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HomeMy WebLinkAboutP&Z Agenda 9.22.10ROLL 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@d.mcom 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 s` 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 2010. Lamar Russell, Chairperson Susan L. Chapman, Secretary I From: Barry Brown, Planning and Development Director There are two action items on the agenda for this meeting. First is a request by Randy May for a lot split of the former Ambassador Services now Martin Marietta Materials property. Second is a proposed ordinance to allow for assisted living facilities in R-3 and C-1 zoning districts. As recommended by the Planning and Zoning Board and directed by the City Council, staff has prepared an ordinance allowing for assisted living facilities as a special exception use in R-3 and C-1 zoning districts. If you have question or comment, call me at 868-1206 or email B.BrownCcD_cityofcapecanaveral.or.q. City of .•- Canaveral, Flori •. Planning & Zoning Board •, • ). STAFF REPORT 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 Zoninq Board Staff recommends approval of the requested lot split. 05/10/2010 11:34 FAX 321868' AMBASSAUUHSERVIULS City of Cape Canaveral LOT SPLIT Information Sheet Date of Submittal: / / ( - , /10 lQJ UUl /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 783 Ernall(s): karen.alb i ht @martinmarietta.com If applicant is not owner, a completed Power of Attorney form Is required, Applicant name: 21A4J/w,� _ /11A -j Applicant address: App. phone number(s): App. email(s): Signature (ov CDD • Lot Split App. 04 /2010 Page 3 yt. 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. William A. DiRico, Jr. President — Southeast Divi UUMN 1 W T®: Susan Chapman Planning & Development Department FROM: Jeff Ratliff Assistant Public Works Director / Stormwater Administrator City of Cape Canaveral 868 -1240 DATE: 09/02/10 RE: 2 nd Submittal Lot Split Application Martin Marietta Materials 245 Challenger Road Public Works staff has reviewed the 2nd 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 [Cunningham @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: 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. �v/ ZJr�4 C-'-� John A. Pekar Senior Vice President STOTTLER STAGG & ASSOCIAT ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321 - 783 -1320 Fax 321- 7837065 \ \I \pro_jects \05 -0025 CCC Site Reviews pjtd4iAgft�2Y)04 Ran(kEM)D } g25plit \I- brgLgmpyNal letter 09.15.10.doc ORDINANCE NO. 03 -2010 + 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 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 W + WHE REAS, the City Council desires to create an abbreviated lot split procedure for the subdivision of one lot into two lots; an d 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 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 it x it ARTICLE II. PLATS & LOT SPLITS DIVISION 1. GENERALLY Sec. 98 -31. Division of land; review and a royal re aired- zonin . .LaZ. Any subdivision of land into two (2) or more parcels shall be subiect to the requirements of this article bL No owner of real property shall sell offer to sell or lease lots or tracts of land from such property without first having divided such property in accordance with the requirements of this article. Before such lot or tract is divided the lots or tracts proposed to be divided shall be surveyed by a duly licensed Florida surveyor and approved by the city council by plat or lot split resolution in accordance with the specific applicable provisions ofthis article and Chapter 177 Florida Statutes. No permit shall be issued for the construction of M buildin or structure or for an electrical or sewer hooka on any lot or tract sold in violation of this article, provided however, that any such violation can be remedied by complying with the provisions of this article. Additionally, any subdivision or lot split approved pursuant to this article shall in evea respect 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. Reserved. 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 -p}an plat or lot split approval shall meet with staff in a preapplication conference are encouraged-to-utifi=-t-he ' 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 si 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 plat or lot split site7lan 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 plat or lot split submittal and review procedures. City of Cape Canaveral Ordinance No. 03 -2010 Page 2 of 18 e) The applicant will provide fib preliminary drawings of the proposed plat or lot split sketelrplarrto the planning official. The number of copies required to be submitted shall be determined b the lanrun official. U on submittal of the copies of the ro osed plat or lot split. a preapplication conference shall be scheduled (c d) The proposed plat or lot split stretch - pi-an 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)17r setelrft�nrr, -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. Deserved. ]! 