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HomeMy WebLinkAboutPlanning & Zoning Board Packet for December 9, 2009City or Cape Canaveral Community Development Department PLANNING & ZONING BOARD MEETING AGENDA CITY HALL ANNEX 111 POLK AVENUE DECEMBER 9, 2009 7:00 P.M. CALL TO ORDER: ROLL CALL: . NEW BUSINESS: 1. Approval of Meeting Minutes: November 18, 2009. 2. Recommendation to the City Council Re: 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. 3. Review of Final Visioning Report. OPEN DISCUSSION: ADJOURNMENT: Pursuant to Section 286.1015, F.S., the Citv 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- Building 2920_0326Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www.ciryofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com MEMORANDUM Date: December 3, 2009 To: Planning and Zoning Board members From: Barry Brown, Planning and Development Director RF: December 9, 2VU9 P&Z Board IViee L11 ly :__ The first item on the agenda is additional revisions to the platting ordinance No 04-2009. Proposed revisions were brought to the P&Z Board on February 11, 2009. With modifications, the Board approved the proposed revisions and the ordinance went to the City Council for first reading on March 3, 2009. The Council approved the ordinance at first reading with the stipulation that staff prepare flowcharts of the platting and lot split processes and revise applications and fee schedule prior to the second reading. As staff was preparing flowcharts of the platting process it became clear that additional revisions to the ordinance were necessary. The platting and lot split process should flow as follows: (also see flowcharts) 1. Applicant submit preliminary drawings of proposed plat or lot split. 2. Pre -application meeting with staff. This may be a Development Review Committee meeting. 3. Applicant submit limited number of copies for staff review. 4. After receiving staff approval, submit copies for review by P&Z Board and Council. 5. P&Z Board for recommendation (except for lot split which goes straight to Council) 6. Council for approval. The new version of the ordinance adds back the pre -application meeting and makes it mandatory for preliminary plat and lot splits unless determined it is not necessary by the Planning Official. I propose adding back the pre -application meeting because it is at this stage that access management issues including driveway locations and cross - access can be addressed as well as easement and right-of-way dedications. Also, our current code does not delineate between the submittal of plat copies for review by staff and the submittal of copies for approval by P&Z and Council. It calls for 14 copies to be submitted originally, when only 5 or 6 are needed for.staff review. In this version I clarify submittal of plats for staff review and then upon staff approval, submittal of copies for P&Z Board and City Council rc�rie�yi T� l�c n _ 1 1u w rreltar of rnnec +< hr � � Ila wNcrS w uc submitted have been removed from the code as this may change over time and would therefore require an amendment to the ordinance. The required number of copies is called out in the application. The second agenda item is your review of the draft Final Visioning Report. the City Council has requested that all advisory boards review the Visioning Report and provide their thoughts and comments. The Visioning Report can be downloaded from the City website, citvofcapecanaveral.orq or a CD of the report can be picked up in the Community Development office. PLANNING & ZONING BOARD MEETING MINUTES NOVEMBER 18, 2009 A Regular Meeting of the Planning & Zoning Board was held on November 18, 2009, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Bea McNeely, Chairperson, 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 Ronald Friedman OTHERS PRESENT Barry Brown Kate Latorre Duree Alexander Todd Morley Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Planning & Development Director Assistant City Attorney Recording Secretary Building Official All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS 1. Approval of Meeting Minutes: August 12 2009. Motion by Harry Pearson, seconded by John Fredrickson, to approve the meeting minutes of August 12, 2009, with minor corrections. Vote on the motion carried unanimously. Barry Brown, Planning & Development Director, addressed the Board. He advised that the Board would be considering three agenda items at this meeting. The first was a request for five variances to accommodate a pool screen enclosure, privacy fence, accessory structure (shed), and a pool accessory (pump) at 201 Tyler Avenue. The other two items were proposed