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Home My WebLink AboutP & Z Packet August 24, 2008Call to Order Roll Call NEW BUSINESS City of Cape Canaveral kNNING & ZONING BOARD MEETING AGENDA CITY HALL ANNEX 111 POLK AVENUE SEPTEMBER 24, 2008 7:30 P.M. Approval of Meeting Minutes: August 13, 2008. 2. Recommendation to City Council Re: Final Replat for Sea Shell Cay North Townhomes — John Johanson, Applicant. OPEN DISCUSSION 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 rendereri at_ this mr�o+inn +ham+ .n _____� _r "' ° °mss 11 per on `.%: iii i ieeu a record d of Li ie 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 evirlenre of nfhemise inadmissible d or it rete ;ani 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 Communitv 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 75 10 N. Atlantic Avenue e Post Office Box 326 ® Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 ® Fax: (321) 868-1247 a :a_ ' Vr rv"i%J. tity11Vr1U�C.cUlIll c Crape = email: ccapecanaveral@ctl.rr.com PLANNING & ZONING BOARD MEETING MINUTES AUGUST 13, 2008 A Regular Meeting of the Planning & Zoning Board was held on August 13, 2008, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:33 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Joh. � Fredrickson Donald Dunn Harry Pearson John Johanson Ronald Friedman MEMBERS ABSENT Lamar Russell OTHERS PRESENT Kate Latorre Barry Brown Susan Chapman Chairperson 1 st Alternate 2nd Alternate Vice Chairperson Assistant City Attorney Planning & Development Director Board Secretary The Board members and audience congratulated and applauded Kate Latorre for her success in being Board Certified by the Florida Bar in City, County, and Local Government Law. NEW BUSINESS Approval of Meeting Minutes: July 9 2008 Motion by Harry Pearson, seconded by BPP McNeely, to approve te mheetii g minutes of July 9, 2008. Vote on the motion rarriari 1 innnirnni ick„ 2. Recommendation to City Council Re: Resolution No. 2008-01 - Establishing a New Meeting Time of 7:00 p.m. for Regularly Scheduled Planning & Zoning Board Meetings Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of Resolution 2008-01, changing the meeting time from 7:30 p.m. to 1:00 p.m. 4'ote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes August 13, 2008 Page 2 3. Discussion Re: Hotels. John Johanson advised that the City's Business and Cultural Development Board performed a survey, with the University of Central Florida, in 2006. One of the survey questions asked what the citizens would like to see less of. The results indicated that those uses were: porn shops, tattoo parlors, adult entertainment, hotels, and condominiums. He noted that the number of hotels had substantially increased over the past few years; the growth of the Port and increase of tourism at the Port was protruding into the City; since residents who participated in the survey did not support more hotels, maybe it was time to support the citizens and encourage types of businesses that they need and want; otherwise, the City is just going to continue supporting the Port and ignoring its citizens. He asked the Board to consider not allowing any more hotels to be built in Cape Canaveral. He asked the members to be realistic and open minded in considering this issue. He explained that if an existing hotel has the room to expand or if a new hotel project was already in the works, then those would be reasonable. He stated that the hotels did not serve the citizens; to continue allowing more and more hotels to be built would be a disservice to the citizens of Cape Canaveral. Chairperson McNeely stated that it would be very drastic if the Board recommended that the City not allow any more hotels. She advised that two hotels were built since the new hotel ordinance, and she believed that the proposed hotel that was presented by Mr. porter met the requirements of that code. She suggested that the members consider how if they wanted the hotel ordinance to be changed, or if they wanted to ban hotels. She explained that the City has certain zones, within those zones were certain allowable uses; there may be problems when the City does not allow a certain use that has been allowed before, which may be consider a taking. She voiced her concern that there may be a property owner that has held onto their property planning to build a hotel on it when it was economically feasible, and for the City to say no they can't have a hotel would not be very fair. She advised that the City worked very hard and long hours, with a lot of thought and discussions, to write the ordinance and she was going to defend it because, there was nothing wrong with the hotels that have already been built. She disagreed that the hotels did not support local businesses. She noted that the City was becoming a tourist City and over 50% of residential units were rentals. Harry Pearson disagreed that the hotels did not support the City. He exr)lained that office "type businesses only supported themselves, hotels benefited the Other businesses. Planning & Zoning Board Meeting Minutes August 13, 2008 