HomeMy WebLinkAboutP & Z Board Packet 2-11-09LANNING & ZONING BOARD MEETING AGENDA
CITY HALL ANNEX
111 POLK AVENUE
FEBRUARY 11, 2009
7:00 P.M.
Call to Order
Roll Call
NEW BUSINESS
1. Approval of Meeting Minutes: January 14, 2009.
2. Electioi i of Chairperson and Vice Chairperson.
3. Recommendation to the City Council: Proposed Ordinance Amending
Chapter 98, Subdivisions, Relating to Plats; Amending and Clarifying the
Criteria Required for Preliminary and Final Subdivision Plat Review and
Approval; Providing a Procedure for Review and Consideration of Lot
Splits; Providing for the Repeal of Prior Inconsistent Ordinances and
Resolutions - Kate Latorre, Assistant City Attorney.
OPEN DISCUSSION
AVOWG7S1_7N
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
ci ir'h ni irnnca that narcnn may naari to anec ora that a warhatim ror�rri of tho r,rnroorlinrvc is
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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.
7510 N. Atlantic Avenue ® Post Office Box 326 ® Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • Fax: (321) 868-1247
www.myflorida.com/cape $ email: ccapecanaveral@cfl.rr.com
Date: February 4, 2009
To: Planning and Zoning Board members
From: Barry Brown, Planning and Zoning Director
RE: February 11, 2009 P&Z Board Meeting
We have two action items on the agenda for this meeting. The first item is the election
of Chairperson and Vice Chairperson. The second item is an ordinance that amends
our code regarding the subdivision of land. Specifically, it requires that all subdivisions
of land be approved by the City Council by plat or by a newly created lot split procedure.
In the past, land has been subdivided by property owners without review and approval
by the City. This has resulted in lots that do not have the size and configuration to
properly accommodate future development and creates access management issues
such as too many curb cuts (driveways) and a lack of cross access from one parcel to
another.
Under the new ordinance, all subdivisions of land will be reviewed by Staff and
approved by the City Council either by ordinance or resolution. If the subdivision of land
creates more than one additional lot, the subdivision must be done by plat and
according to the platting procedure. Proposed plats will be taken to the Planning and
Zoning Board for review and recommendation and adopted by ordinance by the City
Council. In order to expedite the creation of a single additional lot, a one-time lot split
procedure is also being created. A proposed lot split would be reviewed by Staff and
approved by the City Council by resolution. These are much needed revisions to our
code and will serve the community well.
Visioning Update
We are at the point in the Visioning process where we need to select a Citizens'
Visioning Committee. The purpose of the Citizens' Visioning Committee is to oversee
the visioning process and create a true citizens' ownership of the visioning and its
results. The Citizens' Visioning Committee is a group of 7 to 12 Cape Canaveral
volunteers who have demonstrated an interest in the City's future. The Committee will
be comprised of business, civic and government leaders, as well as other interested
parties who will champion the process and elicit participation and support from the
community.
The Committee should as best as possible represent the major stakeholder groups
within the City. Committee members should be persons who live, own property, or
operate businesses within the City. They should also have a standing in the Community
that will lend credibility to the visioning.
The primary responsibilities of the Citizens' Visioning Committee include:
• Assist in identifying the Community's key stakeholders
• Invite participation of these Stakeholders in the Visioning Process
• Host and Participate in all Visioning Workshops
• Identify with City Staff the key outcomes of each Visioning Workshop
• Communicate the results of the Visioning Workshops to the City Council
• Encourage the implementation of the Community Vision.
The process for selecting the Citizens' Visioning Committee was discussed at the
Council meeting on Tuesday Feb. 3, 2009 and will be formalized at a Council Workshop
on Thursday Feb. 12, 2009 at 5:30pm.
Staff is proposing that the Business and Cultural Development Board serve as the core
of the Committee. Several other members will be added with an emphasis on providing
the greatest representation of the various stakeholder groups. The BCD Board will
meet on Tuesday February 10, 2009 at 3pm to discuss their participation on the
Citizens' Visioning Committee.