ordinance revisions to amend Chapter 102 - Vegetation, to remedy a number of tree code related complaints; and Chapter 110, Section 110-482 - Underground Utilities, to extend the requirement for undergrounding utilities to include: redevelopment, and renovations of existing buildings. Planning & Zoning Board Meeting Minutes November 18, 2009 Page 2 2. Recommendation to the Board of Adjustment Re: Variance Request No 09-02 to Allow a Screen Enclosure -Side Setback of 10 ft • a Screen Enclosure Rear Setback_ of 4 ft.; a Side Yard Setback of 9 ft. from a Public Street Right -of -Way for a 6 ft. High Fence; a Rear Setback of 3.3 ft for a Shed; and a Side Yard Setback of 4 ft. 8 in. for Pool Accessories - Section 23, Township 24 South, Range 37 East Block 42 Lot 1.01, Avon by the Sea Subdivision, (201 Tyler Avenue) - David D. Jones MD and Heather Parker -Jones, PHD, Petitioners. Barry Brown, Planning & Development Director, addressed the Board. He advised that the request was for variances, from variolas city codes, to allow: a screen enclosure side yard setback of 10 ft., rather than 15 ft.; a screen enclosure rear setback of 4 ft., rather than 5 ft.; a side yard setback of 9 ft. from a public right-of-way for a six ft. high fence, rather than 25 ft.; a rear setback of 3.3 ft. for an accessory structure (shed), rather than 5 ft.; and a side yard setback of 4 ft. 8 in. for an accessory (pool pump), rather than 15 ft. Barry Brown stated what the future land uses and zoning designations were of the surrounding properties. He testified that the Petitioners purchased the property in June 2008 for weekend use; the townhouse was constructed in 1983 and the pool was constructed in 1986, without a screen enclosure; the family is highly allergic to mosquito bites; and Cabbage Palms and a Banyan tree located adjacent to the pool drop leaves, berries, and blooms into the pool, creating a maintenance issue. The Petitioners decided to have a screen enclosure constructed over the pool, and earlier this year retained Coastal Craftsman; the rnntrnr•tnr fnilmrjto nh+nin +kn rpru ilydr7 k.,;1,4:-- . ',4. ie ,; t, IL .i Ln �+••....+•+• —1—w _v '11 u w 1 cMun �u vunun iy peri 1IIL, is l resulted ill th screen enclosure being constructed illegally, not being properly engineered, and side and rear setbacks not meeting requirements of the city code. The Petitioners did not realize that the screen enclosure was not properly permitted and that it did not meet the city's code, and when it was brought to their attention, they wanted to file for the proper permit(s) and follow the provisions of the city's code(s). He advised that in evaluating their application for a screen enclosure, staff discovered that there were several nonconformities with the recently constructed screen enclosure, as well as an existing privacy fence, shed, and pool pump. Barry Brown explained that the current city code allowed a 15 ft. side yard sethark for a pool, enclosure, and accessories; the pool was 15 ft. from the side yard property line and met the current code; however, without a variance, the screen enclosure would have to be built on the lip of the pool, and therefore one could not walk around the perimeter of the pool. In order to allow for a reasonable use of the pool, and the ability to walk around the pool perimeter, the applicant was requesting a variance for a side setback of 10 ft. for the screens enclosure, rather than the required 15 ft. per the city code. He pointed out the pertinent sections of the city code. He summarized the variance evaluation criteria, per city code (Section 110-37); and staffs analysis of the request. Planning & Zoning Board Meeting Minutes November 18, 2009 Page 3 Barry Brown gave staffs recommendation. He testified that staff supported necessary variances to reasonably accommodate a pool screen enclosure, privacy fence, and pool accessories, but did not support rear setback variances for a pool enclosure and shed. Specifically, staff supported a side yard of 10 ft. for the pool screen enclosure and 9 ft. for the fence, as this would allow for reasonable use of the pool, while minimizing the encroachment and variance requested. Staff also supported a variance for the pool accessory (pump), as the applicant inherited the pool pump where it was. Additionally, the pool pump was not causing a problem, and there was no place else to locate it to meet the city code. He advised that staff did not support a variance from the rear setback for the screen enclosure and shed. He explained that the screen enclosure could be easily relocated to meet the existing city code requirement; and the shed was in