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HomeMy WebLinkAboutPlanning & Zoning Board Packet for March 25, 2009Date: March 20, 2009 To: Planning and Zoning Board members From: Barry Brown, Planning and Zoning Director RE: March 25, 2009 P&Z Board Meeting We have two action items on the agenda for this meeting. The first item is a preliminary plat to replat one lot into two townhome lots. The second item is an ordinance that amends our sign code. Mr nnn rnnn hac submitted a nraliminary nlaf fn rranint I nt 10 Rinne 1 d of D.rnn_hv_ ..... .....v ..............v... `,.. v............, plat w . eplat Lot . v, B-1, . T v. i _w, r_�y - the -Sea into two townhome lots. Lot 9 and Lot 10 of Block 14 are currently combined to form one single family lot. A single family residence is located on Lot 9. It faces west and is addressed as 8002 Poinsetta Avenue. Lot 10 is currently the backyard to the residence and was formerly the location for a pool. The pool has been removed and the owner wants to separate Lot 9 from Lot 10 and replat Lot 10 into two townhome lots. While Lots 9 & 10 are combined by deed, they were never replatted as one lot, and therefore continue to be two separately platted nonconforming lots. Therefore, Lot 10 can be replatted as requested. The replat has been reviewed by Planning, the Fire Dept., Public Works, and the City Surveyor. The surveyor's comments have been addressed and are reflected in the version of the preliminary plat you have in your packet. The title opinion is not required until final plat. Staff recommends approval of the preliminary plat. The long arduous process of revising the sign ordinance is nearing completion. The City Attorney has made revisions as addressed at the last sign code workshop held on February 1; and are reflected in the enclosed draft. Many of you have been involved in -the process and contributed greatly. Please review the enclosed draft and be prepared to discuss at the meeting. CITY OF CAPE CANAVERAL 44 ; -%e Canaveral City of Cat PLANNING & ZONING BOARD MEETING AGENDA CITY HALL ANNEX 111 POLK AVENUE MARCH 25, 2009 7:00 P.M. Call to Order Roll Call NEW BUSINESS A A- _1 _I 11A__17.--. 11 At -..l__. I�_1_._______ ww 111^11 I . ;approval UI Meeli(YCg. iVlinutes: February I I , Zuua. 2. Recommendation to the City Council Re: Caribbean Vistas Preliminary Replat - Block 14, Lot 10, Avon by the Sea Subdivision - Daniel Coon, Applicant. 3. Recommendation to the City Council: Proposed Ordinance Amending Chapter 94, Signs - Kate Latorre, Assistant City Attorney. OPEN DISCUSSION Ewrueraai Pursuant to Section 286.1018, 1=.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. 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 PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 11, 2009 A Regular Meeting of the Planning & Zoning Board was held on February 11, 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 PRESEN T Barry Brown Kate Latorre Susan Chapman NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Planning Director Assistant City Attorney Board Secretary 1. Approval of Meeting Minutes: January 14, 2009. Motion by John Fredrickson, seconded by Harry Pearson, to approve the meeting minutes of January 14, 2009. Vote on the motion carried unanimously. 