Recommendations from the City Council and others will be submitted to City staff. Staff
will make selections and after prospective candidates have been vetted and contacted;
the final committee membership will be ratified by the City Council.
See the attached sheet for recommendations to the Citizens' Visioning Committee.
Cape Canaveral 2050
Our Community's Vision of its Future
Recommendations for Citizens Visioning Committee
Please identify individual(s) you would like to recommend be selected to serve on the
Citizens' Committee. Please provide names of people representing the following four
areas of interest that you believe would be qualified and willing to serve:
Business Leaders
Please nominate individuals who represent a variety of types and sizes of businesses.
Examples: Small business owner, Executive in a large business, a Developer who has
experience in Cape Canaveral, etc....
2.
3.
Civic Leaders
Please nominate individuals who represent civic organizations vital to the future of Cape
Canaveral. Examples: United Way, School/ PTA affiliation, Neighborhood or Condo
Association, Service Club, i.e., Kiwanis, Leader of a Place of Worship, VFW,, etc.
1.
2.
3.
Government Leaders
Please nominate individuals who represent key government agencies in Cape
Canaveral. Examples: Leaders of a School, Public Safety Agency or the Port
Canaveral Authority, etc.
1.
2.
3.
Residents
Please nominate any other individual you believe would be qualified to serve on the
Citizens' Committee
2
3
PLANNING & ZONING BOARD
MEETING MINUTES
JANUARY 14, 2009
A Regular Meeting of the Planning & Zoning Board was held on January 14,
2009, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida.
Chairperson Bea McNeely called the meeting to order at 7:00 p.m. The
Secretary called the roll.
MEMBERS PRESENT
Bea McNeely
Lamar Russell
John Fredrickson
Donald Dunn
Harry Pearson
John Johanson
MEMBERS ABSENT
Ronald Friedman
OTHERS PRESENT
Susan Chapman
Kate Latorre
Barry Brown
NEW BUSINESS
Chairperson
Vice Chairperson
1 st Alternate
2nd Alternate
Board Secretary
Assistant City Attorney
Planning Director
1. Approval of Meeting Minutes: November 12 2008.
Motion by John Fredrickson, seconded by Harry Pearson, to approve the
meeting minutes of November 12, 2008. Vote on the motion carried
unanimously.
2. Recommendation to City Council Re: Villagio Del Mar Final Replat -
(Replat of Block 6, Lots 2 & 3, Avon by the Sea Subdivision (603 605 &
607 Washington Avenue) - David Welsh Applicant.
Kate Latorre, Assistant City Attorney, advised that this agenda item was for a
recommendation to the City Council for the final replat of Villagio Del Mar
Townhomes. Barry Brown, Planning Director, explained that two lots were
replatted into three lots for the purpose of constructing townhomes. He advised
that the property was located at the southeast corner of Ridgewood and
Washington Avenues. The Board members reviewed the final replat. Brief
discussion followed.
Planning & Zoning Board
Meeting Minutes
January 14, 2009
Page 2
Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of
the final replat of Villagio Del Mar. Vote on the motion carried unanimously.
3. Recommendation to Cit Council Re: Proposed Ordinance Amendin
Chapter 110, Section 110-30 of the Cape Canaveral Code of Ordinances
Relating to Land Use Decisions; Amending Application and Hearing
Procedures; Establishing Procedures for Handling Deficient Applications;
and Setting Forth Specific Criteria and Time Frames for Processing
Applications - Kate Latorre, Assistant City Attorney.
Kate Latorre, Assistant City Attorney, explained that the purpose of the proposed
ordinance was to clarify and streamline efficiency in the processing procedures of
land use related applications.
The Board members reviewed and held discussion on the proposed ordinance.
Lamar Russell entered the meeting at this time. Following discussion, the Board
members agreed that Section 110-30 (b) of the proposed ordinance be changed
to read ".... Upon written request of the applicant, the city manager or the city
manager's designee may grant one (1) 30 -day extension ..........
