still adequate park space available.
AlA is operating at Level of Service "A" with 283 available peak hour trips between
NOlih City Limits to Central Blvd. AlA from Central Blvd to North Atlantic has a level
of Service "A" with 325 excess trips. If developed completely as residential, the site
could generate 1 to 2 PM peak hour trips. ~~,
The City of Cape Canaveral provides wastewater treatment. The wastewater treatment
capacity is 1.8 million gallons per day (MOD). The existing usage is 1.26 :'MOD with an
excess capacity of 0.54 MOD. The Level of Service for wastewater capacity is 118
,..--;---,
'-
/',r; '1
15)
(
~'
gallons per capita per day. At 2.35 persons per household, multiplied by the proposed
three (3) households, then multiplied by 118; the projected demand for the proposed
development is approximately 831 gallons per day of 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 Level of Service for potable water is 264 gallons per household per
day. At 264 multiplied by 3 households; the projected demand for the proposed project is
792 gallons per day of potable water. There is adequate potable water service available
with the proposed change.
Brevard County provides facilities for solid waste disposal. At this time, the County
does not foresee any deficiency with their solid waste facilities.
Environmental Description of Amendment Area:
The subject site consists of Urban Land (UR) soil type. The soils in this complex are 60
to more than 75 percent covered with streets, buildings, large parking lots, shopping
centers, industrial parks, airports and related facilities. There appear to be no wetlands on
site. Wetlan.d 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 2.35 persons. The three (3) units will probably
aCCOTIll11odate six to seven ne'vv persons.
~
'\
A ,
(j)
\ t
~~~ s.~, ~:(l
,~ ' ,I((' ,:1(",*, ,~".
1i'~'1'~'I<i ':QI!M'~ 'IfQ'~t1I}'t, ~'~.Ii~:a~~.R ~ .(~it. '.llll1i,ctll
m )> 5 4 '"'F I C!J
~ > 9/8 7 jOL
< ~
TAYLOR.AV 7 ,r-
1.12 1.13 I /
1.01 L-f I
1.01 II
10 H 6
15 9 1.05
j I
[I \ I I if /
1.01 / / 1
01 l
I 1 \ 2 13.\ 5 I 6 t!l I
~
910111 12 13 14 15 16
~ 1.05 l 3 ~
7 ,Ir-- )
" I
4 6 7 8.01 I
1 2, .0 I
/ I
. I.. __-1 I .. A"
I L I III { ; . .-r . , I
-1 /10 \11 J / \
15 I 13 15.01
L
~
........-,:'\
/ \
/[ )
I/' J
(c.-J/i
\..::;.:/
http://www. brevardmooertvaumaiser.com/scnnts/ esrim~m.cill ?n:1m~=Rr~v:1rnl Rri n=') nn7n5< 5</1 '\nnn7
-1,.1,11'I<; ~;B,..dii ~ia"A;
~"lii'l~ 1Ij!f'~"'''!i~ ~~'~
~t~~~.Q( eQ,ljifQ~t\L q..JlA,i&~V' &~ae~,i:IZIQ,!D' ~ ..t$t"D..."~ " $;Q"a,ED,)lj'I.
.'.lIH'. '~''1. "',' ''1~1J'~ .;,.,,~- -'''''~ ~~~, 't",,*~"19' ..,.",.~;'ffJ~~~ -,' 11J."tt:~,~' 'F'I~~'~!;'-~~~~~ll
....~
I \
/ (i l
i f I
i I....., /
\. \! J ......-
~
nUn:/ /www.nrevardnmnertvannraiserr.om/sr.rints/p..-:riml1n tlll?n~mp.=Hrf>v~rill A:ritl=?nn7ns< S</1 J:;.nnn7
SSA
August 15, 2007
Mr. Todd Peetz
Miller-Legg & Associates
631 South Orlando Avenue
Suite 200
Winter Park, FL 32789
RE: Final Plat Review - Casa Esperanza - Review #1 - REV
SSA Job No. 05-0025, Task 049-1003
Dear Mr. Peetz:
SSA has reviewed the above-referenced project and based on our review, SSA
recommends said plat for City approval.
