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Home My WebLink AboutP&Z Agenda Pkt. 2-27-2013City of Cape Canaveral NA )T!wCF11.T'rMWrA! V87PTERV1N7 201 POLK AVENUE FEBRUARY 27, 2013 7:00 P.14. ROLL CALL: NEW BUSINESS: 1. Approval of Meeting Minutes: January 23, 2013. 2. Recommendation to Board of Adjustment Re: Special Exception Request No. 13-02 to Allow for an Outside Storage of Import and Export Cargo, primarily consisting of vehicles, lumber, and shipping containers in the M-1 Zoning District at 209 George King Blvd. - Randall L. May, Authorized Agent for CEMEX Construction Materials Florida, LLC, Property Owner. 3. Recommendation to Board of Adjustment Re: Special Exception Request No. 13-03 to Allow for an Outside Storage of Import and Export Cargo, primarily consisting of heavy equipment, vehicles, lumber, and shipping containers in the M-1 Zoning District on Vacant Parcel 258.0 - Randall L. May, Authorized Agent for Maysen Properties, LLC, Property Owner. 4. Recommendation to City Council Re: Planned Development No. PID 2013-01 to Allow for a Helicopter Tour Business on Vacant Parcel 804.0 - Mark Grainger, Authorized Agent for Sheldon Cove, LLLP, Property Owner. OPEN DISCUSSION: ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Planning & Zoning Board with respect to any matter considered 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. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Community & Economic Development Department (868-1205) 48 hours in advance of the meeting. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1206 — Fax (321) 868-1247 www.cityofcapecanaveral.org MEMORANDUM Date: February 21, 2013 To: Planning and Zoning Board members From: Barry Brown, Planning and Zoning Director RE: February 27, 2013 P&Z Board Meeting 1. See January 23, 2013 Meeting Minutes for review and adoption. 2. Special Exception Request No. 2013-02: For a Special Exception to allow for Outside Storage of heavy equipment, vehicles, lumber and shipping containers, etc. at 209 George King Boulevard per Section 110-354(c)(1). 3. Special Exception Request No. 2013-03: For a Special Exception to allow for Outside Storage of heavy equipment, vehicles, lumber, and shipping containers, etc. per Section 110-354(c)(1). 4. Planned Development Zoning Request No. 2013-01: For a Planned Development Zoning to allow for a Helicopter Tour Operation per section 110-609 and to retain all uses allowed in the C-2 Commercial/Manufacturing Zoning District. This is the first use of the new Planned Development Zoning provision of the newly adopted A1A Economic Opportunity Overlay District. I have included a copy of the Planned Development Code in the packet for reference. If you have question or comment, please email B.Brown(a-D-cityofcapecanaveral.o[g or call me at 321 868-1206. Planning & Zoning Board Meeting Minutes January 23, 2013 Page 3of3 Motion by Bruce Collins, seconded by Harry Pearson that Council adopt the ordinance with the changes as discussed. The motion carried by a (6) to (1) majority vote for the motion with members voting follows: Bruce Collins, for; Donald Dunn, against; John Fredrickson, for; John Price, for; Ron Friedman, for; Lamar Russell, for; and Harry Pearson, for. 5. Election for Chairperson and Vice Chairperson. Ron Friedman nominated Lamar Russell for Chairperson. Bruce Collins seconded the nomination. There being no further nominations, the nominations were closed. Vote on the nomination to elect Lamar Russell for Chairperson carried unanimously. Bruce Collins nominated Harry Pearson for Vice Chairperson. John Price seconded the nomination. There being no further nominations, the nominations were closed. Vote on the nomination to elect Harry Pearson for Vice Chairperson carried unanimously. OPEN DISCUSSION: The Board held discussion regarding changing the meeting time to earlier than 7 p.m. Following discussion, the Board members agreed to keep the meeting time at 7 p.m., because they could not reach a consensus. There being no further business the meeting adjourned at 8:04 p.m. Approved on this day of , 2013. Lamar Russell, Chairperson Susan L. Chapman, Secretary PLANNING & ZONING BOARD MEETING MINUTES JANUARY 23, 2013 A Meeting of the Planning & Zoning Board was held on Wednesday, January 23, 2013, at the City Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to Order at 7:00 p.m. by Chairperson, Lamar Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Harry Pearson John Fredrickson Donald Dunn Ron Friedman Bruce Collins John Price OTHERS PRESENT Susan Chapman Kate Latorre Barry Brown NEW BUSINESS Chairperson Vice Chairperson Secretary Assistant City Attorney Planning & Zoning Director 1. Approval of Minutes for Planning & Zoning Board Meetings of October 24, 2012, and December 12, 2012. Motion by Harry Pearson, seconded by Donald Dunn to approve the Meeting Minutes of October 24, 2012. Vote on the motion carried unanimously. Motion by Donald Dunn, seconded by Ron Friedman to approve the Meeting Minutes of December 12, 2012. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Ordinance No. 02-2013: amending Chapter 110, Zoning, of the Code of Ordinances, to repeal the Special Exception in the C-1 and C-2 Zoning Districts for Commercial Establishments for the storage or parking of recreational vehicles, trailers and trailerable items: amending the M-1 Zoning District regulations to make outside storage a Principal Use. Barry Brown recapped the history of the proposed ordinance, including the Board's recommendation to Council. He advised that on January 15, 2013, the Ordinance received a first reading by Council, which included the recommendation that Staff supported the Planning & Zoning Board's recommendation to prohibit the storage of RVs, trailers, etc. in the C-1 and C-2 Zoning Districts. He further advised that when drafting the proposed ordinance he was concerned that P & Z and Staff had not considered the full ramifications of making outside storage a Principal Use. He explained that while Staff could anticipate the type of buffering and screening needed for storage of automobiles, RVs and trailers, etc., Outside Storage was potentially more encompassing, because it may include shipping containers, construction equipment & supplies, or other uses that could require additional buffering or screening than required by Code. Therefore, at the first reading of the proposed ordinance by Council, Staff recommended that Outside Storage remain a Special Exception. Accordingly, Council has sent the proposed ordinance back to the Board for further review and the addition of a definition for Outside Storage. Planning & Zoning Board Meeting Minutes January 23, 2013 Page 2 of 3 The Board members reviewed and discussed the revised language for considering Outside Storage as a Special Exception Use. Barry Brown read the proposed definition. Discussion followed. Barry Brown answered a question from Tom Hermanssen, hotel owner, regarding types of allowable outside storage for a hotel as a primary business, and a parcel of land used only for outside storage. Following discussion, the Board members agreed with the proposed changes presented by Staff. Motion by Ron Friedman, seconded by Bruce Collins that Council adopt Ordinance No. 02- 2013, as presented. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: Ordinance No. 03-2013: amending Chapter 110. Zoning, of the Cape Canaveral Code of Ordinances related to Commercial Parking Facilities in the A1A Economic Opportunity Overlav District. Barry Brown recapped the history of the proposed ordinance, including the Board's recommendation to Council. He advised that on January 15, 2013, the Ordinance received a first reading with the recommendation that Staff supported the Board's recommendation, but did not believe the language represented the intent of Staff or the Board, for screening and landscaping. He clarified that it was the intent of Staff for the parking facility to be enclosed by a fence or wall, but only provide the landscape buffer where visible from public view. He further clarified that the Ordinance would require a landscape buffer around the entire property perimeter, whether or not it is visible from public view. Accordingly, the Council sent the Ordinance back to the Board for further review, and the addition of a definition for Commercial Parking Facility. The Board members reviewed and discussed the revised language in the ordinance for required screening. Bary Brown read the proposed definition. Following discussion regarding the proposed definition, the Board members agreed that the words "or parking", on page 2 of 5 of the proposed ordinance, be omitted from the definition. Barry Brown answered a question from Robert Baugher, hotel owner, relating to a clarification that the new ordinance would not cause an existing hotel with an accessory use for parking to become a non- conforming use. Barry Brown replied that the Board was not addressing that section of the Code at this meeting. He clarified that the Board was not doing anything that would affect Mr. Baugher's existing operation, it was not about parking at a hotel, and it was not about parking at Mr. Baugher's Port of Call facility, it was about a stand-alone commercial parking facility. Discussion followed. Motion by Harry Pearson, seconded by Ron Friedman that Council adopt Ordinance No. 03- 2013, with one change to the wording in the definition as discussed. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Ordinance amending Chapter 110 Zoning of the Cape Canaveral Code of Ordinances related to clarifying the definition of height of building. Barry Brown recapped the history of the proposed ordinance. He advised that as directed by the Board at its December 12, 2012 meeting, Staff revised the ordinance to include a definition of "excess fill". The Board reviewed the proposed definition. Following discussion, the Board members agreed that excess fill be defined as "rill placed above the 1st/ground floor elevation." City of Cape Canaveral, Florida Planning and Zoning Board February 27, 2013 STAFF REPORT Request: For a Special Exception to allow for Outside Storage of heavy equipment, vehicles, lumber and shipping containers, etc. at 209 George King Boulevard per Section 110-354(c)(1). Applicant: Randall L. May Owner of property: CEMEX Construction Materials Florida, LLC Subject property: 209 George King Boulevard; CEMEX property (formerly Rinker property) on the south side of George King Blvd.; 3.78 acre parcel adjacent to and east of the Ambassador Services building. See map and aerial of property included in application packet. Future Land Use and Zoning designation: M-1, Industrial Surrounding zoning and uses: Zoning North Port property East M-1, Industrial South M-1, Industrial West M-1, Industrial Use Port office/warehouses; US Customs and Border Patrol Protection building Undeveloped property Undeveloped property Ambassador Services and Martin Marietta aggregate storage facility Summary The applicant is in the process of purchasing the CEMEX property (formerly the Rinker property) with intention of using it for outside storage of heavy equipment, vehicles, lumber, and shipping containers, etc. The applicant is in the freight and shipping business and one component is the temporary storage of goods awaiting distribution or reshipment. The applicant is currently storing goods on the north side of George King Blvd. on a lot owned by the Canaveral Port Authority. He intends to move this operation to the CEMEX property and an adjoining property to the east. Outside Storage is a Special Exception use in M-1 Industrial Zoning District pursuant to Section 110- 354(c)(1). Staff has identified the following issues to address: Screening and landscaping — North boundary along George King Blvd.,— The Code does not currently address landscaping for this use. There are eight cabbage palm trees planted on Port property A9erJ,,, Tom► )�12 along the outside of an existing chain link fence. In fact, a strip of land along the north boundary that is paved, fenced, and part of the CEMEX operation is actually Port Authority property. The applicant intends to reach agreement with the Port on continued use of this property as part of the outside storage operation. As such, I have contacted Port personnel regarding the provision of additional screening/landscaping beyond the existing palm trees and am awaiting their reply. East, south, and west boundaries — no landscaping is required by Code and none is needed as property to the east is currently undeveloped and is planned to be outside storage as well; property to the south is undeveloped and owned by the applicant and his partners; property to the west is currently in industrial in use - Ambassador Services and Martin Marietta Materials aggregate storage facility. Height of container stacking — Staff is recommending, and the applicant agrees, to limit the stacking of shipping containers to three high. SPECIAL EXCEPTION WORKSHEET All special exception recommendations and final decisions shall be based on the following criteria to the extent applicable: Land Use and Zoning Is the requested SE consistent with the intent of the Comprehensive Plan? Yes, M-1 Industrial land use classification allows for all M-1 Industrial Zoning District uses. Is the requested SE consistent with the intent of the zoning district in which it is sought? Yes, Outside Storage is a Special Exception use in M-1 Industrial. Will the SE meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? Yes, with the exception of building setbacks. There is an existing structure at the northwest comer that does not meet current setbacks and will be considered an existing nonconforming structure. SEE APPLICATION FOR REMAINDER OF SPECIAL EXCEPTION WORKSHEET Staff Recommendation to the Planning and Zoning Board Staff recommends approval of the requested Special Exception with the following conditions: 1) shipping containers shall not be stacked more than three high, and 2) landscaping along George King Blvd. shall be provided as agreed to with the Canaveral Port Authority. -,pecial Exception Request No. 13-02 Description of Request: (insure that the specific code sections of the zoning ordinance that allow and support your request are noted). If necessary, attach separate sheet. Please see attached worksheet. Address of requested Special Exception: 209 George King Boulevard Name of Project (if applicable): Ambassador Lease Management Legal description: Lot(s) 0 Block 00260 Subdivision 00 Section 14 Township 24 Range 37 Future Land Use and Zoning designations: f5 c 5 Owner and Applicant Information: I am the property owner. I X I am authorized agent other than a tenant: (Attach Written Power of Attorney) Owner(s) Name: CEMEX Construction Materials Florida, LLC f/k/a Rinker Materials Corporation (Contact: Mary Laidlaw) Mailing Address: 1501 Belvedere Road, West Palm Beach, FL 33406 Phone number(s): (561) 820.8443 (Mary) Email(s): marye.laidlaw@cemex.com Authorized Agent Information (if applicable): Name of Authorized Agent: Randall L. May Mailing Address:c/o Ambassador Lease Management, Inc., P.O. Box 654, Cape Canaveral, FL 32920 Phone number(s): (321) 5418689 Email(S): RMay@AS[terminals.biz Uzia 1 J431 4:a pil bbuQ iota! 250.00 L-d5h Amount $0.00 PD — Special Exception Application - 101411 Channe @. 00 CK 94k'101; FIRiount $Pjo. 00 10111-MIMI Los G '16 - 61) �, State of Florid , County of T� Sworn to and subscribed before me on this > day of '04) 2011 by. 040 is personally EIMAMM PD - Special Exception Application - 101411 Page 4 SUZAME G, KNWRY N(:)YAWV PUDUC STATE OF FLORIDA ComffO EEIG302 EOnas 7/212316 PD - Special Exception Application - 101411 Page 4 Description of the Nature of the Special Exception and Worksheet Ambassador Leasing Management (hereinafter "Ambassador") proposes to move its current shipping operation located on the north side of George King Boulevard to property just south of George King Boulevard. Ambassador plans to clean up the approximately four (4) acre parcel labeled "Rinker Materials" (hereinafter "Cemex property)' on the enclosed survey. Thereafter, Ambassador desires to use the property as outside storage of import and export cargo. Cargo will primarily consist of vehicles, lumber, and containers. Ambassador also plans to clean up and clear off the approximately six (6) acre parcel labeled "Maysen Properties" on the enclosed survey,2 which adjoins the Cemex property. Ambassador expects the operation to largely be contained to the Cemex property, but will utilize the Maysen property in the future as necessary. Impact to surrounding properties 1. Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. The property is located in a an industrial area on the border of Cape Canaveral and Port Canaveral, such that the proposed use is compatible and harmonious with uses in the surrounding properties. 2. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? Due to the industrial nature of the surrounding properties, Ambassador's proposed use is expected to be in conformity with the adjacent land uses. 3. Will the traffic generated, volume and type, adversely impact land use activities in the immediate vicinity? George King Boulevard will provide access to the property, such that all traffic will enter and exit the property through the Port side. Because the proposed use will be in conformity with the industrial nature of the adjacent land uses, the resulting traffic from the proposed use will not adversely impact land use in the immediate vicinity. 4. Will the proposed special exception create any adverse impacts to other properties in the surrounding area? Address the creation of noise, light, vibration, odor, traffic, storm water runoff, or other offsite impacts? The proposed use will not create excessive noise, light, vibration, odor, traffic, or storm water runoff impacts. ' Cemex Construction Materials Florida, LLC is successor by conversion to Rinker Materials of Florida, Inc. and successor by merger to Rinker Materials Corporation for the subject property. 