disrepair, deteriorating, and not suitable as a host structure for support of the enclosure. He advised that staff recommended that the shed be demolished and replaced with a new shed which would be placed on the property to meet the current city code. The Board members viewed photographs and a survey of the subject property. He advised that the pool was constructed in 1979. Discussion followed. Dr. Parker -Jones, Petitioner, addressed the Board and answered various questions from the Board members. She affirmed that her family was highly allergic to mosquito bites; and that Cabbage Palms and a Banyan tree drop leaves, blooms, and berries into the pool. Todd Morley, Building Official, addressed the Board regarding encroachment of pads for emergency generators. Lamar Russell and John Fredrickson commented that they supported staff recommendation_ KIPS Knmi gra 911 TniAnr ©xign 1 ri+;-;+;f, mm M+..A 4h.�t h.. ._...__ _�.. ..... .,..,.r.v. ,.v v..a.av, vlt1w11, 1,V111111GI1lGU at IIG supported the request. Donald Dunn commented that the screen enclosure should be closer to the pool to allow three feet around the pool. Discussion followed regarding staff recommendation. Motion by Harry Pearson, seconded by John Fredrickson, to recommend approval of Variance Request No. 09-02, to the Board of Adjustment, as per staffs recommendation. Vote on the motion carried unanimously. 3. Recommendation to the City Council Re: Amendinq Section 110-482 Underground Utilities. Kate Latorre, Assistant Citv Attnrnev gave the Board an overview of proposed amendments to city code Section 110-482, Underground Utilities. Brief discussion followed. Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of the proposed amendments to Section 110-482. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes November 18, 2009 Page 4 4. Recommendation to the City Council Re: Amending Chapter 102 Vegetation. Todd Morley, Building Official, gave the Board an overview of the proposed revisions to Chapter 102, Vegetation and background of how they came to be. Discussion followed. Motion by Donald Dunn, seconded by Lamar Russell, to recommend approval of the proposed amendments to Section 102, Vegetation. Vote nn the mntinn carried unanimously. OPEN DISCUSSION Donald Dunn discussed building heights. He suggested having changes made in the city code to eliminate floor heights and building heights. Barry Brown advised that a draft of the final visioning report would be available next week. A copy of the report would be provided to all board members. Joyce Hamilton commented that each Board has special input in the visioning process. Discussion was held regarding the proposed plat ordinance and when it would be nra-qantArl to C itv (ni jnril Discussion was held regarding tree mitigation and storm water issues regarding the Cape Caribe project. Barry Brown advised that the issues must be resolved before presenting the site plan to the Planning & Zoning Board for recommendation to City Council. Discussion was held regarding establishing a time limit for expiration of site plans, (city code Section 110-224). Motion by Lamar Russell, seconded by Donald Dunn, to direct city staff to create an ordinance establishing a time limit on site plans and present it to the Board for recommendation to City Council. Vote on the motion carried unanimously. Barry Brown advised that there were Board meetings scheduled on November 25th and December 23rd. Motion by Lamar Russell, seconded by Bea McNeely to cancel the meetings scheduled on November 25th and December 23rd. Vote on the motion carried unanimously. Barry Brown announced that the next Board meeting would be held on December 9th. Planning & Zoning Board Meeting Minutes November 18, 2009 Page 5 The Board members requested a report from city . staff regarding special exceptions. Motion by Lamar Russell, seconded by Bea McNeely, to adjourn the meeting at 10:00 P.M. Bea McNeely, Chairperson Susan L. Chapman, Secretary DRAFT December 4, 2009 ORDINANCE NO. 04-2009 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 strikeont 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, 04-2009 Page 1 of 19 DRAFT December 4, 2009 ARTICLE II. PLATS DIVISION 1. GENERALLY Sec. 98-31. Division of land; review and approval required; zoning. Reserved. L& Any subdivision of land into two (2) or more parcels shall be subject to the requirements of this Article. (bb) No owner of real property shall sell, offer to sell or lease lots or tracts of land from such property without 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 duly licensed surveyor 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. Additionally, any