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HomeMy WebLinkAboutP & Z Packet 10-10-07 City of Cape Canaveral PLANNING & ZONING BOARD REGULAR MEETING CITY HALL ANNEX 111 POLK AVENUE OCTOBER 10, 2007 AGENDA 7:30 P.M. Call to Order Roll Call NEW BUSINESS 1. Approval of Meeting Minutes: September 26,2007. 2. Recommendation to City Council - Ordinance Re: Appeals to the City Council from Decisions made by the Community Appearance Board and the Board of Adjustment. 3. Recommendation to City Council - Ordinance Re: Clarifying the Criteria Required for Preliminary and Final Subdivision Plat Review and Approval. 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 may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapeca..llaveral@cfLrr.com PLANNING & ZONING BOARD MEETING MINUTES SEPTEMBER 26, 2007 A Regular Meeting of the Planning & Zoning Board was held on September 26, 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 entered late Harry Pearson John Johanson 1 st Alternate Ronald Friedman 2nd Alternate OTHERS PRESENT Robert Hoog Mayor Pro T em Shannon Roberts Council Member Todd Morley Building Official Kate Latorre Assistant City Attorney T odd Peetz City Planner Susan Chapman Board Secretary NEW BUSINESS 1. Approval of Meetinq Minutes: September 12, 2007. Motion by Harry Pearson, seconded by John Fredrickson, to approve the meeting minutes of September 12, 2007. Vote on the motion carried unanimously. 2. Discussion Re: Amendinq Section 110-491 to include P::lrkinn . ...........,1:"'-1 Requirements for Resort Dwellinq Units. Chairperson, Bea McNeely reviewed the documents contained in the Board packet. City Planner, Todd Peetz, gave an overview of other municipalities parking requirements for tourist homes, rooming and boarding houses, bed & breakfasts, residential and commercial resorts, and resort dwellings. City Attorney, Kate Latorre, advised that the current resort dwelling code did not currently address parking requirements. She asked the board to take under consideration that City Council referred the use as commercial, not residential. Planning & Zoning Board Meeting Minutes September 26, 2007 Page 2 John Johanson suggested that the city limit the amount of vehicles and the parking be the same as a residence. Lamar Russell advised that one of the criteria when they created this ordinance was to allow people to keep a use they already had. Instead, they invited everyone to participate. These homes already had residential parking requirements. He gave his opinion that the parking req' ,;rements c-h", drl he left the "'a" th"" ....'.."....d" ..,,.....,... LJ_....t'"\.1 n__...___ , UII "' ilL ':>IIVU'U U ,.. LII VV Y L1ICiY all Cia Y VVCiI Ci. IlallY ,vQIi:)UII questioned the Building Official regarding a parking violation at a resort dwelling, if the violation would be enforced through the nuisance ordinance. Todd Morley responded that if it is part of the nuisance ordinance then it would be enforced. Todd Peetz noted that some of the resort dwellings did not have space for additional parking. Kate Latorre confirmed that if an applicant did not have the appropriate number of parking spaces, then they would not be allowed to have a resort dwelling unit. Ron Friedman commented that the owners need to be responsible for parking because, they had a responsibility and obligation to enforced established parking requirements. Art Berger, citizen, advised that he owned property that only had one parking space per unit; the units were one bedroom or efficiencies. Todd Peetz advised that if it was built today it would require two parking spaces per unit. Art Berger advised that there was no property left for additional parking. He noted that he applied for the property to be resort dwelling units. Chairperson McNeely advised that when the city considered the use it was only intended for existing property owners that already had the use. Mr. Berger responded that he thought he could apply for the use, and he paid $1,800 to apply which he requested to have returned to him if the city wasn't going to aiiow him the use because he could not meet an additional parking requirement. Ron Friedman recommended one parking space for each bedroom. Lamar Russell responded that the existing codes already exceeded one space per bedroom. John Johanson suggested that owners address limited parking in their rental agreements. Todd Peetz suggested that no parking signs be installed on the streets. Lamar Russell advised that the Board did not receive enough facts from the Building Official to verify that there was a parking problem and where they existed. Discussion was held regarding maintaining the city's residential community and neighborhoods, and not be a city of tourist resort dwellings. The Board members agreed that parking violations should be addressed in the nuisance ordinance and enforced by the civil citation ordinance. Kate Latorre advised that the nuisance ordinance did not address parking violations. Motion by Lamar Russell, seconded by Sea McNeely, that parking for resort dwellings shall not have less than the number of parking spaces in existence, at each site, at the time of application, for the certificate of non-conforming status. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes September 26, 2007 Page 3 OPEN DISCUSSION Ron Friedman advised that the Bayside development was issued a final f'ertifif'~te f'\f f'\f'f'..n~nf'\1 \A1ithf'\l.t the nl"f'\nert\l heinrl h, lilt ar-r-rwrlinrl tr'\ the """"'1"111"-'''''''''-' '-'I '-""""''-'''"'I''',",-,II'"'J "V""1"",..1\. \'11'-' t-'1'-'t.."......"'J ....,'-'III~ IJUIU. vvVI\"JIII~ ,"v UI approved site plan. Todd Morley, Building Official, advised that the city did not have a stormwater employee when Bayside was built. Mr. Friedman recommended that when City Council is dealing with approving site plans that a condition be placed on the site plan that the project shall be built in accordance with the approved site plan on file with the city, with the exception of minor revisions, which shall be approved by the Building Official. Following discussion, by consensus, the Board members agreed with Mr. Friedman. Assistant City Attorney, Kate Latorre, advised that she would forward the board's consensus to the City Council. There being no further business the meeting was adjourned at 9:37 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary Meeting Type: Planning & Zoning Meeting Date: lOll 0/07 AGENDA Heading New Business Item No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Review and Recommend Ordinance Re: Appeals to the City Council from Decisions made by the Community Appearance Board and Board of Adjustment DEPT. /DIVISION: Building Department Requested Action: Review and recommend to City Council proposed ordinance, appeals to the City Council from decisions made by the Community Appearance Board and Board of Adjustment. Summary Explanation & Background: This is a request to consider another avenue to appeal decisions made by the Community Appeals Board and Board of Adjustment. Currently all the decisions made by the Board of Adjustment and Community Appearance Board are final decisions. To appeal their decision, aggrieved persons must do so through the judicial process in a court oflaw. The proposed ordinance would provide an additional step before going to a court of law. There have been a couple of recent cases where the decisions of the Board of Adjustment have gone to a court oflaw. I - I I Exhibits Attached: 1) Proposed Ordinance I I Planning Official's Office Department I I I -.- ORDINANCE NO. -2007 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES CREATING AN APPELLATE REVIEW PROCEDURE FROM FINAL DECISIONS OF THE BOARD OF ADJUSTMENT OR COMMUNITY APPEARANCE BOARD TO THE CITY COUNCIL; MAKING CONFORMING AMENDMENTS TO CHAPTER 110, ZONING, CHAPTER 22, COMMUNITY DEVELOPMENT AND CHAPTER 98, SUBDIVISIONS; CLARIFYING THAT APPLICANTS ARE RESPONSIBLE TO PAY THE COST OF NOTICES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Cape Canaveral Board of Adjustment currently has certain final decision making authority under Chapter 110, Zoning, ofthe Cape Canaveral City Code regarding variances, special exceptions and administrative appeals; and WHEREAS, the City Code currently authorizes the Board of Adjustment to make various other final decisions, including, but not limited to flood plain administration, nonconformities, concurrency, zoning district boundaries, wireless telecommunication towers, stormwater management and signs; and WHEREAS, currently, parties seeking to appeal a final decision ofthe Board of Adjustment under the City Code generally must do so through the judicial process in a court of law; and WHEREAS, prior to seeking relief through the court system, the City Council desires to create an appellate procedure where, at the request of aggrieved parties, the City Council would act in an appellate capacity to review any tinal decision of the Board of Adjustment; and WHEREAS, the City Council desires to amend the appeal procedure set forth in Chapter 22 regarding appeals from final decisions of the Community Appearance Board to be consistent with the appellate procedure set forth herein for appeals from the Board of Adjustment; and WHEREAS, the City Council desires to make additional conforming amendments trJoughout the City Code consistent \vith the appellate procedure set forth herein; and City of Cape Canaveral Ordinance No. -2007 Page 1 of 9 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare ofthe citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Chapter 110 Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeotlt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE I. IN GENERAL * * * Sec. 110-2. Board of adjustment. *** (b) The board of adjustment shall have the powers and duties to consider th" approval of applications for special exceptions, variances, and administrative appeals under this chapter. *** ARTICLE II. PROCEDURE; LAND USE DECISIONS DIVISION 1. GENERALLY *** Sec. 110-27. Authority. (a) Unless otherwise provided in this chapter, the city council shall render all final decisions regarding rezonings and the board of adjustment shall render all final decisions regarding variances, special exceptions and administrative appeals. Final decisions of the board of City of Cape Canaveral Ordinance No. - -2007 Page 2 of 9 adjustment and city council shall be subject to appellate review as set forth in this division. *** Sec. 110-28. Due process; special notice requirements. * * * (b) In addition to any notice requirements provided by state law, all public hearings under this article shall be publicly noticed for at least ten calendar days prior to the date of the hearing. Said notice shall include the address ofthe subject property, matter to be considered and the time, date and place of the hearing. The notice shall be posted in the following manner: * * * (3) NotifYing, by certified mail, all owners of real property (including homeowner's and condominium associations) adjacent to and within 500 feet of the subject property. Applicants shall be solelv responsible for the costs incurred for notification under this subparagraph. *** Sec. 110-33. Appellate review. (a) Appeals from board of ad;ustment or community appearance board. (1) Any party aggrieved bv any final decision of the board of adiustment or the community appearance board made under any chapter of this Code shall have the right to appeal the final decision to the city council. (2) Any such appeal shall be filed with the city manager within ten ( 10) calendar days of the date of the final decision. The city manager shall schedule the city council's consideration of the appeal for the next available regular city council meeting and shall provide the party seeking appellate review with written notice ofthe date. time and location of said meeting. (3) The city council's consideration of the final decision being appealed shall be de novo. The city council shall hear and consider the evidence and testimony of any interested party and shall either affirm or reverse. wholly or in part. the decision of the board of adiustment or community appearance board. However. with respect to administrative appeals under section 110-40. the city council's de novo review shall be of the record transmitted to the board of adjustment by the building official. A concurring maiority vote of the city council shall be required for any decision made City of Cape Canaveral Ordinance No. - -2007 Page 3 of 9 by the city council under this section. (4) Failure of any aggrieved party to appeal to the City Council pursuant to this section shall be deemed a waiver of that party's right to iudicial review. (b) Avveals from city council. Any party aggrieved by any final decision of the city council made under this section shall have the right to file an appropriate action in a court of competent iurisdiction. Any party aggIieved b, any fillal dcci5ioll ofttc city coul1cil 01 Lozud of adjustll1Cnt IlIad.. Ul1dd tEo; chapter shall hav c the right to file an appropriate action in a court of competent jmisdictioll. * * * DIVISION 5. ADMINISTRATIVE APPEALS Sec. 110-40. Administrative appeals. * * * (f) The board of adjustment shall have the right to reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the officers from whom the appeal is taken. The concurring maiority vote of rom members ofthe board of adjustment shall be necessary for any decision made pursuant to this section to revelSC ally '-'ldcl, lcquilClhCllt, dccisivl1 vI dddl11iIlativl1 of the building official. * * * ARTICLE III. ADMINISTRATION AND ENFORCEMENT DIVISION 1. GENERALLY *** Sec. 110-87. Interpretation of chapter. It is the intent of this chapter that all questions regarding the interpretation and application of the provisions of this chapter shall be first presented to the building official and that such questions shall be presented to the board of adjustment only on appeal from the decision of the building official and that recourse from the decisions of the board of adjustment shall be to the city counciL Any appeal from a decision ofthe city council shall be to the courts as provided by law. It is rJrther the intent of this chapter that the duties ofthe city council in connection with this chapter shall not include hearing and deciding questions ofintcl}'retation and enforcement that may arise. City of Cape Canaveral Ordinance No. - ~2007 Page 4 of 9 The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter the city council shall have only the