Page 3 Ron Friedman advised that there was another hotel project in the works at Puerto Del Rio. He advised that they will be proposing a zoning change for a 150 unit hotel on five acres, including a stand alone building on an out parcel for a restaurant. He commented that before the Board even considers changing the codes, he would like to see a detailed report as to what impact more hotels or not having more hotels would have. He agreed that the guests of the hotels did support local businesses. Harry Pearson requested to see statistics, rather than consider someone's idea. He did not agree that hotels do not support local businesses, because some of the citizens who live in the City are employed by the hotels and local businesses that the hotels support. He agreed with Ron Friedman that there should be a survey performed to find out what the impact is and see how much business the hotels were providing. He further requested that the Board be provided an overall plan for the entire City, including: condominiums, hotels, office buildings, etc. Barry Brown, Planning & Development Director, advised that he and his staff, Susan Chapman, were not in the position to perform hotel economic impact studies. He suggested that as a group, the members may want to talk to a local economic development council or a tourist development council that could provide them certain numbers that may be germane to their discussion_ He commented that when they go through their visioning sessions, which should start sometime in nctober, they could look at some of the issues, in total, at that time. Donald Dunn advised that the City has a lot of rental units and condominiums which the citizens who participated in the survey did not want any more of those either. He questioned if the Board should consider not allowing any more of them being built. He voiced his opinion that he did not see a reason to change the codes, unless there was a problem they were trying to resolve. Chairperson McNeely asked John Johanson if he could find out what the economic impact is for a hotel. Donald Dunn suggested that the next hotel project provide an economic impact study, since they may have already performed one or they wouldn't build it. Ron Friedman suggested asking the Business and Cultural Development Board if they hada any information Barry Brown offered that staff could provide the members with a list of various agencies that may have the information. He informed the members that the Business and Cultural Development Board would be meeting on August 20th. Planning & Zoning Board Meeting Minutes August 13, 2008 Page 4 John Fredrickson inquired if the Board could recommend a moratorium on hotels for the City to perform a study on this issue. Kate Latorre, Assistant City Attorney, advised that a moratorium would be appropriate for the City to perform a formal study on this issue. Chairperson McNeely gave a recap of the discussion. She advised that the City needed to have a visioning session regarding what the City wants. Joyce Hamilton, citizen, stated that it is important for the City to provide family oriented businesses to bring families into the City. Ray Osborne, citizen, commented that if the City looks at what it already has, identified which uses support it, then it may give the Board a vision of its future. _OPEN DISCUSSION No discussion was held. There being no further business the meeting was adjourned at 8:36 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary APPLICATION FOR PLAT REVIEW DATE OF.SUBMITTAL: ' Wad FIP F I (NOTE: SUBMITTAL MUST BE SUBMITTED A NlIlNllJTJM OF 30 DAYS PRIOR TO THE PLANNTD!G & ZONING NIEETING; PLAT MUST IVIEET THE REQUaEi�1ENTS OF SECTION 98-41 THROUGH 98-62). T IS THIS A PRELaiffNARY PLAT3 R7 -PLAT, OR. FLNAL PLAT? F,2,'mj AMOUNT OF FMD,'�G FEE PAID: S 3 ° 5D AMOUNT OF- ELNGLNEERING DEPOSIT PAID: S ?00, DIDBREVARD lCOUl"qTY. GEO ' GRrA- .PH IC -- RESEARCH. DIVISION APPROVE --THE-,- ---------- Rt -0-t- E IF APPLICABLE? (NOTE: THIS NEEDS TO BE DONEPRIORTO SU-BINEITTAL). YES — NO N.A. PROJECT NA.TNIE: S (f c PROJECT ADDRESS: 009 L,), '-EGAL. DESCRIPTION: 72 ) -";ER(S) NA --NM- : 'WINIERL%�(Lcj) ADDRESS.- 'ROJECT ARCH.ITECT/EiNGD-,EiER: 'H 0 --,q-E. YYO. OF A_p, C HI TEC T/ -FN E -PPLICANT(S) SIGMA OWNER/AGENT F3-- T -r -Grp Ve -7:3— -F- C HOINNE NEER OF L July 15, 2008 City Of Cape Canaveral Respectfully request review of Final Plat concerning property on Sea Shell Lane, Cape Canaveral Florida. The Opinion of Title will be ordered when this review is placed on the agenda for the City Council, and be available for the City Council meeting. Enclosed please find the application, copy of Warranty Deed, copy of Joinder and Consent, proposed Party Wall Agreement and a stamped sheet of the Replat with 14 copies. Thank you, John Johanson, Managing Member For Tripple J Investments, LLC MEMORANDUM TO: Susan Chapman Building Department FROM: Jeff Ratliff Assistant Public Works Director City of Cape Canaveral 868-1240 DATE: 07/21/08 RE: Sea Shell Key North Final Re -plat — Party Wall Agreement Public Works has reviewed the re -plat submittal for the referenced vacant property and has no comments. Page 1 of 1 Susan Chapman From: John Cunningham Dcunningham@ccvfd.org] Sent: Thursday, July 31, 2008 4:17 PM To: chapman-cape@cfl.rr.com Subject: RE:Sea Shall Cay North / Final Replat Susan, We have reviewed the plans and have no comments at this time. Thanks Under Florida Statute 668.6076, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. This message contains information which may be privileged, confidential, or otherwise protected from disclosure and is intended only for the individual(s) named. If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender by reply e- mail and destroy the original message and all copies. Messages sent to and from us may be monitored. (v.1e) 08/01/2008 August 1; 2008, Mr. Barry Brown Planning and Development Director City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 RE: Final Plat Review — Sea Shell Cay North - Review #1 SSA _lob No. 05-0025; Task 080.1003 Dear Mr. Brown: SSA has reviewed the submitted final plat for the above referenced project. Based on our review, SSA recommends said plat for City approval. I spoke with Mr, John Johanson on 8-1-08 (on the phone), he assured ripe that there was no need to have a reference on the plat, as to deed restrictions, i.e. party wall agreement, yard maintenance, access to lot 2, etc_. , because the restriction (declaration) were not going to be record,:�d at the time of recording the plat. The platted land may be use in a different configuration in the future an;1 the restrictions could have no bearing on the property. in addition 1 have agreed to review the Title Opinion at the time I sign the plat, due to the length of time that the Title Opinion will be valid. 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. Sincerely, VUViU r1WV iTe$,- Chief Sur.!,bOr DRJ:jls Cc: Susan L. Chapman City Engineer's Review Fee for Review #1 — $500,04 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City UOiltiaCt, Engineering Fees for all reviews atter 2nd review will be billed at $95,00 per hour. SI'OTTI-ER STAGG & ASSOCIATES ARCHITECT'S ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321.7837065 LO,ic)a iotlo.,, e\rj. y, rtsk r e?nOH-e,, shell cay noonh fira! pP ,, WW9? #FB0(M762 ii ii P(WY1r7nn Party Wall Agreement U49 88113 8813, And 8815 Seashell Lane Cape Canaveral, Florida This Declaration made this day of whose mailing address is P.O. Box 301, Cape Canaveral, Florida, 32920, hereinafter referred to as the "Declarant", Tripple J Investments, LLC. WITNESSETH: WHEREAS, Declarant is the owner of certain real property located and lying and being in Brevard County, Florida, and more particularly described as; Lots 1, 2, and 3, SEA SHELL CAY NORTH, according to the Plat thereof as recorded in Plat Book at Page of the Public Records of Brevard County, Florida, Previously recorded as; Lot 3, HARBOR HEIGHTS WEST, located in Section 14, Township 24 South, Range 37 East, in Plat Book 48, Page 31, of the Public Records of Brevard County, Florida. NOW THEREFOR, Declarant hereby declares that all of the properties described above be held, sold, and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run Mth, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof, to wit: 1. The foregoing recitals are declared to be true and correct and by reference are incorporated herein and made part of hereof as is fully set forth. 2. There is hereby created in favor of each owner or purchaser, and their heirs, successors and assigns, an easement covering party walls to be placed equally on the line separating the dwellings to be erected and the property subject thereof. 3. The cost of maintaining the party wall shall be borne equally by the owners on either side of said wall. 4. In the event of damage or destruction of said wall from any cause, other than the negligence or intent of either party, the then owners shall, at joint expense, repair or rebuild said wall and each party, heirs, successors and assigns, shall have the right of full use of said wall so repaired or rebuilt. If either party's negligence or intentional act shall cause damage to or destruction of said wall, such negligent or williul party shall bear the entire cost of repair and reconstruction. 5. Neither party shall alter or change said party wall in any manner, interior decoration excepted and said party wall shall always remain the same location as when erected, and each party to said common or division wall shall have perpetual easement in that part of the premises of the other on which said party is located, for party wall purposes. 6. The easements, agreements and restrictions hereby created are and shall be perpetual and construed as covenants running 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 each and every purchaser is also bound by the provisions herein contained, and each and every purchaser by accepting a deed to any lot shall hereby consent and agree to be bound by the convents herein contained to the same extent as though he had signed this instrument. The undersigned, in executing and delivering deeds to said lots shall insert in said conveyance, by reference that the same are made subject to the terms, conditions, reservations and covenants herein contained_ For the breach of any of the above restrictions, reservations, easements and covenants, each party shall be entitled to apply for relief by injunction in addition to any other remedy available to them in lave or equity. 