7C 7f DI`IISION 3. PRELIMINARY PLAT Sec. 98 -41. Information required. The following information shall be provided to the commimity developme_ nt department S) A completed application on a form prescribed by the city manager rgquesting review City of Cape Canaveral Ordinance No. 03 -2010 Page 3 of 18 / • t : I - a _ _ / :t • • : : • �- • Vii- i �� _ - e) The applicant will provide fib preliminary drawings of the proposed plat or lot split sketelrplarrto the planning official. The number of copies required to be submitted shall be determined b the lanrun official. U on submittal of the copies of the ro osed plat or lot split. a preapplication conference shall be scheduled (c d) The proposed plat or lot split stretch - pi-an 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)17r setelrft�nrr, -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. Deserved. ]! 7C 7f DI`IISION 3. PRELIMINARY PLAT Sec. 98 -41. Information required. The following information shall be provided to the commimity developme_ nt department S) A completed application on a form prescribed by the city manager rgquesting review City of Cape Canaveral Ordinance No. 03 -2010 Page 3 of 18 of the preliminary plat under this Division The nreliminaa plat which shall- 0) Conform to the requirements of Chapter 177 Florida Statutes, this Code, and any other applicable statutes and regulations Bear the certification of a re istered Florida surveyor certify the accu of the plat. Be drawn at a uniform scale not smaller than one 1 inch a uals one hundred 100 feet. Indicate the title scale. north arrow and date on each sheet. (55) Show, at a minimum the following existin g conditions on the lat: LAJ Primary control points or descriptions and ties to such control oints to which all dimensions. an les bearings and similar data on the lat shall be referred. B) Boun�nes (including bearings and distances) lot lines lot numbers and block number. Q Location and description -P--- uments (D ) Easements including location width and purpose 0 Location widt . and names of all streets waterwa s or other ri hts- of wav shall be shown as applicable Minimum building setback lines U Size data in juding total acrea a number of lots ical lot size in acres, parks public open space etc. U Location map showing the site in relation to the existing communih including the name of the development and its location and main traffic arteries. Topographic survey showing ground elevations of the tract based on a datum plane approved by the City engineer as follows: fD For land that slopes less than aPproximately two percent 2% show s of City of Cape Canaveral Ordinance No. 03 -20 10 Page 4 of 18 elevations at all breaks in grade, along all drainage channels or swales and at selected points not more than one hundred feet (100 Uart in any direction For land that slopes more than approximately two percent (2 %) either show contours with an interval of not more than five feet 5' if ound slo a is regular. and such other information as is sufficient for planning purposes. or show contours with an interval of not more than two feet (2') if necessary because of irregular land or need for more detailed data for p re paring plans and construction drawings. fD Other conditions on tract including water courses. marshes rock outcro wooded areas, houses. barns shacks and other significant features. k4) 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 ad un Tatted land; abutting platted land with reference to subdivision plat by name recording date and number, approximate percent buildup tymcal lot size and dwelling type 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 zoning board Le) A filing fee, as established by resolution of the city council M# Other preliminary plans if available which clarify the application U A current title opinion of an attorney licensed in Florida or a certification by an abstractor or a title company showing that record title to the land as described and shown on the plat is in the name of the person or leg al entity executing the dedication The title gpmion or certification shall also show all mortgages not satisfied released or otherwise terminated by law and shall be current within 180 days of submittal zorririg City of Cape Canaveral Ordinance No. 03 -2010 Page 5 of 18 7 I �ii/nti tit:�'t"�'�eci`��i fr"�1 ra.�r/ ::� �li9:Sa4 }' : r�/ w��t s��R :�/nen/ni:•trr.�•ti�/w�r ". ' .r / • • PIE" 11111410 it � • • ••_..� _ _ f - ■f - • � i ti. titii i :r •• it � •� i 7 I �ii/nti tit:�'t"�'�eci`��i fr"�1 ra.�r/ ::� �li9:Sa4 }' : r�/ w��t s��R :�/nen/ni:•trr.