Loading...
HomeMy WebLinkAboutNovember 10, 2010 - P & Z Packetof Cape Canaven-A BO MEETING CANAVERAL AVENUE 201 POLK NOVEMBER 10, 2010 1 CALL TO ORDER: ROLL CALL: NEW BUSINESS: 1. Approval of Meeting Minutes: October 13, 2010. 2. Recommendation to City Council: Proposed Ordinance Amending Chapter 94, Signs, Related to Historical Markers. 3. Recommendation to City Council: Preliminary Replat — 405 Holman Road — Sandra B. Young, Property Owner. 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 m Post Office Box 326 ® Cape Canaveral, FL 32920 -0326 Telephone: (321) 868 -1222 - Fax: (321) 868 -1247 www.myflorida.com /cape @ email: ccapecanaveral@cfl.rr.com L Date: November 5, 201 • -32s��� From: Barry Brown, Planning and Development Director RE: November 10, 2010 P&Z Board Meeting There are two action items on the agenda for this meeting. The first is a proposed revision to our sign code to accommodate historical markers (see draft ordinance). The second item is a request by Sandra Young for a preliminary plat to subdivide her residential property at 405 Holman Road into two lots. See attached staff report. On November 4, 201 the City Council approved the first reading of Ordinance 17-2010 which amends our code to allow for assisted living facilities. Thanks for your good work and focused efforts; together we crafted a very good ordinance that should serve the City well. Also, the Council directed staff to prepare an ordinance regulating the location of tattoo studios and body-piercing salons. We will bring this to you at a future meeting. If you have question or comment, call me at 868-1206 or email B.Brown@cityofcapecanaveral.org. Planning and Zoning Board Meeting Minutes October 13, 2010 A Regular Meeting of the Planning & Zoning Board was held on October 13, 2010, at the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral Florida. Lamar Russell, Chairperson called the meeting to order at 7:07 P.M. The Recording Secretary called the roll. MEMBERS PRESENT: Bea McNeely John Fredrickson Harry Pearson Donald Dunn OTHERS PRESENT: Angela Apperson Chairperson Vice Chairperson .der item 3 within the 2nd paragraph, at the cying "The noted" to "He noted ". Mr. Dunn questioned if the applicant is the City, who Consensus was reached to change the word nded by Mr. Dunn, for approval with said Mr. Brown reviewed events from the prior meeting and explained the research that was done to provide the board with recommendations for setback requirements; facility size; minimum size of each unit; parking requirements; and loading areas. Discussion ensued and included: whether to prohibit conversion of condominiums or town homes to assisted living facilities and the need to word the ordinance so any facility that can meet all code requirements for this use could become an assisted living facility; whether to allow individual cooking facilities in each unit; unit size requirements; the need to remove the definition of adult congregate living facility; set back requirements; land requirements for this use; unit per acre requirements; parking unit requirements; requirements for loading areas; the need to add "split face" block to the acceptable finishes for loading areas; Planning Zoning Board Meeting Minutes October 13, 2010 Page 2 of 3 and whether an ALF could be converted to another use such as a hotel or short term rental. During the discussion Mr. Danny Ringdahl, Mr. Glenn Duffy, Mr. Andy Kirback and Mr. Kendall Keith provided information related to a proposed Assisted Living Facility and answered questions. Mr. Russell restated the five outstanding items and noted consent • Set the unit size at 400 sq feet for a single bed unit and W • Require 2 parking spaces for every 3 units and have one on the largest working shift • Set backs will be a minimum of 25 feet with 50 feet from us was reached as follows: 0 sq feet for double bed units parking space for every employee residential lot lines • Require the lot area to be a minimum of five (5) acres • Accept the suggested design standards for the loading areas with the addition of "split face" block as an allowed finish Motion by Mr. Pearson, seconded by Mr. Russell, to recommend that we addthese five items (to the ordinance) and forward the ordinance to the City Council. The 5 acre lot size requirement and whether this size would preclude conversion of existing facilities were briefly discussed. The motion carried unanimously, after ;a roll call vote. 3. Mr. Brown reviewed the request and stated the City'' currently does not have any Tattoo Parlors. He noted the advice of Assistant City Attorney Kate Latorre not to prohibit Tattoo Parlors out right. Mr. Brown suggested these uses be limited to industrial zoned areas. Mr. Johanson objected to considering this request because the code requires payment of an application fee, which has not been received. Mr. Brown explained this is a request from the Mayor and didn't agree that a application fee is warranted as this is only a discussion item. Ms. Apperson explained this item was a request from the Mayor to the City Manager, who forwarded the request to Mr. Brown to get input from this Board. Discussion ensued and included the suggestion to place this uses in the industrial zoned areas;,, whether to have a separation requirement between businesses; whether this use should be classified as a personal service similar to a barber or nail salon; the visioning efforts; a recent court case from California that classifies tattooing as a form of personal expression and therefore protected under the first amendment; proposing legislation that places tattoo parlors in the industrial area with a separation of 1000 feet between parlors; and that individuals should feel free to bring any item to the Board for discussion. During the discussion Mayor Randels noted his duties and responsibilities include brining items forward that protect and promote the City and the desires of the residents. No consensus was reached to have staff perform further action on this item. Mayor Randels will pursue discussion with the City Council. Planning Zoning Board Meeting Minutes October 13, 2010 Page 3 of 3 OPEN DISCUSSION: Mr. Fredrickson asked how the City began to hold meetings at the Library rather than the City Hall Annex. He noted the ongoing renovations of the City Hall Annex and urged for some formal report to keep the Board informed. Mr. Pearson explained how and why the meetings were moved to the library meeting room. Mr. Russell indicated he saw no planning and zoning matter in this issue. ADJOURNMENT: Motion by Mr. Russell, seconded by Mr. ourn the n. i o . ]Ia►5� Approved on this day of Lamar Russell, Chairp Angela I WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City is currently considering implementing a local historical marker program in order to recognize places of historical significance in the City of Cape Canaveral; and WHEREAS, the City Council desires to amend the City's sign regulations as set forth herein to exempt historical markers from permitting requirements; and WHEREAS, the City's Local Planning Agency held a duly advertised public hearing on this Ordinance and recommended approval to the City Council; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 94, Signs, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and sftiktont type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 94. It is intended that the text in Chapter 94 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 Ord. _ -2010 Pagel of 3 Sec. 94 -4. Exemptions. The following signs may be erected without a permit, subject, however, to all remaining requirements of these regulations: (112) Subject to the criteria established in section 94 -61 historical markers located on public or private property that are part of a duly authorized local state or federal historical program. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2010. ATTEST: Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh For Against ANGELA APPERSON, City Clerk First Reading: Legal Ad published: Second Reading: City of Cape Canaveral Ord. _ -2010 Page 2 of 3 Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ord. -2010 Page 3 of 3 Planning and Zoning Board November 10, 2010 �Ilwrll Surrounding uses; North — Single family residential East — Vacant parcel. South — Condominiums West — Banana River Summary: The Young's want to create one additional lot by subdividing their property at 405 Holman Road into two lots. They have submitted an application for a preliminary plat to subdivide the property and it has been reviewed by staff. A letter was received from Vincent and Tammy Marino dated August 2, 2010 that raised concerns with the proposed preliminary plat of the subdivision of the Young's property into two lots (see attached). The Young's property is south of and adjacent to the Marino's property and the Young's access their property through an easement over the Marino's property. Kate Latorre, the Assistant City Attorney, responded to the Marino's letter on behalf of the City (see attached). Analysis: Staff has reviewed the proposed preliminary plat and found that the lots created meet the code for minimum size and configuration. The Assistant City Attorney has determined that the current ingress and egress easement to the Young's property will also provide access to the newly created lot. Also, the fire department has determined that if the existing easement is free of all trees and other obstructions that it will be adequate for emergency access. MIMI I C-LON] I I I a L174 I VI &VU 01 OWN I Rol I a r-A 019 te LZ4%1 (ZIO ON V41 [ fill AM =0 August 2, 2010 The Honorable Rocky Randels Mayor of Cape Canaveral 111 Polk Avenue P. O. Box 326 Cape Canaveral, Florida 32920 Vincent P Marino MD, PA 333 West Cocoa Beach Cswy Cocoa Beach, FI 32931 Phone 321 -868 -7170 Fax 321- 868 -7159 RE: Proposed Sandra Butler Young Trust Subdivision and Variance Dear Mr. Mayor: We just received notice from our neighbors that there is a proposal for a Young Subdivision and Variance that is scheduled for the 08/11/10 Planning and Zoning Board Meeting. We own the property on the north boundary of the Young Trust parcel. It has come to our attention that the Subdivision Plat Map for the proposed Young Subdivision includes the dedication of our access drive. This current proposed dedication comes as a surprise to us. In November or December of 2009, we received a return phone call from Barry Brown regarding the Young Trust Development for an application for subdivision. We advised Mr. Brown at that time that we were the rightful owners of the access drive. We expressed concerns for any expanded use of our access drive. We have received no notice or contact from the City, representatives of the Young Trust or the Engineer and Surveyor that prepared the Young Subdivision Plat Map for the proposed subdivision development. Therefore, this dedication is being submitted for City approval without our informed knowledge, permission or consent. The Young Subdivision Plat Map does not accurately depict our property or drive, nor does it make reference to our ownership and deed for the described Easement No. 1, which is our access drive. Accordingly, this Young Subdivision Plat Map constitutes a misrepresentation of fact and is in error. It was prepared in a fashion to suggest and imply that the Young Trust has ownership of the described Easement No. 1 access drive. This is clearly incorrect. We believe the dedication of the described Easement No. 1 to the City of Cape Canaveral is in violation of our rights as the lawful property owners of the access drive. Our entire parcel and access drive is duly recorded in Brevard County records and those records are readily accessible to the City of Cape Canaveral, copy of deed attached. Therefore, it appears the dedication of our access drive by the Young Trust is being submitted with the full knowledge and compliance of the City of Cape Canaveral, the Young Trust and its engineers and surveyors, each having a duty to become reasonably informed of the facts thereto. Honorable Rocky Randels page 2 We believe this offered dedication is in direct violation of Florida law and Statutes, including the City's Codes pertaining to the dedication of easements and the development of a subdivision, specifically FS 177.081(2)(3), FS 177.091(12), City Ord. sec. 110 -1 & 98 -1 Dedication & sec. 110-1 06(c), copies attached. FS 177.081(2) states a dedication is required by "the Owner or Owners of record which must be executed by all persons whose signature would be required to convey record fee simple title." We are the sole Owners of Record for the access drive. FS 177.081(2)(3) also requires that all mortgagors having an interest in the lands under the Subdivision Plat join and execute the dedication. A dedication of our land creates a real and direct burden on our property and mortgage. It also interferes with our financial relationships involving our property. We respect the Young Trust's rights as described in the Jahns' to Butler deed for ingress and egress to their property; however, we do not believe the easement language conveyed a right for the Young Trust to become a grantor and expand the original use to others. We have never issued an easement deed to the Young Trust nor have we expanded the easement entitlements that existed and were contemplated at the time the easement was granted by the Jahns. We would like to also call to your attention, as well as that of the Professional Engineer and Surveyor who prepared the Plat Map and Legal Description, that the legal description provided is incomplete. The full legal description was not provided, copy attached. This is misleading and constitutes a misrepresentation. Additionally, the legal description is in error. The Plat Map described the Easement access drive as beginning on the SE corner of Government Lot 1. That commencement point would place the easement far to the east of the proposed Young Trust Subdivision. This Legal Description creates a cloud on their deed and easement and we do not believe the City can make determinations that exceed the bounds of the City's authority. In a careful reading of the Subdivision Plat Map, the proposed dedication is misleading. It offers a dedication for the perpetual use for emergency vehicle access and for public utilities. The Plat Notes states that the easement rights are expanded to include electric, telephone, gas, or other public utilities. 1) The City already has entitlement to emergency access to existing dwellings. 2) The existing dwellings have utilities. 3) The only thing which does not have these entitlements is the Young Trust Subdivision's proposed new housing development. Therefore, the Young Trust is simply granting and acquiring expanded easement rights for the exclusive benefit of their new subdivision development. 4) The original deeded easement entitlements did not include utilities. Existing utilities in the access drive are not shown on the Plat Map, which would imply that none presently exist. That is incorrect. This access drive is narrow and such usage would overburden the drive and create potential conflicts with existing utilities to create potential code violations for distance between the sewer and water lines. Also, the entire drive would be shut down during construction of these utilities for denied access. 5) The dedication requires that the easements "be privately owned and maintained." Since we are the recorded owners of the property, we would be legally liable to maintain the drive for the benefit of the City, for public use, as well as for the benefit of the proposed new property owners. We would also face expanded legal liability for any personal injury Honorable Rocky Randels Page 3 or property damages arising out of the use of the access drive. This risk would be expanded during the construction due to increased traffic associated with the new development. This represents an expanded burden and risk which we are not prepared to accept. 6) The offered dedication imposes additional duties on the Owners of Record regarding the utilities that will be run beneath, on or over the drive for the new development. This raises complicated legal issues regarding utility issues, including permits for improvements, present and future, to our access drive. 7) The scope of the Jahns' to Butlers' easement was for "the purpose of ingress and egress" over the access drive. It did not provide land ownership or entitlement to a 20 -0 wide clear access. The access drive has remained unchanged since we purchased our home in 1998, shortly after the Young Trust constructed their existing home. The offer of dedication included emergency vehicle and fire truck access. Accordingly, the Young Trust Subdivision is subject to compliance with City Code, Subdivision, Sec. 98- 92(f)(g)(h)(i) & Q) Streets, and NFPA 1, 18.2.3.2 Access to Buildings, which includes code compliance for fire department access roads. These requirements subject the "Owners or Record" to make improvements and maintain the road to the requirements and standards of the Fire Marshall, from present to the end of time. These codes include providing a clear width of not less than 20 feet, an all- weather surface and an ample turn radius to accommodate the 90 degree entry from Holman Road into the access drive and from the SE corner of our lot into the Young Subdivision. Presently, there are palm trees and foliage on the access drive, including trees on the SE corner of our lot, which would be subject to removal in order to conform to these requirements. Removal would require permits and unwarranted and unnecessary inconvenience and expense. Increased road traffic will deteriorate the road surface. These code standards are subject to interpretation and the interpretation adopted today is not necessarily the interpretation that could be applied in the future. There will now be multiple owners on the Young Trust Subdivision and there is no guarantee that the ownership will not change in the course of time. This places us in the position of being perpetually responsible to alter and maintain our access drive to the requirements of the City and Fire Marshal and for the convenience and benefit of the