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Home My WebLink AboutSeptember 22, 2010ROLL CALL: NEW BUSINESS: 1. Approval of Meeting Minutes: August 25, 2010. 2. Recommendation to City Council: Lot Split - Martin Marietta Materials, Inc., Randy May, Applicant. 3. Recommendation to City Council: Proposed Assisted Living Facilities Ordinance. OPEN DISCUSSION: ADJOURNMENT: Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and /or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868 -1221, 48 hours in advance of the meeting. 7510 N. Atlantic Avenue ® Post Office Box 326 ® Cape Canaveral, FL 32920 -0326 Building & Code Enforcement: (321) 868 -1222 ® Planning & Development (321) 868 -1206 ® Fax & Inspection: (321) 868 -1247 www.cicyofcapecanaveral.org . email: ccapecanaveral @cfl.rr.com ' 'ape Canaveral , o r Community Development Department PLANNING & ZONING BOARD MEETING = - CAPE CANAVERAL PUBLIC LIBRARY CITY C APE CANAVERAL 201 POLK AVENUE x SEPTEMBER 22, 2010 7:00 P.M. AGENDA CALL TO ORDER: ROLL CALL: NEW BUSINESS: 1. Approval of Meeting Minutes: August 25, 2010. 2. Recommendation to City Council: Lot Split - Martin Marietta Materials, Inc., Randy May, Applicant. 3. Recommendation to City Council: Proposed Assisted Living Facilities Ordinance. OPEN DISCUSSION: ADJOURNMENT: Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and /or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868 -1221, 48 hours in advance of the meeting. 7510 N. Atlantic Avenue ® Post Office Box 326 ® Cape Canaveral, FL 32920 -0326 Building & Code Enforcement: (321) 868 -1222 ® Planning & Development (321) 868 -1206 ® Fax & Inspection: (321) 868 -1247 www.cicyofcapecanaveral.org . email: ccapecanaveral @cfl.rr.com PLANNING & ZONING BOARD MEETING MINUTES AUGUST 25, 2010 A Regular Meeting of the Planning & Zoning Board was held on August 25, 2010, at the City Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Bea McNeely, Vice Chairperson, called the meeting to Order at 7:00 p.m. The Recording Secretary called the roll. MEMBERS PRESENT Bea McNeely Vice Chairperson John Fredrickson Harry Pearson Donald Dunn John Johanson 1 St Alternate Ron Friedman 2nd Alternate MEMBERS ABSENT Lamar Russell Chairperson OTHERS PRESENT Duree Alexander Recording Secretary Kate Latorre Assistant City Attorney Rocky Randels Mayor Robert Hoog Council Member Betty Walsh Council Member David Greene City Manager Barry Brown Planning & Development Director Todd Morley Building Official NEW BUSINESS 1. Discussion Re: Assisted Living Facilities as an Allowed Use. Barry Brown, Planning & Development Director introduced David Greene, the City's new City Manager to the Board. The Board members welcomed Mr. Greene to the City. Pamela Dillon, representative for Evening Tide Management, described what Assisted Living Facilities (ALF) were and the various types of levels of care an ALF can provide. She advised that Danny Ringdahl, developer of Puerto Del Rio, was interested in developing an ALF on his undeveloped land located immediately East of Puerto Del Rio. Ms. Dillon advised that Brevard County has a need for this type of facility. Barry Brown advised that many meetings have been held with City staff, Mr. Ringdahl and Ms. Dillon. He relayed staffs concerns regarding: evacuation plans, and increased density. An ensuing discussion was held regarding: facility staffing; zoning; use permissible as a principal use or by special exception; visitations to existing ALF's; and staff's research results from other cities that allow ALF's; a pharmacy for ALF residents only or open to the public. Following discussion, the Board members agreed for the City to move forward to allow ALF's. Planning & Zoning Board Meeting Minutes August 25, 2010 Page 2 Rocky Randels, Mayor, spoke in favor of an ALF. He advised that he was in favor of this opportunity, because there was a need for this type of facility, there was vacant land, an investor that wanted to move forward, and this type of facility would be positive for the City overall. He respectfully requested that the Planning & Zoning Board move the item forward to the City Council. Discussion followed regarding ALF's being listed on the agenda as a discussion. Kate Latorre, Assistant City Attorney, advised that the Board could make a recommendation. Motion by Bea McNeely, seconded by Harry Pearson, to make recommendation to City Council to direct staff to prepare the research necessary to allow ALF's in Cape Canaveral. Chairperson McNeely polled the Board members. All were in favor of the recommendation, with John Johanson noting he would be in favor of ALF's with City Council and the Department of Community Affairs approval. David Greene, City Manager, advised that this item would be placed on the September 7, 2010 City Council Agenda. 