�•ti�/w�r ". ' .r / City of Cape Canaveral Ordinance No. 03 -2010 Page 6 of 18 • City of Cape Canaveral Ordinance No. 03 -2010 Page 6 of 18 f Pull • • : : : , : , _ Awl : .1 J111121 ; . • mww R • ' : : • : : • • i1 :1 :1 : - :1 IF • : I VIA go • u •rl It : •l1' • • ■1 r / rl it • — 1 - l it f • 1 : _ • _ . Pull • • : : : , : Awl • 1 : _ • _ . Pull • • : : : , Sec. 98 -43. Scale, ir }s. Reserved. City of Cape Canaveral Ordinance No. 03 -2010 Page 7 of 18 City of Cape Canaveral Ordinance No. 03 -20 10 Page 8 of 18 - i� i �. ■. n n i Tight - - > > siz a. Prop b. Proposed t oiderly Off with file systmireapa-b� - ,, City of Cape Canaveral Ordinance No. 03 -20 10 Page 8 of 18 - i� i �. ■. n n i > > siz a. Prop b. Proposed oiderly Off with file systmireapa-b� City of Cape Canaveral Ordinance No. 03 -20 10 Page 8 of 18 - i� i �. ■. n n i City of Cape Canaveral Ordinance No. 03 -20 10 Page 8 of 18 Sec. 98 -44. . Deserved. : Bill Rollo Sec. 98 -44. . Deserved. Sec. 98 -45. City review. (a) The applicant shall submit copies of the preliminarlat and other information as p rescribed in section 98 -41 for review by the ci ty staff. Ci staff shall determine the number of conies to be submitted for review Upon receipt of the documents required-un2dr the buikling -of vial 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 he appropriate to enable the City reviewing staff engineer to review the application surbdivisis d either find approve the application to be sufficient subdivisim 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 thiny 30 days, the City reviewin staff engineer will return in writing all comments, recommendations and questions to the applicant. Th L _„ ten vvorking i/ilu vGLLl Jll Should any comment or recommendation made by a member of the Citv reviewing staff require the applicant to revise its submittal the City reviewing staff shall the revised submittal and return all comments recommendations and uestions to the lannin official who shall then forward all documents to the a licant. 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. U on recei t of all City of Cape Canaveral Ordinance No. 03 -2010 Page 9 of 18 Bill Rollo — - •' • : ;r ■ Y : • : •:.. ■ it 1 ;. we Ill n • • • r' Sec. 98 -45. City review. (a) The applicant shall submit copies of the preliminarlat and other information as p rescribed in section 98 -41 for review by the ci ty staff. Ci staff shall determine the number of conies to be submitted for review Upon receipt of the documents required-un2dr the buikling -of vial 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 he appropriate to enable the City reviewing staff engineer to review the application surbdivisis d either find approve the application to be sufficient subdivisim 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 thiny 30 days, the City reviewin staff engineer will return in writing all comments, recommendations and questions to the applicant. Th L _„ ten vvorking i/ilu vGLLl Jll Should any comment or recommendation made by a member of the Citv reviewing staff require the applicant to revise its submittal the City reviewing staff shall the revised submittal and return all comments recommendations and uestions to the lannin official who shall then forward all documents to the a licant. 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. U on recei t 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 zoning board Sec. 98 -46. Planning and Zoning board and City Council review. (a) The planning and zoning board shall review the Mb iieisi-art 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 modify the Board's recommendation. Sec. 98 -47. General criteria for approval Prior to the planning and zoning board recommending approval to the city council applicants shall demonstrate to the and zonin board and the planning and zonin board must find that the proposed preliminary plat meets the criteria listed in subsections (a) through (d) below. Further, prior to approving any proposed preliminMXIgt the applicant must demonstrate to the city council, and the city council must find that the proposed preliminaryplat meets the criteria listed in subsections (a) through (d) below. Lal The application in compliance with the provisions of this article and applicable law The application is consistent with the City's comprehensive plan LccI The application does not create any lots tracts of land or developments that do not conform to the City Code The application provides for proper ingress and egress through a public 'c or approved private street or perpetual cross access easements Sec. 98 -48. l ^vcd-. Time limit. The city council's approval of a preliminary plat shall be valid for a period of six (6 months unless a one (1) time six -month extension has been granted by the city council for good cause shown City of Cape Canaveral Ordinance No. 03 -2010 Page 10 of 18 55 �.. a :. .. - • t • tt . • . t . : 110 J 1 ` . .. • • : t . • . i 1 Sec. 98 -48. l ^vcd-. Time limit. The city council's approval of a preliminary plat shall be valid for a period of six (6 months unless a one (1) time six -month extension has been granted by the city