This review does not relieve the applicant from other local, state, and federal agencies
having jurisdiction over the project site. Should you have any questions regarding this
letter, please do not hesitate to call.
SinC;;;IY,
I
7~
Russ Thompson
Survey Department
cc: Susan L. Chapman
( "=r- - '\
City Engineer's Review Fee For Review #1 REV - N/A
I
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.
.~.c---
/" \
i ./] I
f I !
/
i;:Ty-"T.l....,. V'O QT'Arro c_ ^C'0r-.r"'TA'T""'r:'\...... ARChIL t,CTS EN GmEERS PlANNERS, INC. V'
V.L"".L.I.~.J."\' V.!..r:l.UU C::(;. ~VvUil~
8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065
lie. ifMCCXlO329 ifEB0000762 ifLB0006700
J:\CIVIL\Projects\CAPE\2007\J-CASA ESPERANZA FINAL plat review 1 adoc
MEMORANDUM
TO: Todd Morley,
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: April 12, 2007
RE: Casa Esperanza Townhomes
Final Re- Plat
The Public Works Department has reviewed the Final Re-Plat of the above stated
project and has noted the recorded street vacation (691/564). This re-plat has made note
of the recorded vacation of Magnolia Avenue. The Public Works Department does not
have any further comments of concerns.
f
Todd Peetz
-'""""~
From: John Cunningham Ucunningham@ccvfd.org]
Sent: Monday, April 23, 2007 9:18 AM
To: Todd Peetz
Subject: Re: Case Esperanza (Final Replat)
Todd,
We have reviewed the replat and have no comment at this time.
- \
f--"" ~
i G1)
\ //
"-/
8/15/2007
Memorandum
To: Todd Morley, Building Official
From: Todd Peetz, City Planner
Date: May 15, 2007
Re: Casa Esperanza Final Replat
I have reviewed the Casa Esperanza Finaly Replat and have no concerns
at this time.
If you have any questions, or need further information please feel free to
contact me at 407-629-8880.
.. --"
/ \
/-.... \
/ , ( , \
\ \ lJ)
~
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attome)'s at Law
Oebra S. Babb-Nutcher" Offices in Orlando, Kissimmee, Cocoa, Vivian P. Cocotas
Joseph E. Blitch Ft. Lauderdale & Tampa Scott J. Dornstein
Usher L. Brown' Mitchell 8. Haller
Suzanne O'Agresta" Katherine W. Latorre
Anthony A. Garganese" Terri E. Oster
J.W. Taylor Amy J. Pitsch
Jeffrey S. Weiss -
-
Erin J. O'Leary"
Catherine O. Reischmanno
'Board Certified Civii Trial Lawyer William E. Reischmann, Jr.
"Board Certified City, County & Local Government Law Of Counsel
"Board Certified Appellate Practice
September 4, 2007
Via Email (tpeetz@millerleggcom)
Todd Peetz
Cape Canaveral City Planner
Miller Legg & Associates
631 S. Orlando Avenue
Winter Park, FL 32789
Re: Casa Esperanza Final Replat
(513-026)
Dear Todd:
I have reviewed the Final Replat for Casa Esperanza and the proposed Party Wall Agreement
for said project. My only comment is that the final version of the Party Wall Agreement for Casa
EsperallZa should be amended to reflect the property's legal description and physical address and is
required to be recorded with the name of the CUl1'ent property ovmer, Tripple J Investments LLC, as
declara.l1t. I l1ave no fl.lrther COITl1nents or concerns at tl11S tiIne~
Please contact my office if you have any questions.
