HomeMy WebLinkAboutP & Z Mtg. Packet 10/10/07
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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: ccapec8....Tlaveral@cfl,rr,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
Todd Peetz City Planner
Susan Chapman Board Secretary
NEW BUSINESS
1. Approval of Meetinq Minutes: Septernber 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 Parkinq
Requirements for Resort Dwellinq Units.
Chairperson, Bea McNeely reviewed the documents contained in the Board
packet. City Planner, Todd Peetz, gave an overv'iew 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.
(J>
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
requirements should be left the way they already were. Harry Pearson
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 dweiiing 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 allow 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.
(f5)
"""
Planning & Zoning Board
Meeting Minutes
September 26, 2007
Page 3
OPEN DISCUSSION
Ron Friedman advised that the Bayside development was issued a final
certificate of occupancy without the property being built according to the
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
W
Meeting Type: Planning & Zoning
Meeting Date: 10/10/07
AGENDA
I-leading New Business
It,rn i9'#2-
No.
AGENDA REPORT
PLANNING & ZONL~G 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. /DNISION: Building Department
I Requested Action: I
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.
Sunuuary Explanatiou & 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 oflaw. There have been a
couple of recent cases where the decisions of the Board of Adjustment have gone to a court oflaw.
Exhibits Attached:
1) Proposed Ordinance
Planning Official's Office Department
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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, of the 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 reliefthrough 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 final 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 ofthe 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
throughout the City Code consistent with the appellate procedure set forth herein; and
City of Cape Canaveral
Ordinance No. _-2007
Page 1 of 9
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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 ofthe City Council ofthe 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 s!lihotlt type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Chapter 11 O. 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 adjusllnent shall have the powers and duties to consider thG "l'I-'w",1 vf
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 adjusllnent shall render all final decisions regarding
variances, special exceptions and administrative appeals. Final decisions ofthe board of
City of Cape Canaveral
Ordinance No. _-2007
Page 2 of 9
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adiustment and city council shall be subiect 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 solelvresponsible for the costs incurred fornotification
under this subparagraph.
***
Sec. 110-33. Appellate review.
(a) Avveals from board of adiustment or communitv avvearance board.
(I) Anv party aggrieved bv anv final decision of the board of adiustment or the
communitv appearance board made under anv chapter ofthis Code shall have the
right to appeal the final decision to the citv council.
(2) Anv such appeal shall be filed with the citv manager within ten (10) calendar davs
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 citv council meeting and
shall provide the party seeking appellate review with written notice of the 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 testimonv of any
interested party and shall either affirm or reyerse. whollv 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 adiustment bv the building official. A
concurring maiority vote of the city council shall be required for anv decision made
City of Cape Canaveral
Ordinance No. _,2007
Page 3 of 9
1M
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bv the citv council under this section.
(4) Failure of anv aggrieved party to appeal to the Citv Council pursuant to this
section shall be deemed a waiver of that partv's right to iudicial review.
(b) Ar<peals from citv council. Anv party aggrieved bv anv final decision ofthe citv council
made under this section shall have the right to file an appropriate action in a court of
competent iurisdiction.
Au)' pUll] aoeJ.l"~cd by ful) .Gual J....lv~.J~Oll O[ill(.. ,,~tJ lvvuuGlI 61 bOd..iJ v[ adjtl3ttllGuluwJ..... ulldGl this
d.iapt.....l ,)lwll IwvG tn" Jigl.!t to.Gh.. au al-"Pl0pl~at(.. (h..t~vu ~n a '-oult of vvulpGtGlrtj6.l~~J~d~on.
* * *
DIVISION 5. ADMINISTRATIVE APPEALS
Sec. 110-40. Administrative appeals.
* * *
(I) 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 ofthe officers from whom the appeal is taken. The concurring
maioritv vote of f\'lUIlllClllbGLI "fthe board of adjustment shall be necessary for anv decision
made pursuant to this section to 1(.." (,J.>=I(.. an) oldGJ., l\,.l\fui!GfilGllt, dGG;,);Oll 01 dGtGuu~J.wt~vll
of thG building "ff.c;al.
***
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 oftlcial and that recourse from the decisions of the board of adjustment shall be to the citv
council. Anv appeal from a decision ofthe city council shall be to the courts as provided by law. It
is further the intent of this chapter that the duties of the city council in connection with this chapter
shall not include hearing and deciding questions of ilrtGlplGtat;un and enforcement that may arise.
City of Cape Canaveral
Ordinance No. _-2007
Page 4 of 9
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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 offees and charges; and;
(3) Deciding appeals from final decisions of the board of adjustment or community
appearance board oursuant to its authority under section 110-33.