subdivision or lot split approved pursuant to this Article shall in every respect meet the criteria established elsewhere in this Article and the City Code for the category of zoning and other relevant Codes under which the property is zoned. Secs. 98-32-- — 98-3540. Reserved. DIVISION 2. PREAPPLICATION Sec. 98-36. Submittal and review procedures. (a) In order to promote development of land within the municipal boundaries of the City that is harmonious with and otherwise in compliance with the comprehensive plan, surrounding development and all applicable Codes, applicants for site plati plat or lot split approval shall meet with staff in a preapplication conference, unless otherwise determined by staff available to all site plan appheants. The preapplication screening and conferences are intended to assist the applicant in becoming more aware of and, therefore, more likely to comply with guidelines applicable to the project for which a site plan will be submitted. However, the applicant is cautioned that the preapplication screening process is not intended to be a substitute for the formal plat or lot split sitep}xt°t submittal and review procedures. Nor is it expected that the applicant can rely upon conditional approvals received during the preapplication process as binding the City in any manner during subsequent site plan City of Cape Canaveral Ordinance No. 04-2009 Page 2 of 19 DRAFT December 4, 2009 submittal and review procedures. (b c) The applicant will provide five dies preliminary drawings of the proposed plat or lot lit sketeh-piwrto the planning official. The number of copies required to be submitted shall be determined by the planning official. Upon submittal of the copies of the proposed plat or lot split, a preapplication conference shall be scheduled building depaTtment five da�s (c d) The proposed plat or lot split sketeh plan so provided shall contain a location map showing the relationship of the proposed subdivision to existing and proposed facilities as indicated in the comprehensive plan, and shall contain general information including, but not limited to, the following: (1) General information on the existing site conditions, water management facilities, soil conditions, floodplain data, topography, trees and vegetation, adjacent community facilities, utilities and surrounding property conditions. lnI- l/-1 General description of ane proposed development including proposed number of lots, approximate lot width and depth, building size and type. Proposed stages of development, if appropriate, should be shown. (3) A plan showing the proposed pattern of streets, lots and water management facilities in relation to existing natural conditions of the site and its surroundings. Secs. 98-37 — 98-40. Reserved. k x k DIVISION 3. PRELIMINARY PLAT Sec. 98-41. Information required. City of Cape Canaveral Ordinance No. 04-2009 Page 3 of 19 :.. ;.BAILGImhlon NNovellr4OWAMII. III MIND KNIMI W-41WIMVWB 191 (b c) The applicant will provide five dies preliminary drawings of the proposed plat or lot lit sketeh-piwrto the planning official. The number of copies required to be submitted shall be determined by the planning official. Upon submittal of the copies of the proposed plat or lot split, a preapplication conference shall be scheduled building depaTtment five da�s (c d) The proposed plat or lot split sketeh plan so provided shall contain a location map showing the relationship of the proposed subdivision to existing and proposed facilities as indicated in the comprehensive plan, and shall contain general information including, but not limited to, the following: (1) General information on the existing site conditions, water management facilities, soil conditions, floodplain data, topography, trees and vegetation, adjacent community facilities, utilities and surrounding property conditions. lnI- l/-1 General description of ane proposed development including proposed number of lots, approximate lot width and depth, building size and type. Proposed stages of development, if appropriate, should be shown. (3) A plan showing the proposed pattern of streets, lots and water management facilities in relation to existing natural conditions of the site and its surroundings. Secs. 98-37 — 98-40. Reserved. k x k DIVISION 3. PRELIMINARY PLAT Sec. 98-41. Information required. City of Cape Canaveral Ordinance No. 04-2009 Page 3 of 19 DRAFT December 4, 2009 The following information shall be provided to the City: (a) A completed application on a form prescribed b try Manager requestingreview of the preliminary plat under this Division. The preliminary plat, which shall: QJ Conform to the requirements of Chapter 177, Florida Statutes this Code and any other applicable statutes and regulations. Q Bear the certification of a registered surveyor certifying the accuracyof survey or plat. Be drawn at a uniform scale not smaller than one (1) inch equals one hundred 100 feet. 