2. Discussion Re: Mixed Use Land Use. Barry Brown, Planning & Development Director, described mixed use; provided a history of its creation; pointed -out benefits, such as: reduced auto trips, increased social interactions, walkability, increased tax base, less crime, condensed parking, and harmonious architecture, etc. Barry Brown presented a power point presentation on examples of existing mixed use areas in various communities. OPEN DISCUSSION Barry Brown informed that City staff would continue to move forward with researching mixed use, and assisted living facilities, in a focused manner, and at the next meeting would provide the Board with an update on what the City code allows in different zoning districts. Motion by Harry Pearson, seconded by Donald Dunn to adjourn the meeting at 8:45 p.m. Approved on this day of Lamar Russell, Chairperson 2010. Susan L. Chapman, Secretary City of .•- Canaveral, Florida September Planning & Zoning Board STAFF •O . Request: For a lot split of the Martin Marietta Materials property, formerly Ambassador Services. Applicant: Randall May Owners of property: Martin Marietta Materials, Inc. Subject property: 245 Challenger Rd. This is the aggregate storage facility adjacent to the port and accessed from George King Blvd. Future Land Use and Zoning designation: M -1, Light Industrial and Research & Development District. Surrounding zoning: North — Port East — M -1, Industrial and C -1, Commercial South — M -1, Industrial West —M -1, Industrial Surrounding uses: North — Port East — Industrial, vacant land, and Portside Villas condominiums South — Storage facility West — Industrial and vacant land. Summary: Earlier this year, Ambassador Services, Inc. (Randy May's aggregate storage facility) was sold to Martin Marietta Materials, Inc. In an effort to expedite the sale, the property was sold in its entirety with the understanding that a portion of the property would be returned to Mr. May. A lot split application has been received that separates the Ambassador Services building and surrounding grounds from the larger aggregate operation. Analysis: This request for a lot split is the first application we have processed since adopting our new lot split ordinance. The application has been reviewed by Public Works, the City Engineer, the City Attorney and the City Planner and all staff comments and code requirements have been met. The lot to be split is a previously platted lot and the lot created has access by recorded easement to a public road. The proposed lot split is in compliance with the provisions of the code, it is consistent with the comprehensive plan, the lots created conform to the code, and proper ingress and egress have been provided. _Staff Recommendation to the Planning and Zoning Board Staff recommends approval of the requested lot split. 05/10/2010 11:34 FAX 321868' AMBASJAUUHSERVICES City of Cape Canaveral LOT SPLIT Information Sheet Date of Submittal: imQUI /UU1 245 CHALLENGER ROAD LOT SPLIT Randy May, Applicant Project name Martin Marietta Materials, Inc. Project address (if not available, provide general location) 245 Challenger Road, Cape Canaveral, Florida 32920 Legal description: attach legal (see attached) FLU and Zoning designations: M - 1 Owner(s) name: Martin Marietta Materials, Inc. Owner(s) address: 2710 Wycliff Road, Raleigh, N.C. 27607 Phone number(s): (919) 783 -4610 Email(s): ]caren.alb i ht @martinmarietta.com If applicant is not owner, a completed Pow ier of Attorney form is required. Applicant name: 2 A4JI)ALl — /11 A" Applicant address: App. phone number(s): I App. email(s): Signature (ov 3 �t - e_s.c).e.n� d CDD - Lot Split App. 04/2010 Page 3 Southeast Division 3019 Riverwatch Parkway Augusta, GA 30907 Telephone: (706)- 860 -1762 Fax: (706) 868 -6846 June 10, 2010 Mr. Barry Brown Planning & Development Director City of Cape Canaveral 7510 North Atlantic Avenue Cape Canaveral, Florida 32920 Re: Lot Split Application Martin Marietta Materials, Inc. 245 Challenger Road Dear Mr. Brown: This letter will authorize Randy May to submit a Lot Split Application on behalf of Martin Marietta Materials, Inc. for the property located at 245 Challenger Road, Cape Canaveral, Florida. Mr. May is authorized to submit the application, oversee the processing of the application, and provide additional information, as necessary. In the event any meetings or hearings are to be held, please also notify our local representative: Jay Waddell; phone : 706- 836 -6932 so he can be in attendance. Any