2. Election of Chairperson and Vice Chairperson. Donald Dunn nominated Bea McNeely as Chairperson. John Fredrickson seconded the nomination. Bea McNeely accepted the nomination. There being no additional nominations, nominations were closed. By unanimous vote, Bea McNeely was re-elected as Chairperson. Bea McNeely nominated Lamar Russell as Vice Chairperson. Donald Dunn seconded the nomination. Lamar Russell seconded the nomination. There being no additional nominations, nominations were closed. By unanimous vote Lamar Russell was re-elected as Vice Chairperson. Planning & Zoning Board Meeting Minutes February 11, 2009 Page 2 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. Barry Brown, Director of Planning & Development, advised that the proposed ordinance amends the existing code regarding the subdivision of land. More specifically, it requires that all subdivisions of land be approved by the City Council by plat or by a newly created lot split procedure. He explained that in the past, land was subdivided by prvpe�iy o'vvioers witlloUL review di 1U apprvVal 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 curb cuts and 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 City Council either by nrdinance or resolution. if the st -hrlhAsinr� of land creates more than one additional lot, the subdivision must be done by plat, according to the platting procedure. Proposed plats will be taken to the Planning and Zoning Board for review and recommendation, and then adopted by ordinance by the City Council. Kate Latorre, Assistant City Attorney, explained that clarifications were made to the existing code based on previous Board discussions_ She advised that the ordinance is consistent with Brevard County's code, relating to platting. The Board reviewed, held discussion, and suggested changes, to the draft ordinance. Following discussion, Kate Latorre summarized the recommended changes. Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of the proposed ordinance, amending Chapter 98, Subdivisions, with the amended changes, as discussed. Vote on the motion carried unanimously. OPEN DISCUSSION Barry Brown, Planning & Development Director, advised that there was a City Council workshop scheduled tomorrow evening to address planned improvements on N. Atlantic and Ridgewood Avenues. Planning & Zoning Board Meeting Minutes February 11, 2009 Page 3 Mr. Brown polled the Board members regarding their availability to attend a sign code workshop meeting on February 17th @ 5:30 p.m. Following discussion, all the Board members verified they were available to attend the meeting. Mr. Brown gave an update on the visioning process. He advised that they were at the point where a Citizens' Visioning Committee needed to be selected. He explained that the purpose of the Citizens' Visioning Committee was to oversee the visioning process and create a true citizens ownership of the visioning and its results; the Committee would be a group of 7 to 12 Cape Canaveral volunteers who have demonstrated an interest in the City's future; the Committee would be rnmmmricnA ^f h.�n;---- -A 1 I_ _J_.._ _n ��__ vviNn�cu of Uuou ICJJ, i,I V Ii✓, al lu y0vu, 1 Il l lel It ItMdei s, as V1%ell as, other interested parties who will champion the process and bring out 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 have a standing in the comms nity that will lend credibility to the visioning. He advised that the Citizens Visioning Committee was discussed at the City Council meeting on Tuesday, February 2, 2009, and would be formalized at a Council Workshop on Thursday, February 12, 2009 @ 5:30 p.m. Mr. Brown further explained that staff is proposing the Business and Cultural Development Board (BCDB) 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. He noted that recommendatinns frnm the Cit;; Council, and others, would be submitted to the City staff; staff would then make selections; after prospective candidates have been vetted and contacted, the final Committee membership would be ratified by the City Council. Mr. Brown