2 The "tail" of the Maysen parcel, located in the northwest corner of the property, will not be utilized for storage, nor will it be utilized for access. 5. Will there be adequate screening, buffers, landscaping, and open space, etc. to mitigate any adverse impacts of the SE? Yes. However, in the event unexpected adverse impacts arise, they will be mitigated by the allocation of sufficient open space around the storage and fencing as needed. 6. Will the size and shape of the site, the proposed access, internal circulation, and design enhancements be adequate to accommodate the proposed scale and intensity of the SE requested? The size and shape of the combined sites are more than adequate to accommodate the proposed scale and intensity of the proposed use. Ambassador intends to leave sufficient open space between the storage and property boundary, and will not be utilizing the "tail" of the property located in the northwest corner of the Maysen parcel. The proposed access is in conformity with other neighboring industrial uses, as access will be provided from George King Boulevard rather than North Atlantic Avenue. 7. Are signs and exterior lighting designed and located so as to promote traffic safety and to minimize any undue glare or incompatibility with adjoining properties? Signs and exterior lighting will be installed in the manner best suited to promote traffic safety and to eliminate any undue glare or incompatibility with adjacent properties. 8. What are the hours of operation and how will they impact surrounding properties? Due to the nature of the shipping industry, hours of operation will be linked to Port Canaveral vessel arrivals and departures; however, the vast majority of traffic will flow to and from the property between 8:00 a.m. and 5:00 p.m., Monday through Friday. Traffic and Parkins 9. Is there adequate off-street parking? Provision has been made for adequate off-street parking in the planning of the storage area. Sufficient open space between the storage and property boundary will be utilized for parking, and parking will be situated near the entrance to the property from George King Boulevard. 10. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? Adequate ingress and egress exists both on George King Boulevard and North Atlantic Avenue. However, Ambassador plans only to offer ingress and egress from George King Boulevard, thereby reducing unnecessary traffic to the City of Cape Canaveral. This, in 2 turn, will increase safety and convenience to vehicles and pedestrians alike in Cape Canaveral. 11. What type and how much traffic will the SE generate? Because the proposed use is for an existing operation currently housed just north of George King Boulevard, traffic is not expected to increase beyond the current level. 12. Are there adequate loading and unloading areas? Provision has been made for sufficient loading and unloading areas on the property. Said zones will be located far enough from the anticipated entrance on George King Boulevard so as to not congest the entrance. Public Services 13. Are there adequate utilities available including location and capacity? While Ambassador believes that adequate utilities already exist on the property for its intended use due to the prior use of the property, sufficient provision for any necessary additional uses will be made. 14. Will the proposed Special Exception create any unusual demand for police, fire, or emergency services? Because Ambassador's proposed use simply requests to move an already -existing operation across George King Boulevard, the proposed use will not create any unusual demand for police, fire, or emergency services. 15. Will the proposed Special Exception have an adverse impact on public services, including water, sewer, surface water management, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? Due to the established industrial area in which the subject property lies, the proposed use will not have an adverse impact on public services in the region, and will be in keeping with the uses of the surrounding properties. 16. Is there adequate refuse facility for the use and is the dumpster properly located and screened? Ambassador plans to install an adequate refuse facility on the property, which will be properly located and screened. 3 Miscellaneous Impacts 17. Will the proposed SE have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation, wildlife, open space, noxious and desirable vegetation, and flood hazards? Ambassador's proposed use will be in conformity with the industrial nature of the surrounding property, and therefore no adverse impacts on the natural environment are anticipated. 18. Will the proposed SE have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources? Ambassador's proposed use will be in conformity with the industrial nature of the surrounding property, and therefore no adverse impacts on historic, scenic, and cultural resources are anticipated. 19. Will the proposed SE have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? Ambassador's proposed use will not have an adverse impact on the local economy. In fact, Ambassador anticipates that its proposed use will have an overall positive impact on the local economy, as relocation of the current operation will allow the company to grow. 20. Will the proposed special exception have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? Because Ambassador's proposed use will be in conformity with the industrial nature of the surrounding property, the proposed use is not expected to have an adverse impact on housing and social conditions. a 851006 v1 4 November 08, 2012 Mr. Randall May Ambassador Lease Management, Inc. PO Box 654 Cape Canaveral, FL 32920 Dear Mr. May, Cemex Construction Materials Florida, LLC ("Cemex") and Randall May of Ambassador Leasing Management, Inc. may file an application with the City of Cape Canaveral, FL to obtain a Special Use Permit ("Permit") for outside storage on the property commonly known as Parcel ID #: 24-37-14-00-00260 also known as tax account #: 2429172 ("Property"). Randall May will pay for all costs, expenses and attorneys' fees to obtain Permit. Cemex agrees to cooperate with Randall May and the City of Cape Canaveral during the permitting process, provided that no expense will be borne by Cemex. Notwithstanding any provisions contained herein, in the event Randall May elects to file an Application with any governmental authority having proper jurisdiction, Randall May shall provide the Application and supporting documents to Cemex for approval prior to the filing of the Application with the governmental authority having proper jurisdiction for the permitting of the Property. Cemex shall have seven (7) business days from receipt of the Application and supporting documents to either, at its sole and absolute discretion, approve, reject or modify the Application. In the event Randall May attempts to amend, revise or otherwise change the Application ("Proposed Revised Agreement"), Randall May shall be required to submit the Proposed Revised Agreement to Cemex for approval. Cemex shall have seven (7) business days from receipt of the Proposed Revised Agreement and supporting documents to either, at its sole and absolute discretion, approve, reject or modify the Proposed Revised Agreement. Randall May and Cemex acknowledge that the approval of the Application or the Proposed Revised Agreement, as the case may be, by the governmental authority, is not a condition to Closing. [remainder of page intentionally left blank] [signatures on following page] IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year indicated below. Signed, sealed and delivered in the presence of: As to Seller: Witness Print Name: Executed by Seller on (z� 1, 20 CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC By: Printname: Executed by Buyer on NoV JS: , 20 11— As to Buyer: � I Amabssador Leasing Management, Inc. By: Print Name: Title: Dana Blickley Brovard County ProportY Appraisor - Map Search h"q-//vjuiw 1(1 1)/1A/I(11 2 Action: Parcel Info Distance 0 View Decrease, Zoom Bar lAetial"ie w,Range lhcrease Map 0 Aerial Change N 9" Locate 04 1 ft", Parcel ID D Zoom to PC Brevard County Printable Versioi Map i Previ Check below the Parcels Schools RoadNames Water Update httDs://www.brevardnronertvannra.i-,er.com/qcrint.g/e,-,rimsn.(J]I?N.gmt-,=Rri-.v.qrti 1,9.-CMtj=7n ?/?n/?()l I RADIUS P RINKER MATERIALS CORP mayr500 HERRING ... ...... _._ _... POMPANO ST I [/z _.— ❑ FREDDIE PATRICK DR A ----- Z 9 8 �uwrrnwdgmuri�nmrnmrnn mi remmi iwrsi�r 23, _ 7777=11- -. - .. W 11 15 �" � 15 A 13 18 t 21 EBERWEI RD .__.�.. l 1f2 5 7 SHOREWOOD DR 22 010,TIN ROOF AV 00, � �"'��a iae�;�rutti w,maum�aimmuarvs�'�sa 10 i tl i ARK LN ANCHORAGEAV O s ORIIJ R11 MAP SCALE IS: 1:6,000 OR 1 inch equals 500 feet Legend BUFFER DISTANCE: 500 feet Notification buffer This map was compiled from recorded documents and does not reflect Parcel/lot boundaries W ti an actual survey. The Brevard County Board of Commissioners does r not assume responsibility for errors or omissions contained hereon. � Notified Properties 01141pP Produced by: Brevard County Planning & Zoning Office - GIS 3/30/2012 Subject Properties Brevard County Property Appra--er-- Online Real Estate Property Card Page 1 of 2 P411Online C Homestead Prg A ` : /�� Filing r t, , r � CLICK HERE MW General Parcel Information for 24-37-14-00-00260.0-0000.00 2011 Trim Notice 2012 Trim Notice * Site address information is assigned by the Brevard County Address Assignment Office for E9-1-1 purposes; this information may not reflect community location of property. Tax information is available at the Brevard County Tax Collector's web site (Select the back button to return to the Property Appraiser's web site) Owner Information Owner Name: 24-37-14- Second Name: C/O ATTN: TAX DEPARTMENT Mailing Address: 11501 BELVEDERE ROAD Use W PALM BCH, FL 33406 Parcel Id: 00-00260.0 Map2 Map2-1-Sales Map/Ortho Aerial Cllege Code: ' 2660 Exemption: Code: 4710 * Site Tax 2429172 Address: Acct: * Site address information is assigned by the Brevard County Address Assignment Office for E9-1-1 purposes; this information may not reflect community location of property. Tax information is available at the Brevard County Tax Collector's web site (Select the back button to return to the Property Appraiser's web site) Owner Information Owner Name: RINKER MATERIALS CORP Second Name: C/O ATTN: TAX DEPARTMENT Mailing Address: 11501 BELVEDERE ROAD City, State, Zipcode: W PALM BCH, FL 33406 Abbreviated Description Sub W 285 FT OF S 600 FT OF N 1159 FT OF Name: NW 1/4 AS DES IN ORB 1171 PG 733 & 11505 PG 1012 EXC ORB 3080 PG 4117 Land Information Acres: 3.83 Site Code: 1 * This is the value established for ad valorem purposes in accordance with s.193.011(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. ** Exemptions as reflected on the Value Summary table are applicable for the year shown and may or may not be applicable if an owner change has occurred. hos://www.brevardpropertyappraiser.com/asp/Show_pareel.asp?acct=2429172&gen=T&t... 1/16/2013 Brevard County Property Appr—ser-- Online Real Estate Property Card Page 2 of 2 *** The additional exemption does not apply when calculating taxable value for school districts pursuant to amendment 1. Sales Information Official Records Sale Sale Deed *** Sales *** Sales Physical Roof Mater. Floors Code Date Amount Type Screening Screening Change Vacant/Improved Book/Page 01 03 01 Code Source Code 14 1171/0733 4/1/1971 $20,900 11 03 O1 *** Sales Screening Codes and Sources are from analysis by the Property Appraiser's staff. They have no bearing on the prior or potential marketability of the property. Building Information Building Photos Drawings PDC # Use Code Year Built Story Height Frame Code Exterior Interior Code Code Roof Type Roof Mater. Floors Code Ceiling Code 14800 RV 1965 16 02 05 02 09 01 03 01 24800 Porch 1965 14 01 07 01 13 11 03 O1 Building Area Information PDC Base Garage Open Car Screened Utility Enclosed OUTBUILDING 180 Bonus RV RV Toi # Area Area Porches Port Porches Rooms Porch Basements Attics Rooms Carport Garage Ar 11200 0 0 0 0 0 0 0 0 0 0 0 12 2149801 01 01 01 01 01 01 01 01 01 01 0149 Extra Feature Information Extra Feature Description Units PAVING 44000 LIGHT POLES 2 FENCE 1750 OUTBUILDING 180 Proposed Taxes 2012 Taxing Authorities I Taxes Billed Ad Valorem County $2,213.44 School $3,109.92 City and/or MSTU $1,564.92 Water Management $127.26 SP District $13.25 Debt Payment $60.58 Total Ad Valorem $7,089.37 Rollback Taxes 2012 Taxing Authorities I Taxes Billed Ad Valorem County $2,250.62 School $3,173.34 City and/or MSTU $1,566.80 Water Management $132.03 SP District $13.10 Debt Payment $60.58 Total Ad Valorem $7,196.47 Data Last Updated: Wednesday, January 16,2013- Printed On: Wednesday, January 16, 2013. I New Search I I Help I https://www.brevardpropertyappraiser.com/asp/Show_parcel.asp?acct=2429172&gen=T&t... 1/16/2013 MAP OF BOUNDARY SURVEY PREPARED FOR AND CERTIFIED TO: AMBASSADOR LEASE MANAGEMENT, LLC -------------- 15 14 POINT -O' -COMMENCEMENT N.W. CORNER SEC. 14-2A/37D.N.R. CERTIFIED COKER NO. 0018708-_.._.._.._.._-.._.._.._.._.._.._.._.._.._.._.._.._..-..-.._.-- ._.. _.._ RIGHT -DF -WAY LINE &60K&6 J. r I N& b0UL4VAR0 9100 FOOT PUBLIC RIGHT-OF-WAY) �� S90. 00'00"W 18EARING BA.t l _. W[ ._._._._._._._._._._._._._._._- - ._. _- ._._._._._.-._._ C.P,A 5 ERE -SETT SIA. 234.75.00 RGE. 1875.00 RILHT-OF-WAY LINE RIGHT-OF-WAY LINE a o �b fr � N N0 # a I,I PONT-OF-COMMENCEMENT 6.5' ENCROACHMENT S� nm 7.4' ENCROACHAENTY i4t THE CANAVERAL PORT AUTHGRITY AE- INK FENCE CONCRETE 5. 0' ENCRDACNMENI I 589.22'4T'W 274.73 (MEASURED) SET •4 REF S89.42'DO"W 275.DO (DEED) IPLS 511'. l CONCRETE WE1 NEE "I EPAI. 1200900313 E. COMMUNITY NO. 125091, AUGUST 01. 1999. 2. FENCE OWNERSHIP UNKNOWN. 3. ENCROACHMENTS ARE AS NOTED. 4.SUBJECT TO ANY EASEMENTS AND/DR RIGHTS-OF-WAY OF RECORD. 5.THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE SEARCH. 6. SURVEYDOES NOT WARRANT TITLE. 7. UNDERGROUND FOUNDATIONS AND/OR UTILITIES NOT LOCATED AT TIME OF SURVEY. 6. THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF THE CLIENT (S) SHOWN HEREON: COPIES ARE VALID ONLY WHEN SIGNED. DATED AND EMBOSSED WITH THE SET CER'S SEAL. 9. BEARINGS REFER TO THE CANAVERAL HARBOR GRID SYSTEM WITH THE CENTERLINE RIGHT-OF-WAY OF GEORGE KING BOULEVAED BEARING 990.00'00"W. SITE LEGEND 0 F.- -1- CONCKIF WINW£Nl I" ! 0 o FOUND REBAR/FOUND NAIL A DISC Z W SET •4 REBM STDRN DRAIN MANHOLE I CY. M lK SMKD I A PARCEL Of LAND LYING W SECTION ,t, TOWNSHIP 24 SOUTH, RANGE 37 EAST, { ++ HARSu U 10RING WELL ADE I ll4� 0 40 471 L N IYRT ) CONCRETE I )NCB • 0 PWBT 1200900313 E. COMMUNITY NO. 125091, AUGUST 01. 1999. 2. FENCE OWNERSHIP UNKNOWN. 3. ENCROACHMENTS ARE AS NOTED. 4.SUBJECT TO ANY EASEMENTS AND/DR RIGHTS-OF-WAY OF RECORD. 5.THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE SEARCH. 6. SURVEYDOES NOT WARRANT TITLE. 7. UNDERGROUND FOUNDATIONS AND/OR UTILITIES NOT LOCATED AT TIME OF SURVEY. 6. THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF THE CLIENT (S) SHOWN HEREON: COPIES ARE VALID ONLY WHEN SIGNED. DATED AND EMBOSSED WITH THE SET CER'S SEAL. 9. BEARINGS REFER TO THE CANAVERAL HARBOR GRID SYSTEM WITH THE CENTERLINE RIGHT-OF-WAY OF GEORGE KING BOULEVAED BEARING 990.00'00"W. SITE LEGEND 0 F.- -1- CONCKIF WINW£Nl M LIGHT POLE ■ SET -4' CONCRETE MORINENT 4 . o FOUND REBAR/FOUND NAIL A DISC LEGAL DESCRWTION (OFFICIAL RECORDS BOOK 1171, PAGE 7331: W SET •4 REBM STDRN DRAIN MANHOLE -4 TRANSFORMER CONCRETE M lK SMKD I A PARCEL Of LAND LYING W SECTION ,t, TOWNSHIP 24 SOUTH, RANGE 37 EAST, Q COHMUNI GATT ON MANHOLE ++ HARSu WW GATE VAVLE 10RING WELL ADE .�. GUY WIRE BREVARO COUNTY,FLORAA AND BEING MORE PM71CLJLARLY DESCRIBED AS FOLLOWS Qd CONCRETE - ALL ,3W AA COMMENCE AT TRE SOUTHEAST CORNER OF SAID SECTION 14, ARUN S 0.1700" E. 'P IgWCN ME I ALONG THE WEST LINE OF SAID SECTION M, A DISTANCE Of 559.00 FEET TO A POINT ON THE SOUTH LINE OF CANAVERAL PORT AUTHORITY PROPERTY, SATO PONT BENG 1 THE POINT -OF -BEGINNING OF TRS DESCRIPTION. THENCE CONTINUE 5 0.17.00" E, xI'IYiK SPED I ALONG Sao WEST ENE OF SECTION 14, A DISTANCE OF 600.00 FEET: THENCE RUN N N 89.42'00" E. 275.00 FEET: THENCE RUN N 0.17.00" W. 600.00 FEET TO AFOREMENTIONED SOUTH EWE Of CANAVERAL PORT AUTHORITY PROPERTY) THENCE RUN 589.42'00' W, KONG SATO SOUTH LINE. A DISTANCE OF 275.00 FEET TO THE x5'x K'XD + I PONT-OF-BE GINNING OF TRS OESCRB'TIOKCONTAWWG 3.79 ACRES.MORE OR LESS. -4 ( ET UFA' POLE II ` � d i A I a R y o 6� 0 I k i of m 0 n N 3.78, ACRES M �I I 4 E I I op d la l� I I IW � I d I' I I I R I { I SANITARY SEVERFOUND BAR SEVLS '$ HEBAR I PLS 3807) HANDLE FOUm •5 REBAR PAEVIDUSLY N89'42'00"E 275.00 (DEED) 171 5111171 LAND SET ,PLS 2787, NBg'11'4T'E 274,]3 tMEASlRCO) fo.orc SURVEYING. INC. 30 NORTH TROPICAL TRAIL SUITE B R ISLAND, LANDS PER OFFICIAL RECORDS BOON 6350.PACE 1005 FL FLORIDDA 32053 SURVEYOR'S NOTES: (321) 459-0930 1. 'L DOD ZONE "X" PER FLOOD INSURANCE RATE MAP L.B. NO. 0575 1200900313 E. COMMUNITY NO. 125091, AUGUST 01. 1999. 2. FENCE OWNERSHIP UNKNOWN. 3. ENCROACHMENTS ARE AS NOTED. 4.SUBJECT TO ANY EASEMENTS AND/DR RIGHTS-OF-WAY OF RECORD. 5.THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE SEARCH. 6. SURVEYDOES NOT WARRANT TITLE. 7. UNDERGROUND FOUNDATIONS AND/OR UTILITIES NOT LOCATED AT TIME OF SURVEY. 6. THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF THE CLIENT (S) SHOWN HEREON: COPIES ARE VALID ONLY WHEN SIGNED. DATED AND EMBOSSED WITH THE SET CER'S SEAL. 9. BEARINGS REFER TO THE CANAVERAL HARBOR GRID SYSTEM WITH THE CENTERLINE RIGHT-OF-WAY OF GEORGE KING BOULEVAED BEARING 990.00'00"W. SITE LEGEND 0 F.- -1- CONCKIF WINW£Nl M LIGHT POLE ■ SET -4' CONCRETE MORINENT a POWER POLE o FOUND REBAR/FOUND NAIL A DISC 10 RAND HOLE W SET •4 REBM STDRN DRAIN MANHOLE -4 TRANSFORMER 0 CATCH BASIN ^- DIRECTION OF FLOW (j) SANITARY SCAR MANHOLE NAVIGATION A10 Q COHMUNI GATT ON MANHOLE ++ HARSu WW GATE VAVLE 10RING WELL ,M ELECTRIC MANHOLE .