Motion by Harry Pearson, seconded by Lamar Russell, to recommend approval
of the proposed ordinance, with the noted change, to the City Council. Vote on
the motion carried unanimously.
OPEN DISCUSSION
Barry Brown, Planning Director, advised that the City Council approved the East
Central Florida Regional Planning Council contract to handle the city's visioning
process, not to exceed $43,000. He encouraged the Board members to
participate in the visioning process. He gave an overview of the visioning
process. Discussion followed.
John Johanson voiced a concern regarding insufficient parking for condominium
units with individual driveways. He explained that each townhouse unit is
required to have three parking spaces, and a condominium unit is only required
to have two parking spaces. He advised that the condominium units do not have
sufficient parking on their driveways, so they park their vehicles on the road in
front of their units or on the driveway with their vehicles extending over the
sidewalk, which creates a pedestrian safety concern. He suggested that the City
code be changed to require condominium units to have a sufficient number of
parking spaces. Brief discussion followed. Barry Brown, Planning_ Director,
advised that he would research the matter and bring the issue back for further
discussion at the next meeting.
Planning & Zoning Board
Meeting Minutes
January 14, 2009
Page 3
There being no further business the meeting was adjourned at 7:55 p.m.
Bea McNeely, Chairperson
Susan L. Chapman, Secretary
ORDINANCE NO. -2009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 98,
SUBDIVISIONS, OF THE CAPE CANAVERAL CODE OF
ORDINANCES RELATED TO PLATS; AMENDING AND
CLARIFYING THE CRITERIA REQUIRED FOR
PRELIMINARY AND FINAL SUBDIVISION PLAT REVIEW
AND APPROVAL; PROVIDING A PROCEDURE FOR
REVIEW AND CONSIDERATION OF LOT SPLITS;
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 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 of
this Ordinance):
CHAPTER 98. SUBDIVISIONS
City of Cape Canaveral
Ordinance No. _-2009
Page 1 of 16
ARTICLE II. PLATS
DIVISION 1. GENERALLY
Sec. 98-31. Division of land, review and approval required. wed:
(aa) Any subdivision of land into two (2) or more parcels shall be subject to the
requirements of this article.
No owner of real property shall sell, offer to sell or lease lots or tracts of land from
such propertywithout first having divided such property in accordance with the requirements
hereof. Before such lot or tract is divided, the lots or tracts proposed to be divided shall be
surveyed by a dulv licensed survevor and approved by the city council by plat or lot split
resolution in accordance with the specific applicable provisions of this article and Chapter
177, Florida Statutes. No permit shall be issued for the construction of any building or
structure or for an electrical or sewer hookup on any lot or tract sold in violation of this
chapter; provided, however, that any such violation can be remedied by complying with the
provisions of this article.
Secs. 98-32f — 98-3540. Reserved.
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Ordinance No. _-2009
Page 2 of 16
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DIVISION 2 3. PRELIMINARY PLAT
Sec. 98-41. information required.
The following information shall be provided to the City no later than 30 days prior to the
meeting, at which the planning- and zoning board will review the preliminary plat:
(a) A completed application on a form proscribed by the city manager requestingreview
of the preliminary plat under this division.
(b) Fourteen (14) copies of the preliminary plat, which shall:
City of Cape Canaveral
Ordinance No. _-200S
Page 3 of 16
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DIVISION 2 3. PRELIMINARY PLAT
Sec. 98-41. information required.
The following information shall be provided to the City no later than 30 days prior to the
meeting, at which the planning- and zoning board will review the preliminary plat:
(a) A completed application on a form proscribed by the city manager requestingreview
of the preliminary plat under this division.
(b) Fourteen (14) copies of the preliminary plat, which shall:
City of Cape Canaveral
Ordinance No. _-200S
Page 3 of 16
M Conform to the requirements of Chapter 177, Florida Statutes, this Code and
any other applicable statutes and regulations.
U Bear the certification of a registered surveyor certifying the accuracy of the
survey or plat.