announced that Todd Morley resigned last week as Building_ Official,- and fficial;and Dennis Clements was the acting Building Official. Chairperson McNeely asked why Mr. Morley was leaving. Mr. Brown responded that he did not know and it was not his place to be discussing that publicly, but they were welcome to call Mr. Morley and speak with him directly. Planning & Zoning Board Meeting Minutes February 11, 2009 Page 4 Tom Garbowski, citizen, attended the last BCDB meeting, and listened to their discussion regarding the Visioning Committee, which he was concerned with. He was glad that they were not all going to be on the Visioning Committee, because a lot of them did not feel it was the right time and it was costing too much, one Board members said "It was a waste of time." He noted that earlier this evening Donald Dunn voiced his concern that the lots were too small for the commercial businesses along the presidents streets, which is what would be a good thing for the Visioning Committee to get into on how to consolidate those lots for larger buildings. He encouraged at least one member of the Planning & Zoning Board to be on the Visioning Committee, because from a legal point of view, they know the zoning and planning of what would be allowed and what's not. Lamar Russell responded that It was hIs u��derstai�uing t hat members of volunteer boards would not be considered for the Visioning Committee, however the Planning & Zoning Board would be at the workshops to give guidance and assist in implementing the vision. Mr. Brown advised that the main purpose of the visioning process was to primarily create a vision for the visible build out of the City. Discussion was held regarding why the City rlirin't commercialize the beach. Lamar Russell explained that the residents have always defended residential along the river front and ocean front. Mr. Brown advised that it would continue to be defended. Discussion continued. John Johanson advised that at the previous two meetings he voiced concern regarding insufficient parking for condominium units with individual driveways. He explained that townhouses are required to have three parking spaces per unit; condominium that are built to look like townhouses are only required two parking spaces. Because, there is no comm�!nity parking, residents are creating traffic and pedestrian hazards; they park in front of their units or on the driveway with the vehicle extending past the sidewalk. He recommended that the code be changed to require a maximum of three units or 70 ft. per buiildin „ to allow separation and open space; and require special exceptions for residential use in C-1 to comply with R-2 zoning with the townhouse code. He added that they also needed to define "accessory use". Mr. Brown asked Mr. Johanson to meet with him to discuss these issues and hopefully have something for the Board to consider at the next meeting, There being no further business the meeting was adjourned at 8:20 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary APPLICATION FOR PLAT REVIEW DATE OF SUBMITTAL: - 0 �2,oy (NOTE: SUB�IITTAL NlTJST BE SUBMITTED A NfLNT rIUM OF 30 DAYS PRIOR TO THE PLANNT G & ZONING MEETING; PLAT MUST MEET THE REWIREXIENTS OF SECTION 98-41 THROUGH 98-62). IS THIS A PJIN PLA gP:L:A�,OR. FINAL PLAT? AMOUNT OF FILING FEE PAID: S AMOUNT OF EN GLNEERING DEPOSIT PAID: S 17 C)C� , CC) LD_ _... _BREV4RD COL tiTY,.,GEOGRAPHIC_RESEARCH_ DIVISION- -APPROVE PLE-Q EES 1� FOR STREET NANIE, IF APPLICABLE? (NOTE: THI h"EEDS TO BE -DOINE PRIOR TO SUBjN TTAL). YES NO N.A. PROJECT NAME: PROJECT ADDRESS:-- L i %,a! l® R c -o, LEGAL. DESCRIPTION: 0W-NER(S) NA_ -N E: �$A-1P 1^L_ k -7H L& 04V147FR (S) ADDRESS: PROJECT ARCHITECT/E.i GLI"EER:L PHO -NE NO. OF her Err TEf T;F-NG ERs .;- LPPLICANT(S) SIGNATTJRE: 7,1W A) O WINER/AGENT 'H0_,N-E NUMB ER 0F 0WIV R/A GFNT:-.