amendments, conditions to be imposed or modifications to the application will require notice to and consent of Martin Marietta Materials as evidenced by their written acknowledgment of any such amendments, conditions or modifications. Thank you for your attention to this application and do not hesitate to contact the undersigned with any questions you might have. V William A. DiRico, Jr. President — Southeast I �� TO: Susan Chapman Planning & Development Department FROM: Jeff Ratliff Assistant Public Works Director /Stormwater Administrator City of Cape Canaveral 868 -1240 DATE: 09/02/10 2 " Submittal Lot Split Application Martin Marietta Materials 245 Challenger Road Public Works staff has reviewed the 2 " Submittal of the Lot Split Application for the referenced site and has no comments. (It should be noted that there is an extensive stormwater management system at the site which needs to be maintained in accordance with City of Cape Canaveral ordinances as well as regulations of the St. Johns River Water Management District.) Susan Chapman From: John Cunningham Dcunningham @ccvfd.org] Sent: Thursday, September 09, 2010 12:54 PM To: Susan Chapman Subject: Re: lot Split Application- Martin Marietta Materials / 245 Challenger Rd. Attachments: John Cunningham.vcf We have reviewed the plans and have no comments at this time. This email and any attached files are confidential and intended solely for the intended recipient(s). If you are not the named recipient you should not read, distribute, copy or alter this email. Any views or opinions expressed in this email are those of the author and do not represent those of the company. Warning: Although precautions have been taken to make sure no viruses are present in this email, the company cannot accept responsibility for any loss or damage that arise from the use of this email or attachments. September 15, 2010 Barry Brown City of Cape Canaveral Community Development Department 7510 North Atlantic Avenue Cape Canaveral, FL 32920 Re: SSA Review #3 of Lot Split Application — Martin Marietta SSA Project #05- 0025/067 -1004 Dear Barry: t =rr Stottler Stagg & Associates (SSA) has reviewed the above referenced project and recommends approval by the City. This recommendation does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the ,project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, Stottler Stagg & Associates Architects Engineers, Planners, Inc. C i// z j / ' 4 C' John A. Pekar Senior Vice President SMTTLER STAGG & ASSOCIATES ARCHITECTS EN PLAN NERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321- 7831320 Fax 321- 783 -7065 \ \I - 'ileserver \prgiects \05 -0025 CCC Site Reviews pj0JX Ak4)04 Rankhbll04M2S plit \I -6rgr ppBlggal letter 09.I5.IQdoc ORDINANCE NO. 03-2010 VME REAS, 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 WHE REAS, 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, Drevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 98, Subdivisions, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows ( underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 98. It is intended that the text in Chapter 98 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No. 03 -2010 Page l of 18 Chapter 98. SUBDIVISIONS ARTICLE 1I. PLATS & LOT SPLITS DIVISION 1. GENERALLY Sec. 98 -31. Division of land; review and a royal re aired° zone .; Lal Any subdivision of land into two (2) or more parcels shall be subject to the requirements of this article bb) No owner of real Droperty 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 ro osed to be divided shall be surveyed by a duly licensed Florida or surve and approved b the city council by plat or lot split resolution in accordance with the specific applicable provisions ofthis article and Chapter 177 Florida Statutes. No penmt shall be issued for the construction of any building or structure or for an electrical or sewer hookup on an lot or tract sold in violation of this article, provided however, that any such violation can be remedied by complyinQ with the provisions of this article. Additionally, any subdivision or lot split approved pursuant to this article shall in eve res ect meet the criteria established elsewhere in this article and the Ci Code for the category of zoning and other relevant codes under which the property is zoned Secs. 98 -32f — 98 -35. Deserved. 