council for good cause shown 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 preliminary plat approval shall be revoked and the applicant must re apply under the provisions of this article Secs. 98 -498 — 98 -55. Deserved. DIVISION 4. FILIAL PLAT See. 98 -56. Conformance to preliminary plat. The subdivision final plat shall conform substantially to the preliminary plat, as approved by the city council. Pr Mat ' pol Mnenft� 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. ber . Reserved. Nine co by 'Uhi Sec. 98 -58. Data required for final approval. U The subdivision final plat shall be drawn by the subdivider to conform to the requirements of the city council i H onunissionemfor approval and filing with the County clerk. a Six One 1 transparencyies fMylarr) 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. Le-) The final plat shall comply with Chapter 177 Florida Statutes and shall additionally show the f6flowing- include a dedication statement by the owner(s)- 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 Mat and the typed names of any witness notary or other person required to sign dedication : .: City of Cape Canaveral Ordinance No. 03 -2010 Page I1 of 18 .. :: ... ■ • n : r i : :r j : i ■r r l� f.a�Jtwl�lil Nl�■ llf ■:Iril�(a��lh:tt:r "u:.�u..�:. _..�__.- -- / ■i j i See. 98 -59. Documents required prior to approval. (a,) The following items shall be required before for subdivision final plat approval can be (1) Documentation - from the City reviewing staff engineercertifying the proposed subdivision is acceptable. City of Cape Canaveral Ordinance No, 03 -2010 Page 12 of 18 (2) £iither irrevocable letter of credit, performance bond or certified check, in a form acceptable to the City Attorne which will enable the City to 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 covenants ifapplicable. whereb the subdivision ro oses to regulate land use in the subdivision and otherwise rotect the proposed development. If there is to be a homeowners' association established co ies of the articles of incokporation, declarations and restrictions and the bylaws shall be provided. (4) Certification of approval by the $bard ci council (5) Other data as may be d. necessary which shall be determined by the _city council 0) Prior to the ci council's consideration of the final plat the subdivider shall submit to the Cily an u dated title opinion of an Attorne licensed in Florida or a certification b an abstractor or a title company showing that the record title to the land described and shown on the plat is in the name of the erson or le al enti executing the dedication. The title opinion or certification shall also show all mort aces not satisfied released or The terminated bylaw. The Ci Attorne the city council meeting shall review the title opinion or certification rior to Lel All mortgagees baying a record interest in the lands subdivided shall execute in the same manner in which deeds are re uired to be executed either the dedication contained on the lat or a se agate instrument 'oinin in and rati in the lat and all dedications and resery ations thereon. Sec. 98 -60. Application for approval. Application shall be made for subdivision final plat approval as follows: U on the documents re uired under this Division being resented to the Cily, the p- janiiing official shall review and forward to the a ro riate Ciy revi awing staff a cony of all submittals and such other documents as he or she deems a ro riate to enable the Ci reviewing staff to review the subdivision and either find the application to be sufficient or .point out areas that are inadequate or improper. The City Attomev shall review the title o inion or certification protective covenants articles of inco oration and bylaws and shall make recommendations if applicable M Within 30 -days. the reviewing staff will return in writing all comments City of Cape Canaveral Ordinance No. 03 -2010 Page 13 of 18 documents to the applicant U planning official who shall then fnrwar�l all •++a1v111J , c. , viiu „Gj,ua�ions a docu ments to the applicant. .(d) Upo receivi c op ies ofthe plat, the tannin off cial shall schedule the pl anning and zonin nn lication for consideration b t the t board. Sec. 98 -61. Planning and Zoning Board and City Council 1 Approval 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. a Prior to the p tannin and zonin board recommendin a roval to the ci council applicants sh all demonstrate tn the .._a ____ • , _ _ through (4) below. Further. prior to approyinnaj "" �iaiclia iis�ea m subsections 1 demonstra to the citv crn,nr,t a „,t +t, any r prop osed final plat the apnhcant must meets the criteria listed in subsections 1 throw h " below. (1) The annlinntinn is in com Hance with the provisions of this article and Applicable law. The application is consistent with the City's comprehensive plan 91 The a lication does not create any lots, tracts of land or