---- N LOT 2, BLOCK 14 S880 07'04"W 50.03 (MEAS) W E (PLS 2787) 50' (PLAT) (UNMARKED) SET 5 REBAR FOUND SK REBAR m i- =o -------- 0.73' I I o $ i i O z I m oTOT LOT Iz x ° i O - O 0 o - I I O N I � W -Tl 32.1 ;K KNEE -WALL o c, o r O z o I OJ r 0 O p 0m CC) N m I z O CD I m � n n m a, O m O I z o * n m w - r m I M w I m N m I O z m INS c D Xm r- -i > D 14.45 C i m o 147I `_j P, 3.30 CD QN ,D V' I (PLS 2787) I z o m SET "5 REBAR x m i CHAIN LINK FENCE FOUND •5 REBAR m LIGHT POLE (UNMARKED) S88° 01'19''W 50.10 (MEAS) 50' (PLAT) MIAMI CURB � v MADISON AVENUE ---------------------------- (48 FOOT PUBLIC RIGHT-OF-WAY) PLAT OF SURVEY PREPARED FOR AND CERTIFIED TO: DANIEL M. & KATHLEEN R. COON C/O ALL SHORES CONSTRUCTION & SUPPLY, INC. � 1-ni 1 nt FSI 111 K � 4' !®lf i it\i- K.. C - 1 I -I` Z`69 UI I I IK1 1I I lliIv I n I H` N`C] I I H`Ld `fVL rAi J U`r(`1Un`n � IN PLAT BOOK 3, PAGE 7 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. LEGEND ❑ FOUND 4' X 4' CONCRETE MONUMENT 0 FOUND 15 REBAR e WATER METER OO STORM DRAIN MANHOLE IN SET 4' X 4' CONCRETE MONUMENT • SET 15 REBAR (M) MEASURED FOUND NAIL & DISC 0 DCDUAAICAIT DC CCOCAIf C UADV ( DN 01 AT YY r r 11— 11, 1 bj/Zb/117by 10:1-11 BLAI-11 MAFFiNli F'AIaE N:l 4,4�e Ael'!:?d (lvXI g� g. /� 7 N w a m r 0 O v s N O m LOT 1. BLOCK to LOT a, BLOCK 14 x ) IIIk I 50'tPLAT) SBS -07'04"W 50.03 (MEAS) I 10.5t.ORT") Sou - 07'04'* 50.01 (MEAS) (PLS 77571 a0' tPLAT) lurYE[Fli fOUO_S �Mi j tuwARREOI \ ACH.Llrot FENCE YT •5 REBAR cOWD r K vv( .5A - i7 1L { i T 1 Y+ it r Yc TOT LOT c¢ ' ! T it y'0 Q $ 7.0 31.1 14 14 mM ('7 ! U7oor O i � 6.ty o r y t 2B.O 15.7 14-ASFf (I N N Z (oL5 77!71 1 517 -5 RED. _ � R LMC FER4i {tOMARI(Ayl ~' � REUSE ZLCNT ep-[ sl�u 588'OI'19"W 5D.10 (MEEAS)AS) SOB'Di'18"W 50-10 tME ASS ei V i ® 50'(PLAT) 50'(PLAT) 1 aA.TER v,yvE wAY Glow i AVENUE M MADISON A ---- x {t. L._.-._.�-._._----•---•---•---` (AS FOOT PUBLK RMHT�OF-WAS) m v v PLAT OF SURVEY PREPARED FOR AND CERTIFIED T0: DANIEL M. & KATHLEEN R. COON C/O ALL SHORES CONSTRUCTION & SUPPLY, INC, LOTS 9 AND 10, BLOCK 14, AVON -BY -THE SEA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 7 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. LEGEND STORM DRAIN MANHOLE CI FOUND 4' X 4' CONCRETE MONUMENT 0 FOUND 15 REBAR go WATER METER ■ SET 4' X 4' CONCRETE MONUMENT w SET •5 REBAR tK MEASURED O FOUND NAIL & DISC Q5 PERMANENT PZFERENCE MARK POWER POLE (P) PIAT LIGHT POLE .._^^.IEPENT SURVEY ° t VEM 1I 15 OS ) rwnuverlcrv. wnrc 1 06. � 0r NO ENCROACHM'IENTS NOTED AT TIME OF SURVEY. - - - - NOT VALID WITHOUT SURVEYOR'S IMPRESSION SEAL. BEARINGS REFER TO THE NORTHERLY RIGHT-OF-WAY LINE OF MADISON AVENUE BEARING NBB'01'19'E (PUBLISHED DATA BY STATE OF FLORIDA DEPARTMENT OFMAPPING TRAN7S''�PORATI ON) . THE SURVEY DEFICTED HEREON 15 TRUE AND DATE- B E A C H M A P PIN G MEETS THE MIN NUM TECHNICAL STANDARDS 11.15,06 A N D ACCORDI NC TO i-,HAPTER GI GI 7-6, FLORIDA SCALE: ADMINISTRATIVE CODE PURSUANT TO FLORIDA SURVEYING er�nlree 707 AND Ali .,, -.... ., �. 1, _ 30' 1 . - ..., 8010 N ATLANTIC AVE.,ATUTEIS ......., . ,,. _.,. ..- ---- 1 t SUITE 12 SHEET I P.D. BOX 542 CAPE CANAVERAL, FLORIDA 32920 WM, V. POWELL P. L. S. N0. 2787 JOB NO. : STATE OF FLORIDA 06-105 PHONE (321) 7B3-4174 FAX (321) 703-1059 03!20/2009 10:52 321-783-1058 BEACH MAPPING PAGE 02 Realm b: GulfAttantIc Tille *10%451 925 N. Courtenay Pkwy., Suite 25 Merritt !stand, FL 32953 property ikppraisers Parcel No. - 24 -37 -23-C(3- 14-9 o:24-37-23-CCi-16-9 drantee(a', social Security No. 10.20. 