HomeMy WebLinkAboutMarch 26, 2008 - P & Z Board Packetcall to Order
Roll Call
NEW BUSINESS
City of Cape
qG & ZONING BOARD REGULAR MEETING
CITY HALL ANNEX
111 POLK AVENUE
MARCH 26, 2008
AGENDA
7:30 P.M.
I. Approval of Meeting Minutes:
t f OZ
vn
March 12, 2008.
OLD BUSINESS
1 Lr� Review and Recommendation to City Council Re: Proposed
Ordinance Amending Chapter 98, Clarifying Requirements for
� ��s,ry�Consideration and Approval of Subdivision Preliminary and Final Plats
�° X ' tent with the Requirements of Chapter 177, Florida Statutes.
2. Discussion Re: Mixed Use Districts.�a
OPEN DISCUSSION-�
ADJOURN
Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a'�
person decides to appeal any decision made by the Planning and Zoning Board _
with respect to any matter rendered at this meeting, that person will need a r
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 i%
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 I/
of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges \°
or appeals not otherwise allowed by law. This meeting may include the U
attendance of one -or more members of the Cape Canaveral anaveral City Council, Boar, '
of Adjustment, Code Enforcement and/or Community Appearance
may or may not participate in Board discussions held at this ubl Board who _
Persons with disabilities needinge
assists p meeting. q
proceedings should contact the City Clerk's office a t' 868-1221,x48 hny of ou se in
advance of the meting:
105 Polk Avenue • Post Office Box 326 s Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 3 FAX: (321) 868-1247
www.myflorida.com/cape ® email: ccapecanaveral@cfl,rr.com
PLANNING & ZONING BOARD
MEETING MINUTES
MARCH 12, 2008
A Regular Meeting of the Planning & Zoning Board was held on March 12, 2008,
at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson
Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the
roll.
MEMBERS PRESENT
Bea McNeely
Lamar Russell
Donald Dunn
Harry Pearson
John Johanson -
Ronald Friedman
MEMBERS ABSENT
John Fredrickson
OTHERS PRESENT
Susan Chapman
Robert Hoog
Shannon Roberts
Kate Latorre
Todd Morley
Todd Peetz
NEW BUSINESS
Chairperson
Vice Chairperson
1 st Alternate
2nd Alternate
Board Secretary
Mayor Pro Tem
Council Member
Assistant City Attorney
Building Official
City Planner
1. Approval of Meeting Minutes: February 27 2008
Motion by Donald Dunn, seconded by Lamar Russell, to approve the meeting
minutes of February 27, 2008. Brief discussion followed. Vote on the motion
carried unanimously.
2. Review and Recommendation to City Council Re: Proposed Ordinance
Amending Section 22-40,_Clarifying which Properties are Subject to
Community Appearance Board Review.
Planning & Zoning Board
Meeting Minutes
March 12, 2008
Page 2
Todd Morley, Building Official, explained that when Ordinance No. 04-2003 was
written, the intent was to require Community Appearance Board approval for any
change to the exterior of a building or roof color in the commercial zoning district.
When the change of color issue was discussed and codified in 2003, the
codification had the unintended effect of appearing to remove all residential
development from the scope of the Community Appearance Board. Mr. Morley
advised that the solution was to insert the words "in all zoning districts" in the first
sentence of Section 22-40(a). Mr. Morley read the code section for the record.
Discussion followed.
Chairperson McNeely asked if the Community Appearance Board had been
informed of the proposed code clarification. Mr. Morley responded that the
Community Appearance Board was not made aware of the proposed code
amendment, because the purpose was to preserve the original intent; however,
he could inform the Board before the change is presented to the City Council.
Assistant City Attorney, Kate Latorre, advised that she would present the
proposed code clarification to the Community Appearance Board at their meeting
Monday evening.
Motion by Harry Pearson, seconded by Lamar Russell, to recommend approval
of the proposed ordinance amending Section 22-40, clarifying which properties
were subject to Community Appearance Board review. Vote on the motion
carried unanimously.
3. Review and Recommendation to City Council Re. Proposed Code
Amendment, Section 110-28. Courtesy Notices
Todd Morley, Building Official, advised that city staff performed a survey on how
other municipalities send zoning related notices to affected property owners. He
summarized the results of the survey as follows: 12 municipalities responded;
2 of 12 send postcards; 7 or 12 send regular mail; 2 of 12 send by certified mail;
and 1 of 12 send the notices by regular or certified mail depending on the issue.
Mr. Morley advised that City staff also reviewed the history of undelivered
certified courtesy notices from the last four special exception requests. He
summarized that approximately 22% of the notices did not make it into the hands
of the property owner. The Board members reviewed the survey. Brief
discussion followed. Mr. Morley explained that if the City mailed bright orange
postcards, it is likely that more property owners would receive them, which would
result in increased owner/citizen participation. Mr. Morley read the existing
definition of a courtesy notice from the City code. He explained the benefits of
sending the courtesy notices via regular mail as follows: the notices would be
less of an expense to the applicant; less staff time monitoring return receipts; and
there may be a greater likelihood that the courtesy notice would end up in the
owner's hands with little effort on their part.