Young Subdivision, 8) The scope of the Jahns' to Butlers' easement stated the easement was perpetual to the land but, limited that scope by stating, "However, should Grantee or his assigns ever secure access to the aforedescribed property by any other means, the easement herein granted shall terminate." There is vacant property on the east and south boundaries of the Young Trust which we understand has been offered for sale. There's a 40 foot wide strip on the south boundary of the Young Trust parcel that connects with North Banana River Drive. Development of that property could open other available access to the Young Trust. Should other access become available, we wish to enforce our rights of termination. The offer of dedication removes our rights of termination for the easement and makes the access drive a permanent access drive to the Young Subdivision. We again state that we do not believe the City can make determinations that exceed the bounds of the City's authority. Honorable Rocky Randels Page 4 We believe this Subdivision Plat Map has been improperly and negligently prepared and presented to the City. We urge the Planning and Zoning Board to not accept the offer of dedication of our access drive and refrain from making legal determinations regarding our property rights. .117 Sincerely, Vincent P. Marinc Tammy C. Marinc 401 Holman Drive Cape Canaveral, Office 868 -7170 Cell 302 -2725 cc: Barry Brown, City Planning Department Lamar Russell, Chairman, Planning and Zoning Board John Campbell, PSM, Campbell Surveying & Mapping of Brevard Kate Latorre, Esq., Assistant City Attorney Howard Swerbillow, Esq. John Cunningham, Fire Marshal C By---- ----------- -------------- -------- Sandra Butler Young 405 HOLEMAN ROAD Owner CAPE CANAVERAL, FL BE William Young 405 HOLEMAN ROAD Owner CAPE CANAVERAL, FL Signed and sealed in the presence of: as to Sandra Butler Young. B y----------- _— .-- .--------- .--- _-- - - - - -_ j Sandra Butler Young, Trustee 405 HOLEMAN..ROAD I Owner CAPE `CANAVEBAL FL 20' R/w PRINT SIGNATURE PRINT SIGNATURE STATE OF FLORIDA, COUNTY OF BREVARD THIS IS TO CERTIFY, -That o.n _ before me, an .officer . duly authorized..to..take ; adkn owl edgmen'ts — in the State and County aforesaid; pesonplly ,appeared . Sandra Butler 'Young and William Young respectively,' to me known. to be' the individuals` described in and wha executed. the foregoing Dedication. and severally, acknowledged the execution thereof to 'be their f�ee' dct and .d6e* d as such officers thereun.to'. duly:.'authorized; that-:the official 'sdal of said. corporation is duly.. a`ffix'ed `there'to.;,' dhd ;that` the 'sd'id' Dedication is the' dct and deed :of 'said. corporation: IN WITNESS WHEREOF, I have hereto set my hand qnd seal on the above date. I: t s. 1 i��z/ Z KI REBAR.& LB 266 & j "..IRON. PIPE 'CAP G s l� OF ;q I I i My Qprnmisslen. c: •, , KNOW MEN BY THESE. PRESENTS, That the undersigned, being a: licensed and registered land surveyor, does hereby certify that on December 24, 2009 1 completed'ttie survey of the lands as shown in the foregoing plat; that said plot, is a. correct representation of the lands..therein described an;d : that permanent reference monumerits hove been placed as shown thereon as required by Cfapters'.177 & 472.. Florida Stotutes;'.ond that said land is located in Hrevard. County ;Florida. ��_ Registratiofi ,No.. 2351 JOHN R. CA *BELL :.Campbell Surveying & .Mdpp'ing •>'of •Brevard Inc. LB 2936 = l . 3525A. C66A66ay, Parkway Suite 1 Mailing Address' P 0 ' Box 542148 Merrlt} islond,'FL 34954 Phone {21)453 5820 CERTIFICATE 0 CITY':: CONTRACTED SURVEYOR 1' HEREBY CERTIFY, .That I have reviewed the 'fore plat and find, that, it is in conformity with.Chppter: 177, Part 1, Florida Statutes.' DAVID ROY JONES, 4301 — CITY CONTRACTED SURVEYOR in and for The City ,of Cape Canover al. ,.$revard County, Florida CERTIFICAT:E;'OF .AP:P.ROUAL BY •THE CITY a i I ... j 1. L ,� Sll'�,frt4�'Nf�RM!G& P�4Ii+NIN6 . s t i 'oe,or Coss, Inc AY PARKWAY -' SUITE 1 • !�S: P.O. '@ X 542148 1.12954 PHON� (321) .453 -5820 '..I!ircnrcr. (ci.'i oo'za . • . . Clerk of'-the Circuit 'Court.:.` in an for Bre'vard County; FL THIS IS TO CERTIFY .that • on ^__----- __. - - -- the foregoing plat was approved . by the City Council of the City of Cape Canaveral, Brevard County, Florida ROCKY RANDELS, MAYOR— — ; ATTEST,: C Y _----------------- SUSAN STILLS, . It Clerk CERTIFICATE OF CLERK .I HEREBY CERTIFY, That I aye.. examin.ed',the fo�e plat ' and ..find that. it complies in form­ ith .'all the., requi,rements of . Chapter 177, Florida 'Statutes, and was filed. for record on - - - - -- — -- -- at — — — - -- - - -- File No. --- - - - - -- — -- — W � � J (� +J W 1- U CIO cl� QO y O N M U (�� Cy 11_I .: ly Cn U �.. W Iy Q � U n � � O z 0 0 ® s U . 4-- . {� V i I z W z ¢T z (D. z O za' O(j F- O JLdZF -WW�� z d�O'z o w ' = �Woza�W w �.O D cn Z 0 Hd d w� N 0o w z - 0 Q Za Z:0 p W 0 d W (O _ �d ( = j OOO ~ ° �(.)Q :: < CD d W W W� W d ¢ W LJ W ~O() CD C7 ( n • • ' - z �.1 0 M. .'W U u ` - CO'..O .Q (n W O Z O Z z 0 z ° d - d W .�-. Z Z L U: w.w t- w dZ�O 0 � W �z (n.zt- owJ¢ °D a) W, .N COO m }NO E 2 0 a W W - O c a- WC) ¢ O WL_0 a) Ou SSZ:z F-- > da OF L °_)= O Q .w w p ~ N Cn L, cv l- ( Z Q 0 C OF- L L [-W ~ Y 0 0 ubi- - J W + 0� UL, F - w O.z 'Z Of C> < N f -- (n. .- OZ p f'. d C, z J C Oa I Zw °w ZJ O F O >Uui w - )( n O U d �pCDQO�Q rwo w'd ° Q >� r d � C) N O �'pF -COOw 00 wZ o (n �w >00Z °Q °� L z j ° ' N Z° z :.CD . (� Z --( Z w W � CC.Z O : = � z O W= �O O W > Ln� O J p W U w.w O (Dw�- F- Q) Ow. U. =(nC)D 0: N w.(�i.''Lu F- - wowz L V) =w.: rz o=WC)z W a) O i-p F ZZ ` �zJZZ °�F-w o 0 00Q Z( -jw F- o (n w d W QZa) -- Q a) W W'' �WUDW � ^--I m a a) .0 U � C 0 U) C (n Q) a) N U i .] 0 0 > 0 o o m c °- 'rn O 0 > N (n O Q) T �` O M - U U 00 a) N N C JD r' 0 C C U .0 U U u O O Z3 U C co a) (n o Nap U a) a) O) O U O Oro I r c o I 0 h O i C U a) U I 0 CC 0, N :+, o O 0 U C -(-- a) a) a 23 V) m C) >, .n n E I O D p o U > h , : a) O o O m E o o C O ( o O C O Q) 0 o U U C a) a) U o Q L N U > O m a) L O c O °o 0 N d U co 0 0 = o p O • U � 0 0 0 0 U i U c � o > -C a) o to c 3 s �' o 0 U 0, o 0 0 3 � T 0 O :� > > 0 o c Q) C - 0 0 0 N U O w N O T T Q O.C. -C U F- ,•- , U - +�-• O �. aEi n c L o c 7 ON - - O C - U � � c c z c o a) 0- o O Z O C a) t a) N U) 0. r --C 'a) E Z ( .o N O U a O ,4 O W N 0 N' >✓ .� ' O p cn S +� O (n m co U " O o O U O V O [-- �` co Z > E Z N N V .,.. U .0 O LLI c c a) z E C _ o °' W oa)Q EF b c a� V) ° aEi Q O (0 N n w O C ,C + o O O O, U C J V n LLI 0 - 0 U O O . (Q C s > C O Q) o ' V O s o O -0 _r_ N C CO D (n O C -,- V Q) C z �30 SID 0 a) U ° o a ° Q) w Z o °U'' w� U >, - ° > o ai U �wo� moo°'. U a W °> _0 °'L C O cm c Z, m p. 0 07 a) () O 0 - Q) > C 0000 > o. o o > >�c o.. w4) (D v Q) o o c m 'mQE� Q O Q) L Q) ` N A C O �- U ° o Q) o E E LLJ... c 0 c I w. 0 w cr) (n o 0 m. - 0, U - (f) Q) (� O W O U O C L (.� ,- cy J a N. N Q t�i O z Lli Ld fy- CY Llj < > x 0 Z— CD C) 0 LD uj C) L (/) 0 y _0 LL- 0 0 00 2� v LL- IL 0 N\ C) Z > Jq C6 (L b� !C LJ- C "L".0 J- 1 0 pj 0 'I '' - 'N W a E W. 0 W . LLJ .- Z 0 cp C) C\l w 1f) Nij 'K*'� 9 ..9. , 0 , 1- CO m . �. C a o " a) .0 00 Cf) ou), In c z o E C: E 'vx 0 C 0 0 w 0 - 0 of E 2 11AL Z. fa- b ' '@ A - fn 0 r - • 0 O z Lli Ld fy- CY Llj < > x 0 Z— CD C) 0 LD uj C) L (/) 0 y _0 LL- 0 0 00 2� v LL- IL 0 N\ C) Z > Jq DO 0 C6 (L '.'r Z LO a) 0 c) 0 'I '' - 'N CD C\I LLJ .- Z 0 C\l w 1f) Nij 'K*'� 9 ..9. , 0 , 1- CO m 00 < . �. C: 00 Cf) ou), 0 z o >u .0 0 'vx 0 - w < 11AL > LIj Lj = U p V) IW. 1 0: 0 F - D LL 0 Q) - a Ld 1- 0 > LLJ -r 0. 0 ry "I 'L4 Cf) c:. C) 0 0- 0 lo DO 0 C6 (L '.'r Z LO a) 0 < 0 'I '' - 'N CD C\I LLJ .- Z 0 C\l w 1f) Nij 'K*'� 9 ..9. , 0 , 1- CO DO 0 C6 Li LLJ r Ll '.'r LO a) uj - w\ < .,ALL 'I '' - 'N CD C\I LLJ .- Z 0 C\l w 1f) Nij 'K*'� 9 ..9. , 0 , 1- CO m 00 < . �. U) U �:Ld.. cn 00 Cf) z Lu\ co! 0 C-) I— LLJ tn 'vx < ' 00.00 L t" # 9.. e "S 0 W mz. LJ-O. V) ( D (0) ' 1'9 - 92 (d) spw 0 '.'r LO a) 5 In .,ALL AM IIJ C Z (0) ' 1'9 - 92 (d) spw 0 0 cr) 5 Ld IN ry (0) ' 1'9 - 92 (d) spw 5:0'N = �F \,`.•��, fig..... . ul LL- LA- C8'6L z N ",\ \ \ 00'006. co 0 0 �w " Ql 2. Uj f W / p O AV cn .-i W'cs'o I w N � O ZI 1 / ,00•00t '3 „V-V,9.9.0.'N LJ W .�' \ \� \ \ • \ \o s U.. co .gyp N h \,\ N,\I z s� n Ln V\ ry � . 6 \ Q N d . N d W to o co W = N a \ \ � p m C 7 I, C7 f� o Q d Z Ql CJ t r d r .N N W ( Ln r_ d d � r r U \ \ to W V) O c cV 17 O d N -Lo ON F v �\,,\`•, \ �, ��• \� ', \\ W _� O C!j c0 (� Q (O CO f-- V3 W S \`` \Z \ \� �. ` \ �`y } Q � Q O. f d CO O I\ -, � to \z `` W I \` �\ \\ Q o o cfl co �s w H �.'',. w` 1 � co \ Q? W elf -4- Ln a n o � c o f \� N'� wa W w d .mot h \\'.`. \� �`\ I (L a J r Q' Z Lil \ \ \��\ ' Y ui W CN 'CO d :N fl- CA CO OJ Ul _ �' \�, U . \,\ �� \, W d O r� r d l� O r7 \` \ \ \ \� � rQ. O � N r7 N .