Be drawn at a uniform scale not smaller than one (1) inch equals one hundred
100 feet.
W Indicate the title scale north arrow and date on each sheet
Show, at a minimum, the following existing conditions on the plat:
Primary control points or descriptions and ties to such control points
to which all dimensions, angles, bearings and similar data on the plat shall be
referred.
BM Boundary lines (including bearings and distances), lot lines, lot
numbers and block number.
LCJ Location and description of monuments.
LM Easements, including location, width and purpose.
Location, width, and names of all streets, waterways or other rights -
of way shall be shown, as applicable.
Minimum building setback lines.
I Size data including total acreage, number of lots typical lot size in
acres, parks, public open space, etc.
Location map showing the site in relation to the existing community_
including the name of the development and its location and main traffic
arteries.
Topographic information showing round elevations ofthe tract, based
on a datum plane approved by the city engineer as follows:
0) For land that slopes less than approximately two percent (2%),
show spot elevations at all breaks in grade, along all drainage
channels or swales and at selected points not more than one hundred
City of Cape Canaveral
Ordinance No. _-2009
Page 4 of 16
feet (100') apart in any direction.
ii For land that slopes more than approximately two percent
(2%), either show contours with an interval of not more than five feet
(5) if ground slope is regular, and such other information as is
sufficient for planning purposes, or show contours with an interval of
not more than two feet (2'), if necessary because of irregular land or
need for more detailed data for preparing plans and construction
drawings.
Q) Other conditions on tract, including water courses, marshes, rock
outcrop, wooded areas, houses, barns, shacks and other significant features.
Other conditions on adjacent land, includingproximate direction
and gradient of ground slope and any embankments or retaining walls;
character and location of buildings_ power lines, towers and other nearby
nonresidential land uses or adverse influences. owners of adjacent unplatted
land; abutting platted land, with reference to subdivision plat by name,
recording date and number; and approximate percent buildup, typical lot size
and dwelling_jype.
Q Zoning designation on and adjacent to tract.
M Proposed public improvements, including roadways,_space reserved
or dedicated for parks, playgrounds or other public uses or other major
improvements planned bypublic authorities for future construction on or near
tract.
fN Photographs of the tract, at the request of the planning and zoning
board.
Lc) A filing fee, as established by resolution of the city council.
(a) Other preiiminaa pians, if avanabie, which ciarify the application.
(e) A current title opinion of an attorney licensed in Florida 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 and shall be current within 180 of
submittal.
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City of Cape Canaveral
Ordinance No. _-2009
Page 5 of 16
Sec. 98-42. Topographic data. Reserved.
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Ordinance No. _-2009
Page 8 of 16
c. All existing and proposed drainage fficifities (cul-verts, pipes, etc.) -Mi+ si=s and
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Sec. 98-44. Other preffininmy plany. Reserved.
Sec. 98-44. Other preffininmy plany. Reserved.
Sec. 98-45. City review.
raj upon the documents required under this division being presented to the city, the
building offi planning official shall review and forward to the appropriate city reviewing
staff engineer a copy of all documents
submitted and such other documents as he or she deems appropriate to enable the city
reviewin staff taff =girreer to review the application subdivision and either find approve the
application to be sufficient, subdivision or point out areas that are inadequate or improper.
The city attorney shall review the title opinion, protective covenants, articles of incorporation
and bylaws and shall make recommendations, if necessary.
City of Cape Canaveral
Ordinance No. _-2009
Page 9 of 16
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Sec. 98-45. City review.
raj upon the documents required under this division being presented to the city, the
building offi planning official shall review and forward to the appropriate city reviewing
staff engineer a copy of all documents
submitted and such other documents as he or she deems appropriate to enable the city
reviewin staff taff =girreer to review the application subdivision and either find approve the
application to be sufficient, subdivision or point out areas that are inadequate or improper.
The city attorney shall review the title opinion, protective covenants, articles of incorporation
and bylaws and shall make recommendations, if necessary.