�. GUY WIRE C, FR RE HYDRANT SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE SURVEY DEPICTED HEREON IS TRIS AND MEETS THE MINIMUM TECHNICAL STANDARDS SETFORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS 6 MAPPERS IN CHAPTER SJ -17, FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, FLORIDA STATUTES, DAVID J. KUGELMANN P.L.S. NO. 5117 STATE OF FLORIDA NOT VALID UNLESS SIGNED, DATED AND STARFED WITH EMBOSSED SEAL �� i/iR.i'+gvTf.i•K.74ivhi Yf":. �i�:f:»L+'.'+V n.• }g'�.'•� ;'t J--• N waualtsY arta i 1 11614 INDIVIDUAL to f.011001AMON IL F e IP Kr•� .'.i ,•�t'...i.r N'l��•�Y.,. .�.'}'.i►,♦1":i!i�%'i iy'J'•w', rww•M: t•y..f;r f•�y,.w,r.�«.,�,,,.,_,..« llhii?i Pitt 733 •i DAMS IOIM 1. 1. 34 04asleNsted.ad to plr bt Tb H. a W, a, &ew comp"I :NIIM61110, II.�t4a IMS UJIMM19 PEed /+lade 1110 14th day a1 April Ix 19 71 by 7�-H T1 RYM. EBERWEIN, a widow ora w 1 l�' i�►r'D . hereinafter a n11w, to 44. PUMP. MAutulS CORP. a rorporallu" eaisfiflll snider the heN's of dee Sfato of Florida , ff'tfli fis poraiarterel posiojfice address al Pe 0, Box 231, West Palm Beach, Florida •.. heralortfler calb•d the grantee: rA.I:- 1101ho ter Pita hwin Iter Iran. "Stant:~'• sod •'rranN." l.rkl.il all AV ps111.a to AMN i..urse srt the bei... Pita iawnenlaliMa sad auians of iodnidssla, and e1►..rr sur/rot" and ap;6i-.t r nMI.eisnit . ituessefli: 'nof ilea prarrfor, jar and ire calls 04-ruffall of file Blom of $ 10.00 ft"j .11", Inluuble ranslderalinns• receipt atherr'of is hereby hvrt4ly grants. bargains, sells, alsena, re. mises. releases. trsnreys and confirats unin the Ifronfee. toll Trial errfaftt fans! slfuafo In Brevard County, Florida. tai:: A parcel of land lying in Section 14, Township 24 South, ' Range 37 East, Brevard County, Florida and being more o particularly described as follows: Commence at the Northwest corner of said Section 14, and cc fit run S 0017100" E, along the West line of said Section 14, .P1 a distance of 559.00 Feet to a point on Lisa South lira o£ NO, Canaveral Port Authority property, said point being the lite Point-�of-Beginning of this description; thence continue Mf. S 0017100" Ea along said West line of Section 149 a distance of 600.0 fMet; thence run N 890421001' E, 275.0 feet; thence run N 0017'00" W, 500.0 feet to ITI N aforementioned South line of Canaveral Fort Authority ro arty, thence rxyh�n S 8g°42'0011 W a1 n said Sou h II1I1r p1in I a $istance of 275.Q fast to the �orat of Beginyting this description, containing 3.79 acres, more r ess. fj T091< fit tanto all lire tenements, lrereelilamr•nts and ntlpnrheriance. Arretn belonging or In any - guise appertaining. 16 Ravr and to 3401d, ill, sante 111 fee simple, forever. ., 1111d the pronfar hereby corenants with sold grantee 161 file grnntar Is lowfulty seised of said land In fen simple. flint the grantor has flood righl anti lan,ftd atfihority to sill and convey said land; 111611 the grantor 1wrol►y juily trtatranis the 111le to said land and talill 410101111 tete same against trio laurfilt Claims of all nenons uthomsaeror: and that said land is free of all er oulisegnres• except lases acernino subsequent in Deeenliter 31.19 70. THIS INSTROMCfT WAS MPARED ,t " ,,,, �,-�""•�` DOCUMENTARY � tuct�,ztlrat TO tfle Vc;t,Tlra� '•`: FL4�IU�. SUR fi�Y of TITLE I:;SaRa•&E P.^•ali;r ._ C C moi: Tel.. APA21'TI p 5• J _ BYt__ PATRICIACOLLETT ..._ tit. 1�52t U&I.iA TIRE J1 Gt'AeRm-gr 1.Vkrl.:if a7 6111 t -" n iittn�ss ihFr�of, el Tho said grantor tons hereltnio AllT ►.i E5JIEETI and seal Il►o day and year first above alriffen. Signa plod and delivered in our presences � t q!!E:FA'6.s THRYN M. E"ala STATS OF FLORIDA. COtYIN or Brevard 1 ASR DY CRILT1FY that on titin dry, before me, au officer duly authotixd in the State afoteraid and in the County aforesaid to tate ael mawledameats, pertonalir appeased Kat torn M. Eberwein, a widow to ate known to be the person described in and who executed the (weplas Instrument and 6110 acknowledged before Tae that Sbe es ectited the unto : •'1 ; IN, . us gay hatJd and oltieisi teal in the county and Bute ahornaid this 14th day of I► Pu #e ,111 a! l args AtltltflS aspires 1,�t.ai8.19t� by 7rarltlamelfr� iDsrattra Car tt - City of Cape Canaveral, Florida Planning and Zoning Board February 27, 2013 STAFF REPORT Request: For a Special Exception to allow for Outside Storage of heavy equipment, vehicles, lumber, and shipping containers, etc. per Section 110-354(c)(1). Applicant: Randall L. May Owner of property: Maysen Properties, LLC Subject property: Maysen property; 6.78 acre undeveloped parcel adjacent to and east of the CEMEX/Rinker facility on the south side of George King Blvd. See map and aerial included with application packet. Future Land Use and Zoning designation: M-1, Industrial Surrounding zoning and uses: Zoning- North oningNorth Port property East R-2, Residential South M-1, Industrial West M-1, Industrial Use Vacant bank and US Customs and Border Protection building Mobile Home Park and Single Family Residence Undeveloped Cemex property Summary The applicant is requesting a Special Exception for the Outside Storage of heavy equipment, vehicles, lumber, and shipping containers, etc. The applicant is in the freight and shipping business and one component is the temporary storage of goods awaiting distribution or reshipment. The applicant is currently storing goods on the north side of George King Blvd. on a lot owned by the Canaveral Port Authority. He intends to move this operation to the Maysen property and to the CEMEX property (adjacent to and west of the Maysen property). Outside Storage is a Special Exception use in M-1 Industrial Zoning District pursuant to Section 110-354(c)(1). Staff has identified the following issues to address: Screening and landscaping — North boundary along George King Blvd. — A wooded parcel of land owned by the Port Authority provides a natural buffer between the Maysen property and George King Blvd. No additional landscaping or screening is needed. 1 AqerdeL —Dern* 3 East — a trailer park and one single family residence are east of the subject property. Staff recommends leaving a natural vegetative buffer along the eastern boundary to screen the outside storage from residential uses. South — property to the south is undeveloped and owned by the applicant and his partners; no buffer is needed. West - property to the west is planned to be outside storage as well; no buffer is needed. Height of container stacking — Staff is recommending, and the applicant agrees, to limit the stacking of shipping containers to three high. Land clearing — A tree removal permit will need to be obtained prior to clearing the property. Access- all vehicular access shall be from George King Boulevard; there will be no access from North Atlantic Avenue. SPECIAL EXCEPTION WORKSHEET All special exception recommendations and final decisions shall be based on the following criteria to the extent applicable: Land Use and Zoning- Is oningIs the requested SE consistent with the intent of the Comprehensive Plan? Yes, M-1 Industrial land use classification allows for all M-1 Industrial Zoning District uses. Is the requested SE consistent with the intent of the zoning district in which it is sought? Yes, outside storage is a Special Exception use in M-1 Industrial. Will the SE meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? Yes. Impact to surrounding properties Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. Yes, properties to the north, south, and west are zoned Industrial and either in industrial uses or undeveloped. Properties to the east are zoned R-2, Residential and in residential uses. Proper buffer will screen the storage operation from residential uses. SEE APPLICATION FOR REMAINDER OF SPECIAL EXCEPTION WORKSHEET Staff Recommendation to the Planning and Zoning Board Staff recommends approval of the requested Special Exception with the following conditions: 1) no access shall be provided from North Atlantic Avenue, 2) a natural vegetative buffer shall be provided along the east property line, and 3) clarification that this is not a Commercial Parking Facility and parking for cruise ship patrons will not be allowed. 3 ecial Exception Request No. 13-03 Irf.formation Sheet Description of Request: (insure that the specific code sections of the zoning ordinance that allow and support your request are noted). If necessary, attach separate sheet. Please see attached worksheet. Address of requested Special Exception: Name of Project (if applicable): Ambassador Lease Management Legal description: Lot(s) 0 Block 00258 Subdivision 00 Section 14 Township 24 Range 37 Future Land Use and Zoning designations: I am the property owner. I am a tenant. (Attach notarized letter of authorization). x I am authorized agent other than a tenant: (Attach Written Power of Attorney) Owner(s) Name: Maysen Properties, LLC (Contact: Linda May) Mailing Address: P.O. Box 462, Cape Canaveral, Florida 32920 Phone number(s): (321) 453.3233 Email(s): Authorized Agent Information (if applicable): Name of Authorized Agent: Randall L. May Mailing Address: c/o Ambassador Lease Management, Inc., P.O. Box 654, Cape Canaveral, FL 32920 Phone number(s): (321) 543.8689 Ernail(S): RMay@ASiterminals.biz 02/12/2013 4:33 Ph 00019433 Total 250.00 Amount $0.00 PD - Special Exception Application - 101411 ChanDEI 0.00 CK #44x05 Amount $250.00 I � - 0 '5 • I hereby attest that all information, sketches and data contained and made part of this request are honest and true to the,b,6§f"j my knowledge and belief. Signature of Applicant: State of Flon a Count A Sworn to and -subscribed before me on this IL�day of 664,0ej I ---/In 2011 by i A3-Ao is personally MOROMM Signature of Notary: Notary Seal: SU7WHE G. KHOURY VWJTARY PUBUB STAME OF FLORDA ComnO EEIBM12 Exa-Akias 7121/2016 PD - Special Exception Application - 101411 Page 4 Description of the Nature of the Special Exception and Worksheet Ambassador Leasing Management (hereinafter "Ambassador") proposes to move its current shipping operation located on the north side of George King Boulevard to property just south of George King Boulevard. Ambassador plans to clean up the approximately four (4) acre parcel labeled "Rinker Materials" (hereinafter "Cemex property)' on the enclosed survey. Thereafter, Ambassador desires to use the property as outside storage of import and export cargo. Cargo will primarily consist of vehicles, lumber, and containers. Ambassador also plans to clean up and clear off the approximately six (6) acre parcel labeled "Maysen Properties" on the enclosed survey,2 which adjoins the Cemex property. Ambassador expects the operation to largely be contained to the Cemex property, but will utilize the Maysen property in the future as necessary. Impact to surrounding properties 1. Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. The property is located in a an industrial area on the border of Cape Canaveral and Port Canaveral, such that the proposed use is compatible and harmonious with uses in the surrounding properties. 2. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? Due to the industrial nature of the surrounding properties, Ambassador's proposed use is expected to be in conformity with the adjacent land uses. 3. Will the traffic generated, volume and type, adversely impact land use activities in the immediate vicinity? George King Boulevard will provide access to the property, such that all traffic will enter and exit the property through the Port side. Because the proposed use will be in conformity with the industrial nature of the adjacent land uses, the resulting traffic from the proposed use will not adversely impact land use in the immediate vicinity. 4. Will the proposed special exception create any adverse impacts to other properties in the surrounding area? Address the creation of noise, light, vibration, odor, traffic, storm water runoff, or other offsite impacts? The proposed use will not create excessive noise, light, vibration, odor, traffic, or storm water runoff impacts. ' Cemex Construction Materials Florida, LLC is successor by conversion to Rinker Materials of Florida, Inc. and successor by merger to Rinker Materials Corporation for the subject property. 2 The "tail" of the Maysen parcel, located in the northwest corner of the property, will not be utilized for storage, nor will it be utilized for access. 5. Will there be adequate screening, buffers, landscaping, and open space, etc. to mitigate any adverse impacts of the SE? Yes. However, in the event unexpected adverse impacts arise, they will be mitigated by the allocation of sufficient open space around the storage and fencing as needed. 6. Will the size and shape of the site, the proposed access, internal circulation, and design enhancements be adequate to accommodate the proposed scale and intensity of the SE requested? The size and shape of the combined sites are more than adequate to accommodate the proposed scale and intensity of the proposed use. Ambassador intends to leave sufficient open space between the storage and property boundary, and will not be utilizing the "tail" of the property located in the northwest corner of the Maysen parcel. The proposed access is in conformity with other neighboring industrial uses, as access will be provided from George King Boulevard rather than North Atlantic Avenue. 7. Are signs and exterior lighting designed and located so as to promote traffic safety and to minimize any undue glare or incompatibility with adjoining properties? Signs and exterior lighting will be installed in the manner best suited to promote traffic safety and to eliminate any undue glare or incompatibility with adjacent properties. 8. What are the hours of operation and how will they impact surrounding properties? Due to the nature of the shipping industry, hours of operation will be linked to Port Canaveral vessel arrivals and departures; however, the vast majority of traffic will flow to and from the property between 8:00 a.m. and 5:00 p.m., Monday through Friday. Traffic and Parking 9. Is there adequate off-street parking? Provision has been made for adequate off-street parking in the planning of the storage area. Sufficient open space between the storage and property boundary will be utilized for parking, and.parking will be situated near the entrance to the property from George King Boulevard. 10. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? Adequate ingress and egress exists both on George King Boulevard and North Atlantic Avenue. However, Ambassador plans only to offer ingress and egress from George King Boulevard, thereby reducing unnecessary traffic to the City of Cape Canaveral. This, in 4 turn, will increase safety and convenience to vehicles and pedestrians alike in Cape Canaveral. 11. What type and how much traffic will the SE generate? Because the proposed use is for an existing operation currently housed just north of George King Boulevard, traffic is not expected to increase beyond the current level. 12. Are there adequate loading and unloading areas? Provision has been made for sufficient loading and unloading areas on the property. Said zones will be located far enough from the anticipated entrance on George King Boulevard so as to not congest the entrance. Public Services 13. Are there adequate utilities available including location and capacity? While Ambassador believes that adequate utilities already exist on the property for its intended use due to the prior use of the property, sufficient provision for any necessary additional uses will be made. 14. Will the proposed Special Exception create any unusual demand for police, fire, or emergency services? Because Ambassador's proposed use simply requests to move an already -existing operation across George King Boulevard, the proposed use will not create any unusual demand for police, fire, or emergency services. 15. Will the proposed Special Exception have an adverse impact on public services, including water, sewer, surface water management, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? Due to the established industrial area in which the subject property lies, the proposed use will not have an adverse impact on public services in the region, and will be in keeping with the uses of the surrounding properties. 16. Is there adequate refuse facility for the use and is the dumpster properly located and screened? Ambassador plans to install an adequate refuse facility on the property, which will be properly located and screened. 3 Miscellaneous Impacts 17. Will the proposed SE have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation, wildlife, open space, noxious and desirable vegetation, and flood hazards? Ambassador's proposed use will be in conformity with the industrial nature of the surrounding property, and therefore no adverse impacts on the natural environment are anticipated. 18. Will the proposed SE have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources? Ambassador's proposed use will be in conformity with the industrial nature of the surrounding property, and therefore no adverse impacts on historic, scenic, and cultural resources are anticipated. 19. Will the proposed SE have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? Ambassador's proposed use will not have an adverse impact on the local economy. In fact, Ambassador anticipates that its proposed use will have an overall positive impact on the local economy, as relocation of the current operation will allow the company to grow. 20. Will the proposed special exception have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? Because Ambassador's proposed use will be in conformity with the industrial nature of the surrounding property, the proposed use is not expected to have an adverse impact on housing and social conditions. 4 851006 A 4 LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS THAT the undersigned, Maysen Properties, LLC ("Principal"), whose address is P.O. Box 462, Cape Canaveral, Florida 32920, by these presents does hereby appoint Randall L. May, an adult, whose address is c/o Ambassador Lease Management, Inc., P.O. Box 654, Cape Canaveral, Florida 32920 as the undersigned's attorney-in-fact and hereby grant to the attorney-in-fact the following limited power: 1. To file an application for a special exception with the City of Cape Canaveral on the undersigned's behalf and to take such actions as the attorney-in- fact shall deem necessary and appropriate in connection with such application. 