HomeMy WebLinkAboutA. Van Catterton Letter (Aerial Adv.)e
Law Office
A. VAN CATTERTON, JR., P.A.
1990W TNEWHAVEN AVENUE, SUITE 101
PORT OFFICE BOR 1598
MELBOURNE, FLORWA 32902-1598
February 24, 2016
David Dickey, Community Development Director
City of Cape Canaveral, Florida
105 Polk Avenue
Cape Canaveral, FL 32920
Re: Proposed "Rope Arial Adventure Park"
Dear Mr. Dickey:
TELEPHONE (321)722-3306
FA (321)722-0330
avc&vcpa-law.w
Vw email only
D Dickev(a)citvofcaoecanaveral.orE
I represent the Cape Shores Association, Inc., the condominium association which is
responsible for managing the Cape Shores Condominiums, a community of 200 residential units
located in Cape Canaveral.
Since I will be unable to attend this evening's meeting of the Planning & Zoning Board, I
would respectfully request that this letter be read into the record as evidencing the association's
objection to anyuse of Cape Shores Circle, for emergency vehicles or otherwise, in connection with
the proposed park. The association has additional concerns as well, and representatives will be in
attendance this evening to address those issues.
It is my understanding that access to the park by emergency vehicles is being proposed at a
point on Cape Shores Circle. The association strenuously objects to any such use of Cape Shores
Circle, which, I would point out, the City itself has confirmed to be a private right of way pursuant
to the letter to me of April 16, 2012, from Mr. Barry Brown, Planning and Development Director,
which I am attaching for the Board's reference at its meeting this evening. If the owner of the
proposed park property is obligated to provide emergency vehicle access, the owner of that property
will have to establish it at some other location besides Cape Shores Circle.
The association has every desire to conduct itself as a good neighbor, and is willing to
consider other possible arrangements which might involve fencing and/or gating of the access point
and Cape Shores Circle itself. However, at this stage, since no other such arrangements have been
proposed, the Association must object to the proposed park on the above grounds and respectfully
request that the Board withhold its approval at this evening's meeting.
Thank you. Please do not hesitate to contact me with any questions.
AVCJc
cc: Cape Shores Association, Inc.
Very truly yours,
/s/
A. Van Catterton, Jr.
City of Cape Canaveral
Community Development Department
n van t auarton, Jr., Y.H.
1990 West New Haven Avenue, Suite 104
Post Office Box 1598
Melbourne, Florida 32902-1598
Mr. Catterton:
In an effort to determine if Cape Shores Drive is public right-of-way I have found the following:
1) Resolution No. 2003-13. This Resolution names private access/driveways in the Cape
Shores Condominium project: Cape Shores Circle, Aquarius Way, Falcon Way, Intrepid Way,
Lunar Avenue, Odyssey Street, Tranquility Way, and Shuttle Way. It is my understanding that
units on the named private access/driveways were previously addressed as Cape Shores Drive.
In addition to describing the roadways as private access/driveways, Section 2 states: By naming
these access/driveways, the City of Cape Canaveral in no way accepts maintenance
responsibilities for said access/driveways.
2) Site Plan for retail building for Supra Color Enterprises, Inc. and currently addressed as 6615
North Atlantic Avenue. The site plan depicts an existing asphalt drive (Cape Shores
Drive/Circle) traversing the south side of the property; it does not depict the road as a public
right-of-way.
3) The Brevard County Property Appraiser's website does not depict a public right-of-way for
Cape Shores Drive/Circle from AIA through the Supra Color property or the Cape Shores
Condominium property.
4) City of Cape Canaveral Zoning Maps through 1999 do not show Cape Shores Drive as a
public right-of-way.
5) In 2003, the address for 117 Cape Shores Drive was changed to 260 Cape Shores Circle and
the address for 6501 North Atlantic Avenue was changed to 300 Cape Shores Circle. These
properties are located on the south side of Cape Shores Drive/Circle.
The above evidence supports a conclusion that Cape Shores Drive/Circle is a private
access/driveway and not a public right-of-way.
I
7510 N. Atlantic Avenue a Post Once Box 326 a Cape Canaveral, FL 32920-0326
Building & Code Enforcement (321) 868-1222 a Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247
vv vciryofnpmanawral.org a email: caapecanaveral@c8.re<om
David Dickey
From: Ronald FRIEDMAN <rfriedman999@1bel1south.net>
Sent; Monday, February 22, 2016 4:47 PM
To: David Dickey
Subject: P/Z meeting
I will be out of the area and will not be attending Wed.'s P/Z meeting.
I have reviewed the items on the agenda and offer the following comments:
Aerial Adventures - I would expect an operation like that proposed to have signage and lighting. Neither are shown
on the Site Plan. Lighting should be shielded to prevent glare on A!A or Cape Shores Drive.
Race Trac Final Plat - In each of the dedications for Lots 1 & 2, the date for notarization should be 2016 (assuming
final approval this year) and not 2015.
In the Certification of Approval by the City Council, the Mayor should be changed to Robert Hoog.
Kelsey s Pizzeria - The proposed parking spaces do not provide the minimum of 200 sq. R. as required in Section
110-1, Definitions. Also, the new parking areas do not comply with Section 110-567(a) in that no trees are provided
WITHIN said parking areas.
Ron Friedman
Florida has a very broad public records law. As a result, any written communication created or received by the
City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,
unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email
address released in response to a public -records request, do not send electronic email to this entity. Instead,
contact our office by phone or in writing