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 -plrt plat or lot split approval shall meet with staff in a preapplication conference 1111 -pmcess�lablii 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 plat or lot split will be submitted. However, the applicant is cautioned that the preapplication screening process is not intended to be a substitute for the formal 1p_at or lot split siteplan submittal and review procedures. Nor is it expected that the applicant can rely upon conditional approvals received during the preapplication process as binding the City in any manner during subsequent site - flan plat or lot split submittal and review procedures. City of Cape Canaveral Ordinance No. 03 -2010 Page 2 of 18 fit .. . - - t • r r7 • ■ 1 : it :i : - � .■■ (b e) The applicant will provide erne opines preliminary drawings of the proposed plat or lot split sketeirp3arrto the planning official. The number of copies required to be submitted shall be determined b the lannin official. U on submittal of the copies of the p1mosed plat or lot split, a preapplication conference shall be scheduled (c d) The proposed plat or lot split sketch 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) hr-sketeh -f�nn� a A plan showing the proposed pattern of streets, lots and water management facilities in relation to existing natural conditions of the site and its surroundings. Secs. 98 -37 — 98 -40. Reserved. 7! 7C 7C DIVISION 3. PRE' LIMINARY PLAT Sec. 98 -41. Information required. The following information shall be provided to the community development department La) A completed application on a form prescribed by the city manager requesting review City of Cape Canaveral Ordinance No. 03 -2010 Page 3 of 18 of the prelimiRM plat under this Division. The preliminary plat which shall: Conform to the requirements of Cha ter 177. Florida Statutes, this Code, and any other applicable statutes and regulations Bear the certification of a re gistered Florida surve or certifying the aceurac of the plat. M Be drawn at a uniform scale not smaller than one 1 inch equals one hundred LDM feet. Indicate the title scale. north arrow and date on each sheet. Show, at a minimum the following existing conditions on the plat. .A Primary control points or descriptions and ties to such control points Lo which all dimensions, an les bearings and similar data on the lat shall be referred. M) Boundary lines (including bearings and distances) lot lines lot numbers and block number. Location and description of monuments �D Easements including location width and purpose E Location width. and names -F- streets waterwa s or other ri , of way shall be shown as applicable M Minimum building setback lines U Size data includin total acrea e number of lots ical lot size in acres, parks public open space etc Location map showing the site in relation to the existin community including the name of the develonment and its location and main traffic arteries. Le) Topographic survey showing ground elevations of the tract based on a datum plane approved by the C�tv engineer as follows ( For land that slopes less than aPPr two percent 2% shows of City of Cape Canaveral Ordinance No. 03 -2010 Page 4 of 18 elevations at all breaks in grade, al0DQ all drainage channels or swales and at selected points not more than one hundred feet (100') apart in any direction 0 For land that slopes more than approximately two percent (2 %1 either show contours with an interval of not more than five feet 5' if around slope is repular. and such other information as is sufficient for DIanning 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 forpreparing plans and construction drawings. Other conditions on tract including water courses, marshes rock outcro wooded areas, houses_ barns shacks and other significant features. Other conditions on adiacent land including approximate direction and gradient of ground slope and any embankments or retaining walls character and location of building power lines towers and other nearb nonresidential land uses or adverse influences- , owners of ad un latted land; abutting platted land with reference to subdivision plat by name recording date and number a roximate percent buildup tvnical lot size and dwelling type M Zoning designation on and adjacent to tract Proposed public improvements including roadways space reserved or dedicated for parks, playgrounds or other public uses or other major improvements planned by public authorities for future construction on or near tract Photographs of the tract at the request of the planning and zonin2 board Le) A filing fee, as established by resolution of the city council fD Other preliminary plans if available which clarify the ap plication. .