2. To do and perform any and all acts necessary or incident to the performance and execution of the powers granted and the powers to do and perform the acts authorized hereby as fully to all intents and purposes as the undersigned could if personally present; and the undersigned hereby ratifies and confirms all that the said attorney-in-fact shall lawfully do or cause to be done by virtue hereof. 3. To sign any document relating to this limited power of attorney on the undersigned's behalf by signing as attorney-in-fact for the undersigned. Said signature shall have the same effect as if the undersigned personally had signed the document. The undersigned specifically authorizes the attorney -in- fact also to sign for or in the presence of the Notary Public as an authorized signature. It is the express intention, determination, and act that the power of attorney granted herein shall continue in full force and effect during the pendency of the special exemption application process and shall not be in any way terminated, altered, or diminished during the pendency of the special exemption application process, except in writing. [Signature Page Follows] IN WITNESS WHEREOF, I have executed this Limited Power of Attorney on the 16 'day of 7,5,tutAm-�—' 2013. MAYSEN .. "OP TIES, LLC Print name:411,/jDA M-A%� As: MM&- fJAR:rllj'�-�' SEALED AND DELIVERED ;INT RES, tE OF: Print Na�e:L� Address: o-ze;- V� C cz"4�� 14- Phone: a,2,1 5-_q22 01-16-7 STATE OF FLORIDA )SS. COUNTY OF BREVARD ) T!foregoing Limited Power of Attorney was acknowledged before me this day of. -7Yj4,VjAnAA , 2013, by I woe L -, as of Mysen Properties, LLC, who is peTnANI �known to me or who has produced kA) CXOAJ as identification. 4 3UZPWr4qr- 13, M"W"AN'lly NOTARY MOM STAI FL UA� Cc vp E E 10 W 12 "b'E, q- 11 � S iruM,1 r2G1 6 X201312\1 -9 454190 v I Dana Blickley Brovard County PropartY Appraiser - Map Search littn-,-//vaurw hrP-,7qrdnrnni:-rhTQnnrn;cPr (-nrn/ci-r;nfch-vr;mAn W) 7 /1 A /I (I 1 12 Action: Parcel Info Distance 0 W Decrease Zoom Bat I AejialView Range Increase L � I 1 4 View Map a Aerial Change Locate Parcel ID 1 La Zoom to Brevard County Printable Versioi Map Previ Check below the Parcels Schools RoadNarnes Water Update -LI I, a -e T? level must be I ( click to select tf parcel. httns://www.brevardnronert.vannrai,;er.com/.-,crint.g/e-,,rim,qn-(il]?Nnme,='Rri-.v.qrti I kCMd=7n ?17()I?nll; LOCATION MAP MAYSEN PROPERTIES LLC may5OO 401 CENTRAL BLVD E MAP SCALE IS: 1:24,000 OR I inch equals 2,000 feet Qyp�VApd BUFFER DISTANCE: 500 feet 2 This map was compiled from recorded documents and does not reflect an actual survey, The Brevard County Board of Commissioners does , not assume responsibility for errors or omissions contained hereon. V ��OR%pP Produced by: Brevard County Planning & Zoning Office - GIs 3/30/2012 Legend Notification buffer Roads J Subject Properties Zaq z z MAP SCALE IS: 1:24,000 OR I inch equals 2,000 feet Qyp�VApd BUFFER DISTANCE: 500 feet 2 This map was compiled from recorded documents and does not reflect an actual survey, The Brevard County Board of Commissioners does , not assume responsibility for errors or omissions contained hereon. V ��OR%pP Produced by: Brevard County Planning & Zoning Office - GIs 3/30/2012 Legend Notification buffer Roads J Subject Properties Brevard County Property Appr,--;-cer-- Online Real Estate Property Card — Page 1 of 2 ° Online °e Homestead P rt A41740r, Filing CLICK HERE QTY APi'�P General Parcel information for 24-37-14-00-00258.0-0000.00 2011 Trim Notice 2012 Trim Notice * Site address information is assigned by the Brevard County Address Assignment Office for E9-1-1 purposes; this information may not reflect community location of property. Tax information is available at the Brevard County Tax Collector's web site (Select the back button to return to the Property Appraiser's web site) Owner Information Abbreviated Description Sub PART OF NW 1/4 OF NW 1/4 AS DESC Name: IN ORB 3085 PG 2343 Land Information Acres: 6.78 Site Code: 341. Land Value: $458,040 * This is the value established for ad valorem purposes in accordance with s.193.011(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. ** Exemptions as reflected on the Value Summary table are applicable for the year shown and may or may not be applicable if an owner change has occurred. *** The additional exemption does not apply when calculating taxable value for school districts pursuant to amendment https://www.brevardpropertyappraiser.com/asp/Show_parcel.asp?acct=2429171 &gen=T&t... 1/16/2013 24-37-14- Use 4000 Parcel Id: 00-00258.0 Map2 Map2+Sales Map/Ortho Aerial Codege 126GOlExemption: Code• -0000.00 * Site Tax 2429171 Address: 1 lAcct: * Site address information is assigned by the Brevard County Address Assignment Office for E9-1-1 purposes; this information may not reflect community location of property. Tax information is available at the Brevard County Tax Collector's web site (Select the back button to return to the Property Appraiser's web site) Owner Information Abbreviated Description Sub PART OF NW 1/4 OF NW 1/4 AS DESC Name: IN ORB 3085 PG 2343 Land Information Acres: 6.78 Site Code: 341. Land Value: $458,040 * This is the value established for ad valorem purposes in accordance with s.193.011(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. ** Exemptions as reflected on the Value Summary table are applicable for the year shown and may or may not be applicable if an owner change has occurred. *** The additional exemption does not apply when calculating taxable value for school districts pursuant to amendment https://www.brevardpropertyappraiser.com/asp/Show_parcel.asp?acct=2429171 &gen=T&t... 1/16/2013 Brevard County Property Apprp4er-- Online Real Estate Property Card — Page 2 of 2 Sales Information Official Records Taxes Billed Sale Deed *** Sales *** Sales Physical $3,708.29 City and/or MSTU Sale Date Amount TeScreening yp SP District Screening Change Vacant/Improved Book/Page $8,453.39 Code Source Code 4716/2889 10/10/20021$960,000 WD V 3085/2343 9/1/1990 $100 Q 3048/2262 3/30/1990 $397,000 WD 2228/2236 4/1/1980 $53,500 1147/0947 10/1/1970 $100 *** Sales Screening Codes and Sources are from analysis by the Property Appraiser's staff. They have no bearing on the prior or potential marketability of the property. Proposed Taxes 2012 Taxing Authorities I Taxes Billed Ad Valorem County $2,639.31 School $3,708.29 City and/or MSTU $1,866.01 Water Management $151.75 SP District $15.80 Debt Payment $72.23 Total Ad Valorem $8,453.39 Rollback Taxes 2012 Taxing Authorities I Taxes Billed Ad Valorem County $2,683.65 School $3,783.92 City and/or MSTU $1,868.24 Water Management $157.43 SP District $15.62 Debt Payment $72.23 Total Ad Valorem $8,581.09 Data Last Updated: Wednesday, January 16,2013- Printed On: Wednesday, January 16, 2013. I New Search I I Help Forms 19[ 43 Aei xities Tax Fads https://www.brevardpropertyappraiser.com/asp/Show_parcel.asp?acct=2429171 &gen=T&t... 1/16/2013 PREPARED BY AND RETURN TO: BRENT G. WOLMER, ESQUIRE Cohen Norrie Scherer et al 712 U.S. Highway One North Palm Beach FL 33408 File Number: 80030.013 Property Appraisers Parcel I.D 46-43-45-34-05-001-0550 CFN:2002267266 10-22-2002 121M pm ,OR Book/Page: 4716 / 2889 Scott Ellis Clerk Of Courts, Brevard County #13gs:2 #Names:2 No: Trust: 1.50 Ree: 9.00 Serv:0.00 �- 6,720.00 =xclse:0.00 .Mtg• 0.00 Int Tax: 0.00 THIS SPECIAL WARRANTY DEED made and executed the %0 day of October, 2002, by ROCKET SCIENTIST ASSOCIATES, a Florida general partnership, a partnership existing under the laws of the State of Florida, and having its principal place of business at 3111 Fortune Way, Ste. B-18, Wellington, FL 33414, hereinafter called the Grantor, to MAYSEN PROPERTIES, L.L.C., a Florida limited liability company, whose post office address is: P.O. Box 462, Cape Canaveral, FL 32920, hereinafter called the Grantee: (wherever used herein the term -Grantor- and -Grantee- shall include singular and plural, all the parties to this instrument, the heirs, legal representatives, and &.sign. of individuals, and the successars and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, that the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate in Brevard County, State of Florida, viz: SEE EXHIBIT "A" ATTACHED AND MADE A PART HEREOF, all in its "AS -IS, WHERE -IS" condition in all respects with no representations or warranties except as provided hereinbelow. SUBJECT TO applicable zoning laws, regulations and ordinances. SUBJECT TO all restrictions, reservations, easements, agreements, matters, declarations, covenants and conditions of record affecting the Property. SUBJECT TO taxes and assessments for the year 2002 and subsequent years which are not yet due and payable. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise 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 it has good, right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name by its proper officers thereunto duly aut rized, the day and year first above written. Signed, sealed and delivered ROCKET S ENTIST ASSOCIATES, a Florida in the pr nce of gen/eral artnersh' BY l tness name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this LPlay of KB October, 2002, by STEVEN SHAPIRO, as Managing Partner of ROCT SCIENTIST ASSOCIATES, a Florida general partnership, on behalf of the partnership. He is personally known to me (or has produced a driver�icm'nees identification) and did/did not taken an oath. r" """•• Cindy Down Smith Public 1 S"Commission Expires: &: r- My COMMISSION # CCS9d319 EXPIRES r December 26, 2003 ee iee F;\WPDOCS\ZRENE\80011\058\SPECWARR.DED.apd 3f+c..er,A•cr!!4a•$ii.i'i...'!•'e6i♦s`se!'!'1%'fi;nit:4t;-�j•.+R,%°a: "s.".;�*: ;q,!.eSI.W?t ,' .fi: 4+:11P\h .69+rtiY.'n'•.&. 11-0 A PARCEL OF LAND BEING IN THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE RUN SOUTH 0017100" EAST ALONG THE WEST LINE OF SAID SECTION 14 A DISTANCE OF 559.00 FEET, THENCE DEPARTING SAID WEST LINE RUN NORTH 89°27'42" EAST A DISTANCE OF 285.0 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTH 89°27'42" EAST A DISTANCE _ OF 426.82 FEET; THENCE RUN SOUTH 7042'40" WEST A DISTANCE OF 525.00 FEET; THENCE RUN NORTH 89°27'42" EAST A DISTANCE OF 750.00 FEET TO A POINT, SAID POINT LYING ON THE WESTERLY RIGHT OF WAY UNE OF OLD STATE ROAD NO. 401; THENCE RUN SOUTH 7°42'40" WEST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 81.04 FEET; THENCE DEPARTING SAID WESTERLY RIGHT OF WAY UNE RUN SOUTH 89°27042" WEST A DISTANCE OF 1092.53 FEET; THENCE RUN NORTH 0017'00" WEST A DISTANCE OF 599.78 FEET TO THE POINT OF BEGINNING. AND A PARCEL OF LAND BEING IN THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE RUN S00041'53" E ALONG THE WEST UNE OF SAID SECTION 14, A DISTANCE OF 559.00 FEET; THENCE DEPARTING SAID WEST LINE RUN S 89°36'42" E A DISTANCE OF 285.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED LAND; THENCE RUN S 00°41'53" E PARALLEL TO THE AFOREMENTIONED WEST UNE FOR 599.78 FEET; THENCE RUN N 89036'42" W FOR 14.05 FEET; THENCE RUN N 00038'36" E FOR 599.68 FEET TO THE POINT OF BEGINNING. CFN2002267266 2890 0 Bocklpa9e: 4716 I Y Q V .y{ N Nb n O 9 Z Cd3 is FiO Y p � 2 e o J a = e 4, a O Z • •1.. 1.'E'•3 'vis IWf 891 o° Z ^� OUNd'11V N1�pN - ; c 3•Ill ltp.�_ 103b1 p.lo • •—•— s — 6p F, � � F IHS/b x7/3169, `03�r91I7 8G9 "dP•�.t— t al 1 �_ C � W O p; p i lr as . q Z wg :.� o% �by�4 � 1 •d�� .ro Z ri a �al; te• 8 tl o i F ag�+��i sit hi.$:$dbs g = • b .�8 f s ems. � a� Q$ybg glaw ae$dsa ; � z sbg da e>$ge3$-:s=s33b $ 3W €'=saspq:e g.Q "r sbam`f=ai3 ow $isaax$$B'jYbo : Wggi f"fk $9te I `�Y�re -i3 . bb3 lfg-f§ 33J- #4 a13. $bbeg.l$ ikm- l$d$sJai g$ , tiv 11� 1 1 -n m 1 1 I1 ' 3L�i•, 1 :a 1 b e 971rypr ba,f —. ager: �i =fit roil x339,so •cz.roes — --� og9E'@mVwBs 21 s 1 1 1 l H'�C��Y e � ' II$ ab h' 1 IIS$ 4,�— i Iste i Q S QI lit i R +,3133x3 s93=u78 INEW ' W IT.rr 3.9.DEEM ' I I� s8'.1'S]'E 39478 1 • d Q! f 103805131, IC 1081 3-0Bs1.85 sl•11'7s•E 11E651MIE01 I loam. 69 M, 348.81 A8 W as-WE SSS. Ss 17E.gbRE OI W'39.39•E 3949• 1OEE01 1 Ila I� SWa z j g - wY w o E( IS O7P1 C1 NL sECOOW 800E 1171. PAN 733 big a M • Qi®000e9u a I Srlras•E ss9.881DEEM I 1'11'3s•E ss9. E8 II[.HWE81 I 0 I � s I J ` I E j! h. PREPARED BY AND RETURN TO: BRENT G. WOLMER, ESQUIRE Cohen Norris Scherer et al 712 U.S. Highway One North Palm Beach FL 33408 File Number: 80030.013 Property Appraisers Parcel I.D. Not 46-43-45-14-05-001-0550 M, CFN:2002267266 10-22-2002 12:04 pm OR Book/Page: 4716 / 2889 Scott Ellis Clerk Of Courts, Brevard County #Pgs: 2 #Names: 2 Trust: 1.50 Rec: 9.00 Serv: 0.00 6,720.00 lixcise: 0.00 ,Mtg: 0.00 Int Tax: 0-00. THIS SPECIAL WARRANTY DEED made and executed the NO day of October, 2002, by ROCKET SCIENTIST ASSOCIATES, a Florida general partnership, a partnership existing under the laws of the State of Florida, and having its principal place of business at 3111 Fortune Way, Ste. B-18, Wellington, FL 33414, hereinafter called the Grantor, to MAYSEN PROPERTIES, L.L.C., a Florida limited liability company, whose post office address is; P.O. Box 462, Cape Canaveral, FL 32920, hereinafter called the Grantee: (Wherever used herein the terms "Grantor' and 'Grantee" shall include singular and plural, all the parries to this instrument, the heirs, legal representatives, and assigns of individuals, and the successoza and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, that the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate in Brevard County, State of Florida, viz: SEE EXHIBIT "All ATTACHED AND MADE A PART HEREOF, all in its "AS -IS, WHERE -IS" condition in all respects with no representations or warranties except as provided hereinbelow. SUBJECT TO applicable zoning laws, regulations and ordinances. SUBJECT TO all restrictions, reservations, easements, agreements, matters, declarations, covenants and conditions of record affecting the Property. SUBJECT TO taxes and assessments for the year 2002 and subsequent years which are not yet due and payable. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise 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 it has good, right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name by its proper officers thereunto duly a rized, the day and year first above written. U7 Signed, sealed and delivered in t e pre Printed name STATE OF FLORIDA COUNTY OF PALM BEACH ROCKET SENTIST ASSOCIATES, a Florida general iartnersh4 LAIA Partner The foregoing instrument was acknowledged before me this O_._ayof October, 2002, by STEVEN SHAPIRO, as Managing Partner of ROCKET SCIENTIST ASSOCIATES, a Florida general partnership, on behalf of the partnership. He is personally known to me (or has produced a driver's *cense as identification) and did/did not taken an oath. Cindy Down Smith ItLn�Public MY COMMISSION 0 CC896319 EXPIRES Commission Expires: December 26, 2003 BONDED 1HRU TROY FAJNINSMWCL 1NC F:\WPDOCS\IRENS\80011\058\SPECWARR.DED.wpd A PARCEL OF LAND BEING IN THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE RUN SOUTH 00" EAST ALONG THE WEST LINE OF SAID SECTION DISTANCE OF SS9.00 FEET, THENCEDEPARTING• RUN NORTH... EAST A DISTANCE OF 285.0 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL LAND; CONTINUE NORTHDISTANCE OF 426.82 FEET; THENCE RUN SOUTH 7042'40" WEST A DISTANCE OF 525.00 FEET; THENCE RUN NORTH 89027'42" EAST A DISTANCE OF 750.00 FEET TO A POINT, SAID POINT LYING ON - RIGHT OF WAY LINE OF • s STATE ROAD NO. 0 SOUTHTHENCE RUN 1 ALONG . ! WESTERLY RIGHT OF , DISTANCE OF 8`1.04 FEET; THENCE DEPARTING SAID WESTERLY RIGHT OF WAY LINE RUN SOUTH 89*27'42" WEST A DISTANCE OF 1092.53 FEET; THENCE RUN NORTH 0*17'00" WEST A DISTANCE OF 599.78 FEET TO THE POINT OF BEGINNING. m autt•4tatt; CEEo RAMCO FORM 8 fisturn to: {enclose seli•addressed stamped envelope} airs MARTIN ENGELS, ESQ. Wallace, Engels, Pertnoy, et al. Aaateu: 2100 Centrust Financial Center 100 S.E. 2nd Street Miami, Florida 33131 This Instrument Prepared by: MARTIN ENGELS, ESQ. Aeaus►: Wallace, Engels, Pertnoy, et al. 2100 Centrust Financial Center 100 S.E. 2nd Street Miami, Florida 33131 s , i. w tl1 CD "t1 SPACE ASWE THIS UNE IDA Pft=SIN0 DATA L SPACE WYE THIS UNE FOR AEOOMNO DATA v . . 'tis Q' liit•Cla'M CH, 1:xeritted tilts �<l day of September A. D.:9g0 by RON PERTNOY, a/k/a RCaNNIE PERTNOY, individually and as trustee first (warty, to ROCKET SCIENTIST ASSOCIATES, a Florida General Partnership whose posfolfice arldrrss is 3111 Fortune Way $B-123, West Palm Beach, Florida 33411 wrowl party: (wh,,wr wd hrr,ln thv Ivrmt "lint parry" and r't•rnnd party" thatl larlude rinrular am! Tilted, hero, trxat »preen WA %, Still .- tat of Indi+ill .uh, sal the air r,u,n and at{rm of rnrpnratinnt, .lim,t e•,, tire ,esti ro Sdmitt •e t4qu4m) (litncsseth, Thai the said first porly, far and Lt eo,lsiderollort of file xnnt of 5 10.00 fit haul paid by flit- said second party, lite receipt prllereof ix Ilerehy ncGnowledued, does iterelry remise., re• lease and quitclaim unto the said second party forever, all lite. right, filler Ittieresf, claim and demand which fits! said first party fins In and to lilt- followlttif described lot, piece or parcel of land, situate, lying and being in flit, County of Brevard Stale, of Florida to -toil: t C.O ;71.! *J GC7 ri c� t-.7 .t1� SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF GRANTOR WARRANTS THAT NEITHER THE SUBJECT PRCPEF,TY MR ANY CONTIGUOUS PROPERTY WAS EVER UTILIZED BY HIM AS HIS HOMESTEAD, GRANTOR WAS, AT ALL TIt•1ES, HOLDING THE PROPERTY AS TRUSTEE FOR GRANTEE, $O THERE IS NO CONSIDERATION FOR THIS CONVEYANCE. 'i To Have and to Hold the same tofleliter whit nil and singular the cippurtrnances thcrounfd' helonrlintl or In anywise npperf(irtinp, and nil lfie estatr, riftlit, fill+, interest, lien, equily and claim what): { soerer of the said first party, eilluer lit lora or equlty, to flit- only proper use, benefit and behoof of lite said Second party forever, In Witness whereof, rite sold fiat party /tits slflrtt-rd and sealed these presents file clay atilt year f frst olmt'e written, Signed, sealed atilt delivered in prexencr of I ....,.. � STt 1 E C1 F' 1 R1. �l' c0l'N.ry oF V Palm Beach RON PERTNOY, a/k/a RONNI ERTNOY, .,.,....