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. Boundary lines (including bearings and distances), lot lines, lot numbers and block number. Location and description of monuments. DW Easements, including location, width and purpose. Location, width, and names of all streets, waterways or other rights - of way shall be shown, as applicable. M Minimum building setback lines. Size data including total acreage, number of lots typical lot size in acres, parks, public open space, etc. LH Location map showing the site in relation to the existing community, including the name of the development and its location and main traffic City of Cape Canaveral Ordinance No. 04-2009 Page 4 of 19 DRAFT December 4, 2009 arteries. Topographic information showing round elevations ofthe tract, based on a datum plane approved by the City engineer as follows: G) 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 feet (100') apart in any direction. ii For land that slopes more than Uproximately 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. M Other conditions on tract, including water courses, marshes, rock outcrop, wooded areas, houses, barns, shacks and other significant features. Other conditions on adjacent land, including approximate direction and gradient of ground slope and any embankments or retaininy_ 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 type. Q Zoning dg_esignation on and adjacent to tract. Proposed public improvements, including roadways, space reserved or dedicated for parks, playgrounds or other public uses or other major improvements planned by public authorities for future construction on or near tract. (N Photographs of the tract, at the request of the Planning and Zoning Board. (c) A filing fee, as established by resolution of the City Council. Other preliminary plans, if available, which clarify the application. City of Cape Canaveral Ordinance No. 04_2009 Page 5 of 19 DRAFT December 4, 2009 (e) A current title opinion of an attorney licensed in Florida or a certification by an abstractor or a title company showing that record title to the land as described and shown on the plat is in the name of the person or legal entity executing the dedication. The title opinion or certification shall also show all mortgages not satisfied released or otherwise terminated by law and shall be current within 180 days of submittal. NIL" NMI ..: ; ■ . • .�JIUMVIII nre��ur..:..nt�a:�n■vaa:n�■u.:isi:�NlI19lRRUlaR..�7■l.1YAIIp1l.A7RplR.1�A7lRl Ew- - -' ;.;.�.. -r. - �; - - �- - - - - ---- -- - - - 4WIM i:-- -1. ; - -' - r:-: Sec. 98-42. Topographic data. Reserved. City of Cape Canaveral Ordinance No. 04-2009 Page 6 of 19 W. ME Sec. 98-42. Topographic data. Reserved. City of Cape Canaveral Ordinance No. 04-2009 Page 6 of 19 DRAFT December 4, 2009 vivo to SIM Eii" RJIM -- ----- IM min Lol slow. M:. - - . - vivo to SIM Eii" RJIM -- ----- IM min Lol slow. vivo to SIM Eii" RJIM -- ----- - i oil 0wNo -w-- - - "MOV -6 101.79r,4...OWN City of Cape Canaveral Ordinance No- 04-2009 Page'/ of 19 oil City of Cape Canaveral Ordinance No- 04-2009 Page'/ of 19 DRAFT December 4, 2009 11MVIVAL4,41 low Mll Noel ■�>•:nGi•Gr�r.:aulwaiiMIMAIr..ti:r..e —11111=I.liWAg IIII=iman eLee ==AM 1111�.lfllq "M ra 1KMM ffftgl*A Reim iiiiiiiiiiiiiiiiiii 111 111111: 11�5221* M guilt V 51 1 91*11 LWJRGB.MlBKGBENKM - y 7' —01 Sec. 98-43. Sre; proposals. Reserved. similar dat2t for—alleys, if MAY., G i, MIl:llI Wei wIIIlI III I L: aa'sM •1iMIl.II Il11�J I� Li7i14�I.•Iil�F[�i��•_f _ _ _ _ _ _ _ _ _ _ City of Cape Canaveral Ordinance No. 04.2009 Page 8 of 19 DRAFT December 4, 2009 -9 1NO09•Ill A.t:l9�.A •N�:!•A4 • -�•/�%lel A/••A\�••C.A@��.J•JI:L�A•.l'..All�7\1r-�.�1�111�Af•,��r.