012:44 Pm CFN:99205515 2774 OR eouwPag"! 4050 / Sandy Ciawra rd Gb or a°"`ia' aryrafd C,punky sgjteea: 3 Sry: 0.00 ppya:l Ret; 5.00 C"'UM.0,00 1.00 paaA: 971.50 iMTax 0.00 0.00 ma waRmUrry Daw made this 15TH day of OCTOBER , 1.999 by HELEN P£T:IOSKI, A SINGLS PERSON hereinafter called Grantor, to DANIEL M. COON AND KATHLEEN R. COON, HUSBAND AND WIFE hereinafter called Grantee, and whose post office address is: 8002 p'OINSEM AVENM, CAPE CANAVERAL, FLORIDA 32920 WIT9a88IDr81 That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land _ltuete in HREVARD County, Florida, viz: Lots 9 and lo, Block la, AVON-DY-THZ-9rA, according to the plat thereof recorded in Flat Book 3, Page 7, of the Public Records of EREVARD County, Florida. TOOZIRER with all the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining. TO AAVR AAD To HOLD , the same in fee simple forever. AM the Grantor hereby covenants with said Grantee that the orantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land and hereby warrants the title to said lane. and will defend the same against the lawful claims of all persons whomao- ever, ant. that the land is free of all encumbrances, except takes for the current year and subaegent years, restrictions, limitations, covenants, and easements of record, if any. Witnessed by - '4 -0. ,ate r✓i �`'� �i7`�' ` ' ( is 3 f HELEN PETKOSICl JtdSAddress: 2024 N. XWRIAL PKWY., I-8 rUnnteTlEype name o ova wi nesa_ }1tJNT�VII�LE, 35810 (L&) Cheryl W. Lange Addreaa : Pr.1nt6d/t;yped name at above witness State of FLORIDA County of: BREVARD The foregoing instrument was acknowledged before me this 7.STH day of OCTOSER , 1999 by HELEN PETROSKI, A SINGLE PERSON who is/are personally 'kno�- to me or who has/have produced DRIVERS LICENSES as idents�p�tlN*N• U1 Notary Public inn= Type/print name ofcry: 27-9900%° My commission expires: This ins 'O���G.m`il"F, by: TINA M_ FURNARI , an Employee of GVLFATLAN7lip��r1; ,����� 925 N. courtenay parkway, suite #25 Merritt island, Florida .1.497.1 MEMORANDUM TO: Barry Brown Planning & Development Director FROM: Jeff Ratliff Stormwater Administrator City of Cape Canaveral 868-1240 DATE: 03/06/09 RE: Preliminary Replat — Caribbean Vistas Public Works has reviewed the preliminary replat for the referenced property and has no comments. Page 1 of 1 Susan Chapman From: John Cunningham Dcunningham@ccvfd.org] Sent: Monday, March 09, 2009 12:58 PM To: Susan Chapman Subject: Re: Caribbean Vistas Susan, I have reviewed the Preliminary replat and have no comments at this time 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.le) 03/10/2009 SSA March 9, 2009 Ms. Susan Chapman Administrative Assistant Community Development Department City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 .•_...JAr.. n,el:iminay Plat Review Caribbean Vistas - ReVIM ft I SSA Job No. 05-0025, Task 063-1003 Dear Ms. Chapman: SSA has reviewed the submitted preliminary plat for the above referenced project. Based on our review, additional information is required. The Title Opinion was not included in this review; the Opinion must be review by SSA prior to recording of the plat. We have attached a marked up drawing for your use. This revieir 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. David Roy J nes, PLS Chief Surveyor DRJ:ils Cc: files City Engineer's Review Fee For Review #1 — $500.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. STO=R STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. 0. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065 p:105-00251063-103?tl-caribbean vistas pre plat reviewt.doc hc.#AAC000329 #EB0000762 #LB0006700