City of Cape Canaveral
Ordinance No. _-2009
Page 9 of 16
(b) Within tern thirty (3 0) days, the city reviewing staff engineer will return in writing all
comments, recommendations and questions to the applicant.
ten working days to comply with the city engincer's written request and snbmit the
information as corrected and/or modified to the city-.
(c) Should any comment or recommendation made by a member of the city reviewing
staff require the applicant to revise its submittal, the reviewing staff shall review the revised
submittal and return all comments, recommendations and questions to the planning official,
who shall then forward all documents to the ap hp •cant.
Upon receiving satisfactory reviews from all of the city reviewing staff, the planning
official shall schedule the application for consideration by the planning and zoningboard.
oard.
Sec. 98-46. Planning and zoning board and city council review.
(a) The planning and zoning board shall review the subdivision preliminary plat and other
material submitted for conformity with this Code and may negotiate on changes deemed
advisable and shall recommend, in writing, its approval or disapproval to the city council
within 30 days. All recommendations, conditions and changes shall be noted on two copies
of the preliminary plat by the chairman of the board or designated representative.
(b) Upon receipt of the planning and zoning board's recommendation, the city council, at
their next regularly scheduled meeting, shall vote to either accept or reject the board's
recommendation.
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 (1).time. six-
month extension of has been granted by the city council for on a demonstration 0 good cause
shown by the applicant. If the final plat approval is not obtained within the time period provided in
this section, the city council's preliminary plat
approval, the preliminary plat appr shall be revoked and the applicant must re -apply under the
provisions of this chapter.
Secs. 98-48--98-55. Reserved.
DIVISION 3 4. FINAL PLAT
Sec. 98-56. Conformance to preliminary plat.
The subdivision final plat shall conform substantially to the preliminary plat, as approved by
City of Cape Canaveral
Ordinance No. _-?009
Page 10 of 16
the city council planning and zoning board, and if desired by the subdivider, it may constitute only
that portion of the approved preliminary plat which the subdivider he proposes to record and develop
at the time; provided, however, that such portion conforms to all requirements of this chapter. The
final plat shall correct any inaccuracies indicated on the preliminaraplat.
Sec. 98-57. Number of copies.
Fourteen (14) £-irre copies of the subdivision final plat exhibits required for approval under
this division shall be prepared as specified by this chapter and by state statute.
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 for approval and filing with the county
clerk. S -i -x One 1 transparency Mylar) or printable copyies 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 of the county.
The final plat shall comply with Chapter 177, Florida Statutes, and shall vrovide.sholvv the following
additional information:
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(1$) Location and description of all permanent reference monuments.
City of Cape Canaveral
Ordinance No. _-2009
Page 11 of 16
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(1$) Location and description of all permanent reference monuments.
City of Cape Canaveral
Ordinance No. _-2009
Page 11 of 16
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(2+3-) Dedication statement by owner dedicating streets, rights-of-way, including waterways
and all sites for public use. The dedication must be executed by 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.
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(3,) 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 or a separate instrument joining in and ratifying the plat and all dedications and
reservations thereon.
Draft of protective covenants, if applicable, whereby the subdivision proposes to
regulate land use in the subdivision and otherwise protect the proposed development. Ifthere
is to be a homeowners' association established, copies of the articles of incorporation and
the bylaws shall be provided.
Sec. 98-59. Documents required prior to approval.
The following items shall be required before subdivision final plat approval can be granted:
(1) Documentation A certificate from the city reviewingsta engince certifying the
proposed subdivision is acceptable.
(2) Eifiier-aAn irrevocable letter of credit, performance bond or certified check in a form
acceptable to the city attorney_which will enable the city to complete any a1i- unfinished
improvements that are to be dedicated to the public, including, but not limited to streets,
drainage facilities, street signs, sewer facilities, sidewalks and other improvements as shown
City of Cape Canaveral
Ordinance No. _-2009
Page 12 of 16
on the final plat accomplished by flic city, if .
(3) Protective covenants in form for recording, if required.
(4) Certification of approval by the board ci council.
