HomeMy WebLinkAboutJanuary 27, 2010 - Board Packet2.�ORecommen at n to the City Council Re: Cape Caribe Revised Site Plan
c ' Michael Allen, P.E., Agent for Allen Engineering, Inc., Project Engineers.
®1,
OLD BUSINESS:
1. 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
�1Approval; 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 DISCUSSIONp
Ut�G,n. n
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ADJOURN
Pursuant to Section 286.1615F.S., the City hereby advises the public that: If a person decides to
appeal any decision made by the Community Appearance Board with respect to any matter conside
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 conse �
Dy 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 ma
include the attendance of one or more members of the Cape Canaveral City Council, Board of
Adjustment, Code Enforcement Board, and/or Planning & Zoning 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 (321)868-1221, 48 hours
in advance of the meeting.
7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247
www.cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com__
Date: January 22, 2010
To: Planning and Zoning Board members
From: Barry Brown, Planning and Development Director
RE: January 27, 2010 P&Z Board Meeting
The first item on the agenda is the revised site plan for Cape Caribe resort. The P&Z
Board has already reviewed and recommended approval for the comp plan amendment
and rezoning that make the revisions to the site plan possible. Staff has reviewed and
recommended approval of the revised plans (see Staff Report).
The second item is the continuing review of proposed revisions to the plat ordinance.
The City Attorney has made changes in accordance with recommendations from the
Board at its January 13, 2010 meeting.
City of Cape Canaveral, Florida
P&Z Board
January 27, 2010
Request: For site plan approval of revised site plans for Cape Caribe.
Applicant: Michael S. Allen
Owner of property: Cape Caribe, Inc.
Subject property: Cape Caribe Resort
Future Land Use and Zoning designation: R-3 Residential and C-1 Commercial
Surrounding zoning:
North — Port Canaveral and Jetty Park
East — Atlantic Ocean
South — R-3, Residential
West — M-1, Industrial
Surrounding uses:
North — Port Canaveral and Jetty Park
East — Atlantic Ocean
South — Solana Lake and Solana Shores
West — Coastal Fuels
History and Description
A site plan dated June 27, 2001 was approved for the Cape Caribe resort. The applicant
is proposing to reconfigure some operations on the existing property and add a 5 acre
parcel to the project. On the previously approved portion of the site plan the applicant is
proposing to provide additional parking, the removal of a building, extension of the
existing pool deck, and a minor revision to two building footprints.
The addition of the 5 acre parcel of land adjacent to the western boundary of the
existing project will bring the total area of the project to 35.95 acres. The proposed
development on the 5 acre parcel will include two 5 story hotel buildings containing 75
units each, an elevated parking deck, and the preservation o 1.2 acres over the --��
southwest corner of the site.
These changes have necessitated a revision to the site plan as well as a
comprehensive plan amendment, rezoning, and development agreement. The comp
plan amendment and rezoning were heard by the P&Z Board on Feb. 27, 2008 and the
Board recommended approval. The comp plan and rezoning requests had a first
1
reading with Council on March 18, 2008. At the second reading on April 1, 2008, the
requests were tabled until revised site plans were prepared.
Recently, the development agreement has been to the City Council in a series of three
workshops. It will be formally heard by the Council subsequent to P&Z review of the
revised site plan. Upon P&Z Board review and approval, the revised site plan will be
forwarded to the City Council along with the comp plan amendment, rezoning, and
development agreement for review and final decision.
Staff Recommendation to the Planning and Zoning Board
Staff has reviewed the revised plans and recommends approval subject to the
conditions of the development agreement.
2
MEMORANDUM
TO: Barry Brown
Planning and Development Director
THROUGH: Walter Bandish
Public Works Director
FROM: Jeff Ratliff
Assistant Public Works Director
City of Cape Canaveral
858-1240
DATE: 12/01/09
RE: Cape Caribe
4th Site Plan Review — Public Works
Public Works has reviewed the referenced site plan submittal and has no further
comment. City staff recently attended a meeting between the Developer and Port
Canaveral officials — the proposed project to alleviate future flooding concerns (pump
drawdown system) is moving toward resolution.
December 7, 2009
Barry Brown
Planning & Development Director
City of Cape Canaveral
7510 N Atlantic Ave
Cape Canaveral, FL 32920
RE: Site Plan Review #4
Cape Caribe
S +A # 05-0025 U07-1004
Dear Barry:......
Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) has reviewed
the above -referenced project and based on our review, SSA recommends said plan for
City approval.
This review does not rel'eve the applicant from other local, state, and federal agencies
having jurisdiction over the project site. Should you have any questions regarding this
letter, please do not hesitate to call.
Sincerely,
Stottler Stagg & Associates
Architects, Engineers, Planners, Inc.
W
,John A. rekar, PE
City Engineer
cc: Susan Chapman, City of Cape Canaveral
Fire:
City Engineer's Review Fee for Review #4
NOTICE OF ADDITIONAL FEES
As this project is being reviewed under the original City c
Engineering Fees for all reviews after 2nd review will be billed at $
SI'0=R SI'AGG & ASSOCIATEs ARCHITECTS ENGINEER;
8680 North Atlantic Avenue P. 0. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-13:
P:0-0025057 ',0MRAI -Cape Caribe Site Plan RE;iie 1 00,329 #EB0000762 #LB0006700
0
Susan Chapman
From: John Cunningham Dcunningham@ccvfd.org]
Sent: Tuesday, August 26, 2008 2:16 PM
To: chapman-cape@cfl.rr.com
Subject: Re: Cape Caribe/Site Plan Changes
Susan,
I have reviewed the site plan changes and have no comments at this time.
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(v.le)
08/26/2008
A
LLEN
-engineering, Inc.
Mr. Todd Morley, Building Official
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Re: Cape Caribe
1000 Shorewood Drive
Dear Mr. Morley:
(321) 783-7443
FAX (321) 783-5902
106 DIXIE LANE - P.O. BOX 321321, COCOA BEACH, FLORIDA 32932-1321
30 July 2008
Transmitted herewith is an Site Plan Review Application package for a -modification to the
project referenced above. The application package includes the following:
1. One (1) Site Plan Payment Receipt
2. One (1) Application for Site Plan Review
3. One (1) Site Plan Checklist
4. Seven (7) sets of construction drawings
5. Two (2) Stormwater Computations
6. Two (2) Boundary and Topographic Surrey
7. One (1) Each - Water and Sewer Concurrency Evaluation Certificates
8. Two (2) Traffic Impact Analysis
9. One (1) Check in the amount of $4,755.50
The enclosed application is for a modification to the existing Cape Caribe site plan. The
modifications include a reduction in the number of residential buildings and the expansion of the
pool and deck area. The enclosed stormwater computations have not been modified as there
have been no changes to the lake system serving Cape Caribe, Solana Lakes, and Solana
Shores. In fact, as part of this submittal, the impervious area has been reduced and additional
exfiltration pipes have been added. Thus, the impact to the existing lakes should be reduced.
Hopefully the information provided is sufficient for you to complete you review. If you have
any questions or need any additional information, please don't hesitate to call.
Very truly yours,
Michael S. �Ilen, P.E.
Enclosures
cc: Maath Bennett, Benko Construction Co.
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FEE: - -�5t oC>
PROJECT IiAME:
LEGAL DESCRIPUON:
DATE: r1- 30 - o
—ME:
ADDRESS:
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SI'Z'E PLAN APPROVAL PROCEDURE:
Step I, Site PIan SubMittal and Review Required:
Yes NO� ed.
New commercial building or structure?
ew residential strucres with units? threeo
or more dive�g
Commercial addiriol'S eYceedincr
$_0 square feet?
If yes has been checked on any of the above
L-req-u-ired. — . a site- I-an-suh
p mai an review
Step ?. Submit five (:1 copies Profess T yne P , .z envied in the n signed and
Professional ung; ar 1- sealed by a
rig fee to the Building tate of Florida along th a
Department 30 days prior to the Planning and
honing Board mentis_, ('The Board meets the end and 4th � '
of every month.) ednesdav
The Building Department shall distribute the site plans to
depar�entS and return comments to the applicant within he f°llowing
submirtaI• (} days of its
1. Ciry Engineer
= Building Department
3 Fire ()fT cial
s• Florida De a L
p z `mens of Environmental Protection
(if appropriate)
;tep 3. The applicant shall return nine (9) copies of the revised
with Written responses to all co site plan along
a Pia comments at least seven (i) days prior to
ening and Zoning meeting
tep 4. Compliance «rith Stormwater CoIIcurrencv ISI na^ame_�
tem 5. The Building Department will -crura one (I) copy of the
applicant marked with the Board's approval subject to c SntQ pian to the
applicable.) o..tingencies (if
SITE PLAN CBECKI IST
SITE PLAN INFORMATION:
Yes No N.A.
