CITY COMMISSION BRIEFING For Meeting Scheduled for May 16, 2013 Letter to DEP regarding Comprehensive Plan SITE PLAN CONSENT AGENDA ITEM

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1 CITY COMMISSION BRIEFING For Meeting Scheduled for May 16, 2013 Letter to DEP regarding Comprehensive Plan SITE PLAN CONSENT AGENDA ITEM TO: FROM: THRU: RE: Mayor Dave Netterstrom and Members of the City Commission Anthony Caravella, AICP, Director of Development Services Robert J. Majka, Jr., City Manager Letter to DEP regarding 1201 South Atlantic Avenue Building Permit Application No DATE: May 7, 2013 Background/General Information In accordance with City Code Chapter (c), City staff may not inform any agency that a project is in conformance with the City Comprehensive Plan without approval of the City Commission. This code section reads: Sec Comprehensive plan, future land use element, adopted (c) No official of the City of Cocoa Beach shall formally advise any outside government agency that any project is, or is not, in compliance with the comprehensive plan until such time as the city commission has determined, by a majority vote, that such project, is or not, in compliance with the comprehensive plan. The property at 1201 South Atlantic Avenue (location identified on vicinity/location map presented as Attachment A) is presently a hotel/motel land use that is proposed to be demolished and replaced with a single family residence with accessory apartment(s). Multiple dwelling units are required to be constructed on the subject property given it is located within a RM-2 Multifamily Professional zoning district. Given the property in question is oceanfront; this new construction requires Application to the Florida Department of Environmental Protection For A Permit For Construction Seaward of the Coastal Construction Control Line. A copy of the plot plan noting the proposed improvements is presented as Attachment B. Section 8 of that application reads: Written evidence, provided by the appropriate local governmental agency having jurisdiction over the activity, that the proposed activity, as submitted to the Bureau, does not contravene local setback requirements or zoning codes, [and is consistent with the state approved Local Comprehensive Plan]. It is noted that the proposed building only identifies a single family residence with one accessory apartment, or two dwelling units. RM-2 zoning only permits multifamily dwellings, which is defined as a building designed for or occupied by three (3) or more families and two (2) additional unrelated individuals per unit. This shall be a home or residence with separate housekeeping and cooking facilities for each family. However, given the size of the proposed K:\userdata\SHARED\Building Department\ZONING\BLDGPMT\ZONEDENY\NewHouse\2013\ S Atlantic-DEP Approval (Commish ).docx

2 Memorandum to: Mayor Dave Netterstrom and Members of the City Commission Re: 2001 South Atlantic DEP approval letter Date: May 7, 2013 for Commission Meeting May 16, 2013 Page 2 building, it is considered a multifamily dwelling for zoning and comprehensive plan compliance purposes. Therefore, to validate the approval letter (Attachment C) and ensure compliance with City Code, and without a City Commission approved site development plan, the City Commission must take action on this item Key Facts/Issues Requiring Discussion Key discussion points are written in this briefing paper. Conditions identified in the draft letter to DEP (Attachment C) 2. Costs: Minimal standard Development Services Department task. 3. Savings: Not applicable. 4. Source of Funds: Not applicable standard Development Services Department task. 5. Communications: Not applicable. 6. Environmental Impact Proposed activity is in conformance with City Codes and subject to final DEP approval. 7. Department Representatives: Anthony Caravella, AICP, Director of Development Services 8. Staff Recommendation Compliant with Comprehensive Plan and authorize the letter to the Florida Department of Environmental Protection regarding construction at 1201 South Atlantic Avenue. 9. Recommended Motion/Consent Agenda Item: Finding of compliance with the Comprehensive Plan and approval of letter to the Florida Department of Environmental Protection for property located at 1201 South Atlantic Avenue. Attachments A. Zoning/Vicinity Map B. Application and Plot Plan(s) identifying proposed improvements C. Draft Letter to FDEP c: Charles Boyd Construction; Charles Boyd Construction, Inc.; 174 N. Atlantic Ave; Cocoa Beach, FL Pelican Sunshine Resort LLC; c/o Jeffrey Well, RA; 211 Caroline Street; Cape Canaveral, FL Exclusive Real Estate Development LLC; 2023 N. Atlantic Ave., #260; Cocoa Beach, FL

3 ATLANTIC OCEAN Subject Property NOTE: Not to Scale NORTH Property located at 1201 South Atlantic Avenue, Cocoa Beach, Florida Legal Description: Lots 1, 2, and 3, Block 13, Cocoa Beach Subdivision, according to the plat thereof as recorded in Plat Book 3, Page 54, Public Records of Brevard County, Florida; Parcel ID # s DD & DD ATTACHMENT A (1 of 2) Vicinity/Location Map

4 PROPERTY BOUNDARY LOCATION OF PROPOSED IMPROVEMENTS/ADDITIONS Add approximate 125 x 125 SFR with accessory apartment NOTE: Not to Scale NORTH ATTACHMENT A (2 of 2) Aerial of Property & Location of Improvements

5 APPLICATION Page 1 ATTACHMENT B (1 of 5) Application Documents

6 APPLICATION Page 2 ATTACHMENT B (2 of 5) Application Documents

7 SURVEY OF EXISTING CONDTION from Kane Surveying ( ) ATTACHMENT B (3 of 5) Application Documents

8 PLOT PLAN from BEC Bennett Engineering & Consulting (Designed ) NOTE: Not to Scale NORTH ATTACHMENT B (4 of 5) Application Documents

9 PILING & ELEVATIONPLAN from BEC Bennett Engineering & Consulting (Designed ) NOTE: Not to Scale NORTH ATTACHMENT B (5 of 5) Application Documents

10 ATTACHMENT C (1 of 3) Draft City Letter to FDEP

11 ATTACHMENT C (2 of 3) Draft City Letter to FDEP

12 ATTACHMENT C (3 of 3) Draft City Letter to FDEP