Brtr~
ate ~torre
Assistant City Attorney
Cc: Susan Chapman, Plmming and Zoning Board Recording Secretary
( chapman-cape@cfl,lT.com)
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 !! Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net . Emaii: firm@orlandolaw.net
/.r-- r----_..\
l~
"
) ";:
:O'~~' 'f\ii
1,.*,,,,;;) hi.
\I Su~t'& 3.'~
" l' ~ ~n "".,"t'-.
8, ," ". . .,_,~""~"F!l':, ,....' .~,.,~'._:".'7I
... u ~AeJ fktl \l;'~~~lI.ilH..~, H ~ '<u.',.c."....H...!o,,J
't)'-., ~ U <"'l
Va *'~ ~ 0 ~ ~ 3) ('":}-- PARTY WALL AGREEMENT .
~ ~ it.: 506 AND 508 ADAMS AVENUE
'- ~. ~ -g CAPE CANAVERAL, FL
I .'I:::"E <'$
~ E- ..,-;;;
"''-.J~:::f-
~j!'lu.i'~ ThisDedarationllladethis19day.of October 200~hosemailingaddress is
.- ~ ~ 310 Adams Avenue, Cape Canaveral~ Flo~ 32920~ hereinafter referred to as
"Ueclarant"a JOHN JOHANSON.
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property located and
lying and being in Brevard County~ Florid~ and more particubrly described as ;
Lots 1 and 2, BEACHSIDE TOWNHOMES FIRST ADDITION
According to the
Plat thereof as recorded in Plat Book 53 at Page 66 of the Public Records of
Brevard County, Florida.
Previously recorded as:
Lot 14 Avon By The S~ in Plat Book 3 Pagel orthe
Public Records of Brevard County~ Florida.
NOW THEREFO~ Declarant hereby dedares that an of the properties
described above shaD be beld~ sold and conveyed subject to the fonowing easements~
restrictions, covenants and oonditiOOI, whicb are for the purpose of protecting the
value and desirability of, and which shaD nIB with, the real property and be binding
00 aU parties having .ny right. tiile cir interest in the described properties or any
part tbereot~ their beirs, successors and assigns, and shall inure to the benefit of
each owner thereof, to wit:
t. The foregoing recitals are declared to be true and correct and by reference
are incorporated herein and made _ part hermf as is fulty set forth~
2~ There is hereby created in favor of eacl1 owner or purchaser; and their heirs,
successors and assigns, ~n easement covering party walls to be placed equally
on the line separating the dwellings to be crec:ud and the property subject
thereof.
3~ The cO-st of maintaining the party wall sull be borne equ~dly by the owners
on either Bide of said. wall
4. In the event of damage or destruction of said waD from any cause, other tban
the neglige.u~e or intent of either party, the then owners shall, at joint
expense, repair or rebuild said wall and each party, his heirs, successors and
assigns, shall have the right ofroU use of said waD so rep[aired or rebnilt. H
either party~s negligence or intentional act shall cause damage to or
destruction of said wall, such negligent or wiUful party shall bear the entire
cost of cepair ~d nwostrudiun.
5. Neither party shaD alter or change said party WaDI in any manner~ interior
decoration excepted and said party walls sball always remain in the same
CFN 2006315753, OR BK5714 Page 7670, Recorded
10/3112006 at 01:11 PM, Scott Ellis, Clerk Of Courts,
Brevard County
# Pgs2
location as when erected, .and each party to said common or division wall
shaJJ have a perpetual easement in that part of the ~..mises or t!:e other uii
which said party is located, for party waD purposes.
6. The easements, agreements and restrictions hereby created are and shall be
perpetual and construed as coveaants ruouing with the land and each and
every person accepting a deed to any lot in said multiple unit shall be deemed
to accept such deed with the understanding that ucla and every purchaser is
also bound by the provisions herem contained, and each and every purchaser
by accepting a deed to AOY lot shaD thereby consent and agree to be bound by
the ~venallts herein contained to tile same extent as though he had signed
this instnlment. The undersigned, in a.~ting ud delivering deeds to said
lots shall insert in said COBveyan~ by rd"ereu~ that the same are made
subject to the terms, conditions,. reservations and covenants herein contained.