Si7e height "umber of units and location Of Proposed and
emoting structures.
Dimensions
to structures.
parkingand landscaping.
Number of UnTLS
Number Ofparking spaces and loading zones
Traffic flow diagram
Density (units per acre)
Locndon and. dimension for the following areas:
Park(s)
Canal (s)
-VIT.-a t e r-w'a y (s)
Boat slip(s)
Parking
tz
SwLM-Min"- pools)
Driveway (s)
Recreation
SITE PLAIN CBEC,KLIST (—CON-7INUED)
PAGE 2
Yes No
N.A.
Trash
Sidewalks
Dune crossovers
Other (specify-)
T�,Te of enclosure for CQ-mmunaL
Fire alarm and standpipe data
ti iciniry man
apn,
UP
Location of planned landscaping
Finished zmodes for the following:
Entire parcel
Finished floors
Parking lot-,
Sidewalks
10" of adjoini-21 property
Details. sections and specifications
Street LighLs
'Water and sewer
apn,
UP
SITE PLAN CljECXL15T
CON T"L IJ -ED)
3 .
Yes No N. 4.
--
Paving and draina e
e
_ —
Curbs;.
—"
Storm drains
Sidewalks
En ain e e r' q�eal--o-o - drawing s
Souare foota?e of building areas
L1S'ina
y
Parking
Other (spec fvj
`— — —
Total under roof
ReQLlire�Ldotes:
/
Sidewalk and sarzitary
sewers to he constructed to City
Cape Canaveral standards of
Water Iinec to conform to City of Cocoa standards
Fire alarm system to be installed and connect to City of
Cape Canaveral Fire Department
standards. -
TGFOGRAYIUC
ST.7.ti-Ey
USC and G.;, datum plane
_
Existing strut lights
nW
A portion of Section 14, Township 24 South, Range 37 East, Brevard
County, Florida, being more particularly described as follows:
Commence at the Northwest corner of said Section 14; thence
N89'43'34'E, along the North line of the Northwest one—quarter of
said Section 14, a distance of 2,639.94 feet to the North one—
quarter corner of said Section 14; thence N89'4543"E, along the
North line of the Northeast one—quarter of said Section 14, a
distance of 11.60 feet, to the Northeast corner of lands described
in Official Records Book 3830, Page 1294 of the Public Records of
Brevard County, Florida and the POINT OF BEGINNING of the herein
described parcel, • thence continue, N89'45 43"E, along the North
line of the Northeast one—quarter of said Section 14, a distance of
1,307.56 feet, to the Northwest corner of Government Lot 1 of said
Section 14; thence SD 129'01 E along the West line of said
Government Lot 1, a distance of 260.06 feet, • thence N8945 43E,
a distance of 1,800.34 feet, to a point on the Erosion Control Line
of the Atlantic Ocean; thence the following 4 courses along said
Erosion Control Line: (1) S21'3426"W, a distance of 34.41 feet;
(2) S24'22 25"W, a distance of 222. 11 feet; (3) S25'07'33"W, a
distance of 214.03 feet, (4) S26'17'25"W, a distance of 40.16
feet, to a point on the North line of SOLANA SHORES, A CONDOMINIUM;
thence the following 10 courses along the Northerly lines of said
SOLANA SHORES. • (1) N68'20'23 W, a distance of 581.68 feet; (2)
S89'46 33"W, a distance of . 435.12 feet; (3) S00° 13 27'E a
distance of 271.75 feet; (4) S89'48'061W a distance of 161.58
feet to a point of intersection with a non—tangent curve, concave
Westerly, having a radius of 147.43 feet and a central angle of
45'35 53'; (5) Southerly, along the arc of said curve to the
right, a distance of 117.33 feet (said arc subtended by a chord
bearing S19'58'58"W a distance of 114.26 feet), to a point of
intersection with a hon—tangent line, (6) 589'4742"W, a distance
of 233.42 feet, to a point of intersection with a_ non—tangent
curve, concave Northeasterly, having a radius of 116.07 feet and a
central angle of 12'09'2J",- (7) Northwesterly, along the arc of
said curve to the right, a distance of 24.63 feet (said arc
subtended by a chord bearing N36'14'05"W, a distance of 24.58
feet), to a point of intersection with a non—tangent curve,
concave Southwesterly, having a radius of 6373 feet and a central
angle of 77'45'08'; (8) Northwesterly, along the arc of said
curve to the left, a distance of 86.49 feet (said arc_ subtended by
a chord bearing N66'1154"W, a distance of 80.00 feet), to a
paint of Wergertinn with a non—tangent curve, concave
Northeasterly, having a radius of 35.40 feet and a central angle of
106'19'44",• (9) Northwesterly, along the arc of said curve to the
right, a distance of 65.70 feet (said arc subtended by a chord
bearing N54'00'44"W, a distance of 56.67 feet), to a point of
intersection with a non—tangent line; (10) S89'4633"W, a
distance of 31.11 feet, to a point on the West line of said
Government Lot 1; thence NO1 29'01 "W along the West line of said
Government Lot 1, a distance of 232.95 feet, to a point on the