•.., individually and as tr...•,tee....................... T .I,Iriligt4 offi. rt- dute whotirrd in the State aforraaid an,l in the Can nn ; :� iSlal Ln Q:. `».4t,»4 RON PERTNOY, a/k/a RONNIE PERTNOY, indiv�,&].lAn to me kn�+.n to fir :he pertart dctrribcd in and who rfliatc`ry bete,, me that he executed the carne. , �,✓,' WIISESS my hand end official ,it is tf,e Cnunt, .:•i'• :,rte �v. September A. D. 19 Q(%+I}TARY Ptt3ttc 57ATE OF aDRtDI . IAMtdD 1141! CENEAAt tk5 t+N' �� i�fR'Tfl'1' that on thit day, Iwfore met, an TA:iy?•�urkn.,wirrlgtnCnta, fir:tnn; ik• appeared a�,•�utatee irpfitcra and he acknowledRed day of /i 1 I WYUT n TrV " h " parcel , of land being in the Northwest Quarter of Section 14, Township 24 South, Range 37 East, Brevard County, Florida, more particularly described as follows: commence at the Northwest cot-ner of said Section 14; thence run South 0 deqress 17 m1nutes 00 seconds East along the West line of said Section 14 a distance of 559.00 feet, thence departing said West line run North 89 degrees 27 minutes 42 seconds East a distance of 285.0 feet to the Point of Beginning of the following described parcel of land: thence continue North. 89 degrees ,27 -minutes 42 seconds East a distance of 426.82 feet; thence run South 7 degrees 42 minutes 40 seconds West a -distance of 525.00 feet; thence run North 89 degrees 27 minutes nutes 42 seconds Best a distance of 750.00 feet to a point, sa. 'd point lying on the Westerly right of way line of old state mcad No, 401, thence run South 7 degrees 42 minutes 40 seconds West along said Westerly right of way line a distance of 81.04 feet; thence departing said Westerly right of way line run South 89 dlectees 27 Minutes 42 seconds West a distance of 1092.53 feet; thence run North 0 degrees 17 minutes 00 seconds West a distance csf 599.78 feet to the Point of Beginning, FAMP C� co parcel of land being in the NW 1/4 of Section 14, Township 24* South, Ringo 37 East, Bravard County, $Iorida more ?ard_'cularly described as followal Commence -IS,-,,the Northwest cornor Of said Section 141 thence run 5 00 41'-53" E along Yost line of said Section 14, a divtknoa of 559.00 feed :hence departing said West line run S 69-36'-4211 E a diatance Of 285.00 feet to the POINT OF BEGINNING of the following .coacri'bod lands thence run S 00-41'-53" E parallel to the :'or ementioned West line for $99.78 feed thence run N 69- 36'-42" 'W for 14,05 feed thence run N 00-381-3611 E for 599.68 feet to the POINT OF BEGINNING, Said. parcel of land contains 4212 square foot more or leas, in IUNSUITABLE.FOR MICROFILM U I OAU��ETURN TO: Sandra H. Whiles, C.L.C. Lawyers Title Insurance Corp. 150 South Court Avenue Orlando, Florida 32801 I- 4 PIGS, NAMILS ORLC'I) rAYMENI AS W011FUM® S 11451rATED f Oft C1 ASS AEC FEE S 00-,�," 11`1114UHIE & FIX 6,-)! 1411 Nxis Ilef"I MING "-FWAI I y f. I"VERLS"! WT Sf R, CHG. S Clelf, C,,rcu,: Court REFUND S - Brevard Ca, Flanda Property Control No. 24-37-14-00-258 Social Security No. of Grantee: Erb THIS WARRANTY DEED made and executed the day of February A.D. 1990 by RINKER MATERIALS CORPORATION, a corporation existing under the laws of the State of Florida, and having its principal place of business at Post Office Box 24635, West Palm Beach, FL 33416-4635 hereinafter called the grantor, to RON PERTNOY, Trustee, whose address is 3111 Fortune Way, Suite B --1.B, West Palm Beach, FL 33414 hereinafter called the grantee: r. (Wherever used herein the terms "grantor" and "grantee" include aLI the parties to this instrument and the heirs, tegat representatives and assigns of individuats, and the successors and assigns of corporations) WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee, all that certain land situate in Brevard County, Florida, viz: SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF. THE GRANTEE HEREIN ACKNOWLEDGES THAT THE PROPERTY ADJACENT TO THE WEST OF THE SUBJECT PROPERTY IS UTILIZED FOR CONCRETE AND OTHER INDUSTRIAL USES AND THAT THE GRANTEE'S USE SHALL BE COMPATIBLE THEREWITH. THIS IS A COVENANT THAT SHALL RUN WITH THE LAND. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it 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, 1989. IN WITNESS WHEREOF the grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. ATTES'T: 26� RINKER MATERIALS CORPORATION Secretary Signed, sealed and delivered in nce of: t= By: OFF, RIE C. `V 13 n fie` P � , , 1. 1 (CORPO*- T-E--'St*kb),J '0 s - PAGE ly f", 2262 W 1Z CI STATE OF FLORIDA COUNTY OF PALM BEACH I hereby certify that on this day, before me, an officer duly authorized in the State and County aforesaid to _taXe acknowledgments, personally appeared bAj'tb V. C-LaAL— -� W;lha; J7 well known to me to be the - - President and -5earze-r/q/& respectively of the corporation named as grantor in the for6going deed, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and aforesaid this Q6 day of February, A.D. 1990 . f , , Nplay PuNic, Si,)te of rictih MY C--m-mi;,ior Eqirp- lao, 7, 1,o,j r. A -A 'J I h04 1'. OFF, REC. PAGE 3048 2263 SCHEDULE "A" A parcel of land being in the Northwest Quarter of Section 14, Township 24 South, Range 37 East, Brevard County, Florida, more particularly described as follows: Commence at the Northwest corner of said Section 14; thence run South 0 degrees 17 minutes 00 seconds East along the West line of said Section 14 a distance of 559.00 feet, thence departing said West line run North 89 degrees 27 minutes 42 seconds East a distance of 285.0 feet to the Point of Beginning of the following described parcel of land: thence continue North 89 degrees 27 minutes 42 seconds East a distance of 426.82 feet; thence run South 7 degrees 42 minutes 40 seconds West a distance of 525.00 feet; thence run North 89 degrees 27 minutes 42 seconds East a distance of 750.00 feet to a point, said point lying on the Westerly right of way line of Old State Road No. 401; thence run South 7 degrees 42 minutes 40 seconds West along said Westerly right of way line a distance of 81.04 feet; thence departing said Westerly right of way line run South 89 degrees 27 minutes 42 seconds West a distance of 1092.53 feet; thence run North 0 degrees 17 minutes 00 seconds West a distance of 599.78 feet to the Point of Beginning. Grantor reserves the right to a perpetual 30 foot easement along the South property line of subject property for ingress and egress from the property adjacent to the West of the subject property to State Road No. 401. OFF, REC. PAGE 3048 2264 4X21"Im. HU10 Prepared by: Planning Design Group 930 Woodcock Road, Suite 224 Orlando, FL 32803 (407) 896-0455 ARTICLE XI. - PLANNED DEVELOPMENTS DIVISION 1. - GENERALLY DIVISION 2. - PLANNED DEVELOPMENT PLANS DIVISION 1. - GENERALLY Sec. 110-720. - Definitions. Sec. 110-72 1. - Purpose and intent. Sec. 110-722.- Permitted uses. Sec. 110-723. - Common open space, drainage systems, and other related common facilities. Sec. 110-724. - Physical review. Sec. 110-725. - Building permit. Sec. 110-726. - Revocation. Sec. 110-727. - Enforcement. Secs. 110-728-110-739. - Reserved. Sec. 110-720. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means the property owner or the property owner's authorized agent seeking to develop land as a planned development pursuant to this article. Common open space means a parcel of land or a combination of land and water within a planned development designed and intended for the use or enjoyment of the patrons or residents of the planned development. Common open space shall be integrated throughout the planned development to provide for a linked recreational/open space system. Concept plan means a generalized plan illustrating the assessment and possible suitable development of a site. Construction means the process, usually requiring the professional services of an architect and/or engineer, of building, altering, repairing, improving or demolishing any structure or building or other improvements of any kind to any real property. Construction schedule means a comprehensive statement demonstrating the type and extent of development to be completed within the various practicable time limits and the order in which development is to be undertaken. A construction schedule shall contain an exact description of the specific buildings, facilities, common open space and other improvements to be developed by the end of each time period. Phase means a specified portion of an approved planned development that may be developed as an independent entity which is delineated in the approved land use and site/construction plans and specified within the construction schedule. Land use plan means the plan approved by the city council pursuant to this article and on file with the city which establishes the planned development zoning designation on the applicant's property. Planned development means an area of land developed as a single entity or in approved phases in conformity with approved land use and site/construction plans by a property owner or a property owner's authorized agent(s), which is comprehensively planned to provide for a variety of land uses and Cape Canaveral Planned Development Code Planning Design Group Page 11 common open space. Site means the actual physical area to be developed as a planned development, including the natural and man-made characteristics of the area. Site/construction plan means a detailed, dimensional plan at a reproducible scale providing information and graphic depiction of all physical development relationships to occur within a tract of a planned development. Tract means an area of land delineated within a phase, which is separate unto itself having a specific legal description of its boundaries. A tract delineates all land uses, such as common open space, recreational area, development areas, and all other applicable areas, except single residential dwelling unit lots. Sec. 110-721. - Purpose and intent. (a) The intent and purpose of the planned development zoning district are as follows: (1) To allow for diversification of uses, structures, and open space in a manner that is compatible with existing and permitted land uses on abutting properties. (2) To reduce development and energy costs resulting from a more efficient use of the land design and network of utilities and streets than would be possible through the application of the conventional zoning districts. (3) To ensure that development will occur according to limitations of use, design, density, height, lot coverage, and phasing that is stipulated on an approved land use plan. (4) To preserve the natural amenities and environmental assets of the land by encouraging innovation in design for the preservation and improvement of scenic and functional open areas. (5) To provide the maximum opportunity for the application of innovative architectural design and development concepts in the creation of aesthetically pleasing living, shopping and working environments on properties of adequate size, shape, and location. (6) The planned development district is a flexible zoning district which is intended to provide an appropriate balance between the intensity of development and the ability to provide adequate support services and facilities. (7) To streamline the procedure for obtaining approval of proposed developments through simultaneous review by the city of land use, site considerations, public needs and health and safety factors. Sec. 110-722. - Permitted uses. The following uses shall be permitted in a planned development zoning district pursuant to an approved land use plan: (1) Planned commercial centers. Complementary and compatible residential uses, office uses and industrial uses may be included if they are compatibly and harmoniously designed into the commercial center within a planned development zoning district. (2) Planned attraction and destination uses. Complementary and compatible residential uses may be included, provided that their design within the planned development zoning district will produce a reasonable living environment. (3) Planned mixed-use development uses. Complementary and compatible residential uses may be included, provided that their design within the planned development zoning district will produce a reasonable living environment. Cape Canaveral Planned Development Code Planning Design Group Page 12 (4) Planned industrial and office parks. Complementary and compatible commercial uses may be included if they are properly integrated into the total industrial or office park within a planned development zoning district. (5) Other uses. Any other private, public or semipublic use that is complementary to, and compatible with planned commercial, attraction and destination, mixed-use, office or industrial developments. Sec. 110-723. - Common open space, drainage systems, and other related common facilities. (a) In all planned developments, all common facilities shall be maintained in perpetuity for their intended purpose as identified in the approved land use plan. One of the following methods or a combination of the following methods shall be utilized for maintaining common facilities: (1) Public dedication to the city subject to formal acceptance by the city in its sole discretion. (2) Establishment of a nonprofit property owners' association comprised of all persons owning property within the planned development subject to the following: (A) The applicant shall establish the association prior to the sale of any parcels or tracts. (B) Membership in the association shall be mandatory for all property owners within the planned development, and the association shall not discriminate in its members or shareholders. (C) The association shall manage all common open space and recreational facilities that are not dedicated to the public; shall provide for the maintenance, administration and operation of the land and any other land within the planned development not publicly or privately owned; and shall secure adequate liability insurance on the property. (D) Title to all common open space shall be an undivided fee simple estate to all property owners. (E) The applicant shall turn over control of the association in an orderly manner consistent with Chapter 718, Florida Statutes. (3) Retention of ownership, control and maintenance of common facilities by the applicant. (b) A privately owned common open space shall continue to conform to its intended use and remain as expressed in the approved land use plan through the inclusion in all deeds of appropriate restrictions to ensure that the common open space is permanently preserved according to the land use plan. The deed restrictions shall run with the land and be for the benefit of property owners and shall contain a prohibition against partition. (c) All common open space, as well as public and recreational facilities, shall be specifically included in the construction schedule and shall be constructed and fully improved by the applicant at an equivalent or greater rate than the construction of other structures. Sec. 110-724. - Physical review. The city shall have the right to evaluate the physical layout, architectural characteristics and amenities of the planned development and to suggest changes or modifications designed to create compatibility and conformity in the variety of uses within the development to ensure, protect and promote the health, safety and general welfare of the property owners of the planned development and the residents of the city. Sec. 110-725. - Building permit. No building permit for construction within a planned development shall be issued by the city until the Cape Canaveral Planned Development Code Planning Design Group Page 13 site/construction plan has been approved. Sec. 110-726. - Revocation. Failure of an applicant to submit a site/construction plan for the entire development, or any phase therein, within five (5) years from the date of the city council's approval of a land use plan shall result in the automatic revocation of an approved land use plan. Revocation of a land use plan under this section shall result in the subject property reverting to its previous zoning classification and the official zoning map shall be changed accordingly to reflect such revocation. In the event of revocation, an applicant shall have no further development rights and any subsequent application for a planned development shall be subject to the land use plan approval requirements of this Article. Sec. 110-727. - Enforcement. In addition to any other method of enforcement, the city shall have the power to enforce this article by an appropriate suit in equity. Secs. 110-728-110-739. - Reserved. DIVISION 2. - PLANNED DEVELOPMENT PLANS Sec. 110-740. - Application procedures. Sec. 110-74 1. - Concept plan. Sec. 110-742. - Land use plan. Sec. 110-743. - Site/construction plan. Secs. 110-744-110-754. - Reserved. Sec. 110-740. – Application procedures. Each application for planned development zoning shall be subject to the submittal and review procedures of this division, which shall include the submittal and approval of a concept plan, land use plan and site/construction plan consistent with the provisions set forth herein. Sec. 110-741. - Concept plan. (a) Concept plan required. Prior to an applicant's formal submittal of a land use plan for planned development zoning, the applicant and their registered engineer, architect and/or site planner shall attend a pre -application conference with the development review committee and such other personnel deemed necessary by the planning official to determine the feasibility and suitability of the application. This step is required so that the applicant may obtain information and guidance from city personnel before entering into any binding commitments or incurring substantial expenses of site plan preparation. (b) Concept plan submittal requirements. The concept plan shall consist of a generalized sketch drawn to scale (the proportion and locations of land uses may be generalized), and which shows or addresses the following: (1) Boundary of the subject