Planning & Zoning Board
Meeting Minutes
March 12, 2008
Page 3
He read the proposed change to the ordinance allowing courtesy notices to be
processed by regular mail or post cards. Brief discussion followed. Kate Latorre,
Assistant City Attorney, encouraged the Board to consider the Building Official's
recommendation, because the notice was simply a courtesy notification to
affected property owners, not a requirement. The Board members reviewed Mr.
Morley's proposed code amendment. Brief discussion followed.
otion by Lamar Russell, seconded by d arrow to recommend approval
of the proposed code amendment, with the City Manager deciding if the notices
would_ be sent_ _certified or regular mail depending- on - the issue. Following -
discussion, Mr. Russell withdrew his motion. Discussion followed.
Motion by Lamar Russell, seconded by Harry Pearson, to recommend approval
of the proposed code amendment as drafted by the Building Official. Vote on the
motion carried unanimously.
OLD BUSINESS
1. Discussion Re: Mixed Use Districts.
Todd Peetz, City Planner, explained that the Florida Redevelopment Association
may be attending the Board's meeting on April 9th or May 14th to educate the
Board on community redevelopment. Lamar Russell noted that the Board would
also be educated on lessons learned. Following discussion, Mr. Peetz advised
that the first meeting with an associate from the Florida Redevelopment
Association would educate the Board on mixed -uses and lessons learned; and
then the associate would come back at another meeting to discuss how the City
could benefit from the Community Redevelopment Agency.
Todd Peetz advised that he performed research as requested by Mr. Dunn at the
last meeting on failed mixed use districts. He explained that he performed a
Google computer research and he found only one article about a mixed use
development that was not developed because of the economy. Mr. Peetz
pointed out and highlighted some of the articles contained in the Board packet.
During discussion, the Board looked forward to a speaker coming in and
educating them on mixed uses. Mr. Russell commented that the City could add
pictures in the City code of expectations of mixed uses the City favored and show
illustrations of do this, not this. Mr. Russell suggested that the Board members
review the existing residential planned unit development code to familiarize
themselves on types of mixed uses.
Planning & Zoning Board
Meeting Minutes
March 12, 2008
Page 4
OPEN DISCUSSION
Donald Dunn thanked City staff for providing the most recent traffic study. Todd
Peetz, City Planner, advised that a representative from Luke Transportation
could come and speak to the Board to explain the traffic study and make
suggestions on what the City could do when the traffic counts meet their
maximum. Ron Friedman noted that most of the City's traffic comes from
Orlando and Cocoa Beach and travels through the City bringing the count up.
He explained that traffic counts were subjective, not objective. He pointed out a -
mistake on the report, in Appendix C, that Bayside townhomes should not be
listed in the vested category, because the project was built -out - 2006/2007. k a
i - 0
There being no further business the meeting was adjourned a 8:32 p.m.
Bea McNeely, Chairperson
Susan L. Chapman, Secretary
Meeting Type: Planning & Zoning
Meeting Date: 3/26/08
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANAVERAL
AGENDA
Heading
FN Business
Item
No.
#1
SUBJECT: Review and Recommendation to City Council Re: Proposed Ordinance Amending Chapter 98,
Clarify Requirements for Consideration of Approval of Subdivision Preliminary and Final Replats
Consistent with the Requirements of Chapter 177, Florida Statutes
DEPT./DIVISION: Building Department
Requested Action:
Review and Recommend to City Council approval, approval with amendments, or denial of proposed
ordinance amending Chapter 98.
Sununary Explanation & Background:
The current platting ordinance is recognized as being out of date to with Chapter 177, F.S. and with what the
County Clerk requires in order to record a plat. The proposed ordinance is to rectify the inconsistencies with
the Florida Statutes and bring the ordinance current with other related issues, i.e. number of copies to be
submitted.
Exhibits Attached: Copy of proposed ordinance
Planning Official's Office
Department
Planning &Zoning Board
Meeting Minutes
October 10, 2007 --e)
CIA -
Page 2
2. Recommendation to City Council - Ordinance Re: Clarifying the Criteria
Required for Preliminary and Final Subdivision Plat Review and Approval
Todd Peetz, City Planner, explained that the city had recently begun processing
final plats for recording, and upon submitting final plats to the County Clerk for
recording, the County Clerk required additional information than what is required
by city code. He advised that the proposed ordinance clarified the criteria
required for preliminary and final subdivision plat reviews and approvals, in
compliance with the Brevard County ClerkandChapter 177, Florida Statutes
The Board members reviewed and held discussion regarding the proposed
ordinance.
Motion by Lamar Russell, seconded by Donald Dunn, to recommend approval of
the proposed ordinance, with minor changes, as discussed, to include that the
final plat be recorded within fourteen (14) days of City Council approval. Vote on
the motion carried unanimously.