� �� ,,;`� \\ CD /`� `` \� \y co CL Y> `'. Ln O `' m ' �\ IS to Prepared by /return to: Jerry L. Jester, Esq. PO Sox 541196 Merritt Island, FL 32954 -1196 Parcel ID No. 24 372600 261 Grantee's Sec. Sec. No. 376 -22 -1194 WARRANTY DEED CFN 98068871 04-14-98 09:49 am OR BooklPage: 3827 / 0255 Sandy Crawford Clerk Of Courts, Brevard County #Pgs:1 #Names:4 Trust: 1.00 Rec: 5,00 Sery 0,00 Deed: 1,592.50- Excise: 0.00 Mtg: 0.00 nt Tax: 0.00 THIS WARRANTY DEED, made and executed this day of April, 1998, by MARK D. JULIAN and MARGARET JULIAN, his wife, herein ter called the Grantor, to VINCENT P. MARINO and TAMMY MARINO, his wife, whose post office address is 401 Holman Road, Cape Canaveral, FL 32920, hereinafter called the Grantee. (Wherever used herein the terms "Grantor" and "Grantee' include alt the parties to this instrument and the heirs, legal representatives and assigns of individuals and the successors and assigns of corporations.) WITNESSETH, that the Grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Brevard County, Florida, viz; The North 100 feet of the South 200 feet of Government Lot 1, Section 27, and the South 20 feet of the North 100 feet of the South 200 feet of the West 165.08 feet of Government Lot 1, Section 26, all being in Township 24 South, Range 37 East, Brevard County, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or any wise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1997. IN LWXTAMS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered In te' presence of: -- ���erxy f� Printed name of witness `l;�vy7J �• Mark D. Juliqf 260 Fortenbe Rd. Merritt Island, FL 32952 WWi ess to both Virginia M. Masse Printed name of witness STATE OF FLORIDA COUNTY OF BREVARD Marg�Julian O 260 Fortenberry Rd. Merritt Island, FL 32952 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County, to take acknowledgments, personally appeared MARK D. JULIAN and MARGARET JULIAN, to me personally known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed same. WITNESS my hand and official seal in the County and State last aforesaid this I dav o Apri 1998. �q JERRY L JESTER & MY 00tmS$N # 00405484 EXPIRES Sep�rt baz 18,1998 ,4 s eroton w*mvruun�' o Publi State of Florida Statutes & Constitution :View Statutes :- >2009- >Ch0177- >Section 0,81 : Online Sunshine Page I of 1 Select Year: 2009' r God The 20o9 Florida Statutes T t_l.e.,Xll Chapter _1.77 View Entire. Chapter MUNICIPALITIES LAND BOUNDARIES 177.081 Dedication and approval. -- (1) Prior to approval by the appropriate governing body, the plat shall be reviewed for conformity to this chapter by a professional surveyor and mapper either employed by or under contract to the local governing body, the costs of which shall be borne by the legal entity offering the plat for recordation, and evidence of such review must be placed on such plat. (2) Every plat of a subdivision filed for record must contain a dedication by the owner or owners of record. The dedication must be executed by all persons, corporations, or 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. All mortgagees having a record interest in the lands subdivided shall execute, in the same manner in which deeds are required to be executed, either the dedication contained on the plat or a separate instrument joining in and ratifying the plat and all dedications and reservations thereon. (3) When a tract or parcel of land has been subdivided and a plat thereof bearing the dedication executed by the owners of record and mortgagees having a record interest in the lands subdivided, and when the approval of the governing body has been secured and recorded in compliance with this part, all streets, alleys, easements, rights -of -way, and public areas shown on such plat, unless otherwise stated, shall be deemed to have been dedicated to the public for the uses and purposes thereon stated. However, nothing herein shall be construed as creating an obligation upon any governing body to perform any act of construction or maintenance within such dedicated areas except when the obligation Q s voluntarily assumed by the governing body. History. - -s. 1, ch. 71 -339; s. 2, ch. 79 -86; s. 7, ch. 98 -20; s. 2, ch. 99 -288. Copyright © 1995 -2009 The Florida Legislature Priyacy Statement • Contac.t._Us tj,gQ& & Co nstitution :View Statutes , >2009- >Ch0177- >Section 091 : Online Sunshine Page I of 4 select Year: 2009' Go the 20oq Florida Stat Title XII MUNICIPALITIES Chapter 177 LAND BOUNDARIES View Entire Chapter 77.091 Plats made for recording. - -Every plat of a subdivision offered for recording shall conform to the following: It must be: An original drawing made with black permanent drawing ink; or A nonadhered scaled print on a stable base film made by photographic processes from a film scribing tested for esidual hypo testing solution to assure permanency. iarginal lines, standard certificates and approval forms shalt be printed on the plat with a permanent black drawing ink. A rint or photographic copy of the original drawing must be submitted with the original drawing. zj The size of each sheet shalt be determined by the local governing body and shall be drawn with a marginal tine, or , rinted when permitted by local ordinance, completely around each sheet and placed so as to leave at least a' / -inch iargin on each of three sides and a 3 -inch margin on the left side of the plat for binding purposes. 3) When more than one sheet must be used to accurately portray the lands subdivided, an index or key map must be lauded and each sheet must show the particular number of that sheet and the total number of sheets included, as well s clearly Labeled matchtines to show where other sheets match or adjoin. 4) In all cases, the letter size and scale used shalt be of sufficient size to show at[ detail. The scale shalt be both stated nd graphically illustrated by a graphic scale drawn on every sheet showing any portion of the lands subdivided. The name of the plat shall be shown in bold legible letters, as stated in s. 177.051. The name of the subdivision shall shown on each sheet included. The name of the professional surveyor and mapper or legal entity, along with the street .nd mailing address, must be shown on each sheet included. 6) A prominent "north arrow" shall be drawn on every sheet included showing any portion of the lands subdivided. The gearing or azimuth reference shalt be clearly stated on the face of the plat in the notes or legend, and, in all cases, the Bearings used shall be referenced to some well established and monumented line. 7) Permanent reference monuments must be placed at each corner or change in direction on the boundary of the lands Being platted and may not be more than 1,400 feet apart. Where such corners are in an inaccessible place, "P.R.M.s" shalt �e set on a nearby offset within the boundary of the plat and such offset shall be so noted on the plat. Where corners are ound to coincide with a previously set "P.R.M.," the Florida registration number of the professional surveyor and mapper «rules cc 1-.Unsurunon : view Ntatutes : - >2009 >Ch0177 -> Section 091 : Online Sunshine Page 2 of in responsible charge or the certificate of authorization number of the legal entity on the previously set "P.R.M." shall be wn on the new plat or, if unnumbered, shalt so state. Permanent reference monuments shall be set before the recording of the plat. The "P.R.M.s" shall be shown on the plat by an appropriate symbol or designation. (8) Permanent control points shall be set on the centerline of the right -of -way at the intersection and terminus of atl streets, at each change of direction, and no more than 1,000 feet apart. Such "P.C.P.s" shall be shown on the plat by an appropriate symbol or designation. In those counties or municipalities that do not require subdivision improvements and do not accept bonds or escrow accounts to construct improvements, "P.C.P.s" may be set prior to the recording of the plat and must be set within 1 year of the date the plat was recorded. In the counties or municipalities that require subdivision mprovements and have the means of insuring the construction of said improvements, such as bonding requirements, P.C.P.s" must be set prior to the expiration of the bond or other surety. If the professional surveyor and mapper or legal ?ntity of record is no longer in practice or is not available due to relocation, or when the contractual relationship between he subdivider and professional surveyor and mapper or legal entity has been terminated, the subdivider shall contract rith a professional surveyor and mapper or legal entity in good standing to place the "P.C.P.s" within the time allotted. 