property, identified by a heavy line. (2) Major natural features located on the property such as lakes, streams and conservation areas. (3) Existing or proposed streets abutting the subject property and other major streets and intersections within five hundred (500) feet of access points to the subject property. (4) Generalized location map and legal description, including acreage. (5) Proposed land use types and their locations (land use or building bubbles are acceptable). Cape Canaveral Planned Development Code Planning Design Group Page 14 (6) Gross densities. (7) Approximate number of residential units. (8) Approximate floor area for commercial, office or industrial uses. (9) Adjacent zoning. (10) Anticipated internal major road network. (11) Anticipated maximum building height. (12) Anticipated phasing schedule. (13) Proposed method of providing: A. Water service (including fire protection) B. Sewage disposal. C. Stormwater management. D. Parks/recreation facilities. E. Schools, if applicable. (c) City review and comment. The development review committee and any other personnel deemed necessary by the planning official shall conduct a preliminary and non-binding review of the concept plan. Comments and statements made by city officials as part of the concept plan review are non-binding unless memorialized in a written agreement approved by the city council. City staff shall not make a formal recommendation regarding the proposed project at this time, unless the application is accompanied by a written development agreement being proposed by city staff for the city council's approval, in which case, city staff shall make a recommendation regarding the application and proposed agreement. This preliminary and non-binding review shall not be relied upon by the applicant as a final decision and shall not be construed in any manner as creating any vested right or entitlement for the development of the subject property. Sec. 110-742. Land use plan. (a) Land use plan application. Applicants shall submit a land use plan application for planned development zoning to the planning official. The application shall include the required number of copies of plans and exhibits as determined by the planning official and shall contain the name of the applicant, site planner, surveyor and/or engineer who prepared the land use plan, topographic data map and the name of the proposed planned development. (b) Exhibits. The following shall be attached as exhibits to the land use plan application: (1) Vicinity map indicating the relationship between the planned development and its surrounding area, including adjacent streets and thoroughfares. (2) Land use plan that shall contain but not be limited to the following information: A. Proposed name or title of project and the name of the engineer, architect, site planner, surveyor and applicant. B. North arrow, scale of one inch to 200 feet or larger, date and legal description of the proposed site. C. Boundaries of tract shown with bearings, distances, closures and bulkhead lines. All existing easements, section lines and all existing streets and physical features in and adjoining the project and the existing zoning. D. Name and location of adjoining developments and subdivisions. E. Proposed parks, school sites or other public or private open space, as applicable. F. Vehicular and pedestrian circulation systems, including off-street parking and loading areas, driveways and access points. Cape Canaveral Planned Development Code Planning Design Group Page 15 G. Site data, including tabulation of the total number of gross acres in the project, the acreage to be devoted to each of the several types of uses and the total number of dwelling units, minimum net living floor area, building height, non- residential gross floor area, non-residential floor area ratio, setbacks, open space, and buffers. H. Proposed common open space, including the proposed improvements and any complementary structures and the tabulation of the percent of the total area devoted to common open space. Areas qualifying for common open space shall be specifically designated on the land use plan. I. Delineation of specific areas designated as a proposed phase. J. General statement, including graphics, indicating proposed corridors of drainage and direction, natural drainage areas, specific areas which are to function as retention lakes or ponds, anticipated method for accommodating runoff (curb and gutter, swales, other) and treatment methods for discharge into area waterways for the site to ensure conformity with natural drainage within the vicinity area or with the drainage plan established within the vicinity area. K. General location within the site of each land use and the proposed amount of land for each tract. L. Schematic drawing of the elevation and architectural construction of the proposed structures. M. The proposed method of dedication and administration of proposed common open space. (3) Topographic data map drawn to a scale of 200 feet to one inch or larger by a registered surveyor or engineer showing the following: A. The location of existing property lines both for private property and public property, streets, buildings, watercourses, transmission lines, sewers, bridges, culverts and drainpipes, water mains and any public utility easements. B. Wooded areas, streams, lakes, marshes and any physical conditions affecting the site. C. Existing contours based on U.S. coast and geodetic data with a contour interval of two feet and proposed finished elevations. (c) Development review committee review. Within 14 days of receipt of a complete application, the development review committee shall formally review the proposed land use plan for planned development zoning to determine the feasibility and suitability of the plan, and shall provide written comments and recommendations to the applicant. The applicant shall be given an opportunity to review, respond to and make any changes deemed appropriate to conform to the comments and recommendations of the development review committee. (d) Recommendation to planning and zoning board. Following applicant's resubmittal, if any, the development review committee shall issue a written recommendation to the planning and zoning board to approve, approve with conditions, or to deny the land use plan application. A copy of the recommendation shall be sent to the applicant prior to the planning and zoning board public hearing. The planning official shall schedule the application for a public hearing before the planning and zoning board during its next available regular meeting. (e) Planning and zoning board review. Upon receipt of the development review committee's written recommendation, the planning and zoning board shall conduct a public hearing to review the application and shall issue a written recommendation to the city council to approve, approve Cape Canaveral Planned Development Code Planning Design Group Page 16 with conditions, or to deny the land use plan application. The planning and zoning board's recommendation shall be based on consideration of the following criteria: (1) Degree of departure of proposed planned development from surrounding areas in terms of character, density, and intensity of use. (2) Compatibility within the planned development and relationship with surrounding neighborhoods and other uses. (3) Prevention of erosion and degrading of surrounding areas. (4) Provision for future public education (if required), recreation facilities, transportation, water supply, sewage disposal, surface drainage, flood control and soil conservation, as shown in the land use plan. (5) The nature, intent and compatibility of common open space, including the proposed method for the maintenance and conservation of the common open space. (6) The feasibility and compatibility of the specified phases contained in the land use plan to exist as an independent development. (7) The availability and adequacy of water and sewer service to support the proposed planned development. (8) The availability and adequacy of primary streets and thoroughfares to support traffic to be generated within the proposed planned development. (9) The benefits within the proposed development and to the general public to justify the requested departure from the standard land use requirements inherent in a planned development zoning district. (10) The conformity and compatibility of the planned development with any adopted development plan of the city. (11) The conformity and compatibility of the proposed common open space and land uses within the proposed planned development. (f) City council review. Upon receiving the recommendation of the planning and zoning board, the city council shall, at a regularly scheduled public hearing, review the application and the recommendation of the planning and zoning board and shall either approve, approve with conditions, or deny the land use plan application. Approval of the land use plan application indicates approval of the planned development zoning designation on the subject property. The city council's decision shall be based on consideration of the criteria set forth in subsection (e) herein. (g) Recordation of land use plan and planned development zoning designation. Upon the city council's approval of any land use plan pursuant to this section, the city's official zoning map shall be revised to reflect a planned development zoning designation on the subject property. Any such approval shall become a binding condition on the use of the land encompassed by the land use plan under the applicable planned development zoning district regulations. A copy of the land use plan and required exhibits shall be maintained on file with the city clerk as a permanent record. Sec. 110-743. - Site/construction plan. (a) Time limits. An applicant shall have five (5) years from the date of the city council's approval of any land use plan for planned development zoning in which to file a site/construction plan application for the entire property or any phase thereof. At the request of the applicant and for good cause shown, the city council may extend the period required for filing the application for a time certain. Any such request shall be submitted to the planning official in writing prior to the expiration of the five (5) years. Cape Canaveral Planned Development Code Planning Design Group Page 17 (b) Application and review procedure. (1) Generally. Site/construction plan applications submitted pursuant to this article shall be subject to the general site plan submittal and review procedures set forth in Article VI of this Chapter. The requirements and procedures set forth in this section shall be supplemental and in addition to the provisions of Article VI. (2) Pre -application conference. Prior to the commencement of formal site/construction plan review pursuant to this section and Article VI of this Chapter, the applicant shall meet with the development review committee to discuss the basic site/construction plan requirements outlined in this division. (3) Submittal. The site/construction plan application shall be submitted to the planning official and shall be accompanied by the following: a. Site/construction plan reflecting and including the information set forth in section 110-222 of this Code. b. A legal description of the planned development boundaries. C. A construction schedule, which shall contain the following information: A. The order of construction of the tracts as delineated in the phases of the land use plan. B. The proposed schedule for the construction and improvement of common open space with the phase, including any complementary structures. d. Deed restriction proposals, consistent with the requirements of this article, to preserve the character of the common open space. The deed restrictions shall include a prohibition against partition by any property owner. e. If the applicant elects to use a nonprofit association to administer common open space, the proposed bylaws of the association or the certificate of incorporation and the corporate bylaws of the nonprofit corporation shall be submitted for approval by the city. f. Instruments dedicating all rights-of-way, easements and other public lands shown on the site/construction plan from all persons having any interest in the land. g. A bill of sale, conveying to the applicable authority water and sewer utility lines, mains, lift stations and other personal property required to be installed by this division. h. Instruments demonstrating that all necessary off-site easements or dedications have been acquired. In lieu of originals, certified true copies will be accepted with the recording information from the public records of the county included thereon. L A title opinion from an attorney showing the status of the title to the site encompassed by the site/construction plan and all liens, encumbrances and defects, if any. (4) Review. Upon submission of a complete site/construction plan application consistent with the requirements of this section and Article VI of this Chapter, the application shall be processed and reviewed consistent with the procedures of section 110-223 of this Code. (c) Approval in phases. An applicant may request approval for the entire planned development or any phase therein designated in the approved land use plan. (d) Recordation of site/construction plan. Any site/construction plan approved pursuant to this section, and any accompanying exhibits thereto, shall be maintained on file with the city clerk as a permanent record. (e) Amendments; sale or transfer of tracts. An applicant may amend a previously -approved site/construction plan or offer tracts for sale or transfer as follows: Cape Canaveral Planned Development Code Planning Design Group Page 18 a. Upon the issuance of a building permit based on an approved site/construction plan, the planned development shall be built substantially in accordance with the site/construction plan and the associated specifications. If, after such approval, the applicant or successors desire to modify the site/construction plan, such proposed modifications shall first be submitted to the planning official. If the planning official deems the modifications to the approved site/construction plan to substantially deviate from the approved plan, the application for modification shall be subject to the review procedures of this section and Article VI of this Chapter. b. Upon approval of the site/construction plan, the applicant may sell or transfer any separately identified parcel or tract of land within the boundaries of the site/construction plan not designated as common open space or areas specified for the use of all owners within the planned development. Secs. 110-744-110-754. - Reserved. Cape Canaveral Planned Development Code Planning Design Group Page 19 City of Cape Canaveral, Florida Planning and Zoning Board February 27, 2013 STAFF REPORT Request: For a Planned Development Zoning to allow for a Helicopter Tour Operation per section 110-609 and to retain all uses allowed in the C-2 Commercial/Manufacturing Zoning District. Applicant (authorized agent): Mark Grainger Owner of property: Sheldon Cove, LLLP Subject property: Vacant 2.56 acre parcel at the northeast corner of SR Al and Imperial Boulevard. Future Land Use and Zoning designation: C-2, Commercial in the A1A Economic Opportunity Overlay District. Surrounding zoning and uses: Zoning North C-2, Commercial East M-1, Industrial South C-2, Commercial West C-1, Commercial Use AJT Building Brewery — Florida Beer Company Sheldon Cove building Racetrac Summary The applicant wants to operate a Helicopter Tour business at the northeast comer of SR A1A and Imperial Boulevard. This property is located within the A1A Economic Opportunity Overlay District. The proposed use is considered an Attraction and Destination Use and may be approved pursuant to the Planned Development Process. The Planned Development Process includes review and recommendation by the Development Review Committee, review and recommendation by the Planning and Zoning Board, and approval, approval with conditions, or denial by the City Council. The applicant currently owns and operates Florida Biplanes & Helicopters. See attached Cape Canaveral Helipad Proposal for history of the company and summary of the proposed business in Cape Canaveral. Items to consider Office and restrooms — the Code call for provision of a building and plumbing facilities: Section 110-481. Building required for commercial uses. "All commercial uses shall provide at least the minimum size building required for the district in which the use is to be located. The building shall contain plumbing facilities adequate to serve the needs of the customers and employees of the commercial use." Temaorary office structure — The applicant is requesting a temporary office structure for a period of 36 months; to run with the life of the property lease. The Code authorizes the Building Official to issue a permit for a temporary structure for up to six months. Therefore, the requested longer period for the temporary office structure will need to be addressed in the PD. While the applicant may use a traditional temporary office structure, he is also considering the use of a surplus military helicopter as the office or a portion of the office. Restrooms — Section 110-481 calls for provision of restroom facilities. Utilities — The building shall be connected to the central water system operated by the City of Cocoa. Access — Access to the site shall be from Imperial Blvd. Parking — Parking will be provided on an existing paved parking area. The parking area will need to be maintained/refurbished per Section 34-97(b): The owner of every.... commercial or industrial property, his appointed agent and occupants, operators, tenants or anyone otherwise using the property in any form or manner shall provide: (3) parking areas in good repair, free from erosion, property marked and clear of litter and debris. Landscaping and clean-up of site - Undesirable plant species are to be removed and all open areas are to be grassed. Noise and flight path — An on-site demonstration of a helicopter landing and take -off is one way to assess noise level. Flight paths as depicted in the Cape Canaveral Hellpad Proposal will be east of SR AIA and north to the Port over commercial and industrial properties. Hours of Operation — The applicant is proposing to operate daily from 9am to 9pm Planned Development Worksheet A Planned Development means an area of land developed as a single entity or in approved phases in conformity with approved land use and site plans by a property owner or a property owner's authorized agent, which is comprehensively planned to provide for a variety of land uses and common open space. The Planning and Zoning Board's recommendation shall be based on consideration of the following criteria: 1. Degree of departure of proposed planned development from surrounding areas in terms of character, density, and intensity of use. This is a unique use that is considered a tourist/hospitality use and an extension of existing hotel and attraction uses along this stretch of SR A1A. 2. Compatibility within the planned development and relationship with surrounding neighborhoods and other uses. Immediate surrounding properties are all commercially or industrially zoned and in commercial/industrial uses or undeveloped. 