OPEN DISCUSSION
Todd Morley, Building Official, reviewed the current requirements for preliminary
and final plats and replats, indicating that the current ordinance has multiple
duplicate entries and requires depictions of elements that are more appropriate
for site plan review. Lamar Russell asked that Mr. Morley present his findings to
the Assistant City Attorney for consideration of an ordinance revision which
would remove any unnecessary and duplicate requirements.
Draft March 19, 2008
ORDINANCE NO. -2008
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 LOTS 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 type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
of�PNt existing in Chapter 98. It is intended that tbp 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):
CqAPTF# 90, s>BD>rvNONs
City of Cape Canaveral
Ordinance No. -2008
nlage ,_F 16
,
Draft Nllarch 19, 2008
ARTICLE II. PLATS
DIVISION 1. GENERALLY
See. 98-31. Division of land= review and approval required Reserve
Lal Any subdivision of land into two (2) or more parcels shall be subject to the
requirements of this article.
No owner of real property shat l sel is or tracts of land from such property without
lot or tract is divided. the lots or tracts proposed to be divided shall be surveved 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_ hookup on anv lot or tract sold in violation ofthiq Chani[ r- nrnvir#r-ri hntiziavar
ith the
Sees. 98-32f-98-3540. Reserved. \ G( 5v w �oq
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Ordinance No. -2008
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Draft March 19, 2008
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DIVISION 2 3. PRELIMINARY PLAT
See. 98-41. Information required.
The following information shall be provided to the City no later than 30 days prior to the
meeting at which the planning and zoning board will review the preliminary plat:
Laj A completed application on a form proscribed by the city manager requesting review
of the preliminary plat under this division
kW Fourteen (14) copies of the preliminary plat which shall:
City of Cape Canaveral
Ordinance No. _-2008
Page.1 -of 16
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DIVISION 2 3. PRELIMINARY PLAT
See. 98-41. Information required.
The following information shall be provided to the City no later than 30 days prior to the
meeting at which the planning and zoning board will review the preliminary plat:
Laj A completed application on a form proscribed by the city manager requesting review
of the preliminary plat under this division
kW Fourteen (14) copies of the preliminary plat which shall:
City of Cape Canaveral
Ordinance No. _-2008
Page.1 -of 16
Draft March 19, 2008
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 f the
survey or plat.
Be drawn at a uniform scale not smaller than one (1) inch equals one hundred
100 feet.
W Indicate the title scale north arrow and date on each sheet.
Show, at a minimum the following existing conditions on the plat:
Primary control points or descriptions and ties to such control points
to which all dimensions, angles bearings and similar data on the plat shall be
referred.
CM Boundary lines (including bearings and distances) lot lines lot
numbers and block number.
n Location and description of monuments.
Easements including location width and purpose
Streets on and adjacent to the tract• name and right-of-way width and
location; type width and elevation of surfacing; an legally egally established
centerline elevations: walks,• curbs• gutters; culverts etc
M Minimum building setback lines.
LQ Size data including total acreage number of lots typical lot size in
acres, parks, public open space, etc.
( Utilities on and adjacent to the tract including location of sanitaM
storm and combined sewers, water mains gas lines fire hydrants
,,underground and overhead electric telephone and cable television service
utility poles and streetlights; if water mains and sewers are not on or adjacent
to the tract, indicate the direction and distance to the nearest available water
main and sewer.
fD 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. _-2008
-D.—Aof 16
Draft March 19, 2008
arteries.
9) Topographic information showing round elevations of the tract based
on a datum plane approved by the city engineer as follows:
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 approximately two percent
(2%), either show contours with an interval of not more than five feet
(5') if ground sloe is regular and such other information as is
sufficient for planning purposes or show contours with an interval of
not more than two feet (21 if necessary because of irregular land or
need for more detailed data for preparing plans and construction
draw in gs.
I 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 un Ip atted
land; abutting platted land with reference to subdivision plat by name
recording date and number: and approximate percent buildup typical lot size
and dwelling We.
M Zoning designation on and adjacent to tract
NM Proposed public improvements including roadways space reserved
or dedicated for parks, playgrounds or other public uses or other major
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improvements planned by public authorities for future construction on or near
tract.
A current title opinion of an attorney licensed in Florida showing that
record title to the land as described and shown on the plat is in the name of
the person or legal entity executing the dedication The title opinion or
certification shall also show all mortgages not satisfied released or otherwise
terminated by law.
City of Cape Canaveral
Ordinance No. _-2008
n....,. G -P 16
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Draft March 19, 2008
Photographs of the tract at the request of the planning and zoning
board.
LO A filing ee, as established by resolution of the city council
O c ° Other preliminary plans if available which clarify the application
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whierrfht-snm' divisim -t, will be re -viewed by- the pfmmiTrg-and
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Sec. 98-42. Topographic data. Reserved.