Section 3. Conforming Amendments to Chapter 22, Commnnity 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 .\tlik-GMt 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 ofthis 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 of this Code. ;u it~w,dauGG ,lith t1,~ fvllv"inll ploG~du,~o. Th~ ['1'''5 v[ au appud
dud"l t11~6 6......vt~VH ~tfi)3 ill" aGt~ou v[tl.l'-' \"<onlll1u-u~lJ upp......'uulKG boAtJ uHl~l a dGd~~VH LJ the, cit)
GOuu......a ~3 H....udGIGd.
((.I.) ThG ag.gl;(,vGJ pUll) H.lU], Hot latGJ. tlwu t......u ,",uk-udal dUJ3 ufkl1GGGL";U5 Hut;,,, affinal
w.....t;VH by [LoG GOuuuuu;t) upP,,",u1u1lGG hOfuJ, .&1..... n;th 111" Gi.ll ,....l......lk a hlrttGu 1......1,..1'..1......3t fol an
appu'/;, l'v=inll bdolG thG Gity ~vtll1dl.
(1:,) Iia "littenlcqd~;,t i;. ['led "ithin thc k!, Jay limit and a;, ot1.<Ol "isc plo,idGJ ab,;.c, th~
GitJ Gvtllldlshall GOll5kkl i:h~ '~'1tlG.\t. Th~ Gity c6tlnGii shail hUll dud n.akc a cldGuu;,lation
on th~ appGill within JO dAy;' h6nl thG dak 11,~ nlittCh leqtlcst [0, iulllppcal is ICGG;,cd by
thG dry delk, T1,G djJjJl'~a,llshal1 b~ pi 0 \ idcJ uvti~c ofth~ Gity Gvuudl heat inll;rl !GMt .\~, Gn
days pliol to H,c wd11~il hGating.
City of Cape Canaveral
Ordinance No, -2007
Page 5 of 9
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(G) TI.G Git} Gotll1dl sh.xIlI.G", and GOllsidG. ~,idmGG offc!Gd l.,} all) illtG!GslGd l'G.son to
dGk.mir.G "heth.;;! IllG GOHHHllfiil) appGM"H~~ boa!d pI ope.!] dGllid Ml appl!G"I;OIl fm
"1'1',0,,,1;<1 aeeoldanee "ill. tl,c Cil) CodG M,d ~;ry COlllpldleh.\;,c plM. The ro!",,,1 wk.\
of G,ideHGG Jv Hot appl}.
(d) The dry COu!,c;J ,hllll glllnt 01 dCH] the IIppGal by Hwjvlit} lole IH ,,~coldallCG ,,1111 the
COUllCil', CjtlOldllllCCju;.G",cnts GOlllal.wd;H tl,G City ChaJle.. F"imlG to !c"eh"majolit} ,ote
,,;11 .~,ull ;n dGnial of t1,G "1'1'~"1. All] d;';l'uk vf f"d lild.\l b~ Jaidcd on tl,~ b",;, vf"
GOu.lpd'-'JJ:t auJ .:>ub3t.1lltlftl Gv ~J\.<H""'G. TIK d(.,,~j,~uu u[ thG. (''It)' GOu.U\.,~l 13 fill.::..l.
(e) JuJ;~;aIIG,lel\ of "h] hH,,1 dCGIsion uHd~. tl.;, ",t!GIG sl,,,1I b~ u,ailal.,k Oul] "ft~. tl,~
adHJ~H;.:>tHtt; v v pI OCGa.lil (,,3 duJ H.duGdiG3 3d [o.dll ;u tL;3 3GGtlOu lw v '-' DGGll (..~dl,'u..j.St.....J.
Section 4. Conforming Amendments to Chapter 86, Concnrrency 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 sl1ikcout
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 01 dl] C0UH~;] 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 ofthe 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
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be rendered within 60 days of the close of the hearing. The decision of the board of
adiustment mav be appeal to the citv council pursuant to section 110-33 of this code. No
fiu thel "&,,;,,;;[,,,ti. G appGal ;, '" ail1tbk bG) o"d this stagG, t1,otlgh thG appdlmrt Ictains tho
tight ofappGal t1"ough t11G jdd;G;,,1 0) stem as p,o.;ded b) 111...
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 ;t,;J,wut type indicates deletions, while asterisks (* * *) indicate a
deletion from this Ordinance oftext 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 n. FLOOD DAMAGE PREVENTION
***
DIVISION 2. ADMINISTRATION
***
Sec. 90-50. Variance procedures.