3. Prevention of erosion and degrading surrounding areas. The site will be grassed to prevent erosion and excessive dust disturbance. 4. Provision for future public education (if required), recreation facilities, transportation, water supply, sewage disposal, surface drainage, flood control and soil conservation, as shown in the land use plan. If the Planned Development Zoning is approved, a site plan will be prepared that addresses utility service and stormwater drainage. S. The nature, intent and compatibility of common open space, including the proposed method for the maintenance and conservation of the common open space. Not applicable to this project. 6. The feasibility and compatibility of the specified phases contained in the land use plan to exist as an independent development. Not applicable to this project. 7. The availability and adequacy of water and sewer service to support the proposed planned development. Adequate utilities are available to support the project. 8. The availability and adequacy of primary streets and thoroughfares to support traffic to be generated within the proposed planned development. Roadways have capacity to handle traffic generated by the project. 9. The benefits within the proposed development and to the general public to justify the requested departure from the standard land use requirements inherent in a planned development. This is a unique use, but no departures from the standard land use requirements are being requested. 10. The conformity and compatibility of the planned development with any adopted development plan of the City. There is no adopted development plan for this portion of the City. 11. The conformity and compatibility of the proposed common open space and land uses within the proposed planned development Not applicable. Development Review Committee Recommendation The Development Review Committee recommends approval of the requested Planned Development Zoning. 3 City of Cape Canaveral Planned Development Zoning Application MON11. Ot - - Address of Project: J' I_vp Name of Project: C.A �es Legal description: Lot(s) Block Subdivision 12 Section IS Township i" 4 Range :)"",I Future Land Use and Zoning designations:-, 2, W=177W "A0 IMT M, 161_1""l am a tenant. (Attach notarized letter of authorization). IFYIN! III IN 111 1111111111 a 31 111 1 L.-111, I Owner(s) Name: '5 vk✓ k' a sh Mailing Address: ?,c� c, u "2, '�K #1055 Phone number(s): "Ir Email(s): 16 t -A A ly' ",,, (Z Authorized Agent Information (if applicable): Name of Authorized Agent: V ._ "V IA41-4, Mailing Address: 't. V�'Z I- A Phone number(s): 2-., 4 Email(s): Planned Development Zoning Application - 121712 0212012,1013 JJ:39 N11 O4i?IJA4M Ota 1 250. Ob a sh ✓0. 00 chanue OLN '�K #1055 $21j& 00 Cape Canaveral Helipad Proposal February 2013 Mark Grainger -President Florida Biplanes & Helicopters 475 Manor Drive, Hangar 5 Merritt Island, FL (321) 392-4122 Mark@FloridaBiplanes.com • Florida Biplanes & Helicopters would like to establish a base for our helicopter ride operation within the boundaries of Cape Canaveral. The proposed location is the currently undeveloped 2.5 -acre lot at 8880 Astronaut Boulevard. The location is zoned C2 Industrial, and within the boundaries of the recently created A I A Economic Opportunity Overlay District (EOOD). The ride operation is a service business providing both locals and tourists with aerial sightseeing tours of the local area. Florida Biplanes and Helicopters began operations at the Merritt Island Airport in October of 2010. We started with one WWII -era vintage Waco UPF-7 open -cockpit biplane and have grown to add a second biplane and our first vintage helicopter, a Korean War -era Hiller UH -12. We are in the process of acquiring a second helicopter to support our growing in helicopter ride business. To date we have given over 2,300 rides to over 4,000 passengers and are the top rated outdoor activity on Trip Advisor, a major internet review and ranking website. The business has been profitable since it's 2" a month of operations. Our rides vary from 5 to 45 minutes in length and our current aircraft have capacity for two passengers per flight. The Space Coast is an excellent location for scenic flights because of its very close proximity to the rivers, beaches, Port Canaveral, and the Kennedy Space Center Complex (KSC). We have established a great relationship with both NASA and Patrick AFB. Our rides often include "low passes" down both the former Space Shuttle landing runway as well as the runways at PAFB. We operate rides daily, year round and intend to continue growing our biplane and helicopter ride business at the Merritt Island Airport. However, a helicopter's ability to operate from virtually any open area provides a unique opportunity to increase the visibility and therefore the business to a level that is impossible to do at an airport. RATIONALE The idea is to base the helicopter ride operations as close to the port as possible and with as much exposure to A I A as possible. Close proximity to the port means we can deliver a high-quality ride, with unparalleled sightseeing in as little flight time as 5 -minutes. Helicopters are relatively expensive to maintain and operate. A shorter flight means a lower cost per ride. This will allow us to offer a quality experience at a starting price point of around $40 per person. Cape Canaveral's general layout, with industrial areas abutting the Port, is ideal in that it allows a helicopter flight path that avoids all residential areas. To repeat: the proposed location will allow flights that avoid all residential areas. It doesn't require much explaining that "road front" exposure to A I A is extremely advantageous for practically any business. A helicopter ride is a very exciting and unique experience. While many customers respond to traditional marketing and advertising, a large portion of sales are from "impulse purchases" (they see it and immediately want to experience it). Significantly, the purchase of a helicopter ride is not something that is typically on someone's mind until the moment they see the helicopter. We can find no better area that satisfies both of these objectives than our proposed location. Simply put, it's a "home run". The proposed lot has the most clearway and overall area than any other property nearby. Most importantly, it is'located far away from all residential areas. It also has an existing paved parking area and "off AIA" access via Imperial Avenue. Florida Biplanes & Helicopters will create a neat, clean, and attractive business that meets the A I A FOOD guidelines and goals to "improve the appearance, enhance the identity, and promote the pedestrian environment of the district." We will transform an existing vacant lot into an aesthetically pleasing area that is both professional and attractive. It will be requested to begin operations from a temporary office structure. One possible office structure being considered would be to convert a surplus military helicopter for use as both as a static display and ticket sales office. The Sikorsky 5-58 would be a unique, attractive, and historic proposition. The 5-58 was used to recover astronauts from both the Gemini & Apollo missions. Tying in the historical artifact from the early days of the space program with a major attraction in Cape Canaveral would be a positive addition to the City . Sikorsky 5-58 as a possible Static Display/Office Proposed hours of operation are daily, from 9am to 9pm. We intend to employ the highest safety standards and practices consistent with our unblemished safety record at Merritt Island. We have explicit authorization from the FAA to conduct commercial air tours and carry full liability insurance. All safety related personnel are subject to FAA & DOT initial background and drug tests, as well as an ongoing random drug test program. We anticipate the potential of growing the business to two helicopters in the future, if demand supports it. Overnight helicopter storage will either be at the Merritt Island Airport or a secured area on the property. Fueling of aircraft will be in accordance with FAA, DOT, and NFPA standards. There will be no fuel (or any other hazmat) storage on the property. FLIGHT TRACK / NOISE & SAFETY CONCERNS The location of the property offers the best overall solution to minimizing the noise footprint of a helicopter ride operation. Because we can operate on flight paths that completely avoid residential areas, there should be very little issue with noise. It is important to note that the business model is geared towards upselling rides to longer durations. This increases revenue, decreases fuel and maintenance cost per flight hour, and reduces the overall number of daily flight operations. The following map shows the proposed 5 -minute tour flight track: We plan to always utilize flight paths that always arrive and depart from over the Port and industrial areas to the North. The map below shows our proposed 15 and 30 -minute flight tracks (note that the approach and departure paths are always over non-residential areas): BENEFITS Currently there are at least 5 helicopter ride businesses located in the Greater Orlando area. This is a testament to their popularity and public demand for this type of outdoor activity. As the only helicopter ride offering near the Port and beaches, we believe the business potential is excellent. The economic impact to Cape Canaveral will be positive. We forecast the immediate need for 3 full-time employees and believe this could grow to at least a half-dozen newly created jobs. Cape Canaveral will gain the addition of a thriving, well-respected and energetic business. A helicopter ride offering will be positive draw to bring cruise ship and port related tourists into the City. The business also stands to capture much of the vehicle traffic that currently bypasses Cape Canaveral for destinations South. Locals make up almost 40% of our ride business at Merritt Island and we expect to satisfy a similar portion of the local population looking to see the beauty of their hometown from a new perspective. Having a helipad in Cape Canaveral is a good resource. Florida Biplanes & Helicopters can make our helipad available to the City for non -routine use of other helicopters (Medevac, BSO, VIP transport, etc.) OWNER QUALIFICATIONS Florida Biplanes & Helicopters is founded and owned by Mark Grainger, an experienced pilot and businessman with a strong background in aviation, sales, and marketing. Mr. Grainger has over 33 years of flying experience in a wide range of aircraft from hang gliders to F-16 fighter jets and currently flies wide-body airliners internationally for Delta Air Lines (past 22 years). Mr. Grainger has successfully led and owned start-up companies in the amusement, vending, and Internet industries. He also has successful corporate experience, serving as Vice President of Business Development for a security related software company headquarted in Washington DC. Mr. Grainger currently resides in Cocoa Beach with his wife and two children. Although there are valid concerns for both citizens and their elected representatives regarding the basing of helicopter ride business within the City, a professional operation that is focused on maintaining minimal noise and maximum safety can be a benefit to Cape Canaveral. There are helicopter tour operators in almost every major City in America. They are successfully operating in virtually every tourist location as well. The key is having a helipad away from residences, flight paths that provide the minimal noise and no residential overflight, and a management that strives to make and uphold a commitment to the community to be a good business neighbor. Florida Biplanes & Helicopters proposes to do just that. A-41 Dana Blickley WIRBrevard County Property Appraiser ,�' W, North Government Complex Viera Government Center South Services Complex Palm Bay Service Complex 400 South St, 5th Floor 2725 Judge Fran Jamieson Wy 1515 Sarno Rd 450 Cogan Dr, SE Titusville, FL 32780 Viera, FL 32940 Melbourne, FL 32935 Palm Say, FL 32909 Telephone: (321) 264-6700 Telephone: (321) 690-6880 Telephone: (321) 255-4440 Telephone: (321) 952-4574 Document content intended for assessment purposes only. Not a survey. Map layers may not precisely align. Other disclaimers apply. Printed Tnursday, February 7, 2013 al 3:431 PM, www,BrevardPropertyAppraiser.com I : 2,000 Page I of I 2/7/2013 i& Oan, a Blickley WWBrevard County Property Appriills, hw. ow 1.111111 I fim 31 North Government Viera Government Complex Center South Services Palm Bay Service 400 South St, 5th Floor 1 2725 judge Fran Jamieson Complex Complex I IS15 Sarno Rd 450 Cogan Or, SE Titusville, FL 32780 Wy Telephone: (321) 264-6700 Vera, FL 32940 Melbourne, FL 32935 Palm Bay, FL 32909 Telephone: (321) 690-6880 Telephone: (321) 255-4440 Telephone: (321) 952-4574 Document content intended for assessment purposes only. Not a survey. Map layers may not precisely align. Other disclaimers apply. Printed Sunday, January 13, 2013 at 9:03 PM. www.BrevardPropertyAppraiser.com sm loo, 0, M 100' WMM" GRAPHIC SCALE 1" = 100' 60' 0' 60' vv1 I GRAPH C SCAT F 1' = 60' HELIPAD DIMENSIONS TLOF = 40' x 40' FATO - 65' x 65 SAFETY AREA = 85' x85' cvmaarnor ur vm as Mgti a aenrurta MINxrt nv exvi a:rt Mand voWeaah n<d wn� dox¢arw, mc. MARK GRAINGER RAPE CANAVERAL HELIPORT CAPE CANAVERAL FLORIDA CONCEPTUAL SITE PLAN Id•I�I•R �1�9 Sheldon Cove 8810 Astronaut Blvd,* Cape Canaveral, Florida 32920 • (321) 783-2400 Ext. 202,1 Fax: (321) 784-1559 I, _William R. Mays, authorize Mark Grainger to act on my behalf regarding the Zoning Exception and the zoning exception only on my property located at 8880 Astronaut Blvd in Brevard County, Florida /i William R. Mays Managing Pa Sheldon Cove LLLP STATE OF Florida Brevard FL Before me the undersigned authority, personally appeared William R. Mays ,who is personally known by me to the person described and who executed the foregoing instrument for the purpose therein and it true and correct. Sworn to and subscribed before me this day of 20�. State of Florida County of Brevard Witness my hand and official seal, this day of c� s��'t 20_1_3. Notary Signature -�,uY?'t�i;i,» C-il U My Commission Expires D �t;� (SEAL) �°�;:=:�"`� SUSANtYP�tCEIR06?OYYSKI MyCo,IEM#EE114245 EXPIRES: Septamba4,2016 i°'��°T BcndedTlWBud�Nolar78 This instrument prepared by: Leonard Spielvogel, Esq., of DEAN, MEAD, SPIELVOGEL, GOLDMAN & BOYD Attorneys -at -Law P. 0. Box 541366 Merritt Island, Florida 32954-1366 File No. 13217/23589 / /,. ) P.) U/ WARRANTY DEED Sandy CrawfOfd /I cterk Of courts. 9tavaW County Npgs: 8 $Names3'.00 Sen 0.00 Trust. 