Easterly extension of the North line of SOLANA LAKE, A CONDOMINIUM,•
thence S89`454J W, along said Easterly extension and along the
North line of said SOLANA LAKE, a distance of 1,063.04 feet, • thence
NO 29'01 "W, a distance of 66.02 feet; thence S89'4543"W a
distance of 251.32 feet, to a point on the East line of said lands
described in Official Records Book 3830, Page 1294 of the
Public Records of Brevard County, Florida; thence NOO'42'17"W,
along said East line, a distance of 500.02 feet, to the POiNT OF
BEGINNING, Containing 32.71 acres, more or less.
DRAFT January 22, 2010
ORDINANCE NO. -2010
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 streamline and update the requirements and
procedures for consideration and approval of subdivision preliminary and final plats consistent with
the requirements of Chapter 177, Florida Statutes; and
WHEREAS, the City Council desires to create an abbreviated lot split procedure for the
subdivision of one lot into two lots; 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 strikeon 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
City of Cape Canaveral
Ordinance No. _-2010
Page 1 of 19
this Ordinance):
Chapter 98. SUBDIVISIONS
ARTICLE II. PLATS & LOT SPLITS
DIVISION 1. GENERALLY
DRAFT January 22, 2010
Sec. 98-31. Division of land; review and approval required; zoning. Reserved.
(a) 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 property without first having divided such property in accordance with the requirements
of this article. Before such lot or tract is divided, the lots or tracts proposed to be divided
shall be surveyed by a duly licensed Florida 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. 98-3217— 98-35. 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 platy plat or lot split
approval shall meet with staff in a preapplication conference.
preapplication conference and screening proees,- ftvailable to all site piftn -. 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-p1mi plat or lot split will be submitted. However, the applicant is cautioned
City of Cape Canaveral
Ordinance No. _-2010
Page 2 of 19
DRAFT January 22, 2010
that the preapplication screening process is not intended to be a substitute for the formal ,plat
or lot split site plan 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 siteplanplat or lot split submittal and review
procedures.
.ago III
9
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112 t"
(b e) The applicant will provide €ive-eopies preliminary drawings of the proposed plat or lot
slit oto 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 btfilding depaftment five days
__r to the preapplication eonferenee.
(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.
(2) General description of the 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) I-- ..'__. _L `-n - 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.
Sees. 98-37 — 98-40. Reserved.
City of Cape Canaveral
Ordinance No. _-2010
Page 3 of 19
DRAFT January 22, 2010
DIVISION 3. PRELIMINARY PLAT
See. 98-41. Information required.
The following information shall be provided to the community development department:
(a) A completed application on a form prescribed bythe CityMana e� r requesting review
of the preliminary plat under this Division.
The preliminary plat, which shall:
Conform to the requirements of Chapter 177, Florida Statutes this Code and
any other applicable statutes and regulations.
Bear the certification of a registered Florida surveyor certifying the accuracy
of the 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:
I 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.
j Boundary lines (including bearings and distances) lot lines lot
numbers and block number.
Location and description of monuments.
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.
Size data including total acreage, number of lots typical lot size in
acres, parks, public open space, etc.
City of Cape Canaveral
Ordinance No. _-2010
Page 4 of 19
DRAFT January 22, 2010
a Location map showing the site in relation to the existing community_
including the name of the development and its location and main traffic
arteries.
%rU?,
(c) Topographic m* 4QLm. showing vj elevations of the tract based on a datum
plane approved by the City engineer as follows:
W 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
(2,) For land that slopes more than approximately wo 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
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 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
—,K(5) �Zoning designation on and adiacent to tract.