�A�l�I�l�A7nAw7�Il:7��7�1:1unr�i�l:li7.i7A� -l9 CIA\l•/•�i\1A•tih�47\A\A'iR\I\••••..A\••Al` lama Mama ' : • •_ _ _ : • : i _ R.ItMasulzi .1 WIN III, also 110 WE i_ _ : _ ___ _ _ •__ : •_ _�:: e. All existing and proposed drainage fkififies (eialverts, pipes, etc.) with sizes and N Um _ _ _ _ _ _• anift"R'A'ffWIILM=0912 11JEWal • : 111 &ZI&V: _ • _ : masi - - - - - - - - - : - ow-w • - - • : • i • • :mpo • -Wk - - - -mrostsmoAtomis - 1�1�1\l:J• it M We See. 98-44. Othei pieffininazy pians.Reserved. ;. um oil .:.: ;; :.:.: ; -- .; it M We .:.:--•:: .. M-1, _ _ Ill Inglis Igamill gill.: \ -:. -: See. 98-45. City review. (a) The applicant shall submit copies of the preliminary plat and other information as prescribed in section 98-41 for review by the city staff. City staff shall determine the number City of Cape Canaveral Ordinance No. 04-2009 Page 9 of 19 DRAFT December 4, 2009 of copies to be submitted for review. Upon receipt of the documents required under this Division being presented to the Cit , the building offi planning official shall review and forward to the appropriate City reviewing staff engineer a copy of the loeation =17,- torographic all documents submitted and such other documents as he or she deems appropriate to enable the City reviewing staffengineer to review the application Viand either find approve the application to be sufficient, stibdivision or point out areas that are inadequate or improper. The City Attorney shall review the title opinion or certification, protective covenants, articles of incorporation and bylaws and shall make recommendations, if necessary. (b) Within ten thirty 30 days, the City reviewing staff engineer will return in writing all comments, recommendations and questions to the applicant. The applicant shalf thenfitme (c) Should any comment or recommendation made by a member of the City reviewing staff require the applicant to revise its submittal, the City 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 ofthe City reviewing staff, the applicant shall submit revised copies of the plat and other information as prescribed in section 98-41. The number of copies required shall be determined by city staff. Upon receipt of all documents, the planning official shall schedule the application for consideration by the Planning and Zoning Board. Sec. 98-46. Planning and Zoning Board and City Council review. (a) The Planning and Zoning Board shall review the snbdivision 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, er rejector modi the Board's recommendation. Sec. 98-47. General criteria for approval. Tine-limii. Before any preliminary plat is recommended for approval by the Planning and Zoning Board or approved by the City Council, the applicant must demonstrate, and the Planning and Zoning Board City of Cape Canaveral Ordinance No. 04-2009 Page 10 of 19 DRAFT December 4, 2009 or City Council must find, that the proposed preliminga plat meets the following criteria: (a) The application is in compliance with the provisions of this Chapter and applicable law. bbl The application is consistent with the City's comprehensive plan. (c) The application is compatible and in harmony with the surrounding neighborhood with respect to the size of existing; surrounding lots and development trends in the neighborhood which have been previously pproved by the City Council. The application does not create any lots, tracts of land or developments that do not conform to the City Code. (e) The application does not create burdensome congestion on the streets and highways. ff) The application promotes the orderly layout and use of land. (g) The application provides for adequate light and air. The application does not create overcrowding of land. The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. a The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. 11 1110,11 Mm w WINK MWAVW M ; 16i; i Sec. 98-48. Reserved. Time limit. The City Council's approval of a vreliminary plat shall be valid for a period of six (6) months unless a one (1) time six-month extension has been granted by the City Council for 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 shall be revoked and the applicant must re- apply under the provisions of this Article. City of Cape Canaveral Ordinance No. 04-2009 Page 11 of 19 DRAFT December 4, 2009 Secs. 98-49$ — 98-55. Reserved. DIVISION 4. FINAL PLAT Sec. 98-56. Conformance to preliminary plat. The subdivision final plat shall conform substantially to the preliminary plat, as approved by the City Council. Planning mid Zoning Board, and if desired by the subdivider, it may constitute oniy that portion of the approved preffininary plat whieh he rroposes to reewd and develop at the time; provided, however, that sneh pmtion eonf6rtns to all requirements of this . The plat may contain only that portion of the approved preliminary plat the subdivider intends to record and develop at the time. Any such portion shall meet the requirements of this Chapter. The final plat shall correct any inaccuracies indicated on the preliminary plat. Sec. 98-57. Number of cll Reserved. 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 -ix One 1 transparencyies (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 irk with all appropriate fees to enable the City cfcrk to record the documents in the public records of the County. The final plat shall comply with Chapter 177, Florida Statutes, and shall provide show the following additional information: - - - . . .. . . . . . . . . . .. . w. ::-; ; ii��LU.l /■ll/R:////t�J/w7ll/t.l/l:�/1. /.U.A1R./�.