(l A current title opinion of an attomey licensed in Florida or a certification by an abstractor or a title company showing that record title to the land as described and shown on the plat is in the name of the person or legal entity executing the dedication The title opinion or certification shall also show all mort a es not satisfied released or otherwise terminated by law and shall be current within 180 days of submittal be reviewed brthe++anrrir� zonffig - City of Cape Canaveral Ordinance No. 03 -2010 Page 5 of 18 at under this -D�� City of Cape Canaveral Ordinance No. 03 -2010 Page 5 of 18 WON •.T : pip _ _ t �■ i! f - it • ■ � it • • i � � it � • ■ • ■ ■ •! f - r - • ■ - il ■ it - - .. ■ LVAys _. it � ■ ••�_..■ r � - tf - _ r NOR • it -. / ..! ■ . • � / t � 1 ! i! .. •• . ■ 7 K 1 ■ M/ 1 �A7 �R�t�l l�l�l�IS�YIS��riu�i�..... � e i' [VIII ■�t'.!�! �tylirl'!•I�IIH�l�1i� i[�!!�!'�'lt \• - _ �� *� • / .1•�q9 ■[ tiff/!! t' Q�1 ltif'.1 ■1�111.7�L'r99 'w7tRllf•A •i! f �. j •.T : _ _ i! f - it • • • it WWmm • • �A ■ • ■ ■ •! f - r - City of Cape Canaveral Ordinance No. 03 -2010 Page 6 of 18 � it � � � •� i i n • r •• � i •• - - LWI r ■ hopop • :t s re ti i • ■ ti IN IN ■ :r i •: • IF .9 • :t IF M 10 IF / � � _.. •.. . � it ai - t � it i• '•��i'i 't '� • ■1 _ _ r n • 1 : .. _ . • . . . JILM • : IN Rut . \ ' - . - Is i LWI See. 98 -43. Scale, Reserved. City of Cape Canaveral Ordinance No. 03 -2010 Page 7 of 18 k gell - 0 - WIuH a. Proposed lot ntirnbers-and-bh sites. if t3ses- ally - > he ... " 4 ftIVISIMS . a: • I : • / . f • is �! : • / ■ : -.• City of Cape Canaveral Ordinance No. 03 -2010 Page 8 of 18 a. Proposed ... " 4 ftIVISIMS . a: • I : • / . f • is �! : • / ■ : -.• City of Cape Canaveral Ordinance No. 03 -2010 Page 8 of 18 See. 98 -44. . Reserved. limp _ • r • :• :•• it - - • • _ • - t • t See. 98 -44. . Reserved. See. 98 -45. City review, (a) The applicant shall submit conies of the preliminarYplat and other information as rescribed in section 98 -41 for review by the gLty staff. Ci staff shall determine the number of copies to be submitted for review Upon receipt of the documents required -und r -this , the building planning official shall review and forward to the appropriate City reviewing staff engineer a copy of all documents submitted and such other documents as deemed reins appropriate to enable the City reviewing staff engineer to review the application subdivision-and either find approve the application to be sufficient subdivision or point out areas that are inadequate or improper. The City Attorney shall review the title opinion or certification protective covenants, articles of incorporation and bylaws and shall make recommendations, if necessary. (b) Within ten thijV 30 days, the City reviewin sQ taff engineer will return in writing all comments, recommendations and questions to the applicant. U Should any comment or recommendation made by a member of the Ci reviewing staff require the applicant to revise its submittal the City reviewing staff shall review the revised submittal and return all comments recommendations and uestions to the lannin official who shall then forward all documents to the a licant. ,fd Upon receiving satisfactory reviews from all of the City reviewing staff the applicant shall submit revised copies of the plat and other information as prescribed in section 98 -41. The number of copies required shall be determined by city staff. Upon receipt of all City of Cape Canaveral Ordinance No. 03 -2010 Page 9 of 18 r "r r .r r : • : • :.. ■ it l :■ :1 : - _ V, ♦ See. 98 -45. City review, (a) The applicant shall submit conies of the preliminarYplat and other information as rescribed in section 98 -41 for review by the gLty staff. Ci staff shall determine the number of copies to be submitted for review Upon receipt of the documents required -und r -this , the building planning official shall review and forward to the appropriate City reviewing staff engineer a copy of all documents submitted and such other documents as deemed reins appropriate to enable the City reviewing staff engineer to review the application subdivision-and either find approve the application to be sufficient subdivision or point out areas that are inadequate or improper. The City Attorney shall review the title opinion or certification protective covenants, articles of incorporation and bylaws and shall make recommendations, if necessary. (b) Within ten thijV 30 days, the City reviewin sQ taff engineer will return in writing all comments, recommendations and questions to the applicant. U Should any comment or recommendation made by a member of the Ci reviewing staff require the applicant to revise its submittal the City reviewing staff shall review the revised submittal and return all comments recommendations and uestions to the lannin official who shall then forward all documents to the a licant. ,fd Upon