3) Monuments shall be set at all lot corners, points of intersection, and changes of direction of lines within the abdivision which do not require a "P.R.M." or a "P.C.P. "; however, a monument need not be set if a monument already xists at such corner, point, or change of direction or when a monument cannot be set due to a physical obstruction. in lose counties or municipalities that do not require subdivision improvements and do not accept bonds or escrow accounts � construct improvements, monuments m be set prior to the recording of the plat and must be set at the lot corners ?fore the transfer of the lot. In those counties or municipalities that require subdivision improvements and have the fans of ensuring the construction of those improvements, such as bonding requirements, monuments shall be set prior to `expiration of the bond or other surety. If the professional surveyor and mapper or legal entity of record is no longer in actice or is not available due to relocation, or when the contractual relationship between the subdivider and afessional surveyor and mapper or legal entity has been terminated, the subdivider shall contract with a professional - veyor and mapper or legal entity in good standing who shall be allowed to place the monuments within the time otted. )) The section, township, and range shall appear immediately under the name of the plat on each sheet included, along :h the name of the city, town, village, county, and state in which the land being platted is situated. ) Each plat shalt show a description of the lands subdivided, and the description shall be the same in the title tification. The description must be so complete that from it, without reference to the plat, the starting point and indary can be determined. The dedications and approvals required by ss. 177071 and 177_0$1 must be shown. The circuit court clerk's certificate and the professional surveyor and mapper's seat and statement required by s. .061 shalt be shown. All section lines and quarter section lines occurring within the subdivision shall be indicated by tines drawn upon the or plat, with appropriate words and figures. If the description is by metes and bounds, all information called for, such ie point of commencement, course bearings and distances, and the point of beginning, shall be indicated. If the :ed lands are in a land grant or are not included in the subdivision of government surveys, then the boundaries are to tatutes & Constitution :View Statutes :- >2009- >Ch0177- >Section 091 : Online Sunshine Page 3 of be defined by metes and bounds and courses (15) Location, width, and names of at[ streets, waterways, or other rights -of -way shall be shown, as applicable. (16) Location and width of proposed easements and existing easements identified in the title opinion or certification required by s. 177.041 shalt be shown on the plat or in the notes or legend, and their intended use shall be clearly stated. Where easements are not coincident with property lines, they must be labeled with bearings and distances and Lied to the principal lot, tract, or right -of -way. ;17) All contiguous properties shalt be identified by subdivision title, plat book, and page, or, if unplatted, land shall be ;o designated. If the subdivision platted is a part or the whole of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made; the fact of its being a replat shall >e stated as a subtitle under the name of the plat on each sheet included. The subtitle must state the name of the ubdivision being replatted and the appropriate recording reference. 18) AR lots shall be numbered either by progressive numbers or, if in blocks, progressively numbered in each block, and ie blocks progressively numbered or lettered, except that blocks in numbered additions bearing the same name may be umbered consecutively throughout the several additions. 9) Sufficient survey data shall be shown to positively describe the bounds of every lot, block, street easement, and all =her areas shown on the plat. When any lot or portion of the subdivision is bounded by an irregular line, the major 7rtion of that tot or subdivision shall be enclosed by a witness line showing complete data, with distances along all tines fended beyond the enclosure to the irregular boundary shown with as much certainty as can be determined or as "more less," if variable. Lot, block, street, and all other dimensions except to irregular boundaries, shall be shown to a inimum of hundredths of feet. All measurements shall refer to horizontal plane and in accordance with the definition of e U.S. Survey foot or meter adopted by the National Institute of Standards and Technology. All measurements shall use e 39 . 3 '/ 12 = 3.28083333333 equation for conversion from a U.S. foot to meters. )) Curvilinear lot tines shall show the radii, arc distances, and central angles. Radial lines will be so designated. - ection of nonradial lines shalt be indicated. ) Sufficient angles, bearings, or azimuth to show direction of all lines shalt be shown, and all bearings, angles, or muth shall be shown to the nearest second of arc. .) The centerlines of all streets shall be shown as follows: noncurved tines: distances together with either angles, firings, or azimuths; curved lines: arc distances, central angles, and radii, together with chord and chord bearing or muths. ) Park and recreation parcels as applicable shall be so designated. All interior excepted parcels as described in the description of the lands being subdivided shall be clearly indicated labeled "Not a part of this plat." i The purpose of all areas dedicated must be clearly indicated or stated on the plat. LaLu,Les 6-1 k,onsiaiution :View Ntatutes :- >2009- >Ch0177 -> Section 091 :Online Sunshine Page 4 0 (26) When it is not possible to show line or curve data information on the map, a tabular form may be used. The tabular ±a must appear on the sheet to which it applies. (27) The plat shall include in a prominent place the following statements: "NOTICE: This plat, as recorded in its graphic form, is the official depiction of the subdivided lands described herein and will in no circumstances be supplanted in authority by any other graphic or digital form of the plat. There may be additional restrictions that are not recorded on this plat that may be found in the public records of this county." (28) Alt platted utility easements shall provide that such easements shall also be easements for the construction, installation, maintenance, and operation of cable television services; provided, however, no such construction, installation, maintenance, and operation of cable television services shall interfere with the facilities and services of an atectric, telephone, gas, or other public utility. In the event a cable television company damages the facilities of a public itility, it shall be solely responsible for the damages. This section shall not apply to those private easements granted to or )btained by a particular electric, telephone, gas, or other public utility. Such construction, installation, maintenance, and Eperation shall comply with the National Electrical Safety Code as adopted by the Florida Public Service Commission. Z9) A legend of all symbols and abbreviations shalt be shown. istory. - -s. 1, ch. 71 -339; s. 51, ch. 73 -333; s. 1, ch. 87 -266; s. 3, ch. 87 -349; s. 1, ch. 90 -320; s. 104, ch. 94 -119; s. 1454, 1. 95 -147; s. 8, ch. 98 -20; s. 6, ch. 99 -259; s. 3, ch. 99 -288. t Copyright 0 1995 -2009 The Florida Legislature • Privacy S a m n on a 11 § 110 -1 CAPE CANAVERAL CODE ination and treatment by one person or group of persons practicing any form of the healing arts services to individuals, whether such persons are medical doctors, chiropractors, osteopaths, chirop- odists, naturopaths, optometrists, dentists or any similar profession, the practice of which is li- censed in the state. The term does not include a place for the treatment of animals. Common open space means a parcel or area of land or land and water, other than a dedicated canal, within the site and designed and intended for the use or enjoyment of residents living within the zone or development area. Common open space may contain such complementary struc- tures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents. Construction site means a lot or parcel upon which development is immediately proposed or in progress, as authorized by a current building permit. Containers means any cans, barrels, drums or tanks, except stationary tanks, which would be used for the outside storage of nonhazardous materials. Convalescent home means a building where regular nursing care is provided for more than one person, not a member of the family, who resides on the premises. Court means an unoccupied open space on the same lot with the principal building and enclosed on at least three adjacent sides by walls of the principal building. Courtesy notice means a notice of a public hearing, not required by law, mailed at the city's discretion pursuant to the provisions of this chap- ter to property owners within 500 feet of property which is the subject of the public hearing. Cour- tesy notices may be sent by regular or certified mail, as set forth herein. [erty Dedication means the deliberate appropriation land by its owner for any general and public es, reserving to himself no other rights than ch as are compatible with the full exercise and oyment of the public uses to which the prop- has been devoted. Dish antenna. See the definition of "earth sta- tion antenna." Drive -in restaurant or refreshment stand means any place or premises used for sale, dispensing or servicing of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises. Drive, private, means a private way set aside for vehicular traffic that does not exceed 200 feet in developed length and serves less than four residential, commercial or any combination of residential