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City of Cape Canaveral
Ordinance No. _-2008
Draft March 19, 2008
shall iiieludeexistitzgconditioiis-,ts follows, except the -1- ingand
zoning boar&- F-111
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City of Cape Canaveral
Ordinance No. -2M
Page 7 of 14
Draft March 19, 2008
See. 98-43. Scalej pi oposals. Reserved.
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City of Cape Canaveral
Ordinance No. _-2008
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Ordinance No. _-2008
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Ordinance No. _-2008
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Draft Mareh 19, 2008
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(f 0) Vieinity map. Approximately 3 �� in Rs
elation to the-ex'5"Tr9__u nity.
existing and ptoposed di-ainage facilities (Cul-Vel-ts, pipes, etc.) vvit��
See. 98-44. Othei pt effiniumplan. Reserved.
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existing and ptoposed di-ainage facilities (Cul-Vel-ts, pipes, etc.) vvit��
See. 98-44. Othei pt effiniumplan. Reserved.
See. 98-45. City review.
City of Cape Canaveral
Ordinance No. -200E
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See. 98-45. City review.
City of Cape Canaveral
Ordinance No. -200E
i a6, , v i. i v
Draft March 19, 2008
(a) Upon the documents required under this division being presented to the city, the
building official shall review and forward to the appropriate city reviewing staff engineer a
copy of the loeation s submitted and
such other documents as he or she deems appropriatei4 enable the city reviewing staff`s
�engineer to review the application subdivisian and either the application subdi-vis on C
or point out areas that are inadequate or improper. The city attorney shall review the title
opinion. protective covenants, articles of incorporation and bylaws and shall make
recommendations, if necessary.
(b) Within tent thi 30 days, the cityreviewing staff engineer will return in writing all
comments, recommendations and questions to the applicant.
ten vvorking day's to eornply, with the city engineer's written re-4--a-e-st - I
, and oubmit the
inf6miation as corrected and/or modified to the eity-
(e) Should any comment or recommendation made by a member of the city reviewing
staff require the applicant to revise its submittal, the reviewing staff shall review the revised
submittal and return all comments recommendations and questions to the building official
who shall then forward all documents to the applicant
fd) Upon receiving satisfactory reviews from all of the city reviewing staff the building
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 subdivision preliminary plat and other
material submitted for conformity with this Code and may negotiate on changes deemed
advisable and shall recommend, in writing, its approval or disapproval to the city council
within 30 days. All recommendations, conditions and changes shall be noted on two copies
of the preliminary plat by the chairman of the board or designated representative.
(b) Upon receipt of the planning and zoning board's recommendation, the city council, at
their next regularly scheduled meeting, shall vote to either accept or reject the board's
recommendation.
Sec. 98-47. Time limit.
The city council's approval of a preliminary plat shall be valid for a period of six months
unless a one (1) ti m gianonesix-
month extension of finre has beenarg_nted by the city council for on a demonstration of good cause
shown by the applicant. If the final plat approval is not obtained within the time period prnvittai in
this section, the city council's preliminary plat
approval, shall be revoked and the applicant must re -apply under the
City of Cape Canaveral
Ordinance No. _-2008
ri___i _r I
rage 1V of 16
Draft March 19, 2008
provisions of this chapter.
Secs. 98-48--98-55. Reserved.
DIVISION 3 4. FINAL FLAT
Sec. 98-55. Conformance to preliminary plat.
The subdivision final plat shall conform substantially to the preliminary plat, as approved by
the city council plaiiiiing mid zoning boai d, and if desired by the subdivider, it may constitute only
that portion ofthe approved preliminary plat which the subdivider he proposes to record and develop
at the time; provided, however, that such portion conforms to all requirements of this chapter. The
-final plat shall correct any inaccuracies indicated on the preliminary plat
See. 98-57. Number of copies.
Fourteen (14) Nine copies of the subdivision final plat exhibits required for approval under
this division shall be prepared as specified by this chapter and by state statute.
Sec. 98-58. Data required for final approval.
The subdivision final plat shall be drawn by the subdivider to conform to the requirements
of the city council for approval and filing with the county
clerk. S -m 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 clerk with all
appropriate fees to enable the city clerk to record the documents in the public records of the county.
The final plat shall comply with Chanter 177 Florida Statutes and shall provide slew the following
additional information:
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City of Cape Canaveral
Ordinance No. -2008
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City of Cape Canaveral
Ordinance No. -2008
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Draft March 19, 2008
(1$) Location and description of all permanent reference monuments.
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(24-3) Dedication statement by owner dedicating streets, rights-of-way, including waterways
and all sites for public use. The dedication must be executed by persons or legal entities
whose signature would be required to convey record fee simple *itle to the lands being
dedicated in the same manner in which deeds are required to be executed The dedication
shall include the name ofthe plat and the typed names of any witness notary or other erson
required to sign dedication.
• : : •' : :IWA-
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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 ora separate instrument joining in and ratifying the plat and all dedications and
reservations thereon.
Draft of protective covenants if applicable whereby the subdivision proposes to
regulate land use in the subdivision and otherwise protect the proposed development Ifthere
is to be a homeowners' association established copies of the articles of incorporation and
the bylaws shall be provided.