developments that do not conform to the City Code a The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements Sec. 98 -62. Recording. The City shall be responsible for recording approved subdivision final plats The final plat recorded with the C ountv prior to Anv --r , . City of Cape Canaveral Ordinance No. 03 -2010 Page 14 of 18 - - - - - -- - �u � Y �Ll� �,� council are recorded within fifteen 15 days of the date of the subdivider's updated title opinion or certification. ifmate- Secs. 98 -633 — 98 -65. Reserved. DIVISION 5. LOT SPLITS Sec. 98 -66 Lot splits a Lots lit review and a royal. Ana lication for lots lit shall be rocessed b combining the review and a roval Procedures of this article aDnlicable to preliminaU and final plat gpnlications into one 1 consolidated pi rocess as set forth in this section. Definition. For purposes of thi „ ection the term lot split shall mean a division of a tract of lan d or lot that will result in the creation of exactl one f 1 additional tract of land or lot rovided the following conditions are met M The lot or tract of land to be split is a reviousl Tatted lot or le al description of record 21 Each lot or tract of land created hereunder shall abut a ublic or a roved rivate street unless peipetual cross - access easements alread exist on the lot to be split or are determined not to be necessary or, if necessary are provided by separate instrument. CCI Application. Applicants seeking lot split approval shall provide the following to the community development department A_c lot split application on a form prescribed by the ci manager. The information required for prelimina lat a roval set forth in section 98- 41 of this article. a A filing fee established by resolution of the city council. City sta Ereview . Upon receipt of a complete lot split application the planning official shall review and forward to the a ro riate Cl reviewing staff a co of same and such other documents to enable the Qy reviewing staff to review the a lication and either find the application to be sufficient or oint out areas that are inade uate or improper. The City Attorney shall review the title opinion or certification City of Cape Canaveral Ordinance No. 03 -2010 Page 15 of 18 Q) City reviewing staff shall return in writing all comments recom m en d a ti ons and Q uestions to the. annI;, -n,, �, )n endations Application Should an comment or recommendation made by the Qijy reviewing staff require the a licant to revise its submittal thLQ reviewing staff shall review the revised submittal and return all comments recommendations and question to the planning official who shall then forward all documents to the applicant Upon receiving satisfactm reviews from all of the Cily reviewing the staff a licant shall submit revised cop ies of the lots Iit and other information required by this section. The number of co ies re uired shall be determined by Cily staff. U on receipt of all documents. the planning official shall schedule the application for consideration b the I ing and zonin board. Lei Public hearings al The planningnpri zonin board shall consider an a lication for lots lit at a dul noticed public hearing and shall vote to reco mmend a royal or disc royal of the lot split to the city council (2.) Upon receipt of the P lanning and zonin board's recommendation the ci council shall at a duly noticed public hearin review and consider the plannin and zoning board's recommendation and shall either a rove or deny the ro osed lot s lit. Any nnnrniml --r- lot s lit shall bg b resolution of the cily council. Review criteria. Before pny lot s lit is recommended for approval b the Tannin and zoning bo ard or aDnroverl h„ ti,,. ,,;f— following Criteria: The proposed lot s'pilit is in com liance with the rovisions of this article and applicable law La The application is consistent with the City's comprehensive plan M The anplirstinn does not create an lots. tracts of land or develo ments that do not conform to the City Code The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. zoned Speci notice for residential lot splits Any proposed lot split of a rPsidenhalIv Pro shall require s ecial notice be provided to adjacent pro owners at least City of Cape Canaveral Ordinance No. 03 -2010 Page 16 of 18 fourteen (14) days prior to the planning and zoning board hearing on the proposed residential lots lit. Said notices shall be rovided b re ular mail to ad'acent roe owners within 500 feet of the propegy subject to the lot split application and shall include the address and legal description of the subject pro and the date. time and location of the pLarming and zoning board hearing. Notices provided under this subsection are hereby deemed to be courtesy notices only and the failure to pLovide or receive said notices shall not be a basis of appealing any decision made under this section Applicants shall be solely res onsible for the cost of the notices