HomeMy WebLinkAboutAgenda Packet 02-02-1999City of Cape Canaveral
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
February 2, 1999
7:00 P.M.
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
CONSIDERATIONS:
1. Motion to Approve: County -wide Emergency Services Mutual Assistance Agreement
RESOLUTIONS:
2. Motion to Approve: Resolution No. 99-02, Supporting Deep -Well Injection
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, SUPPORTING DEEP -
WELL INJECTION OF POTABLE WATER BY-PRODUCT.
DISCUSSION:
3. Sign Ordinance, Original Proposed Amendments
4. C-2 Zoning District
5. Tentative Agreement with the Canaveral Port Authority for Reclaimed Water
REPORTS:
6. City Manager's Report
AUDIENCE TO BE HEARD:
Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to
five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda.
The Council may schedule such items as regular agenda items and act upon them in the future.
g:\cityclk\agenda\regular\1999\02-1-99 doc.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (407) 868-1200 9 FAX (407) 799-3170 • http://fcn.state.fl.us/cape/
City Council Regular Meeting Agenda
February 2, 1999
Page 2
REPORTS CONTINUED:
ADJOURNMENT:
Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal
any decision made by the City Council 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. Persons with disabilities
needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours
in advance of the meeting.
G:\CityClk\AGENDA\REGULAR\1999\02-1-99.doc
Meeting Type: Regular
Meeting Date: 02-02-99
AGENDA
Heading
Considerations
Summary Explanation & Background:
Item
No.
1
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: COUNTY WIDE EMERGENCY SERVICES MUTUAL ASSISTANCE AGREEMENT
DEPT. /DIVISION:FIRE/PUBLIC SAFETY
Requested Action:
That the City Council consider approval of this agreement as recommended by Chief Sargeant.
Summary Explanation & Background:
This is a county wide emergency service mutual assistance agreement that will not apply to major disastirs or
catastrophic disasters, which are covered by our statewide mutual aid agreement. This agreement formulates the
mutual aid that is already being requested or given between the various fire departments.
Chief Sargeant will be in attendance to answer any questions or concerns you may have.
I recommend approval.
Exhibits Attached:
Interlocal Agreement
City Manager's Office
(Signature) Bennett C. Boucher, Kmm
Department FIRE/PUBLIC SAFETY
g:/admin/council/meeting/1999/02-02-99/mutual.doc
INTERLOCAL AGREEMENT
COUNTY WIDE EMERGENCY SERVICES
MUTUAL ASSISTANCE AGREEMENT
THIS AGREEMENT, is made and entered into this day of 1998,
by and between the undersigned parties representing emergency service agencies in Brevard
County, Florida.
RECITALS:
WHEREAS, it is the intent and purpose of this Agreement to provide for mutual assistance
under normal operations, and this Agreement is not intended to apply to "major disasters" or
"catastrophic disasters" as those terms are defined in Chapter 252, Florida Statutes.
WHEREAS, each of the undersigned parties has an interest in promoting the protection of life
and property; and
WHEREAS, each of the undersigned parties maintains an emergency service organization to
serve and benefit the public located within Brevard County, Florida and the boundaries of their
respective response area; and
WHEREAS, each of the undersigned parties desires to seek from the other, from time to time,
the benefits of Mutual Assistance in fire protection, firefighting, and emergency services; and
WHEREAS, each of the undersigned parties believes that this Mutual Assistance Agreement is
in the best interest of the public health, safety, and welfare
NOW THEREFORE, in consideration of the mutual promises and conditions contained herein,
it is agreed between the undersigned parties as follows:
1.0 Recitals: The foregoing recitals are true and accurate and are fully incorporated
herein by this reference.
2.0 Definitions: The following words and phrases shall have the following meaning
ascribed unless the context clearly indicates otherwise:
2.1 "Requesting Party" shall mean any party requesting Mutual Assistance for its own
Response Area from the Assisting Party.
2.2 "Assisting Party" shall mean any party providing Mutual Assistance to the
Requesting Party.
2.3 "Response Area" shall mean the jurisdictional boundaries within Brevard County,
Florida, in which a particular party has been designated to provide fire protection, firefighting,
and emergency services.