//\<R.Al�I//lel//.� City of Cape Canaveral Ordinance No. 04-2009 Page 12 of 19 - ..AW - ii��LU.l /■ll/R:////t�J/w7ll/t.l/l:�/1. /.U.A1R./�.//\<R.Al�I//lel//.� City of Cape Canaveral Ordinance No. 04-2009 Page 12 of 19 DRAFT December 4, 2009 (1$) Location and description of all permanent reference monuments. (10) Reference to recorded stbdivision plats of adjoining platted land by record nmile, dafe and number. (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. ta 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 'ol ining 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, zopies of the Articles of incorporation and the bylaws shall be provided. City of Cape Canaveral Ordinance No, 04-2009 Page 13 of 19 OWN- IIIIIIIIIIIS ta 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 'ol ining 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, zopies of the Articles of incorporation and the bylaws shall be provided. City of Cape Canaveral Ordinance No, 04-2009 Page 13 of 19 DRAFT December 4, 2009 Sec. 98-59. Documents required prior to approval. (a) The following items shall be required before for subdivision final plat approval earn be granted: (1) Documentation R -T from the City reviewingstaff taff ewer certifying the proposed subdivision is acceptable. (2) Either 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 aH unfinished improvements that are to be dedicated to the public, including,_ but not limited to streets, drainage facilities, street suns, sewer facilities, sidewalks and other improvements as shown on the final plat accomplished by the 6itr, ' . (3) Protective covenants in form for recording, if required. (4) Certification of approval by the Board City Council. (5) Other data as may be necessary which shall be determined by the City Council or Planning and Zoning Board. (b) Prior to the City Council's consideration of the final plat, the subdivider shall submit to the City an updated title opinion of an Attorney licensed in Florida or a certification by an abstractor or a title company showing that the record title to the land 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. The City Attorney shall review the title opinion or certification prior to the rty uouncii meernng Sec. 98-60. Application for approval. Application shall be made for subdivision final plat approval_ a minimum of two weeks r to the meeting at whieh it is to be eonsidered. (a) Upon the documents required under this Division being presented to the Cit}, 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 City 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 title opinion or certification, protective covenants, articles of incorporation and bvlaws and shall make recommendations, if applicable City of Cage Canavcral Ordinance No. 04-2009 Page 14 of 19 DRAFT December 4, 2009 bb) 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. (c) Should any comment or recommendation made by a member of the City reviewing staff require the applicant to revise its subdivision submittal, the City 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 WJ Upon receiving satisfactory reviews from all of the City reviewing staff and revised _copies ofthe plat, the planning official shall schedule the application for consideration by the Planning and Zoning Board. Sec. 98-61. Planning and Zoning Board and City Council Review: General Criteria for Approval. Recommendations of Planning and Zoning Board: (a) 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. Before any final plat is recommended for approval by the Planning and Zoning Board or approved by the City Council, the applicant must demonstrate, and the Planning and Zoning Board or City Council must find, that the proposed final plat meets the following criteria: (1) The application is in compliance with the provisions of this Chapter and applicable law. The application is consistent with the City's comprehensive plan. The application is compatible and in harmony with the surrounding neighborhood with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously Upproved by the City Council. The application does not create any lots, tracts of land or developments that do not conform to the City Code. (5) The application does not create burdensome congestion on the streets and highways. City of Cape Canaveral Ordinance No. 04-2009 Page 15 of 19 DRAFT December 4, 2009 (66,) The application promotes the orderly layout and use of land. 77) The application provides for adequate light and air. The application does not create overcrowding of land. (9,) The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. �_ The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. Sec. 98-62. Recording. The City shall be responsible for recording 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 fifteen (15) dgys of the date of the subdivider's updated title opinion or certification. developer must reeord the subdi-visioln final plat with the County and stirply the 6ity with written proof of the reeording, before a certifieale of oeenpaney -mill be grarAed. Secs. 98-643 — 98-65. Reserved. DIVISION 5. 