Sec. 98-59. Documents required prior to approval.
City of Cape Canaveral
Ordinance No. -2008
r
age __ ,
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Draft March 19, 2008
The following items shall be required before subdivision final plat approval can be granted:
(1) Documentation A eerfifieafe from the city reviewing staff eng nttr certifying the
proposed subdivision is acceptable.
((2) Either aAn irrevocable letter of credit, performance bond or certified check acceptable
o the city attomewhich will enable all unfinished improvements to be accomplished bythe
if need be.
(3) Protective covenants in form for recording, if required.
(4) Certification of approval by the boa, d city council.
(5) An updated title opinion of an attorney licensed in Florida showing that record title to
the land as described and shown on the plat is in the name of the person or legal entity
executing the dedication. The title opinion or certification shall also show all mortgages not
satisfied, released or otherwise terminated by law.
(65) Other data as may be necessary which shall be determined by the city council or
planning and zoning board.
See. 98-60. Application for approval.
Application shall be made for subdivision final plat approval_
to the meeting at which it is to be eonsidered.
Lal Upon the documents required under this division being presented to the city the
buildin , official shall review and forward to the appropriate city reviewing staff a copy of
all submittals and such other documents as he or she deems appropriate to enable the
reviewing staff to review the subdivision and either approve the subdivision or point out
areas that are inadequate or improper. The city attorney shall review the opinion of title
protective covenants articles of incorporation and bylaws and shall make recommendations
if applicable.
(b) Within 30 days the reviewing staff will return in writing all comments
recommendations and questions to the building official who shall then forward all
documents to the applicant.
0 Should any comment or recommendation made by a member of the city reviewing
staff require the applicant to revise its subdivision submittal the reviewing staff shall review
the revised submittal and return all comments recommendations and questions to the
building official, who shall then forward all documents to the applicant
City of Cape Canaveral
Ordinance No. _-2008
rage f3 of fo
Draft March 19, 2008
Upon receiving satisfactory reviews from all of the city reviewing staff, the building
official shall schedule the application for consideration by the planning and zoning board
Sec. 98-61. Recommendations of planning and zoning board.
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.
ec. Record g
' The city shall record approved subdivision final plats The final plat shall be recorded with
the county prior to any certificate of occupancy being issued for the applicable plat The citX
manager shall be responsible for adopting administrative procedures for ensuring that all final plats
_approved by the city council are recorded within thirty (30) days of said approval
. developer in!
tQN)�reeord the subdivision final plat vvith the cou—.Y OUIPply the city with vvtitten proof of
Secs. 98-643 — 98-65. Reserved.
DIVISION 4. LOT SPLITS
Sec. 98-63. Lot splits.
The city council may, resolution at a public hearing grant waivers from the platting
requirements of this article for divisions of land that constitute a lotsplit:
(aa) 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.
al 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.-
fIJ
The lot split shall in every respect meet the criteria established elsewhere in
City of Cape Canaveral
Ordinance No. -2008
rage 14 of 16
Daft March 19, 2008
this _article and the city code for the category ofzonin�-, and other relevant codes under
which the property is zoned
Every lot split shall be processed in the following manner:
Ltj An application form provided by the building department shall be completed
and filed with the department accompanied with the following
a. An application fee approved by the city council by resolution,•
b. Fourteen (14) paper copies of the proposed lot split:
C. A statement indicating whether new streets water sewer drainaee
structures. or other infrastructure are required off-site to provide sufficient
access or municipal services to the sub
iect land and
d. Legal descriptions and acreage of the two proposed lots or tracts of
land and a scaled drawin, showing the intended division shall be prepared by
a duly licensed land surveyor registered in the state If a lot or tract of land
contains any principal or accessory structures a survey showing the structures
on the lot or tract of land shall accompan the application
kL 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 aps and documents
Cel 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
City of Cape Canaveral
Ordinance No. -2008
Page 15 of 16
Draft March 19, 2005
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
, 2008.
ATTEST:
SUSAN STILLS, City Clerk
First Reading:
Legal Ad published:
Second Reading:
ROCKY RANDELS, Mayor
For Against
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
Bob Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
C. Shannon Roberts
City of Cape Canaveral
Ordinance No. -2008
Page 16 of 16
Meeting Type: Planning & Zoning
Meeting Date: 3/26/08
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANAVERAL
SUBJECT: Discussion — Continued Discussion on Mixed Use Districts
DEPT./DIVISION: Building Department
Requested Action:
Discussion to provide staff direction pertaining to mixed use districts.
Summary Explanation & Background:
AGENDA
Discussion
tHeading
The Planning and Zoning Board on several occasions have discussed the mixed use development. This is a
continuation of a previous meeting about location(s), height, density, intensity, open space, traffic pedestrian
access, types of uses, appearance and any other issues that are important to the Planning and Zoning Board.
Attached are recent/current news articles discussing mixed use districts around the country.