1�> Proposed public improvements including roadways space reserved or dedicated for
arks, blaygyrounds or other public uses or other major improvements planned by public
authori ies for future construction on or near tract_
Photographs of the tract, at the request of the Planning and Zoning Board.
e� A filing fee, as established by resolution of the City Council.
Other preliminary plans, if available which clarifv thea plication
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
City of Cape Canaveral
Ordinance No. _-201C
Page 5 of 19
DRAFT January 22, 2010
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.
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--.--.rre,d in reviewing and approving submittalsshall accompany the application.
Sec. 98-42. Topographie data. Reserved.
City of Cape Canaveral
Ordinance No. _-2010
Page 6 of 19
DRAF T January 22, 2010
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Ordinance No. _-2010
Page 7 of 19
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City of Cape Canaveral
Ordinance No. _-2010
Page 7 of 19
DRAFT January 22, 2010
Sec. 98-43. . Reserved.
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City of Cape Canaveral
Ordinance No. _-2010
Page 8 of 19
DRAFT January 22, 2010
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Sec. 98-44. Other preliminary plans-. Reserved.
Sec. 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
of copies to be submitted for review. Upon receipt of the documents required under this
Div ision being presented to the 6it , the building offi planning official shall review and
forward to the appropriate City reviewing staff engineer a copy of the location
topographic Map, preliminary all documents submitted and such other documents as
deemed -==R appropriate to enable the City reviewing staff engineer to review the
City of Cape Canaveral
Ordinance No. _-201 C
Page 9 of 19
OWNER- MORRIS=
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Sec. 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
of copies to be submitted for review. Upon receipt of the documents required under this
Div ision being presented to the 6it , the building offi planning official shall review and
forward to the appropriate City reviewing staff engineer a copy of the location
topographic Map, preliminary all documents submitted and such other documents as
deemed -==R appropriate to enable the City reviewing staff engineer to review the
City of Cape Canaveral
Ordinance No. _-201 C
Page 9 of 19
DRAFT January 22, 2010
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 or certification, protective covenants, articles of incorporation and bylaws and shall
make recommendations, if necessary.
(b) Within tett thirty 30 days, the City reviewing staff engineer will return in writing
all comments, recommendations and questions to the applicant.
ten woiking days to eotnpi�- -mitti tfie eity, engineer's written request mid stbmit the
infbrmation as corrected and/or modified to the eitr.
(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 ci1y staff. Upon receipt of all
documents, the planning official shall schedule the application for consideration by the
Plannin, and Zoning Board.
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 rejector modi the
Board's recommendation.
Sec. 98=47. General criteria for approval. Tinic limit.
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
or City Council must find, that the proposed preliminary plat meets the following criteria:
(a) The application is in compliance with the provisions of this Chapter and applicable
law.
City of Cape Canaveral
Ordinance No. _-2010
Page 10 of 19
DRAFT January 22, 2010
The application is consistent with the City's comprehensive1p an.
(c) The application does not create any lots tracts of land or developments that do not
conform to the City Code.
The application provides for proper ingress and egress through a public or approved
private street or perpetual cross access easements.
Sec. 98-48. Reseed. Time limit.
The City Council's approval of a preliminary 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.
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. Hunnh r, and Zoning Board, and if desired by the subdivider, it
proyMed, however, thaf Stich poftion Contornis to aff 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 copies. Reserved.
City of Cape Canaveral
Ordinance No. _-2010
Page 11 of 19
2; - M.- I
Sec. 98-48. Reseed. Time limit.
The City Council's approval of a preliminary 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.
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. Hunnh r, and Zoning Board, and if desired by the subdivider, it
proyMed, however, thaf Stich poftion Contornis to aff 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 copies. Reserved.
City of Cape Canaveral
Ordinance No. _-2010
Page 11 of 19
DRAFT January 22, 2010
See. 98-58. Data required for final approval.
(aa,) 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.
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 Merle with all appropriate fees to enable the City elerk to record the documents in the
public records of the County.
(c) The final plat shall comply with Chapter 177, Florida Statutes, and shall additionally
show the f6flowing. include a dedication statement by the owners) if dedicating streets or
rights -of -wad for public use. The dedication must be executed by 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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City of Cape Canaveral
Ordinance No. _-2010
Page 12 of 19
DRAFT January 22, 2010
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Sec. 98-59. Documents required prior to approval.