and commercial units. Dwelling, mobile home, means a detached res- idential dwelling unit over eight feet in width, which bears a seal from the United States depart- ment of housing and urban development, de- signed for travel over highways and streets or for house accommodations or both, manufactured on an integral chassis or undercarriage and arriving at the site where it is to be occupied, except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connection to utilities and the like. Dwelling, multiple - family, means a residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units pro - vided. Dwelling, single - family, means a detached res- idential dwelling unit other than a mobile home, designed for and occupied by one family. Dwelling, two - family, means a detached resi- dential building containing two dwelling units, designed for occupancy by not more than two families. Dwelling unit or living unit means one room or rooms connected together, constituting a separate independent housekeeping establishment for owner occupancy, for rent or lease, and physically sepa- rated from any other rooms or dwelling units which may be in the same structure and contain- ing independent cooking and sleeping facilities. Supp. No. 17 CD110:8 'i ARTICLE I. IN GENERAL Sec. 98.1. Definitions. SUBDIVISIONS § 98 -1 chapter and the approved construction plans and specifications. Certificate of ownership means an opinion of title of a licensed attorney or title company certifying to the city, based upon an examination of an ab- stract of title or the official records of the city, stating that the applicant is the owner in fee simple to the tract submitted for subdivision. The certificate shall also state the names and nature of all liens, mortgages and encumbrances against the title to the tract, if any. The following words, terms and phrases, when used in this chapter, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Alley means a minor roadway which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street. Applicant means the record owner, or his au- thorized representative, of a tract of land that is to be used as a subdivision within the scope of this chapter. .Bikeway means an area which is restricted to pedestrian and bicycle traffic. Block means a lot or group of lots entirely and immediately surrounded by streets or highways, railroad rights -of -way, watercourses, subdivision boundaries, or any combination thereof. Board means the planning and zoning board of the city. Bridge means a structure erected over a depres- sion or an obstacle, as over a river, canal or street, and carrying a roadway for passenger or vehicle traffic. Building line means the effective building line as defined by the setback provisions of the plan- ning and zoning board. Bulkhead means a retaining wall or structure designed to prevent the erosion of land by water action. Bulkhead line means an artificial line estab- lished in or along a river, watercourse or body of water designating the maximum distance or limit that land filling will be permitted. Canal means an artificial watercourse, trench or ditch in the earth for confining water to a de- fined channel. Certificate of acceptance means that certificate issued by the city engineer subsequent to final inspection that all improvements have been com- pleted in conformity with the requirements of this Comprehensive plan means a plan, which may consist of several maps, data and other descrip- tive matter, for the physical development of the city or any portion thereof, including any amend- ments, extensions or additions thereto adopted by the city council, indicating the general Iocations for major roads, parks or other public open spaces, public building sites, routes for public utilities, zoning districts or other similar information. Construction permit means the permit to begin construction of improvements according to the con- struction plans and specifications approved under this chapter. Construction plans and specifications means the engineering drawings, specifications, tests and data necessary to show construction of the pro- posed improvements in a subdivision. Cul -de -sac means a street having one open end and being permanently terminated by a vehicular turnaround. Dedication means the deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the prop- erty has been devoted. DEP means the Florida Department of Environ. mental Protection or its successor departments/ agencies. Development plan means a plan indicating the design of a subdivision in compliance with the requirements of this chapter. Development stage means a specified portion of a subdivision that may be developed as an inde- CD98:3 ZONING § 110 -107 Sec. 110 -91. Conformity to plans, specifica- tions, intended uses and appli- cations. Under this chapter, building permits or certif- icates of occupancy issued by the building depart- ment on the basis of plans, specifications, in- tended uses and applications and approved by the building official authorizing use, arrangement, construction and design shall only be as described in plans, specifications, intended uses and appli- cations. Use, arrangement, construction and de- sign at variance with those authorized by the plans, specifications, intended uses and applica- tions shall be deemed a violation of this chapter and shall authorize the building official to revoke or suspend any previously issued building per- mits or certificates of occupancy, or pursue any other remedy necessary to carry out his or her duties under this chapter and other applicable law. (Code 1981, § 645.11; Ord. No. 02 -2006, § 2, 3- 21 -06) Sec. 110 -92. Schedule of fees, charges and expenses. (a) The fees and charges, in connection with matters pertinent to zoning, including, but not limited to, zoning petitions, zoning ordinance amendments, special exceptions, variances and appeals, shall be as set forth in appendix B to this Code. When the fee has been paid and the appli- cation filed, there shall be no return or rebate of the fee, regardless of the city's determination in the matter involved. (b) In addition to the scheduled fees, when an application is filed for rezoning or for a proposed amendment to this chapter, the applicant shall deposit with the city sufficient money to defray all involved costs for advertising, publication, admin- istration and recording, as determined by the city clerk. If the process is not completed, any unexpended prepaid fees will be refunded to the applicant. (c) No permit or certificate shall be issued and no inspection, public notice or other action rela- tive to zoning petitions, zoning ordinance amend- ments, special exceptions, variances or appeals shall be instituted until after such fees, costs and Supp. No. 15 CD charges have been paid, except in those cases wherein fees are waived as specified in this sec- tion. All fees, costs and charges, upon collection, shall be deposited in the general fund of the city. (d) Fees for proposed zoning amendments or appeals of administrative decisions shall be waived, provided the petition for amendment or appeal is sponsored by a majority of the city council or the planning and zoning board. Compliance with this subsection renders the petition an official city mandate for presentation to the board of adjust- ment or the city council, as appropriate, for final decision, without fee. (Code 1981, § 645.37; Ord. No. 02 -2006, § 2, 3- 21 -06) Secs. 110 -93- 110 -105. Reserved. DIVISION 2. PERMITS Sec. 110 -106. Required. (a) No building or other structure shall be erected, moved, added to or structurally altered without a permit issued by the building official in accordance with law. (b) The issuance of a permit upon plans and specifications shall not prevent the building offi- cial from thereafter requiring the correction of errors in such plans and specifications and requir- ing the correction of building operations being carried on thereunder to conform to corrected plans and specifications, when in violation of this Code. (c) No permit shall be issued for a building or use on alot or parcel in any land use classification that does not abut on a public street or an approved private street or easement dedicated and accepted by the city providing legal access to a public' street. (Code 1981, § 645.03; Ord. No. 02 -2006, § 2, 3- 21 -06) Sec. 110 -107. Application. (a) All applications for building permits re- quired under this chapter shall be made in con- formity with this chapter and other applicable city ordinances or codes, including those ordi- 110:23 NFPA 1, UNIFORM FIRE CODE, FLORIDA 2 ,DITION 17.3.53 Roadways. Areas within 1 0 Il (3 m) on each side of portions of highways and private streets shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers, shall be pennitted to be exempt provided that they do not form a means of readily transmitting fire. 17.3.6 Unusual Circumstances. The AJU shall determine that difficult terrain, danger of erosion, or other unusual circumstances could require additional safeguards. 