duties of: (1) Considering and adopting or rejecting proposed amendments or the repeal ofthis chapter, as provided by law; and (2) Establishing a schedule of fees and charges; and: (3) Deciding appeals from final decisions of the board of adiustment or community appearance board pursuant to its authority under section 110-33. Section 3. Conforming Amendments to Chapter 22, Community Development. Chapter 22, Community Development, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stIikcout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 22. It is intended that the text in Chapter 22 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 22. COMMUNITY DEVELOPMENT * * * ARTICLE III. COMMUNITY APPEARANCE REVIEW *** Sec. 22-46. Appeals and review. Any person(s) or the city aggrieved by a final decision rendered by the community appearance board may appeal the decision to the city council pursuant to the procedure set forth in section 110-33 ofthis Code. in ace01danee vvith the follOwing plOcedmes. The filing of an appeal undeI this section stitjs the action of the GOmmunity appcalanee boatd until it decision by the city council is lcndGled. (a) The agglievcd part)' lllitj, not lateI than ten eakllda1 days aftclleeciving notiec of final action by the community appCalanee boald, file with the city elelk a vvIlttcn lequest [01 an appeals healing bd01C the city council. (b) If a vv I ittenl cquest is filed ~ ithin the ten-day limit and as othCI vv ise pI () v ided abo v c, the city eouneils11a11 GOnsidcI the Iequest. TIN: city council shall heal and make.; a dctelmination on the appeal vvithin 30 days nom the date the vvIittel11cqucst fOI an <1l-,pcal is lccdvvd by tL., ""it) ""Llk. Th"" appli""allt stall L plu'\< id""J nuti"" ufth" "it, wUl.~il h~a1il1g at Last se\ ~l. days pliO! to the c6Uncil h""aling. City of Cape Canaveral Ordinance No. -2007 Page 5 of 9 (c) Thc city council shall hear and consider evidence offered by any inteIested pCIson to dctermine vvhether the community appearance board properly denied an application fD1 applOval in accmdance with the City Code and city comprehensive plan. The fmmal IUlcs of evidence do not apply. (d) The city council shall gIant m dCIly the appeal by majmity vote in accmdance with the council's quorum requirements contained in the City Charter. failure to reach a major ity vote vvillIesult in denial of the appeal. Any dispute of fact must be decided 011 the basis of a competent and substantial Cv idenec. The decision of the city council is final. (c) Judiciallevievv of any final decision undel this article shall be available only aftel the administrative plOeedurcs and remedics set forth in this section have been exhausted. Section 4. Conforming Amendments to Chapter 86, Concurrency Management System. Chapter 86, Concurrency Management System, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 86. It is intended that the text in Chapter 86 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 86. CONCURRENCY MANAGEMENT SYSTEM ARTICLE I. IN GENERAL *** Sec. 86-3. Appeals. (a) Except as otherwise provided in this Code, appeals from the decisions of the building official, concurrency manager, QLplanning and zoning board or city council making determinations under this chapter, including but not limited to a finding of concurrency deficiency, refusal to issue a concurrency compliance certification, project impact determination, refusal to issue a building permit, etc., shall be taken before the board of adjustment. Any such appeal must be filed in writing with the city clerk within 20 days of rendition of the decision in question, and the reasons for such appeal shall be set forth therein. The city clerk shall arrange for an appeal hearing before the board of adjustment, and the clerk shall notifY the appellant in writing of the date, time and place of the hearing. *** (c) The board of adjustment shall base its decision on the requirements of the city's land development regulations. The board shall make its decision based upon its usual voting procedures. The decision shall be issued in writing stating the reasoning involved, and it shall City of Cape Canaveral Ordinance No. -2007 Page 6 of 9 be rendered within 60 days of the close of the hearing. The decision of the board of adjustment may be appeal to the city council pursuant to section 110-33 of this code. No furthel administrative appeal is available beyond this stage, though the appellant Ietains the light of appeal thwugh the judicial sy stem as pIO v ided by 1.1 vv. Section 5. Conforming Amendments to Chapter 90, Floods. Chapter 90, Floods, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stlikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 90. It is intended that the text in Chapter 90 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 90. FLOODS * * * ARTICLE II. FLOOD