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: 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 necessarYare provided by separate instrument. City of Cape Canaveral Ordinance No. 04-2009 Page 16 of 19 DRAFT December 4, 2009 Every lot split shall be processed in the following manner: Application. An application form provided by the community development department shall be completed and filed with the department accompanied with the following: a. An application fee approved by the City Council by resolution,• Copies of the proposed lot split; the number to be determined by staff; 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 by a duly licensed land surveyor registered in Florida. If a lot or tract of land contains anyprincipal or accessory structures, a survey showing the structures on the lot or tract of land shall accompany the application. e. A title opinion of an Attorney licensed in Florida or a certification by an abstractor or title company showin, that record title to the land subiect to the lot split is in the name of the applicant. The title opinion or certification shall also shove all mortgages not satisfied, released or otherwise terminated by law f. All mortgagees having a record interest in the land subject to the lot split shall execute a separate instrument, on a form acceptable to the CitX Attorney, joining in and ratifying the lot split. Said instrument shall be recorded in the public records of Brevard County as part of the lot split resolution. 2 City sta ff revicw. a. The applicant shall submit copies of the lot split application and other documents required by this section for review by the City staff. City staff shall determine the number of copies to be submitted for review. Upon receipt ofthe documents, the planning official shall review and forward to the appropriate City reviewing staff a copy of same and such other documents to enable the City reviewing staff to review the application and either find the application to be sufficient or point out areas that are inadequate or improper. City of Cape Canaveral Ordinance No. 04-2009 Page 17 of 19 DRAFT December 4, 2009 The City Attorney shall review the title opinion or certification. b. City reviewing staff shall return in writing all comments recommendations and questions to the applicant within 30 days of receipt of applicant's complete application. C. Should any comment or recommendation made by the City reviewing staff require the applicant to revise its submittal, the City 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. d. Upon receiving satisfactory reviews from all of the Citv reviewin staff, the applicant shall submit revised copies of the lot split and other information required by this section. The number of copies required shall be determined by City staff. Upon receipt of all documents, the planning official shall schedule the application for consideration by the City Council. Ccl 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 mgps and documents. 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 by the City Council, or parts 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. 04-2009 Page 18 of 19 DRAFT December 4, 2009 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: ANGELA APPERSON, City Clerk 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 ROCKY RANDELS, Mayor For Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No, 04-2009 Page 19 of 19 Against Preliminary & Final Plat Application a► START If Preliminary Plat, Pre -application meeting with staff Submit Application Packet unsinDute application packet to city engineer, planner, Public works, and city attorney For review and rnmmon+ Applicant submit additional copies of plat, etc. Schedule & Advertise for next P & Z meeting Prepare Staff Report If preliminary plat, Finished Revised Dec. 4, 2009 Schedule & Advertise for Council Mtg. City Council for approval Questions & Comments to Applicant If final plat, Finished Record I Reuised Dec. 4, zuuy d