173.7 Fire Roads, Firebreaks, and Emergency Access, 17.17.1 The provisions of 17.3.7, NFPA 1141, Slandard for Fire FYOlee6017 in Planned Building Groups, and NFPA 1144 shall be used to determine the design, clearances, and provisions for emergency access (ingress and egress). 173.7.2 Unauthorized vehicles shalt not be driven upon fire roads or firebreaks. Vehicles shall not be parked in a manner that obstructs the entrance to a fire road or firebreak. 17.3.7..3 Radio and television aerials, guy wires, and other obstructions shall not be. installed or maintained on fire roads or firebreaks unless the vertical clearance is sufficient to allows the movement of fire and emergency apparatus. 173.7.4 Motorcycles, motor scooters, and motor vehicles shall not be operated within hazardous fire areas, except upon clearly established public or private roads. 173.8 Tampering with Fire Safety Equipment. See Section 10.8 for requ irements on tampering with fie safety equipment. 17.3.9 Alaintenance. See Section 10.4 for requirements on maintenance. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply w department ith this chapter, 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systents. Plans and specifications for fire hydrant systems shalt be submitted to the fine department for review and approval prior to constriction. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.21* Access to Structures or Areas. 19 *12.1 Access Box(es). The AHJ shall have the authority to require an access box(es) to be installed in an accessible location where access . to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developmcnts. The Al3J shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18:2.23 Access Maintenance. The owner or occupant of a stricture or area, with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.23 Fire Department Access Roads. 18.23.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall �e provided for every facility, building, or portion of a building hereafter constructed or relocated. 18.23.1.2 Fire department access roads shall consist of roadways, fire lanes, parking lots lanes, or a combination thereof. 18.2;3.13* When not more than two one- and two-family dwellings, or private garages, carports, sheds, agricultural buildings, andt, detached buildings or structures 400 ft (37 m or Its are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be x _modified by the AHJ. 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades, or other similar conditions, the All] shall be authorized to require additional fire protection features, F 18.2.3.I.5 Required fire lanes shall be provided with the inner edge of L the roadway no closer than 10 feet and no fiarther than 30 feet from the F building. Such lanes shall have a surface designed to accommodate L fire apparatus with a minimum weight of 32 tons. 18.2.3.2 Access to Building. 18.23.2.1 A fire department access road shall extend to within 50 ft F (15 m) of at least one side - hinged, swinging type egress exterior door that can be opened from the outside and that provides access to the F interior of the building. This provision does not apply to any buildings L or structures not requiring a side - hinged, swinging type egress. 18.2.3.2.1.1 Where a one- or two - family dwelling is protected with an approved automatic sprinkler system that is installed in accordance with NFPA 13D, the distance in 18.2.3.2.1 shall be permitted to be increased to 150 ft (46 m). F 18.2.3.2.1.2 Buildings having ramps or other elevated roadways shall L have posted weight limit signs. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 fl (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18,2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 R (137 m). 18.233 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.23.4 Specifications. 18.2.3.4.1 Dimensions. '18:23.4:1.11 Fire department access roads shall have an unobstructed width of not less than 20 fl (6.1 m) and an unobstructed vertical clearance of not less than I3 fl 6 in. (4.1.m). Minimum width may be _ reduced to meet special access with the approval of the fire officiat. 18.2 - 1 ,4,1.2 Fire department access roads shall have an unobstructed_ vertical clearance ofnot less than 13 fl 6 in. (4.1 m), 18.2 - 3.4.1.2.1 Vertical clearance shall be permitted to be reduced, provided such reduction does not impair access by fire apparatus, and approved signs are installed and maintained indicating the established vertical clearance when approved. 2007 Edition T ` COMBUSTIBLE WASTE AND Ri... _iE 18.2 3.4.1.2.2 Vertical clearances or widths shall be increased when vertical clearances or widths are not adequate to accormnodate lire apparatus: 18.23,4.2 Surface. Fire department access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with an all- weather driving surface. w 18.23.43 Turning Radius, 18.23.4.3.1 The turning radius of a fire department access road shall be as approved by the AHJ. 18.2.3.4.3.2 Turns in fire department access roads shall maintain the .minimum road width. I8.23.4.4- Dead Ends. Dead -end fire department of 150 ft (46 m) in length shall be prov department access roads i� exces with approved rovisions for the fire apparatus to turn around. F 18.23.4.5 Bridges. Ramps and Elevated Roadways. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with nationally recognized standards. 18.23.4.5.2 The bridge shall be designed for a live load sufficient to F cant' the imposed loads of fire apparatus with a minimum weight of L 32 tons. 18.23.4.5.3 Vehicle load limits shall be posted at both entrances to F bridges, ramps and elevated roadways where required by the AH1 18.23.4.6 Grade- 18.2.3.4,6.1 The gradient for a fire department access road shall not exceed the maximum approved. 18.23.4.6.2* The angle of approach and departure for any means of Dire department access road shall not exceed 1 ft drop in 20 f. (0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 1.8.23.4.6.3 Fire department access roads connecting to roadways shall be provided with cub cuts extending at least 2 ft (0.61 m) beyond each edge of the fire lane. 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved by the AHJ. 18.23.5 Marking of Fire Apparatus Access Road. I 18.2.3.5.1 Where required by the AHJ, approved signs or other 1 approved notices shall be provided and maintained to identify fire f department access roads or to prohibit the obstruction thereofor both. t 18.2.3.5.2 A marked fire apparatus access road shall also be known as F a fire lane. L 18.2.3.5.3 Fire lanes shall be marked with freestanding signs with the F L wording, "NO PARK IN FIRE LANE BY ORDER OF THE FIRE L F DEPARTMENT' or similar wording; Such signs shall be 12 in by 18 F L in. with a white background and red letters and shall be a maximum of L F F L seven feet in height from the roadway to the bottom part of the sign, L F The signs shall be within sight of the traffic flow and be a maximum F of 60 feet apart. L 18.2,4* Obstruction and Control of Fire Department Access F Road 18:2,4.1 General. 18;2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established F under 18.2.3.4 shall be maintained at all times. L 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 15.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure ofAccessways. 18.2:4.2.1 The A_HJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads,. trails, or other accessways not including public streets, alleys, or highways. 1 -129 18.2.4.2.2 Where required, gates and barricades shall be secured in ai approved manner. 18.2.4.2.3 Roads, trails, and other accessways that hire been closed and obstructed in the mariner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4 2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1, 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.2.4.2.6 When authorized by the AHJ, public officers acting within their scope of duty shall be permitted to obtain access through secured means identified in 18.2.42.1. 183 Water Supplies and Fire Hydrants. 18.3.1* An approved water supply capable o£ supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings are hereafter constructed or moved into the jurisdiction. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 1833* The number and type of fire hydrants and connections to other approved water supplies shall be capable of delivering the required fire flow and shall be provided at approved locations. F 18.3.3.1 No person shall place or keep any post, fence, vehicle, growth, L vegetation, trash or storage of other materials that would obstruct a fire F hydrant or fire protection appliance and hinder or prevent its irnmediate L use by fire department personnel. Such fire hydrant or fire protection F appliance shall be maintained readily visible a[ all times, 183.4 Fire hydrants and connections to other approved water supplies shall be accessible to the fire department. 183.4.1 Hydrants — Clearances of seven and one half feet (7'6 ") in front of and to the sides of the fire hydrant, with a four feet (4') clearance to•the rear of the hydrant. Exception: These dimensions may be reduced by approval of the fire opial. 