DAMAGE PREVENTION * * * DIVISION 2. ADMINISTRATION *** Sec. 90-50. Variance procedures. * * * (c) Any person aggrieved by the decision of the zoning board of adjustment or any taxpayer may appeal such decision to the citv council pursuant to section 110-33 of this code eirettit em:trl. *** Section 6. Conforming Amendments to Chapter 98, Subdivisions. Chapter 98, Subdivisions, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 98. It is intended that the text in Chapter 98 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption ofthis Ordinance): CHAPTER 98. SUBDIVISIONS ARTICLE I. IN GENERAL City of Cape Canaveral Ordinance No. -2007 Page 7 of 9 * * * Sec. 98-5. Appeals and arbitrations. (a) Any person or persons, jointly or severally aggrieved by any decision of the board of adjustment; may appeal the decision to the city council pursuant to section 110-33 of this code, vvithin 30 days afte1 the date ofthe public healing at which thc dccision was 1cndc1cd, but not thc1 cafte1, apply to a court of competent jUl isdiction f01 app1 Op1 iate 1 did. *** Section 7. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 8. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 9. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 10. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No. - -2007 Page 8 of 9 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _ day of ,2007. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels SUSAN STILLS, City Clerk C. Shannon Roberts First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. - -2007 Page 9 of 9 Meeting Type: Planning & Zoning Meeting Date: IO/I 0107 AGENDA Heading Business Item No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Review and Recommend Ordinance Re: Regulating Platting Procedures DEPT. /DNISION: Building Department Requested Action: Review and recommend to City Council proposed ordinance Regulating Platting Procedures. SUlrmlary Explanation & Background: Recently the City began recording plats as approved. Upon submitting replats to the County Clerk for recordation there was additional information required prior to recording the plat. The revised ordinance is to address changes in the Florida Statues and update a clarify review procedures performed by the City. , Exhibit< Attaoh,d: I I I 1) Proposed Ordinance Planning Official's Office Department I ORDINANCE NO. -2007 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 98, SUBDIVISIONS, OF THE CAPE CANAVERAL CODE OF ORDINANCES; AMENDING AND CLARIFYING THE CRITERIA REQUIRED FOR PRELIMINARY AND FINAL SUBDIVISION PLAT REVIEW AND APPROVAL; CHANGING THE PROCEDURE FOR RECORDING FINAL APPROVED SUBDIVISION PLATS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council desires to clarify the requirements for consideration and approval of subdivision preliminary and final plats consistent with the requirements of Chapter 177, Florida Statutes; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 98, Subdivisions, of the Code of Ordinances, City of Cape C.anaveral, Florida, is hereby amended as follo\vs (underlined type indicates additions and .stlik""vut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 98. It is intended that the text in Chapter 98 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 98. SUBDIVISIONS ARTICLE I. IN GENERAL City of Cape Canaveral Ordinance No. -2007 Page I of 5 * * * DIVISION 3. PRELIMINARY PLAT Sec. 98-41. Information required. (a) The following information shall be provided to the city a minimum of 30 days prior to the meeting at which the subdivision preliminary plat will be reviewed by the planning and zoning board. * * * (4) Preliminary plat in a sufficient form that satisfies the platting requirements of Chapter 177. Florida Statutes, suffiGiGntl, GompktGd to bG IG('oldGd, sllol"Ving GasGmGnts, Gtc. * * * (6) Draft of protective covenants, whereby the subdivision proposes to regulate land use in the subdivision and otherwise protect the proposed development. If there is to be a homeowner's or condominium association established, copies of the articles of incorporation and the bylaws shall be provided. (7) A current title opinion of an attorney licensed in Florida or a certification by an abstractor or a title company showing that record title to the land as described and shown on the plat is in the name of the person or legal entity executing the dedication. The title opinion or certification shall also show all mortgages not satisfied. released or otherwise terminated by law. * * * Sec. 98-47. Time limit. The city council's approval of a preliminary plat shall be valid for a period of six months unless a one (l) time. If aIt apl",iiGallt 11a5 hut uL,talh,j <'to Cuhstmdiu!!