required by this subsection LhI Recordin . U on approval of any lot s lit b resolution of the cily council the lat documents shall be duly recorded in the public records of Brevard Coun ty in accordance with section 98 -62 and the lots lit shall be reflected on the appropriate maps and documents. fil Restriction on additional lots lit. No further division of an approved lots lit 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 Atli day of March, 2010. First Reading: February 16, 2010 Legal Ad published: March 1, 2010 Second Reading: March 16, 2010 Approve legal form and sufficiency for the Ci e Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCI�3' RAN ELS, Mayoi- Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh For Against Second Absent X Motion X City of Cape Canaveral Ordinance No. 03 -2010 Page 18 of 18 17r5UM*N Planning and Zoning Board September 22, 2010 a, WIN i t V- "TIMA Z - TU f U Request: To revise the City code to allow for assisted living facilities. Applicant: Request by City Council pursuant to recommendation of the P&Z Board. Analysis: Staff has researched the ordinances of other local governments (see Comparison Matrix). Most local governments allow for assisted living facilities (ALF) or adult congregate living facilities (ACLF) as a special exception in multifamily and commercial zonings. The most common criteria include special parking requirements, minimum separation distance from other ALFs, and special setbacks. The proposed ordinance calls for specific parking requirements for assisted living facilities: one parking space for each employee on the largest working shift plus one space for every two living units. Staff recommendation: Staff recommends that assisted living facilities be added to the list of special exception uses in the R-3 and C-I zoning districts and that special parking requirements be adopted. WHEREAS, the City is granted the authority, under Section 2(b), Article V111, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council believes the City of Cape Canaveral community and its citizens would benefit from assisted living facilities and that assisted living facilities provide important and beneficial services; and WHEREAS, the City Council desires to amend the City Code to permit assisted living facilities by special exception in certain zoning districts as set forth herein; 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, Brrevard 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 110, honing, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and sft° type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 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. _ -2010 Page 1 of 4 CHAPTER 110. ZONING ARTICLE I. IN GENERAL See. 1-110. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Assisted living facility shall mean any building or buildings section or distinct part of a building, private home, boarding home, home for the aged or other residential facility whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one (1) or more personal services for a period exceeding 24 hours to one (1) or more adults who are not relatives of the owner or administrator as defined by section 429 02 Florida Statutes, and as may be amended from time to time. ARTICLE VII. DISTRICTS See. 110 -314. Special exceptions permissible by board of adjustment. In the R -3 medium density residential district, special exceptions permissible by the board of adjustment shall be as follows: Assisted living facilities. Sec. 110 -334. Special exceptions permissible by board of adjustment. City of Cape Canaveral Ordinance No. _ -2010 Page 2 of 4 (c) Special exceptions may be permitted for the following: Assisted living facilities. Section 110 -491. lumber of spaces required. There shall be provided at the time of the erection or change of use of any main building or structure or at the time any main building or structure is enlarged or increased in capacity, by adding dwelling units, guestrooms, floor area or seats, minimum offstreet automobile parking space with adequate provisions for ingress or egress in accordance with the following: (14) Assisted living facilities. One (1) space for each employee on the largest working shift plus one (1) space for every two (2) units. 15 All other uses. To be determined by the building official, who shall use the ratios established in this section as a standard for determining the requirements. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or City of Cape Canaveral Ordinance No. _ -2010 Page 3 of 4 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. OPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2010. ATTEST: For Against ANGELA APPERSON, City Clerk Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh First Legal Ad Published: First Reading: Second Legal Ad Published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. _ -2010 Page 4 of 4 \ � ; + � � � \ \ � ' } �