(5) A title opinion of an attorney licensed in Florida 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. Prior to the City recording an approved final plat
pursuant to this article, the applicant shall provide a title opinion to the City current within
15 days of recording_
(6-5) Other data as may be necessary which shall be determined by the city council or
planning and zoning board.
Sec. 98-60. Application for approval.
Application shall be made for subdivision final plat approval_
to flic inecting at which it is to be considered.
(aa,) Upon the documents required under this division being presented to the city, the
planning official shall review and forward to the appropriate city reviewing staff a copy of
all submittals and such other documents as he or she deems appropriate to enable the
reviewing staff to review the subdivision and either find the application to be sufficient, or
point out areas that are inadequate or improper. The city attorney shall review the opinion
of title, protective covenants, articles of incorporation and bylaws and shall make
recommendations, if applicable.
(b,) Within 30 days, the reviewing staff will return in writing all comments,
recommendations and questions to the planning official, who shall then forward all
documents to the applicant.
Should any comment or recommendation made by a member of the city reviewing
staff require the applicant to revise its subdivision submittal, the reviewing staff shall review
the revised submittal and return all comments, recommendations and questions to the
planning official, who shall then forward all documents to the applicant.
Upon receiving satisfactory reviews from all of the city reviewing staff, the planning
official shall schedule the application for consideration by the planning and zoning board.
Sec. 98-61. Recommendations of planning and zoning board.
City of Cape Canaveral
Ordinance No. _-2009
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When all requirements under this division have been satisfied, the planning and zoning board
will vote to recommend approval or disapproval of the subdivision final plat, and these
recommendations will be submitted to the city council at the next regularly scheduled council
meeting. The city council shall vote, in resolution form, to either accept or reject the board's
recommendation.
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. dem nrtrs
9
Secs. 98-643 — 98-65. Reserved.
DIVISION 4. LOT SPLITS
Sec. 98-63. Lot splits.
The city council may, by resolution at a public hearing, grant waivers from the platting
requirements of this article for divisions of land that constitute a lot split:
(a) For purposes of this section, the term "lot split" shall mean a division of a tract of
land or lot that will result in the creation of exactly one (1) additional lot or tract of land
provided the following conditions are met:
LtJ The lot or tract of land to be split is a previously platted lot or legal
description of record.
Each lot or tract of land created hereunder shall abut a public or approved
private street, unless perpetual cross -access easements already exist on the lot to be
split or are determined not to be necessary, or, if necessary, are provided by separate
instrument.
La The lot split shall in every respect meet the criteria established elsewhere in
this article and the city code forthe category of zoning and other relevant codes under
which the property is zoned.
bb) Every lot split shall be processed in the following manner:
City of Cape Canaveral
Ordinance No. _-2009
Page 14 of 16
LL An application form provided by the building department shall be completed
and filed with the department, accompanied with the following_
a. An application fee approved by the city council by resolution;
b. Fourteen (14) paper copies of the proposed lot split;
C. A statement indicating whether new streets, water, sewer, drainage
structures, or other infrastructure are required off-site to provide sufficient
access or municipal services to the subject land, and
d. Legal descriptions and acreage of the two proposed lots or tracts of
land and a scaled drawing showing the intended division shall be prepared bv_
a duly licensed land surveyor registered in the state. If a lot or tract of land
contains any principal or accessory structures, a survey showing the structures
on the lot or tract of land shall accompany the application.
Upon approval of the lot split by resolution of the city council, the resolution
shall be duly recorded in the public records of Brevard County and recorded on the
appropriate city maps and documents.
LcJ No further division of an approved lot split is permitted under this section, unless a
plat is prepared and approved in accordance with this article.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted bythe City Council, orparts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the 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.
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
City of Cape Canaveral
Ordinance No. _-2009
Page 15 of 16
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
, 2009.
ATTEST:
ROCKY RANDELS, Mayor
For Against
Bob Hoog
Buzz Petsos
Rocky Randels
C. Shannon Roberts
SUSAN STILLS, City Clerk Betty Walsh
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. _-2009
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