183.4.2 Fire Protection Appliances — Clearances of seven and one half feet (7'6') in front ofand to the sides of the appliances. Exception: These dimensions may be reduced by approval of the fire official. 183.43 Fire Department connections shall be identified by a sign that states "No Parking Fire Department Connection" arid shall be designed in accordance with Florida Department of Transportation standards. for information signage. Exception 1: Existing signs when approved by the fire of� jicial. Exception 2. These dimensions may be reduced by approval of the fire afftcial. J83:5 Private water supply systems shall be tested and maintained in accordance with NFPA 25. 183.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way: 183.7 Compliance with Annex H of NFPA 1, Florida Fire Prevention Code, may be an acceptable means of complying with this section, Chapter 19 Combustible Waste and Refuse 19.1 General. 19.1,1 Permits. Permits, where required, shall comply with Section 1.12. 19.1.2 No person owriing or having control of any property shall allow any combustible waste material to accumulate in any area or in any manner that creates a fire hazard to life orproperty. 2007 Edition ` �� r ��}'�•' - T f ` , Yfl .(�` .r.i+ i ,. ¢ � i al�/`b3 tA:�l�l .. a' �Y ..i.'�,.'••"�v�fi"- �T.&r?':�.� - ..,. .. \: -; 'k< _Y.. .. - -- Ten and No /100 - - - - --- RECOR 0 VEHIF!£4 u• :'', ::.. OjFC "" 166 121 :Ir -,,. o . "�.•^ x.r.• c:.r;Rr,.'clRCUrr cnUHr 6RE VAno COUNT Y,F'L� I, Yrint� for L,>..m' 'nit, Gu,rnnt� F'unrl, nrinndu, F'l�rldn This insUulnent w;ls jurj);Irc(. y ': �•,,11� JA R _DRESSLER said Government? a distance of 100 ft. to the Fcint y �`'4u`�`.r' i' (STATUTORY F02M— SECTION 689.02 F.S.) 110 Dixic La no Cocoa Beach, Fla. 32931 19 76 . 1Yrltvrrn "'�fllS tll�'7TittU"P, Made fhis 24th (I;,r u( May ;tiff F1;`• ` PAUL HERBERT JAHN and LOIS K. JAHN, his wife, '' �r:utlof', :unl Brevard ~tart• of Florida rn '' JOHN P. BUTLER, JR. and SANDRA ANN BUTLER, his :vife, whose Ixlst +ffi::rloldn's; is 339 Harbor Drive, Cape Canaveral, Florida 32920 ` If III,- 0 .:ntt- ,If Brevard Sta(c of F lorida .; rx ' I II I4tnrIISrth, "rllat i(I ,r... lot, fl :,,III 6. tY n vt(1•rall.... ..I llt.. ..... .11 >.l rr , Y' - -- Ten and No /100 - - - - --- Iaht'r ct f ....,I 11.. 'r ll :Ir -,,. o . IUtvinq (Ioscrihr land. Yllnn ul{ ,n u, III'in;; II IS 1''.: v., 1'J ,.'. " "�'. I " " •.' .. .. The South 100 feet of Government Lot 1, Section 27 Township 24 South, Range 37 Last, r 7. .. together with an easement on over and across the following- described property a Lot 1, =" the purpose of ingress and egress: Cornmence at the SE corner of Government Section 26 Towns}il� 24 South, Range 37 Bast, and run North along the East line of of Beginning, thence for a first said Government? a distance of 100 ft. to the Fcint r1 course run West parallel to the South line of said Government Lot 1, a distance of maintaining an arc 20 feet to a point; thence fora 2nd course run Northeasterly, distance of 20 feet in a curvature concave to the right to a point on the East line of said Government Lot 1 20 feet North of the Point of Beginning, thence for a third ft-` ' , . run East parallel to the South line of said Government Lot 1 extended ;.. course eASterly n distance of 165.08 feet to an iron pipe; theme. for ,a ('our•th course run 20 feet to South parallel to the East line of said Government Lot 1 a distance o!' iron thence for a fifth course run West parallel to the third course an pipe, aforesaid a distance of 165. 08 feet to the Point of Beginning. a See Reverse Side- rn ld said j r ;ullur tlot•s htvrhl (ullc \\arrant the lido to s:,id I ;n,d• and will 1lrl - n(I Ihl stunt' ;w;oosl t1o 1:1\,'1111 ;0 c.uun� Z• 11f ':I persoo.N t1'I I(III tti()4' \'t'f. Q :I1,(I j!1':.Iitt'1' :111' 11\('11 lm \'ogol,o 1 11' plo-1, I` , "''to \1 I','t1,611'\ Ln y.: "��� tt 1-U lIUr�t 11 (Turn (, c�ra,tlttr Ila] h(•I'I'n ntn sl•t };r,lnu ll �; 1111,111 .Itnl , .'.II Iltt• Il.l, :,Ii,l I'll 11 „1 :II \I' \l•rlt lt•I I. �J Si}nal, staled ;l!)d dcl(vul - k- l iu our I)rescoe 1 - -. - -_ - -- HERE PT JAHN PAUL � ! LOTS K. .TA FLORIDA I'y UI' BREVARD a ( IlnffGlll' Cl`IN 11 that t oil this &tv heforc nl,% ;'o allie (Inly IIu,11iGr,l to tlkr ackl tt\vlccl nu'nt... ;xv'snnnll} ;1ppo ;ln•d PAUL HERBERT JAHN and LOIS K. JAHN, his wife iu insi'n; :Intl ;,ckun„'Io<I hcfurr N to Illy la own to he 1110 I)C•r ?(III .,&II•jCfill—I 1,1 1111(1 -ho ('11—ocd tit, Infl'411 l nun( lilt' (1 1111 - t1N' \1'1'11 (C`l1 illc Vtiillc. 21 tll (k V' 111 IVl fly \V,f:1.'�V }SS'Im'1tiLiQ lord olllclul soul In III, Cnun! }' uutl \'I,ut Iu\I u ln(I•..ai,l tills ; :c( uw1+wiou czlur L9 0 •cti �, 9, ^n • C�..���t(�IA. (qX c .',. Y�: �' E AYr, ��x• 3 3, 0 0� i 1,;v ma , ,, 9 0, 0 0 ,�I_d T . - _. Wp `9 - 22 ROCS 116'4 <1 '.. :Subject to taxes for the year 1976 and subsequent years. to casements and restrictions of record, however, nothing herein :, .contained shall be construed to reimpose any restrictions. The dasement described herein shall be perpetual and be a covenant running with the land, however, should Grantee or his assigns ever secure access to the aforedescribied.pr6perty by any other means, the casement herein granted shall terminate. The easement herein granted is non-exclusive. 0 0 0 Y yf t. 0 x Igo CL 4 ter -- ' - � '. - I � ' � - �� _ ��'�`. � � I � � ! � �: �:; m^ I �`�� � J — _- - -�� -_._ — -i �� t.; _ i �'1=i_ jl`rl�� r c,� - - i x- ___s°; y � v,;�, � ` ..,.., � . ..:l.G�.�14 Cf:tk 7 � .. 4 el s . 6£1 �j � - €°�"<^ F ez . c � �� ! � � •c OUN — uV 'tJ ' on 29 si � 1a 9 fly WM uo - C) . ID A4 54 V Lo Oj ' - .}- '- O `.' � O: e I��1 \ _ o Io E]. %C? � ...lu C 3..�� �' w F • {'�, 0 o w N a - ice - w! 1 .° _ s,�}� . CC) OF A 6 1 X40} W2 7 � T •� � " sv�cy o'� � � q Q ..i a � c � p �,. � �I ��+� + � � 1 �. ��, � I. � JL, 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802 -2873 Phone (407) 425 -9566 Fax (407) 425 -9596 August 26, 2010 Vincent P. Marino M.D., P.A. 333 W. Cocoa Beach Causeway Cocoa Beach, FL 32931 Re: Young 'Trust Subdivision Application. Dear Mr. Marino: Katherine W. Latorre Board Certified City, County & Local Government Law kla torreQodan doAq w net This office represents the City of Cape Canaveral, Florida and is in receipt of your letter to Mayor Randels dated August 2, 2010. The City Manager requested that 1 respond on the City's behalf and update you on the status of the Young Trust's pending subdivision application currently under review by the City. As you know, the Young Trust's proposed subdivision plan depicts "Easement No. 1," which currently provides the applicant access to its property. Section 98- 41(b)(5)(D), Cape Canaveral City Code, requires subdivision applications to depict existing easements on the proposed subdivision plan. The City understands that according to public records, this easement is located on real property owned in fee simple by you and Tammy Marino. Further, the City agrees that this easement area may not be dedicated by any party other than its fee simple owners. As such, the City will not submit a subdivision application to the Planning & Zoning Board or the City Council for consideration contrary to this understanding. Further, the City has asked the applicant to revise the proposed subdivision in this regard to remove the additional dedication language on the easement itself and in the surveyor's notes. However, please keep in mind that the proposed subdivision plan's depiction of Easement No. 1 is necessary and relevant to the City's review of the subdivision application under the City Code's review criteria set forth in section 9847 of the City Code. Section 98 -47 provides that the preliminary subdivision proposed for approval must provide for proper ingress and egress through public or private streets or through perpetual cross access easements. The proposed subdivision plan depicts this easement to demonstrate that there is access to the property being subdivided and the City's review of the easement will be limited in scope as to whether said access exists. The City's preliminary review of the documents provided by the applicant show that along with fee simple title to their real property, the applicant was granted perpetual, non - exclusive ingress and egress rights Ft. Lauderdale (954) 670 -1979 - Kissimmee (321) 402 -0144 - Cocoa (866) 425- -9566 Website: www.orlandolaw.aet - EmaI frnQorlandolaw.net August 26, 2010 Page 2 over that 20 -foot portion ofyour real property identified as "Easement No. 1" in order to access their real property. At this time, the City's review of the Young Trust's subdivision application is still in progress. As with any land development application, there are a series of staff comments and applicant revisions to the proposed plan that will occur. The City intends to continue to process the application consistent with the requirements of Florida law and its City Code. Please contact my office if you have any questions or concerns regarding the information contained herein. Very truly yours, Kate Latorre Cape Canaveral Assistant City Attorney Cc: David Greene, City Manager Barry Brown, Planning and Development Director Mayor Rocky Randels, c/o City Clerk