Exhibits Attached: Recent news articles.
Planning Official's Office
Department
iq
www.ka-nsascity.com 03/18/2008 1 City crunches numbers to evaluate plan's financial re... Page 1 of 2
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Also, does Vision Metcalf have enough muscle to compete in Johnson County's future
growth and development markets? Or does the dream dissipate under the crunch of
numbers?
Economics Research Associates, a financial consulting firm, tested and analyzed the
vision's fiscal feasibility. Using today's market to predict tomorrow's, the study determined
that — yes — the mixed-use development foreseen in the Metcalf Corridor plan would
probably generate enough profit to make the project worthwhile.
'Ifs a reality check on the Vision from an economic standpoint." city Director of Finance
Kristy Stallings said of the financial analysis. "It's a snapshot that says this plan can be
economically viable."
A successful urban -style merger of home, office and retail along one pedestrian -friendly
road as illustrated in Vision Metcalf relies on certain stipulations, however. For starters,
the estimated return from the Vision assumes Overland Parkwill invest $141 to $181
million in public funding and will make unprecedented use of tax incentives.
"We'll have to prime the pump with public dollars," said City Council member and Finance
Committee Chairman Jim Hix. "it concerns me a great deal'
Predictions assume that tax increment financing, or TIF,_and other x breaks foL
_developers will help pay oY" r pu is mfras ruc re. n ddded in that infrastructure are
amen ties s as a-fransif line wn Mefc-a parking structures built behind buildings,
and eco -friendly wind turbines. Such infrastructure is needed to support the increased
population density that the Vision requires 150`6e_e_conomicaffy is e. -'
The analysis suggested that the city create TIF districts. t fie districts allow tax gains
generated by an area's redevelopment to be used to finance public property projects. The
new public infrastructure helps private investors by making the district a more appealing
place to do business and in tum helps the city by making it a higher tax -generating area.
"A TIF district can take the increment out of an area to bury power lines; said Stallings,
Citing one example of proposed public infrastructure improvements that could be financed
through the incentive. "Now that makes the location more valuable to the redeveloper."
In that way, Vision Metcalf relies on not only public but also private partnerships. The
ultimate return on public funding depends on getting businesses to redevelop older
established properties.
"Just because a land -use consultant says it would be nice to have a four-story building at
this location, doesn't mean private dollars will agree," Hix said. "Nothing is going to
happen unless private dollars agree that the vision will return an appropriate investment
on their dollars. The more private money comes in, the more public money."
With public and private funding in place, redevelopment could generate $4.9 million to
$22.5 million in total sales taxes and $11.2 and $49.6 million in total property taxes each
year, according to the ERA report.
Predictions of how much growth results from the Vision Metcalf initiative are not intended
to be firm.
The "target density," or hoped-for growth, presented by Nelessen is 9,500 residential
units, 6.15 million square feet of retail, 8.19 million square feet of office space, 50,900
parking spaces and 145,000 civic square feet The projections of reality range from 35
percent of the target density up to 100 percent.
Next page >
To reach Meredith Rodriguez, City Hall reporter, call 816-234-7722 or
send an e-mail message to mrodriguez@kcsar.com
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MEREDITH RODRIGUEZ The Kansas City Star
IEj
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A bold new vision to redevelop Metcalf Avenue proposes to break the corridor out of the
Create an Ad
usual mold of suburban development.
Find an Ad
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But the multi-million dollar question remains: is this model for more dense mixed-use
-
development in this area realistic?
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Also, does Vision Metcalf have enough muscle to compete in Johnson County's future
growth and development markets? Or does the dream dissipate under the crunch of
numbers?
Economics Research Associates, a financial consulting firm, tested and analyzed the
vision's fiscal feasibility. Using today's market to predict tomorrow's, the study determined
that — yes — the mixed-use development foreseen in the Metcalf Corridor plan would
probably generate enough profit to make the project worthwhile.
'Ifs a reality check on the Vision from an economic standpoint." city Director of Finance
Kristy Stallings said of the financial analysis. "It's a snapshot that says this plan can be
economically viable."
A successful urban -style merger of home, office and retail along one pedestrian -friendly
road as illustrated in Vision Metcalf relies on certain stipulations, however. For starters,
the estimated return from the Vision assumes Overland Parkwill invest $141 to $181
million in public funding and will make unprecedented use of tax incentives.
"We'll have to prime the pump with public dollars," said City Council member and Finance
Committee Chairman Jim Hix. "it concerns me a great deal'
Predictions assume that tax increment financing, or TIF,_and other x breaks foL
_developers will help pay oY" r pu is mfras ruc re. n ddded in that infrastructure are
amen ties s as a-fransif line wn Mefc-a parking structures built behind buildings,
and eco -friendly wind turbines. Such infrastructure is needed to support the increased
population density that the Vision requires 150`6e_e_conomicaffy is e. -'
The analysis suggested that the city create TIF districts. t fie districts allow tax gains
generated by an area's redevelopment to be used to finance public property projects. The
new public infrastructure helps private investors by making the district a more appealing
place to do business and in tum helps the city by making it a higher tax -generating area.