7. This declaration shall ensure to the benefit and apply to any existing or subsequent mortgage holders on the premises described herein. 8. Fainting of exterior of units shall be subject to approval of all parties and all units shall have matching color of body and trim. 9. Any roof damage, replacement or repair mztc shall be borne by all parties in all units, other than the negligence or intent of any party. if any party's negligence or intentional act shall cause damage to or destruction to the roof, such negligent or willful party shall bear the entire cost of repair. 10. Lot 2 shall be granted reasonable access to rear of building from lots 1 and 3. if a fence is installed between lots, it shall have a minimum 36" gate in the Utility easement. 11. Property owners shall maintain yard in a neat and clean manner. IN WITNESS WHEREOF, this Declaration Es he"t_ng executed this Day of Sian Name Print Name Sign Name Sign Name Witness By: Print Name Print Name 92W JOINDER AND CONSENT The undersigned, Coastal Bank, owner and holder of that certain Mortgage dated October 4, 2005 and recorded in Official Records Book 5565, Pages 5944 through 5963, modified by Mortgage Modification recorded in Official Records Book 5652, Page 7607, of the Public Records of Brevard County, Florida encumbering the subject property, does hereby consent to and joins in all respects in and to that plat of SEA SHELL CAY NORTH. In witness whereof, said Mortgagee has hereunto set its hand and seal this 26th day of June, 2008. Signed, sealed and in the presence of: STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this 26th day of June, 2008 by R. Paul Johnson as President of Coastal Bank, on behalf of Coastal Bank. He is personally known to me and he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily. _ t My Commission Expires CARRIE M. GOOLSBY my ph Nk- Strap � E>Atg25,20i� coir mission # DD 344853 "s- C3F £E pec° Bonded By, atk i 1 NotaryAsan. a '+nunN PREPARED BY AND RETURN TO: RENEE CHISHOLM TOWN & COUNTRY TITLE, INC. 1227 S. Patrick Dr., Suite 105 Satellite Beach, FL 32937 File No. 10857 TAXPARCELEDNO. 24 37 14 30 00 3 CFN 2005408430 11-16-2005 12:48 pm OR Bookmage: 5565 / 5942 Scott Ellis -- Clerk Of Courts, Brevard County #pgs: 1 #Names:2 Trust: 1.00 Rec: 9.00 Serv:0.00 ^- 1,890.00 _xcise:0.00 Mtg: 0.00 Int Tax: 0.00 WARRANTY DEED r w THIS INDENTURE, made the 4th day of October, 2005, between RCI BUILDING AND DEVELOPMENT INC., a Florida corporation ("Grantor%, and TRIPPLE J INVESTMENTS, LLC, a Florida Limited Liability Company (Taxpayer/.D. Numbers: I whose mailing address is 310 Adams Avenue, Cape Canaveral, FL 32920 ["Grantee). (Wherever used herein the terms 'gmrrtor' and 'grantee" include a4 the parties to this instrument and the heirs, legal rePres—tatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: That said Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Brevard County, Florida, viz: Lot 3, HARBOR HEIGHTS WEST, according to the Plat thereof, as recorded in Plat Book 46, Page 31, Public Records of Brevard County, Florida. SUBJECT TO taxes for 2003 and subsequent years. SUBJECT TO zoning, restrictions, prohibBions, and other requirements imposed by governmental outhoriy; restrictions and matters appearing on the _plat or otherwise common to the zuh- division, and public utility easements of record- this reference to said restrictions shall not operate to reimpose the same. TOGETHER with all the tenements, hereditaments, and appurtenances thereto belonging or in anywise, appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simole; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claim of all persons vrhomsoever; and that said land is bea of all encumbrances. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents. tgtre Led and dddierred in the p of n Y William f Wimc Tj�y/p)e�dRriinn)d Name teed Nam, of Wits: te Wimrss F�j SEANNA J. S0RRELL Typed/Pdno SMATE OF FL COUNTY OF HREVARD RCI BUILDING AND DEVELOPMENT, INC. a Florida corporation 01 By: ad, �— WENDY SCAN14ELL, President Address: 2458 Long Sandy Circle, Merritt Island, Fl, 32952 (Corporate Seal) The foregoing 1%rarranty Deed ums acknos,defied before me this 30th day of September, 2005, by WENDY SCAPTrrt—CL, as President NI HUlI-DrrdC AM) D,EE.:.OFNM:r: INC a Florida corporation, on behalf of said corporation Vo is/are personally known to me, or ❑ who has/have produced driver license(s) as identification, or 171 who has/have produced ////// as menti e—n- Tmt i m[ChisWm _ Commi/sioa iiDD207ih_! [NOTARY RUB 81thres: May 30.M Notary Public _ Boalled Tbm Typed/Printed Name of Notary: kdifi& Bonding Co., lnc. C'-ommission Number: My commission expires: Warranty Deed Page 1