(a) The following items shall be required befare for subdivision final plat approval earn
be granted:
(1) Documentation A eerfificafe from the City reviewing staff engineer certifying
the proposed subdivision is acceptable.
(2) Eithe"An irrevocable letter of credit, performance bond or certified check,,
in a form acceptable to the City Attorneywhich will enable the City to complete any
aft unfinished improvements that are to be dedicated to the public, includinv,, but not
limited to streets, drainaze facilities, street sins, sewer facilities, sidewalks and other
improvements as shown on the final plat
(3) Draft ofprotective covenants, if applicable whereby the subdivision proposes
to regulate land use in the subdivision and otherwise protect the proposed
L a i. .
development . lfthcre �s o be a It association established copies of the
Articles of incorporation,and the bvlaws shall be brovided. Proteetive covenants
(4) Certification of approval by the $exrd City Council.
(5) Other data as may be necessary which shall be determined by the City
Council Planning and Zoning Bo=d.
Prior to the City Council's consideration of the final plat, the subdivider shall submit
City of Cape Canaveral
Ordinance No. _-2010
Page 13 of 19
DRAFT January 22, 2010
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 City Council meeting,
Lei 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.
Sec. 98-60. Application for approval.
Application shall be made for subdivision final plat approval as follows:
weeks prior to the ineefing at whieli it is to be considered.
f a� 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 Cid
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 bylaws and shall
make recommendations, if applicable.
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 t hen forward all documents to the applicant.
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. PlanninL, and Zoning Board and City Council Review; General Criteria for
Approval. Recommendations of Planning and Zoning Boartk
(a) When all requirements under this Division have been satisfied, the Planning and
City of Cape Canaveral
Ordinance No. _-2010
Page 14 of 19
DRAFT January 22, 2010
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, or modify 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.
(22,) The application is consistent with the City's comprehensive plan
3 The application does not create any lots tracts of land or developments that
do not conform to the City Code.
(44) 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 fifteens 15) days of the
date ofthe subdivider's updated title opinion or certification. developei mast record the snbdivisiorl
final plat with the eounty and supoy, the eity, with written pt oof of the recording, before a certificate
of occupancy, will be granted.
Sees. 98-643 — 98-65. Reserved.
DIVISION 5. LOT SPLITS
Sec. 98-63. Lot splits.
(a) An application for lot split shall be processed by combining the procedures applicable
to preliminary and final plat applications into one (1) consolidated application and review
process as set forth in this section.
khh For purposes of this section, the term "lot split" shall mean a division of a tract of
City of Cape Canaveral
Ordinance No. _-2010
Page 15 of 19
DRAFT January 22, 2010
land or lot that will result in the creation of exactly one (1) additional tract of land or lot
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 necessary, are provided by separate
instrument.
(c) Application. Applicants seeking lot split approval shall provide the following to the
community development department:
A complete lot split application on a form prescribed by the city manaer.
(2,) Theinformation required for preliminary plat approval set forth in section 98-
41 of this article.
A filing fee established by resolution of the City Council.
City staff review.
Upon receipt of a complete lot split application, 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. The City Attorney shall review the title opinion or certification
_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.
Should any comment or recommendation made by the City reviewingstff
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.
(4) Upon receiving satisfactory reviews from all of the City reviewing 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
City of Cape Canaveral
Ordinance No. _-2010
Page 16 of 19
DRAFT January 22, 2010
consideration by the Planning and Zoning Board.
(e) Public hearings.
(11.) The Planning and Zoning Board shall consider an application for lot split at
a duly noticed public hearing and shall vote to recommend approval or disapproval
of the lot split to the City Council.
(22) Upon receipt of the Planning and Zoning Board's recommendation the City
Council shall, at a duly noticed public hearing review and consider the Planning and
Zoning Board's recommendation and shall either approve or deny the proposed lot
split. Any approval of a lot split shall be by resolution of the City Council
fa Before any lot split 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 lot split meets the following
criteria:
The proposed lot split is in compliance with the provisions of this Chapter
and applicable law.
QI The application is consistent with the City's comprehensive plan
The application does not create any lots, tracts of land or developments that
do not conform to the Cites
The application provides for proper ingress and egress through a public or
approved private street or perpetual cross access easements.