"A TIF district can take the increment out of an area to bury power lines; said Stallings,
Citing one example of proposed public infrastructure improvements that could be financed
through the incentive. "Now that makes the location more valuable to the redeveloper."
In that way, Vision Metcalf relies on not only public but also private partnerships. The
ultimate return on public funding depends on getting businesses to redevelop older
established properties.
"Just because a land -use consultant says it would be nice to have a four-story building at
this location, doesn't mean private dollars will agree," Hix said. "Nothing is going to
happen unless private dollars agree that the vision will return an appropriate investment
on their dollars. The more private money comes in, the more public money."
With public and private funding in place, redevelopment could generate $4.9 million to
$22.5 million in total sales taxes and $11.2 and $49.6 million in total property taxes each
year, according to the ERA report.
Predictions of how much growth results from the Vision Metcalf initiative are not intended
to be firm.
The "target density," or hoped-for growth, presented by Nelessen is 9,500 residential
units, 6.15 million square feet of retail, 8.19 million square feet of office space, 50,900
parking spaces and 145,000 civic square feet The projections of reality range from 35
percent of the target density up to 100 percent.
Next page >
To reach Meredith Rodriguez, City Hall reporter, call 816-234-7722 or
send an e-mail message to mrodriguez@kcsar.com
Recent Comments
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Post Your Comment
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http://www.kansaaQitv.com/ncw_ /nei_Prhhnrhaof1-,/i_g,��s
�;�r�s-u/l_c�
Developer Plans $1B Icon Midtown Project - CoStar Group
March 18, 2008
Written by Linda Oftedahl
121 E-mail this article
.40 Print this article
New 3.7 Million -SF Mixed -Use
Development To Break Ground in Q1
2009
Fr NAT
•
lE ��
t r 4 r+ •
� a
�E T,t • •
w
The first phase, set to break ground in
January of next year, will consist of a
715,000 -square -foot office tower, 500
residential units, 525,000 square feet of
retail and entertainment space, a
50,000 -square -foot food district and a
boutique hotel and destination spa.
The Icon Midtown 20 -acre site has
roughly 600 feet of frontage on Lyndon
B. Johnson Freeway at Noel Road where
an estimated 300,000 vehicles pass by
each day.
"Midtown will be Dallas' first family -
friendly, mixed-use walking district
featuring Main Street architecture and
lushly landscaped streetscapes," said
Paris Rutherford, president of Icon
Partners. "It will be the place in north
Dallas where people will come to walk,
shop and just spend time hanging out."
Midtown's office building will contain 34
stories and 715,000 square feet of office
space. Tt was designeri hfi Arrhitart Ross
del.icio.us
Dia4
Pagel of 2
_httP:1/www costar_comNe1 s4Art_,c1_—�nti2id—F27>d Tl n 2r o_2on nt n _� ter ms _c , �n _
_-� _ ,.,..—���cii �Lc i i ovi'•tl vJr�1<+J7t51JJl 1rC 1 31-lJ/ U08
Developer Plans $113 Icon Midtown Project - CoStar Group
Wimer of Skidmore Owings and will be a
LEED certified development. The building
is designed with 30,000 -square -foot
floor plates that shift three degrees from
floor to floor.
Development Design Group of Baltimore
and Gromatzky Dupree & Associates of
Dallas have designed other components
of the development. United Commercial
Realty/Chain Links of Dallas is preleasing
the retail space. CB Richard Ellis' Dallas
team will handle the office space. Icon
will market the residential space.
Icon Partners is a Dallas -based real
estate development company with
experience in all aspects of real estate
development.
Page 2 of 2
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Former school site rezoned for mixed-use development
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Former school site rezoned for mined -use
development
1:
WiseNews.com : Portage Daily Register Online
Page 1 of 1
Classifieds I lobs I Autos I Homes I Renta€s
PORTAGE
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Columbia County's Daily Newspaper Wednesday, March 14, 200E
T`
LOCAL I SPORTS I OPINION I FEATURES I OBITUARIES I ARCHIVES I CALENDAR I SPEAK
UP I READER SERVICES
Downtown TIF district takes
big Step
By Crelg Sauer
The plan to create a tax incremental financing (TIF) district in the downtown
received almost nothing but positive reviews Monday from city officials and
residents. -
email story print story
1. OTHER STORIES IN LOCAL
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Following a public hearing in which eight of nine people testified in favor of the advertisement
plan, the city's Plan Commission voted unanimously to recommend that the
Common Council approve creating the district.
One person said Monday that she did not have enough information to lean
positively or negatively on the project.
Proponents, however, said the TIF would bring about positive change and new
development in the downtown. Specific projects like redevelopment of the
Woolen Mills and old Hill Ford properties into mixed-use residential and
commercial spaces, they said, would be directly affected.