4 50 W: SESCM: 0.00 r1m,irt' 2,625 00 nt Tax: 0 00 Mtg- 0 00 I�I�IIIQ�IaIIIIiI�Q��I��all�a�IIfUIIIII81111! CFN 97094788 06.03.97 10:21 am O e WPaga: 3677 / 4215 THIS WARRANTY DEED, made and given this 30th day of May, 1997, by and between D & S REALTY, a Co -Partnership existing under the laws of the State of Florida ("Grantor"); and SHELDON COVE, LTD., a Florida limited partnership ("Grantee"), whose mailing address is RAW Avtranalrt R1vA . rArb ranavoral _ Fl '1909n ; W I T N E S S E T H That Grantor, for and in consideration of the sum of TEN AND 00/100 ($10.00) DOLLARS, and other good and valuable consideration to Grantor in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, its, his or their heirs or assigns forever, the following described unimproved real property ("Property") situate, lying and being in the County of Brevard, State of Florida: (See Exhibit "A", which is attached hereto and made a part hereof by reference for description of the Property.) SUBJECT to taxes for the year 1997 and subsequent years, zoning, restrictions, prohibitions and other requirements imposed by governmental authority, restrictions and matters appearing on the plat or otherwise common to the subdivision, and public utility easements of record; this reference to restrictions shall not serve to reimpose the same; The Property is being conveyed to Grantee subject to a restrictive covenant ("Covenant") prohibiting the use of the Property or any portion thereof for an Adult Entertainment business, with the right in Grantor or Grantor's assignee or successors in interest of that real property, or any portion thereof, described in Exhibit "B" ("Dominant Parcel"), which is attached hereto and made a part hereof, to enjoin the continued use of the Property if and when in violation of this Covenant. The definition of "Adult Entertainment" as used in this Covenant is adapted from the City of Cape Canaveral Code (1996 ) Article IV. Adult Entertainment, and includes, but is not limited to, adult arcade, adult bookstore, adult entertainment establishment, adult materials, adult motel, adult motion picture booth, adult motion picture theater. Adult arcade means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines for viewing are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. For the purposes of this Covenant, adult arcade is included within the definition of adult motion picture theater. ►\OJ\r4nhalI W llxf/tl Adult b. .store means a place that distri ces, sells or offers for sale, for free or for any form of consideration, adult materials, the gross sales of which represents more than ten percent of the gross sales of the place or that comprises more than ten percent of the individual items it displays on its premises as its stock in trade in any one or more of the following categories: (1) New publications. (2) Used publications. (3) New merchandise. (4) Used merchandise. i CFN 91094785 OR SOOWPage� 3677 1 4216 Adult dancing establishment means an establishment that permits, suffers or allows employees to display or expose specified anatomical areas whether or not employees engage in the act of dancing during such display or exposure. Any establishment on whose premises an employee, who need not be the same employee, displays or exposes specified anatomical areas on more than one day in a 30 -day period shall be deemed an adult dancing establishment. Adult entertainment establishment means an adult motion picture theater, a massage establishment, an adult bookstore, an adult motel or an adult dancing establishment. Any commercial establishment that displays on within 100 feet of the Property a sign or other form of advertisement capable of leading a reasonable person to believe that the establishment offers adult entertainment shall be deemed an adult entertainment establishment under the appropriate category. Adult materials means any one or more of the following: (1) Hooks, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual representations or recordings, novelties and devices which have as their primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; or (2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. Adult motel means any hotel or motel, boardinghouse, roominghouse or other lodging used predominantly for transient customers which includes the term "adult" in any name it uses or otherwise advertises and actually permits the presentation of film material which has as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities for observation by patrons thereof. For the purposes of this Covenant, an adult motel is included within the definition of an adult motion picture theater. Adult motion picture booth means an enclosed area designed or used for the viewing by one or two persons of motion pictures, films, video cassettes, slides or other photographic reproductions which have as their primary or dominant theme matters depicting, illustrating or relating to specified sexual activities or specified anatomical areas. For the purpose of this Covenant, an adult motion picture booth is included within the definition of an adult motion picture theater. Adult motion picture theater means an enclosed building or a portion or part of an enclosed building or an open air theater, designed to permit viewing by patrons seated in M1/2DAMArsMl l.rd 2 9/17 CFN 97094788 4217 OR eocwagr 3677 / automobiles, used to present on a requ.Lax oasis, for free or for any form of consideration, film material which has as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities for observation by adult patrons thereof and includes any hotel or motel, boardinghouse, roominghouse or other lodging for transient customers which advertises and actually permits the presentation of such film material. For the purposes of this Covenant, an adult motion picture theater includes both an adult arcade, an adult motel and an adult motion picture booth. Massage establishment means a site, premises or vehicle or portion thereof upon which any person, who is an employee, manipulates the superficial tissues of the body of another person with any portion of the hand, foot, leg, arm or elbow, but this definition does not include the following: (1) Florida Licensed health care facilities; (2) Florida Licensed physicians or nurses engaged in the practice of their professions; (3) Establishments licensed under F.S. Ch. 400 (1995) provided that all employees of such establishments who manipulate the superficial tissues of the body of another person are licensed under F.S. Ch. 480 (1995). Specified anatomical areas means: (1) Lose than completely and opaquely covered: a. Human genitals or pubic region; b. The anal cleft of the human buttocks; C. Any portion of the human female breast below the top of the areola (the colored ring around the nipple). This definition shall include the entire lower portion of the breast, but shall not be interpreted to include any portion of the cleavage of the breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not so exposed. (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities means: (1) Human genitals in a state of sexual stimulation, arousal or tumescence; (2) Acts of human analingue, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia or zooerasty; (3) Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast; and (4) Excretory functions as part of or in connection with any of the activities not forth in subsections (1) through (3) of this definition. t t %DJ%K\r@M 11. W 1/70/9, CFN 97094788 ort eoowpeoe: 3677 / 4218 This Covenant (i) shall run in perpetuity; (ii) can be canceled or modified only by a document in writing executed by the then owner or owners of the entire Dominant Parcel and recorded in the Public Records of Brevard County, Florida; (iii) shall be liberally construed and enforced in favor of the Dominant Parcel. If the owner or owners of the Dominant Parcel or any of them engage legal counsel to enforce this Covenant, the then owner of the Property shall pay the reasonable legal fees and costs incurred in such enforcement effort. And the Grantor does hereby fully warrant the title to the Property and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused these presents to be signed in its name by its duly authorized officer and its corporate seal affixed, the day and year first above written. Signed, sealed and delivered in. the presence of: Print name ' (Witnesses as to W. Dan Stiltz) (Witnesses as to Paul Ducanis) D b S` EEI�LT a Co artnerehip By: ✓ W. Dan St z, Farther Address t ' PO. AIX /7+,9 10444+ d a gefi _ rod, 3 7o f/ By: Paul Ducanis, Partner Address:'/Q Ak /, Y�� LeWis By: CJe6{ t, % /ya� Witness signature Clarice C. Ducanis, Partner Print name Address: �: D. At le../:sd11&j 7A1, 3909/ Witness si nature e vt/,,. W,; a v7' Print damn (Witnesses as to Clarice C. Ducanis) rrint name (Witnesses as to Joseph T. Ducanis) r6%W%Kur.lu:1.rd in+i91 By: cam. ,r�� c septi T. Ducan s, Partner Address: 6.11 17" -11P �. b name Print name r (Witnesses as to William Ducanis) STATE OF TENNESSEE COUNTY OF , )'A &,,A.LL : CFN 97094788 OR ao*klPaP: 3677 ! 4219 William Ducanis, Partner Address: (collectively, "Grantor") The foregoing instrument was acknowledged before me this day of `M a* , 1997, by W. Dan Stiltz, as partner of D 6 S REALTY, a Co -Partnership, on behalf of said partnership. 8s is ❑ personally known to ns or who ❑ has produced as identification. Print Name: "A W - Commission No. , My Commission.At g V+ c: r SEAL t T �� .r:, C STATE OF COUNTY OF,' Th9foregoing instrument was acknowledged befgtd..me this 21Aday of a.,. , 1997, by Paul Ducanis, as Partner of D S S REALTY, a Co -Partnership, on behalf of said partnership. 8e is ❑ personally known to see or who ❑ has produced as identification. STATE OF' COUNTY OF K s Nota Public AN C.CAPPB . Print Name: NourYPublir A%M&C0.t1W Commission No. My Commission Expires$:: • .; SEAL e V rte: t.1. f • •r • The foregoing instrument was acknowledged before me this 21,J -day of � , 1997, by Clarice C. Ducanis, as Partner of D 6 REALTY, a Cc -Partnership, on behalf of said partnership. She is ❑ personally known to me or who ❑ has proluced an identiti ion. Print Name: Commission No. My Commission (SEAL) ►.%w7uur.a■ii..a 1/71/07 11" STATE OF / oqox .4 COUNTY OF ADE M1111iII11111 CEN 870847 OR Bookman,: 3677 3677 / 4220 The foregoing instrument was acknowledged before me this today of May , 1997, by Joseph T. Ducanis, as Partner of D 6 S REALTY, a Co -Partnership, on behalf of said p rtnership. Es is psrsooally known to mor who ahas produced ��5.7,- y98-/'I-of3-O FDD +� as identification. SEAL STATE OF f'-1-04 OA COUNTY OF A E The foregoing instrument was acknowledged before me this j* 2day of til , 1997, by William Ducanis, as Partner of D a S'REALTY, a Co -Partnership, on behalf of said partner hi lis is O personally known to m or who 9 has produced Fdt �J.*- 9.10 -1-4 -1:<f- O as identification. Notary Public Print Names Commission No. My Commission Expires: SEAL 'OFFICIAL SEAL• �. Ada F. Bravo iAp Comn►Isefon Exp9et W13f�DOf e'►a,a Camra SIM 539842 TACANer.Aall."d 1/7!/17 �':`►"."w -OFFICIAL SEAL" Ada F. Bravo Notary Public My �p 3pMv Print Names CpmMuZ1m 539942 Commission No. My Commission Expires; SEAL STATE OF f'-1-04 OA COUNTY OF A E The foregoing instrument was acknowledged before me this j* 2day of til , 1997, by William Ducanis, as Partner of D a S'REALTY, a Co -Partnership, on behalf of said partner hi lis is O personally known to m or who 9 has produced Fdt �J.*- 9.10 -1-4 -1:<f- O as identification. Notary Public Print Names Commission No. My Commission Expires: SEAL 'OFFICIAL SEAL• �. Ada F. Bravo iAp Comn►Isefon Exp9et W13f�DOf e'►a,a Camra SIM 539842 TACANer.Aall."d 1/7!/17 CFN 97094788 ,OR 9,,wP.49: 3677 / 4221 A portion of Section 15, Township 24 South, Range 37 East, Brevard County, Florida, more particularly described as follows Commence at a point on the Easterly right of way line of State Road #401 (A -1-A), a 100 foot right of way, maid point being 2448.56 feet North as measured at right angles to, the South line of said Section 15; thence N 52 degrees 38' 50" E for a distance of 496.00 feet to the point of Beginning; thence 8 37 degrees 21, 10" E for distance of 225.00 fusty thence 8 52 degrees 38' 50" W for a distance of 471.00 feet to a point of i� curvature of a curve to the right having a radius of 25.00 feet; thence Northwesterly along the are of said curve thru a central angle of 90 degrees 00' 00" for a distance of 39.27 feet to a point of tangency on said Easterly right of way line of State Road #401; thence N 37 degrees 21' 10" W along said Easterly right of way line for a distance of 125.00 feat; thence N 52 degrees 38, 50" E for a distance of 200.00 feet; thence N 37 degrees 21' 10" M for a distance of 75.00 fusty thence N 52 degrees 38, 50" E for a distance of 296.00 feet to the point of beginning. Together with$ A portion of Section 15, Township 24 South, Range 37 East, Brevard County, Florida, more particularly described as follows$ Begin at a point on the Easterly right of way line of State Road #401 (A -1-A), a 100.00 foot right of way said point being 2448.56 feet North of as measured at right angles to the South line of said Section 15; thence North 52 degrees 38' 50" East, for a distance of 200.00 feet; thence South 37 degrees 21, 10" East, for a distance of 75.00 feet; thence South 52 degrees 38. 50" West, for a distance of 200.00 feet to a point on the Easterly right of way line, thence North 37 degrees 21, 10" West along said Easterly right of way line, for a distance of 75.00 feet to the point of beginning. EXHIBIT "A" F1WMIMMAM '�VI��U�uWuV9A��IIB�CFN 97094788OR BOWP&ge: 3677 / 4222 A portion of Section 15, Township 24 South, Range 37 East, Brevard County, Florida, more particularly described as follows: Commence at a portion on the Easterly right of way of STATE ROAD 0401 (AIA), a 100 foot right of way, said point being 2448.56 feet North of, as measured at right angles to, the South line of said Section 15; thence N. 52 degrees 38150" E. for a distance of 520.00 feet to th Point of Beginning; thence S. 37 degrees 21'10" E. for a distance of 225.00 feet; thence S. 52 degrees 38150"1W. for a distance of 495.00 feet to a point of curvature of a curve to the right having a radius of 25.00 feet; thence Northwesterly along the arc of aid curve, thru a central angle of 90 degrees 00'00" for a distance of 39.27 feet to a point of tangency on said Easterly right of way line of STATE ROAD #401; N. 37 degrees 21110"1W. along said Easterly right of way line a distance of 125.00 feet, thence N. 52 degrees 38'50" E. for a distance of 200.00 feet; thence N. 37 degrees 21'10"W. for distance of 75.00 feet; thence N. 52 degrees 38'50"E. for a distance of 320.00 feet to the Point of Beginning. portion of Section 15, TownshipSouth, Brevard County, Florida, more particularly described as • # Commence at a point on the Easterly right of way line of State '• • 1401 _.w a 110 foot righto way, said pointbeing Y feet North4. at right anglesto, the South line ofsaid Section H 52 degreesfor a distance of 496.00 feet to the point of Beginning; thence S 37 degrees 211 10" E for distance of 225.00 festj thence S 52 degrees 3811 for of 1I feet to a point of curvature of a curve to the right having a radius of 25.00 feet; thence Northwesterly alongthe areofsaidcurve central angle of 90 degrees, 001 00" for a distance of 39.27 feet to a point of tangency on maid Easterly right of way line ofStateRoad 1 degrees 1 • • said Easterly right of way line for a distance of 125.00 feet; thence N 52 degrees 38, 500 9 for a distance of 200.00 feet; thence N 37 # • I for distance of 75.00 feetj Togetherthence N 52 degrees 36' 50*1 E for a distance of 296.00 feet to the point of beginning. A portion of Section 15, Township 24 South, Range 37 Sam Brevard County, Florida, more particularly described • f Begin at a point Road #. I 100. 1 foot of #. point # , 2448.56 feet North of as measured at right angles to the South line of saidSectionthenceNorth degrees 1... for a distance of 200.00 feet; thence South 37 degrees 211 101, East, for distance of 75-00 festj thence South degrees 381 50" Went, for a distance of 200.00 feet to a point on # of # degrees 10" West along said Easterly right of way line, for a distance of 75.00 feet to the point of beginning. ,area d HERE;P'r P Td -Y ¢rat €:gear above and forgoing 6s n ", ":.aFr apt urs >firwadtetl in tris office. Exhibit "B" r ! SCQTT,1N.S � mycourt F: \ D j \ D D MOWFUR 003 11110161TIM q 4 4 1:4,800 or 1 inch = 400 feet Buffer Distance: 500 feet This map was compiled from recorded documents and does not reflect an actual survey. The Brevard County Board of County Commissioners does not assume responsibility for errors or omissions hereon, Buffer Subject Property _J Notify Property = Parcels Produced by the Brevard County Planning and Zoning Office - GIS Section Date: 2/14/2013 Action: Parcel Info Distance 0 W Decrease Zoom Bar I Aerial View Range Increase Nffttl�, MM Attention: The I level must be H click to select tf parcel. https://www.brevardi)ro-oertvaDDraiser.comlscrit)tslesriman.dll?Name=Brev2rci I krCMC`1=7n 9/1 Q/?()l 11 View Map Aerial Change Locate Parcel ID Zoom to Brevard County Printable Versioi Map Previ Check below the Parcels Schools RoadNames I Water Update F�ek) L,eg MM Attention: The I level must be H click to select tf parcel. https://www.brevardi)ro-oertvaDDraiser.comlscrit)tslesriman.dll?Name=Brev2rci I krCMC`1=7n 9/1 Q/?()l 11 I ITKIM, rIj Dana Blickley Property Property Appraise,11 Www ger Brevard County, FL 1.0h, I �OR%0�- "110' Research 6104rY A00 ----------- - — ------- General Parcel luftwmation for 2T,37-15-00-00804.0-0000.00 2011 1'rini 24 -37 -15 - Id: 00-00804.0 1-0000.00 1 IM MKNM� NOME M MILM M For site address information only, please contact Brevard County Address Assignment at (321) 690-6846, Ext. 1, or you may " email them atA-d0f�.s.s.,.A.Ssil.,L Tax infortnal�on is avaHaWe a� Lhe Browl'.Vd Co.�i��,yj'ax -'oflector's wel,) s'�Ie (Select the back button to return to the Property Appraiser's web site) Owner Inforination Abbreviated Description PART OF SE 1/4 AS DESC IN ORB '3677 PG 4215 Land Information Acres: --��2,56 Site Code: I -LAQ * This is the value established for ad valorem purposes in accordance with s.193.011(1) and (8), Florida Statutes. This value does NOT represent anticipated selling price for the property. ** Exemptions as reflected on the Value Summary table are applicable for the year shown and may or may not be applicable if an owner change has occurred. https://www.brevardpropert-yap-praiser.com/asl)/Show t)areel.aSD?acct--2430971&gen=T&t... 2/19/2011 iSecondISI Name: . . ......... N P B OX 9002 �City, State, I PE CANAVERAL, FL 2ipcode: 52920 Abbreviated Description PART OF SE 1/4 AS DESC IN ORB '3677 PG 4215 Land Information Acres: --��2,56 Site Code: I -LAQ * This is the value established for ad valorem purposes in accordance with s.193.011(1) and (8), Florida Statutes. This value does NOT represent anticipated selling price for the property. ** Exemptions as reflected on the Value Summary table are applicable for the year shown and may or may not be applicable if an owner change has occurred. https://www.brevardpropert-yap-praiser.com/asl)/Show t)areel.aSD?acct--2430971&gen=T&t... 2/19/2011 The additional exemption does not apply when calculating taxable value for school districts pursuant to amendment 1. Sales Information * "* Sales Screening Codes and Sources are from analysis by the Property Appraiser's staff. They have no bearing on the prior or potential marketability of the property. Extra Feature Information Extra Feature Description Units PAVING 22460 Proposed Taxes 201.2 Roll backTaxes 2(:112 Taxing Authorities Taxes Billed Taxing Authorities Taxes Billed Ad Valorem Ad Valorem County $2,628.89 County $2,673.05 School $3,693.65 School $3,768.97 City and/or MSTU $1,858.65 City and/or MSTU $1,860.87 Water Management $151.15 Water Management $156.81 SP District $15.74 SP District $15.56 ,Debt Payment $71.951 Debt Payment $71.95 Total A"V Valorem $8,420.03 Total Ad Valorem $8,547.211 Data Last Updated: Tuesday, February 19,2013- Printed On: Tuesday, February 19, 2013. New Search it Help- I https://www.breva,rdpropertyappraiser.com/asl)/Show i)arcel.asD?acct=2430971&r7en--T&t... 2/19/2013