receiving satisfactory reviews from all of the City reviewing staff the applicant shall submit revised copies of the plat and other information as prescribed in section 98 -41. The number of copies required shall be determined by city staff. Upon receipt of all City of Cape Canaveral Ordinance No. 03 -2010 Page 9 of 18 documents. the planning official shall schedule the application for consideration by the planning and zorring board Sec. 98 -46. Planning and Zoning Board and City Council review. (a) The planning and zoning board shall review the Subdivisim 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 or modi the Board's recommendation. See. 98 -47. General criteria for approval 't Prior to the planning and zoning board recommending approval to the city council applicants shall demonstrate to the planning and zomn board and the lannin and zonin board must find that the proposed preliminary plat meets the criteria listed in subsections (a) through (d) below Further, pnor to approving any proposed prelimin plat the applicant must demonstrate to the city council, and the city council must find that the proposed preliminary plat meets the criteria listed in subsections (a) through (d) below. Cal The application in compliance with the provisions of this article and applicable law. bM The application is consistent with the City's comprehensive plan Lc,Z The application does not create any lots tracts of land or developments that do not conform to the City Code fL The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements Sec. 98 -48. -ned: Time limit. The city council's approval of a prelimina y_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 City of Cape Canaveral Ordinance No. 03 -2010 Page 10 of 18 : *i 6R �t�r asyvrj Sec. 98 -48. -ned: Time limit. The city council's approval of a prelimina y_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 City of Cape Canaveral Ordinance No. 03 -2010 Page 10 of 18 by the applicant. If the final plat approval is not obtained within the time period provided in this section, the city council's preliminM 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. ' 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 article The final plat shall correct any inaccuracies indicated on the preliminary plat See. 98-57. Numbervfvopim. Reserved. See. 98 -58. Data required for final approval. W The subdivision final plat shall be drawn by the subdivider to conform to the requirements of the city council onmiissionemfor approval and filing with the County clerk. Six One 1 transparencyies M lar 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. Lei The final plat shall comply with Chapter 177 Florida Statutes and shall additionally . include a dedication statement by the owners) if dedicating streets or rights -of -way for public use. The dedication must be executed by all persons or legal entities whose signature would be required to convey record fee simple title to the lands being dedicated in the same manner in which deeds are required to be executed The dedication shall include the name of the plat and the typed names of any witness notary or other person required to sip—n dedication. ft- City of Cape Canaveral Ordinance No. 03 -2010 Page 11 of 18 MAW l�J mid pt J See. 98 -59. Documents required prior to approval. (a) The following items shall be required before for subdivision final plat approval can be-granted: (1) Documentation r from the City reviewing staff engineer . certifying the proposed subdivision is acceptable. City of Cape Canaveral Ordinance No. 03 -2010 Page 12 of 18 let 1iglyt=cf--way �timg -B- MAW l�J mid pt J See. 98 -59. Documents required prior to approval. (a) The following items shall be required before for subdivision final plat approval can be-granted: (1) Documentation r from the City reviewing staff engineer . certifying the proposed subdivision is acceptable. City of Cape Canaveral Ordinance No. 03 -2010 Page 12 of 18 (2) Either�An irrevocable letter of credit, performance bond or certified check, in a form acceptable to the City Attorne which will enable the C any all unfinished improvements that are to be dedicated to the public, including. but not limited to streets drainage facilities, street si s sewer facilities, sidewalks and other improvements as shown on the final plat (3) Draft of protective coven ts.ifapplicable.wbere b the subdivision ro oses to regulate land use in the subdivision and otherwise protect the proposed development. If there is to be a homeowners' association established co ies of the articles of inco oration declarations and restrictions and the bylaws shall be provided. (4) Certification of approval by the B d city council (5) Other data as may be d. necessary which shall be determined by the city council .