"I am in favor of this project, I think it is essential for the Woolen Mills project to
progress to have this kind of city involvement," said Woolen Mills Project Site
Manager Roger Krejchik.
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another home
Deforest developer and owner of the old Hill Ford site Greg Iverson was
similarly encouraging of the TIF plan. 1• WISCNEWS
"I think this is a great idea for you guys to do a TIF district, and I am looking
forward to doing some development downtown when this is enacted; Iverson extras
said. "I think it is a great start to re -planning the downtown Portage area."
• Sportmen's Showcase
Martin Schmidt, the owner a Cook Street property and formerly the owner an . Daily Sudoku Puzzle
antique shop there said the TIF would help redevelop his buildings.
"We have numerous developers waiting for this moment to occur. They have
been waiting for years for this to occur," Schmidt said. "My building will be
redeveloped if this goes through. I have very personal hopes that this gets
accomplished in a hurry."
The city's financial advisor Ehlers and Associates said that spending of up to
$4 million in facade and infrastructure improvements and grants to developers
could eventually net the city $16 million in increased tax value, after all is said
and done.
The $4 million would be garnered from agreements with the area's other taxing
entities — Columbia County, MAIC, and the Portage School District — to hand
over any increased tax revenue gained as a result of development projects
completed in the TIF district during the time period it would be enacted.
TIF time periods generally last 20 to 30 years.
If at the end of that time, if the dollars spent on the district have not been
recouped, the city incurs the debt.
The city's financial consultant Ehlers and Associates, however, said that they
expect the downtown TIF to meet its objectives and pay for the city spending.
City Public Works Director and Utilities Manager and member of the
commission Bob Redelings said he thought that a TIF would do just as the
citizens said, spur development.
"I am certainly in support of it. Some of these projects are on the fence and
ready to go and I think this will be the catalyst that gets them off the ground and
gets positive things to happen in the downtown," Redelings said.
Before the plan can take affect it will need to be approved by the Common
Council and later by a Joint Review Board,
Cz 2008 Portage Daily Register
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Health Transformation: Mixed-use project would reuse
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Living
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Crime/ Safety
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Economy An announcement is
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Health Winston-Salem.
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Lottery park and Struever Bros.
News by County Eccles & Rouse, a Baltimore
Regional News company doing a $720
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Multimedia negotiate, Doug Edgeton,
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Natinntworld park, said yesterday.
News updates
opinion "We expect to have a major
Special Reports announcement in late March
Sports or early April about the
north district," Edgeton told
Today's News about 160 people attending
Weather a technology -council
Yesterday's News meeting of the Greater
Associated Press Winston-Salem Chamber of
Commerce. The prospect for
Community the mixed-use development
Blogs "looks great, but were not
Calendar there yet in the details."
Celebrations
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Milestones/Volunteer already features the project
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Winston-Salem Journal ( Transformation: Mixed-use project would reuse Reynolds buildi
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Town Hall
site that it plans to
"transform 1.1 million
square feet of the R.J.
Reynolds historic tobacco
warehouses into an urban
live -work -play community,
with Wake Forest University
Health Sciences as the
primary driver. Incorporated
into the space will be
medical laboratory and
research space, a variety of
residential options and
commercial space."
The proposed project would
reuse buildings left vacant
years ago as part of a
reorganization by R.J.
Reynolds Tobacco Co.,
including the landmark
Bailey Power Plant and its
signature smokestack.
If the agreement goes
through, officials said, it
would boost the city's push
toward a biotechnology
economy.
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When the project surfaced in November, the company said it planned to
develop the 60 acres in phases over five to six years. At that time, the
contract for the project had been expected to be signed by January.
Edgeton said he has no concerns about the agreement falling through. He
said that Struever Bros. has the finances to take on the job, which is
estimated to run into the "hundreds of millions of dollars."
There are about 1.28 million square feet of space that can be renovated -
one-third for residential units, one-third for retail and one-third for
biomedical labs. The first phase would include 16 acres and the renovation
of some of the old buildings north of Vine Street, officials said.
The research park has been at the forefront of Winston-Salem's push to
transform its economy from one based on tobacco and textiles to one
based on genes and science.
About 885 people -work at the research park among 41 tenants, a work
force that Edgeton said was slightly ahead of projections made in 2003.
Among the companies are 33 that are not affiliated with Wake Forest
University Health Sciences, which owns the research park. There are eight
Wake Forest programs at the park, including the Wake Forest Institute for
Regenerative Medicine.
Besides the plans for the north district, Edgeton said that steady progress
is being made on a project involving the central district of the park.
Railroad tracks are being removed to make way for new research
buildings, and plans for a new connector rail line are being developed.
Other hurdles to clear are burying transmission -tower lines at the site and
putting in a storm water -retention system that would flow into Salem
Creek. Edgeton said that it could take two years to complete the rail -line
project and as long as five years to phase in the storm -water system.
Separately, Edgeton said that the park is close to choosing from among six
candidates for the third tenant in the Wet Lab Launch Pad, which made its
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