2.4 "Mutual Assistance" shall mean the fire protection, firefighting, and emergency
service personnel and equipment dispatched by any Assisting Party to any Requesting Party
pursuant to this Agreement.
2.5 "Location" shall mean the precise location in which the Requesting Party has
directed the Assisting Party to dispatch Mutual Assistance.
2.6 "Written Protocol" shall mean standard operating and procedural guidelines
established to provide guidance for the management of emergency and non -emergency requests
for service or situation. Normally referred to as Standard Operating Guidelines (SOG),
Department Protocol (DP), or Standard Operating Procedures (SOP).
3.0 Requesting Mutual Assistance. A Requesting Party may request, from time to
time, Mutual Assistance from an Assisting Party. The request for Mutual Assistance shall be
communicated in accordance with Written Protocol or verbally, to the Fire Chief, or designee
thereof, of the Assisting party. If the Assisting Party elects, at its sole and absolute discretion, to
provide Mutual Assistance, the Assisting Party shall dispatch Mutual Assistance as directed by
the Requesting Party. A Requesting party shall only request Mutual Assistance for a particular
Location within its Response Area.
4.0 Dispatch of Equipment and Personnel. Any equipment and personnel
dispatched by an Assisting party pursuant to this Agreement shall be subject to the following
terms and conditions:
4.1 Prior to making a request for Mutual Assistance, the Requesting Party shall have
determined that Mutual Assistance from the Assisting Party shall be necessary.
4.2 Tile Requesting Party's communication (in accordance with Written Protocol or
verbally) for Mutual Assistance shall specify the type and amount of equipment and number of
personnel needed from the Assisting Party and shall also specify the Location to which the
equipment and personnel is to be dispatched.
4.3 The officer in charge of the Assisting Party shall report to the officer in charge of
the Requesting Party as the Location. In the event the Requesting Party's officer in charge is not
at the Location when the Assisting Party's officer in charge in charge arrives at the Location, the
Assisting Party's officer in charge shall assume command at the Location until the Requesting
Party's officer in charge relieves the Assisting Party's officer in charge of command.
4.4 The requesting Party shall be in charge at the Location and the Assisting Party
shall be subject to the direction and orders of the Requesting Party,
4.5 The Requesting Party shall release the Assisting Party's equipment and personnel
at the time the Assisting Party's equipment and personnel are no longer required at that Location
or at the time the Assisting Party notifies the Requesting Party that Assisting Party's equipment
and personnel are needed within Assisting Party's own Response Area.
4.6 The fire chief, or designee thereof, of the Assisting Party shall have the sole and
absolute discretion as to the amount and type of equipment and number of personnel to be
furnished to the requesting Party.
4.7 All equipment provided by the Assisting Party under this Agreement shall be
owned or legally possessed by the Assisting Party.
4.8 All personnel provided by the Assisting Party shall be either an employee or
volunteer of the Assisting Party.
5.0 Reimbursement. Requesting Party shall have no obligation to reimburse
Assisting Party for any costs incurred by Assisting Party as a result of providing equipment and
personnel to a Requesting Party.
6.0 Liability, To the extent permitted by law, and without waiving sovereign
immunity, each party to this Agreement shall be responsible for any and all claims, demands,
suites, actions, damages, and causes of action related to or arising out of or in any way connected
with its own actions, and the actions of its personnel, in providing Mutual Assistance rendered or
performed pursuant to the terms and conditions of this Agreement.
7.0 No Duty to Perform. No word, phrase, sentence, paragraph, or other language
contained in this Agreement shall be construed to provide a duty to perform the Mutual
Assistance permitted herein. The provision of Mutual Assistance is strictly volunary and any
refusal or failure to authorize Mutual Assitance by any party shall not subject that party to any
liability whatsoever.
8.0 Termination. Any party may terminate its participating under this Agreement,
without cause or penalty, by providing at least thirty (30) days written notice to all other parties
still participating in this Agreement at the time of notice. The notice shall be delivered by
Certified Mail, Return Receipt Requesting, or by hand delivery. The termination by one party
shall not effect the effectiveness of this Agreement as to the other parties that have not
terminated this Agreement, unless only one party remains after the most recent termination, then
the entire Agreement shall be terminated forever.