For the breach of any of tbe above restrictions, reservations, easements and
covenants, each party shall be entitled to apply for relief by injunction in
additiou to any other remedy available to them in law or equity.
7. This declaration .1IaII ensure to the benefit and apply to any existing or
subsequent mortgage holden on the premises described herein.
8. Painting of exterior of units shan be su~j~_~ approval br~_~~partiesA
. ..... ..... . '-.
9. Roof repain cost shaD be bome by the unit owner in which the repair is required,
the middle of the party waD is the property line. No change in roof color or style is
permitted without both units owner in agreement.
10. Property o~~! ~haD~taiD. yard in a neat and ~lean manner. .--,-
IN WITNESS ~J.l't dais ~tion is beiBg executed this
I Cj day of tJ /;er ,20
. ~ W1lNESSEs; BY:
'()A.u.U J oj ~
/l1(~..},.e/..( tJrentler ~t/....1
/(k ~
' . ~ Sign Name f1r k:I
~~'W~~"'S~k~ ~Lt..,~s.,-,,-
vLdwu)- ~t.J-S
Print Name
STATE OF FLORIDA, COUNTY OF BREVARD
This instrument was prepared by: THE FOREGOING INSTRUMENT was acknowledged before
me this 19th day of October, 2006 by JOHN
John Johanson JOHANSON, ~j? is ~lY know~~o me.
310 Adams Avenue
Cape Canaveral, FL 32920 -All, J1 ~ ~
C/r1AA/f ~
Notary Public
I ^",;7~~'-'=,~-;c..- _,;0; .
0~~~~ ~. 1
F~~\\ .
"iJ .; i,
~,=-,~~~~~.~~~___~~,~<_w_-
-
Meeting Type: Planning &
Zoning
Meeting Date: 9/12/07
AGENDA
Heading Easement Vacation
Item #2
No.
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANAVERAL
SUBJECT: Review and Recommend Easement Vacation to City Council, Official Record Book 1019,
Page 0086, per the conditions of the approved site plan for Mermaid Key
DEPT.lDIVISION: Building Department
I Requ"'ted ActiOn< I
Review and 'ccoillilleod to City Council the pmpo"'1 e""meot vocatioo Official Reco,d Book 1019, Page 0086 p" the appmveJ
site plan for Mermaid Key.
Summary Explanation & Background:
Pursuant to the approved site plan for Mermaid Key with conditions was to vacate the existing (sewer) easement.
The acting public works director has reviewed and recommended approval of the easement vacation.
I I
I
Exhibits Attached:
I 1) Memorandum report from the Acting Public Works Director
Planning Official's Office Department
I I I
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,
Vacate This Easement
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. Book 0937, Page 0850 and O. R. Book 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,a11 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
DEDICA TION OF EASEMENT
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 corner 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.37021' lO"W., a distance of 33.18 feet to the south line of the 60.00
foot wide ingress-egress and public utility easements known 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 5.37021' lO"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' lO"W., a distance of 45.43 feet; thence S.89008' 12"W., a
distance of 140.34 feet; thence N.37020'33"\V., along the southeasterly projection of that
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.
~-------
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
C>
a.
n I
" TAX PARCEL
"'" TAX PARCEL 753.1
<'I 759 I
mt=' I-
z
o::z w
Ow :::;;;
"iGJ w
Ul NORTH PARCEL
V) <( ~~= LOCATION OF NEW EASEMENT
<.Do<{ w
Ol W
" Cl
<'IV) 0::
w <( _ = EXISTING EASEMENT "0" OF
~~ >
--' w
O..q:-F ....J O.R.B. 1019, PG. 0086
:::>
00:::> 0
~l[)o m
N- LINE TABLE
<(m a5 :::;;; 11--0
0:: LINE NO. BEARING OIST ANCE
>0:::::> :::> C]lfJ
00.. I Ll N37"20'33"W 187.28 0 I a:!]