(b) Prior to the cfty council's consideration of the final plat the subdivider shall submit to the Cily an u dated title opinion of an Attorngy licensed in Florida or n certification b an abstractor or a title company showing that the record title to the land described and shown on the Iat is in the name of the erson or le al enti executing the dedication. The title o inion or certification shall also show all mortgages not satisfied released or otherwise terminated bylaw. The Ci Attorne shall review the title opinion or certification rior to the city council meeting, Lcj 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 lat or a se arate instrument joining in and rati inu the Tat and all dedications and reservations thereon. Sec. 98 -60. Application for approval. Application shall be made for subdivision final plat approval as follows: U U on the documents re wired under this Division bein resented to the City- the Tannin official shall review and forward to the qppropliate Cily staff copy of ail submittals and such other documents as he or she deems a ro nate to enable the Ci reviewing staff to review the subdivision and either find the a lication to be sufficient or P oint out areas that are made uate or improper. The Cily Attorne shall review the title o inion or certification protective covenants articles of inco oration and bylaws and shall make recommendations if applicable .(b) Within 30 days. the reviewing staff will return in writing all comments City of Cape Canaveral Ordinance No. 03 -2010 Page 13 of 18 recommendations and questions to the Planning-official, who shall then forward all documents to the applicant LC) Should any comment or recommendation made by a member of the 01y reviewin n staff re uire the a licant to revise its subdivision submittal the Ci reviewi staff shall review the revised submittal and return all comments recommendations and uestions to the official, who shall then forward all documents to the applicant Upon receiving satisfactoLryrevi ews from all of the Ci reviewin staff and revised co ies ofthe tat the lannin official shall schedule the a lication for consideration b the P lanning and zonin board. See. 98 -61. Planning and Zonin Board and Cily Council Review; General Criteria for Approval .(a) When all requirements under this Division have been satisfied, the planning and zoning board will vote to recommend approval or disapproval of the subdivision final plat, and these recommendations will be submitted to the city council at the next regularly scheduled Council meeting. The city council shall vote, in resolution form, to either accept, or reject or modi the Board's recommendation. Prior to the tannin and Zonin board recommending a royal to the city council a licants shall demonstrate to the Planning and zonn board and the Tannin and zonin board must find that the propose d final 121at meets the criteria listed in subsections 1 throw-h(4) below. Further, prior to approvine any roposed final plat, _ the applican_ t must demonstrate to the city council, and the ci council must find that the proposed final ta be t meets the criteria listed in subsections 1 throw h 4 low. The application is in compliance with the provisions of this article and applicable law. The application is consistent with the City's comprehensive plan 91 The L application does not create any lots tracts of land or developments that do not conform to the City Code a The application provides for proper ineress and e�res_ s_ through a public or qpp roved 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 Coun nor to an certificate of occupancv being issued for the a licable ninf . The city mana er shall be res onsible for ado tin administrative rocedures for City of Cape Canaveral Ordinance No. 03 -2010 Page 14 of 18 �. �. «� �l wuncu :are recorded within fifteen 15 days of the date of the subdivider's updated title opinion or certification. ificate Secs. 98 -633 98 -65. Reserved. DIVISION 5. LOT SPLITS See. 98 -66 Lot splits Lai (b) Definition For purooses 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 exactl one 1 additional tract of land or lot . provided the following conditions are met. (1 ) The lot or tract of land to be split is a reviousl latted lot or le al description of record UI Each lot or tract of land created hereunder shall abut a ublic or a roved rivate street unless pe1petual cross- access easements already exist on the lot to be split or are determined not to be necessgg or, if necess are rovided by separate ins_ trument. LCI A lication. A pp iicants seekin lots lit a roval shall rovide the following to the community development department• A complete lot split application on a form prescribed by the city manager The information required for relimin lat a royal set forth in section 98- 41 of this article. .