}1'-" !uit, Ll.dl g,lal1h.J v111. six- month extension of timG has been granted by the city council for un a ddllu!1stlatiun vf good cause shown by the applicant. If the final plat approval is not obtained within the time period provided in this section, or madG final plat applO v .11 I"V ithin six months of the city council's preliminary plat approval, the Plcliminary plat apploval shall be revoked and the applicant must re-apply under the provisions of this chapter. Sees. 98-48--98-55. Reserved. DIVISION 4. FINAL PLAT City of Cape Canaveral Ordinance No. -2007 Page 2 of 5 Sec. 98-56. Conformance to preliminary plat. The subdivision final plat shall conform substantially to the preliminary plat, as approved by the city council pLmning and zoning bOald, and if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of this chapter. * * * Sec. 98-58. Data required for final approval. The subdivision final plat shall be drawn by the subdivider to conform to the requirements of the city council and thG boald of county GommissionGls for approval and filing with the county clerk. Six transparencies or printable copies of the final recorded plat shall be prepared by the subdivider for the records of the city and shall be submitted to the city clerk with all appropriate fees to enable the city clerk to record the documents in the public records ofthe county. The final plat shall comply with Chapter 177. Florida Statutes. and shall show the following: *** (4) Location, dimension and purpose of any easement. All platted utility easements shall provide that such easements also be for the construction. installation. maintenance. and operation of cable television services pursuant to the requirements and limitations set forth in Chapter 177. Florida Statutes. * * * (12) A current title opinion of an attorney licensed in Florida or a certification hv an abstractor or a title company showing that record title to the land as described and shown on the piat is in the name of the person or legal entity executing the dedication. The title opinion or certification shall also show all mortgages not satisfied. released or otherwise terminateciby law. CGltifica:tion oftitk showing that applicant is thc land O\1vnGI. (13) Dedication statement by owner dedicating streets, rights-of-way, including waterways and all sites for public use. The dedication must be executed bv all persons or legal entities whose signature would be required to convey record fee simple title to the lands being dedicated in the same manner in which deeds are required to be executed. The dedication shall include the name of the plat and the typed names of any witness. notary. or other person required to sign dedication. (14) All mortgagees having a record interest in the lands subdivided shall execute. in the same manner in which deeds are required to be executed. either the dedication contained on the plat Qr a separate instrllment ioining in and ratifying the plat and all dedications and City of Cape Canaveral Ordinance No. -2007 Page 3 of 5 reservations thereon. (+4-12) Name ofplatTitte, scale, north arrow and date on each sheet. The section, township and range shall appear immediately under the name of the plat on each sheet included. (+516) Cross sections and profiles of streets, showing grades approved by the city engineer. The profiles shall be drawn to city standard scales and elevations and shall be based on a datum plane approved by the city engineer. (17) The plat name must be identical to the name on the estimated tax as shown in the dedication. Sec. 98-59. Documents required prior to approval. The following items shall be required before subdivision final plat approval can be granted: * * * (5) Copy of receipt from the county tax collector showing all current taxes have been paid. (5.6.) Other data as necessary which shall be determined by the planning and zoning board. * * * Sec. 98-62. Recording. The city shall record approved subdivision final plats. The final plat shall be recorded with the county prior to any certificate of occupancy being issued for the applicable plat. The city manager shall be responsible for adopting administrative procedures for ensuring that all final plats approved by the city council are recorded within thirty (30) days of said approval. develop"l must lecold the subdivision final plat with thc county and supply the city with written ploof of the recording, befoI" a "CItifieat" of occupancy will be granted. Sees. 98-63--98-65. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. A 11 nr;or " 'H yu~. inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent ofthe conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. City of Cape Canaveral Ordinance No. -2007 Page 4 of 5 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _ day of ,2007. ROCKY RANDELS, Mayor ATTEST: For Against Bob Haag Leo Nicholas Buzz Petsos Rocky RandeIs SUSAN STILLS, City Clerk C. Shannon Roberts First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. -2007 Page') of 5