W.,~ l- V)
L2 N33"35'24"E 119.32 <0 I 0<.)
-1;;JV) l.L 4;0
:::::>t')V) 0 L3 N3T21'1O"W 33.18 00 ;JQ
NW w L4 N52"41'36"E 10.00 ;2Q 14;"-
00(3 z ~'" Of-)
L5 537"21'10"E 40.29 '<Ol
fia. '1 I L6 S33"35'24"W 119.32 g;;:Ol i~a
'VI I- ' 0 <0 'f.
OV) :::> 0 C'oJ I Q:- Q}
::z:oow 0 L7 S37"20'33"E 260.27 OQ}O QQ:'
<'In::: Ul 140.34 0'Q:- 0 Ii:5O
NG L8 N89'08'12"E
~m~ V)OQ
L9 S37"21'10"E 53.00 "-f5 . 4;C'oJ lfEQ:-
:::::>~w 00 4i
L10 S66'49'30"W 10.31 OQi?; Vf.-,:Q
:r:: 0:: Q L11 N3T21'lO"W 45.43 ~/::' f'j "-
I-- W S: 0
a. . L12 S89'08'12"W 140.34 -J<:Q} o'
0 ;E!i!g
OW L13 N3T20'33"W 85.15 V)
<(~ gtxQ
0
0:: <L5~
er::
w
S:
0
l- /.)
0'
10.0 FT. WIDE PORTION I
OF EASEMENT "D"
O.R.B. i 01 9, PG. 0086 ;; "
/\ ',,-
Y.,)
..<;) g:,'o
.$:- Of:)
t";- o<;
if(((j' ..:>.
TI o 0'
}'{ <v~~. -S.~~
u /
:i '-. / &-~~) .~.
I ~" <;) "- 0'0
il. / /...... _I-... '0' ~<<. i> 0
.n / "n{""~' "-.. ":.,?-~(j'
N ... ~ ,?-'v'
<I.'VN'?-
~ <I.~
..... <)
r-- R;-'?- '0'
0 ~ <('
0
N -:::;
~ &'
(0 u
di
3 t~RE\1SED LOCATION Of NEW (SM'f. - RK8/MPC
1:>
~ 1\..I:o.....~'-'n....
lJ)
J., Sec.: 15 A SKETCH AND DESCRIPTION PREPARED FOR: Date: 04/17/07
0 GREENE INTERNATIONAL REAL ESTATE
l() Twp.: 24 South Scale: 1"=100'
OJ
t')
t')
- Rug.: 37 East BREVARD COUNTY FLORIDA P. N. : 339505
>-
ill
~ Dsn. by:N/A Sheet No.
:J T ~~oSp~R~:L-s~~y~rM8~~;~ll~U~N~f~~O~D~~~~P i~
! Dr!'_ by : RKB 1
of
c' :> J
~ Chk. by :MPC PH. NO.: (321) 453-0010 FAX NO.: (321) 454-6BB~ "
ro r-~
9 SURVEY DEPT.
N .7 i
( :;; /
-~-;/
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
subject parcel being more fully described os follows:
Commence at the southeast corner of the plot of "Discovery Boy " as recorded in
Plat 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., 0
distance of 195.45 feet to the Point-of-Beginning of the lands herein described;
N.31'20'33"W., a distance of 187.28 feet; thence deporting said easterly line, N.
33"35'24"E., 0 distance of 119.32 feet; thence N.31'21'10"W., a distance of 33.18
feet to the south line of .the 50.00 foot wide ingress-egress and public utility
easements know as Thurm Boulevard recorded in Q,R. Book 2280, Page 2332, O.R.