�gj Special notice for residential lot splits Any proposed lot split of a residentially
zoned property shall require special notice be provided to adjacent property owners at least
fourteen (14) days prior to the Planning and Zoning Board hearing on the proposed
residential log spilt. Said notices wail be provided by regular mall t0 adjacent pro eliy
owners within 500 feet of the property subject to the lot split application and shall include
the address and legal description of the subiect property, and the date time and location of
the Planning and Zoning Board hearing. Notices provided under this subsection are hereby
deemed to be courtesy notices only and the failure to provide or receive said notices shall not
be a basis of appealing any decision made under this section Applicants shall be solely
responsible for the cost of the notices required by this subsection.
Upon approval of any lot split by resolution of the City Council the resolution shall
be duly recorded in the public records of Brevard County and reflected on the appropriate
City of Cape Canaveral
Ordinance No. _-2010
Page 17 of 19
DRAFT January 22, 2010
City maps 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 ofprior 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
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
, 2010.
ATTEST:
ANGELA APPERSON, City Clerk
First Reading:
Legal Ad published:
Second Reading:
ROCKY RANDELS, Mayor
For
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
Bob Hoog
Buzz Petsos
Rockv Randels
C. Shannon Roberts
Betty Walsh
City of Cape Canaveral
Ordinance No. _-2010
Page 18 of 19
Against
DRAFT January 22, 2010
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. _-2010
Page 19 of 19
Kate Latorre
From: Hartley Charles [Charles. Hartley@xlgroup.com]
Sent: Wednesday, January 27, 2010 1:59 PM
To: Kate Latorre
Cc: beazzycape@cfl.rr.com; famruss376@cfl.rr.com; dsamudrazupta@aol.com; harrymp@cfl.rr.com;
Rfriedman999@bellsouth.net; brown-cape@cfl.rr.com; Earl McMillin
Subject: _-2010 Ord.
Hi Kate,
I have one question on the re -draft.
98-63(i) was written prior to the the last revisions that combined the preliminary and final plat application into the
lot split Ord.
It still has the language that referenced" u n less plat." Since the waiver language has been removed, this conflicts
with 98-63(a) & (b) language.
It can be corrected by simply ending the sentence after the word "section," and omitting the rest of that sentence.
Thanks for your assistance.
Thanks,
Charlie
Charles Hartley
399 Holman Road
Cape Canaveral, FL 32920
321-783-8367
Cell 321-431-5704
CONFIDENTIALITY: This communication, including attachments, is for the exclusive use of the addressee(s) and
may contain proprietary, confidential or privileged information. If you are not the intended recipient, any use,
copying, disclosure, or distribution or the taking of any action in reliance upon this information is strictly prohibited.
If you are not the intended recipient, please notify the sender immediately and delete this communication and
destroy all copies.
1/27/2010
Page 1 of 1
Susan Chapman
From: Kate Latorre [klatorre@orlandolaw.net]
Sent: Wednesday, February 03, 2010 11:21 AM
To: Barry Brown
Cc: chapman-cape@cfl.rr.com
Subject: Public Notice of Cape Caribe DA
Attachments: Kate Latorre.vcf
Barry,
As you prepare to take the Cape Caribe site plan and DA forward to the City Council, please be mindful of the statutory
advertising requirements for the DA.
Section 163.3225(2), Florida Statutes, requires that notice of intent to consider a development agreement shall be
advertised approximately 7 days before each public hearing in a newspaper of general circulation in the county. Notice
must also be mailed to affected property owners prior to the first public hearing. (The day; time and place of the second -
public hearing should be announced at the first public hearing, but no notice to affected property owners is necessary for
second hearing).
The notice is required to specify the location of the land subject to the development agreement, the development uses
proposed on the property, the proposed population densities and the proposed building intensities and height. It must also
specify a place where a copy of the DA can be obtained.
Please let me know if you have any questions regarding the DA advertising requirements
Kate
Katherine W. Latorre, Esq.
Board Certified in City, County & Local Government Law
111 N. Orange Avenue, Suite 2000
P.O. Box 2873
Orlando, Florida 32802-2873
Phone (407) 425-9566
Fax (407) 425-9596
Kissimmee (321) 402-0144
Cocoa (866) 425-9566
Website: www.oriandolaw.net
Email: klatorre@orlandola_wnet
Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering
process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in
reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly,
you should consider sending communications to us which are particularly important or time -sensitive by means other than
e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information
intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended
recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that
reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and
delete it from your system. Thank you.
02/03/2010