***
(c) Any person aggrieved by the decision ofthe zoning board of adjustment or any taxpayer
may appeal such decision to the citv council pursuant to section 110-33 of this code eiretrit
eoort.
***
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 sl1ikeout 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
Ciiy of Cape Canaveral
Ordinance No. _-2007
Page 7 of 9
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***
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
codc, "ithil1 JO dap "fkI tllG datG ofth~ jJubliG hGaling at "hidl thG dc,,;,;on "il3lClhklCd,
Lut Hvt 1b"'H"a.tk,1, ltppl)' to<< \,.-Vl.llt of COUJ-}lvh...utjl.lI1.sdlGtlou [VI upplopl1ak l,.J~l"..J.
***
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
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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 fonn 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
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Meeting Type: Planning & Zoning
Meeting Date: 10/1 0/07
AGENDA
Heading New Business
..t,
Item W'~
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.
Sununary Explanation & Backgrouod:
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.
Exhibits Attached:
1) Proposed Ordinance
Planning Official's Office Department
~>'1 f3'
-' I, 3' CD
lJeVr~
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, ofthe Code of Ordinances,
City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions
and 6l, ;hwul type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
oftext 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
Oidinance No. -2007
Page 1 of 5
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* * *
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, stlffiddllly cvwpkkJ Lv L~ .~cotdul, 61.v"il'5
(,a6""'11I.dlb, "",h.,.
***
(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 bvan
abstractor or a title companv 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 bv 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 (n tim\;.-. If a.u appl~""'a1it 11a611vt vlAa.;l1"",J a. "",vl1~huGtioll pdlU;t, 1,1,...1,...11 ya.uk,d 611G six-
month extension vf t~UIG has been flranted by the city council for UH a. J~lHvH~b.atlOll vf good cause
shown bv the applicant. If the final plat approval is not obtained within the time period provided in
this section, v. ..lade final plat applv,,,1 ,,;tl.;.. oix lllolllhs of the city council's preliminary plat
approval, LI,~ p.~I;b';H<uy pl"L "ppw , "I 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
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Sec. 98-56. Conformance to preliminary plat.
The subdivision final plat shall conform substantially to the preliminary plat, as approved by
the city council pla""j"" 1\h,i Lo!,i!>!; \"ua,J, and if desired by the subdivider, it may constitute only
that portion ofthe approved preliminary plat which he proposes to record and develop at the time;
provided, however, that such portion conforms to all requirements ofthis 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 a"J tl,,, \"ua,J uf wu"t] CO!i>lllj""ju""", 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 t.~e city clerk to record the docu.l'11ents in the public records of the count-yo The final plat
shall comply with ChaPler 177. Florida Statutes. and shall show the following:
* * *
(4) Location, dimension and purpose of any easement. All platted utilitv easements shall
provide that such easements also be for the construction. installation. maintenance. and
operation of cable television services pursuant to the reclUirements and limitations set forth
in Chapter 177. Florida Statutes.
* * *
(12) A current title opinion of an attornev licensed in Florida or a certification bv an
abstractor or a title companv 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
ternlinated bv law. C'-'J.l;L\..-ul;UH uftitk ~llvvv;uo t1wl appliGd!1l 15 till"" lauJ vvvw.....l.
(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 convev 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. notarv. or other person
required to sign dedication.
(14) All mortgagees having a record interest in the lands subdivided shall execute. in tlle
same manner in which deeds are required to be executed. either the dedication contained on
the plat or a separate instrument ioining in and ratifying the plat and all dedications and
City of Cape Canaveral
Ordinance No. _-2007
Page 3 of 5
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reservations thereon.
(+412) Name ofplat'fitle, scale, north arrow and date on each sheet. The section. township
and ranf!e shall appear immediatelv 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.
(] 7) 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) Copv of receipt from the county tax collector showinf! all current taxes have been paid.
(52.) 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 anv certificate of occupancv beinf! issued for the applicable plat. The city
manaf!er shall be responsible for adoptinf! administrative procedures for ensurinf! that all final plats
approved bv the city council are recorded within thirty (30) davs of said approval. J",,,lup'" mu,[
IGG6Id thG 5d.LJ~v~,,;vu Gual pIal vv;th th,,-, Gvuuty auJ .:n..lPpl) th"" G;ty vv;tL YV.l;lku ploof vf th",
IGGordlllg, Ll....fvl\,,, a ,,'-'it;L\<ak vf v(.Gtlpdl1(..Y vv;U L... i5.laukJ.
Sees. 98-63--98-65. Reserved.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent 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
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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 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 5 of 5
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