(a A filing fee established by resolution of the city council fL City staff review Upon receipt of a complete lot split application the planning official shall review and forward to the a ro Hate 0 ity reviewing staff ajQpyL and such other documents to enable the Ci reviewing staff to review the a lication and either find the application to be sufficient or oint out areas that are or im ro er. The Ci Attome shall review the title o inion or certification. City of Cape Canaveral Ordinance No. 03 -2010 Page 15 of 18 City reviewing staff shall return in writing all comments recommendations and _ question s to the applicant within 30 days of recei t of a licant's com lete application Should an comment or recommendation made by the City reviewin staff ai uire the applicant to revise its submittal the Cily reviewing staff shall review the revised submittal and return all comments recommendations and gliestions to the P lanning official who shall then forward all documents to the appli cant. M Upon receiving satisfacto ry reviews from all of the Ci r' staff the a licant shall submit revised co , pies of the lots lit and other information required b this section. The number of copies re uired shall be determined b Upon receipt of all documents. th Ci e tannin official shall schedule the application staff for consideration by the Planning and zoning board. f (e_l Public heartyZs The planning and zoning boated shall consider an application for lot split at a duly noticed public hearing and shall vote to recommend a royal or disa royal of the lot split to the city council .a Upon receipt of the planning and 7nn;nrr board's recommendation the citv council shall at a dui noticed public bearigg, review and consider the planning and zonin board's recommendation and shall either appro ve or deny the 212p osed lot split. Any approval of a lot split shall be by resolution of the city council .(f) Review criteria. B9 - f - 0 — reanX lots lit is recommended for gpprov al b the tannin and zoning board or a roved 1,ir the ci council the a licant must demonstrate and the lannin and zonin board or cily council must find that the proposed lot s lit meets the following criteria: ( The proposed lot split is in compliance with the provisions of this article and _applicable law. The application is consistent with the City's comprehensive titan a The application does not create any lots tracts of land or developments that do not conform to the City Code L41 The application provides for proper ingress and egress through a public or approved Private street or Perpetual cross access easements. f9j Special notice for residential lot snBft Any proposed lot split of a residentially zoned Pro shall require s ecial notice be rovided to ad pro rty owners at least City of Cape Canaveral Ordinance No. 03 -2010 Page 16 of 18 fourteen 0 4 da s prior to the lannin and zoning board hearing-on the proposed residential lot split. Said notices shall be provided by regular mail to adjacent_property owners within 500 feet of the property subject to the lot split application and shall include the address and legal description of the subject 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 solel responsible for the cost of the notices required by this subsection. 01)- Pecordin . Upon approval of gp lot s lit b resolution of the ci council the lat documents shall be duty recorded in the ublic records of Brevard Coun in accordance with section 98 -62 and the lots lit shall be reflected on the a ro riate .1y maps and documents. Restriction on additional lots lit. No further division of an approved lot split is permitted under this section. except through the preliminary and final plat review procedures of this article. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, orparts 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. City of Cape Canaveral Ordinance No. 03 -2010 Page 17 of 18 ADOPTED =by the: City Council of the City of Cape Canaveral, Florida, this Ath day of March, 2010. _ _ - = ROCK RAN ELS, Mayor Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh For Against Second Absent X Motion X First Reading: February 16, 20I0 Legal Ad published: March 1, 2010 Second Reading: March 16, 2010 Aanav gal form and sufficiency for eral only: ANT HONY A. GARGANESE, City Attorney' City of Cape Canaveral Ordinance No. 03 -2010 Page 18 of 18