Book 2473, Page 0049 and Q,R. Book 2584, Page 2795, all as recorded in said
Public Records; thence N.52'41'35"E., along said south line, a distance of 10.00
feet; thence departing said south line,' S. 31'21'10"E., a distance of 40.29 feet;
thence S.33'35'24"W" a distance of 119.32 feet; thence S.31'20'33"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 250.27 feet; thence N.S9'OS'12"E., a distance of
140.34 feet; thence S.31'21'10"E., a distance of 53.00 feet to the northerly lines
of the 50.00 foot wide drainage easements recorded in Q,R. 0937, Page 0850 and
O.R. Book 0979, Page 0289 of said Public Records; thence S.55'49'30"W" along
said northerly lines, a distance of 1 0, 31 feet; thence deporting said northerly
lines, N,31'21'1O"W., a distance of 45.43 feet; thence S.89'08'12"W., a distance of
140.34 feet; thence N.3T20'33"W.. along the southeasterly projection of that
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 (5,120 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 ore based on the south easement line of Thurm
Boulevard being "N.52'41'36"E"" an assumed bearing.
2, This is not a boundary survey,
.3. See sheet 1 of 2 for the sketch of description,
4. This sketch and description was prepared 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 INTERNA nONAL REAL ESTATE, INC,;
THE CiTY OF CAPE CANAVERAL
r---
-D CERTIFICATE
ro
0 I hereby certify that the sketch 'and description
':i shown hereon is true and correct to the best of
!l. my knowledge and belief, as performed under my
"" direction and supervision. and that it meets or
exceeds the minimum technical standards set forth
(") by Florida Board of. Professional Land Surveyors
.,.... in apter 61Gl 6 Flor Administrative Code,
/'-. p r uant to S 2.0 7, Florida statutes.
0
0
N
;:::
CD areo Paul Cazessus. .L,S,
~. FLORIDA SURVEYOR'S ERTIFICATE NO.:
c:: BUSSEN-MAYER EN~ERING CERTIFICATE NO.:
~
.x
U)
J, Sec.; 15 A SKETCH AND DESCRIPTION PREPARED FOR: Dale, 04/17/071
0
L0 GREENE INTERN A TIO 1'1 AL REAL ESTATE
Q) Twp.: 24 Soulh Scale : N/ A
(")
C')
-s:, Rng.: 37 East BREVARD COUNTY FLORIDA p, N, : 339505
OJ
c: Dsn. by : N/ A
:::) V pussen - maY<tf en9In~~r1n9 Group A Sheel No.
r;;
U) Drn. by : RKB 2
Ol 100 PARNELL STREET . MERRITT ISLAND. FLORIDA 32953 of
c 2
'';E Chk. by : JAPG PH. NO" (321) 453-0010 FAX NO., (321) 454-68B5
[::
9 SU R VEY' DEPT.
N -
Meeting Type: Planning &
Zoning
Meeting Date: 9/12/07
AGENDA
Heading Discussion
Item #3
No.
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANAVERAL
SUBJECT: Discussion - Mixed-Use District Presentation and Discussion
DEPT.lDIVISION: Building Department
Requested Action:
View Presentation and Discussion, with Business and Cultural Development Board, Board of Adjustment and
City Council and Provide Direction to Staff
Summary Explanation & Background:
There have been numerous conversations over the last several years about mixed~use development. There
has not been a formal presentation with discussion with the key review boards in attendance and participating.
The presentation is to frame what mixed-use districts are? \Vhat are the components of a mix district? How
are they functioning in Florida and address concerns raised at an earlier P&Z meeting.
The other boards and City Council are in invited to participate in the discussion and share thoughts between
the various boards.
A mix of residential and commercial use within the same building or same zoning category is not permitted.
The question is should uses be mixed? If so, where and how should mixed use occur?
Exhibits Attached:
I I
Planning Official's Office Depariment
I I I
I I