9.0 Modification. This Agreement may only be modified, altered, or amended, in
whole or in party, by a written instrument setting forth such changes and signed by all parties
participating in this Agreement at the time of said modification, alteration, or amendment.
10.0 Supplemental to Other Agreements. This Agreement shall be deemed
supplemental to, or in addition to, any similarly type written agreement between any of the
parties hereto.
11.0 Governing Law. This Agreement shall be governed by the laws of the State of
Florida.
12.0 Entire Agreement, This Agreement constitutes the entire Agreement and
understanding between the parties, or oral communications and understandings are hereby
deemed void and merged into this.Agrecment.
13.0 Notices. Unless otherwise provided herein, all notices to the parties to this •
Agreement shall be delivered by U.S. mail or by hand delivered to the parties' Fire Chief, or
designee thereto, at the appropriate address.
14.0 Initial Effective Date. This Agreement shall become effective on the day the last
of the parties listed below has properly executed this Agreement.
15.0 Counterparts, This Agreement may be executed in two or more counterparts,
each of which may be executed by one or more parties hereto, but all of which, when delivered
and taken together, shall constitute but one Agreement binding upon all the parties hereto.
16.0 Additional Parties. Additional parties may be added to this Agreement,
providing the additional party executes this Agreement, and any amendments thereto, and agrees
to all the terms and conditions therein. In addition, prior to executing this Agreement, any
additional party must first secure the written approval to become a party from all parties then
participating in this Agreement.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands
on the dates shown below:
ATTEST:
Signature
Print Name
Print Title
Date
CITY OF CAPE CANAVERAL:
Signature
Print Name
Print Title
Date
ATTEST:
Signature
Print Name
Print Title
Date
ATTEST:
Signature
Loredana Kalaghday (illegible)
Print Name
City Clerk
Print Title
December 17, 1998
Date
ATTEST:
(Signature) Laura Eaton
Signature
Laura Eaton
Print Name
Town Clerk
Print Title
December 16, 1998
Date
CITY OF COCOA:
Signature
Print Name
Print Title
Date
CITY OF COCOA BEACH
(Signature) Joseph R. Morgan
Joseph R. Morgan
Print Name
Mayor
Print Title
December 17, 1998
Date
TOWN OF INDIALANTIC:
(Signature) Robert Cochran, Jr
Robert Cochran, Jr.
Print Name
Mayor
Print Title
December 16, 1998
Date
ATTEST:
Ruth H. Grisby, CMC
Signature
Ruth H. Grigsby, CMC
Print Name
City Clerk
Print Title
December 8, 1998
Date
ATTEST:
Signature
Print Name
Print Title
Dale
ATTEST:
Signature
Cathleen A. Wysor, CMC
Print Name
City Clerk
Print Title
January 11, 1999
Date
CITY OF INDIAN HARBOUR BEACH:
Steve Hand
Signature
Steve Hand
Print Name
Mayor
Print Title
December 8, 1998
Date
TOWN OF MALABAR
Signature
Print Name
Print Title
Date
CITY OF MELBOURNE
Henry J. Hill
Signature
Henry J. Hill
Print Name
City Manaer
Print Title
January 11, 1999
Date
ATTEST:
Cynthia E. Masny
Signature
Cynthia E. Masny
Print Name
Town Clerk
Print Title
December 17, 1998
Date
ATTEST:
Alice Passmore
Signature
Alice Passmore
Print Name
City Clerk
Print Title
Approved RCM No. 98-43, 12-17-98
ATTEST:
Betsi Beatty Moist
Signature
Besti Beatty Moist
Print Name
City Clerk
Print Title
December 2, 1998
Date
TOWN OF MELBOURNE BEACH:
Nancy Ciummo
Signature
Nancy Ciummo
Print Name
Town Manager
Print Title
December 17, 1998
Date
CITY OF PALM BAY
John J. Mazziotti
Signature
John J. Mazziotti
Print Name
Mayor
Print Title
Approved RCM No. 98-43, 12-17-98 Approved RCM No. 98-43, 12-17 98
Date Date
CITY OF ROCKLEDGE:
John J. Oates
Signature
John J. Oates
Print Name
Mayor
Print Title
December 2, 1998
Date
ATTEST:
Mary E. Rogers
Signature
Mary E. Rogers, CMC
Print Name
City Clerk
Print Title
July 20, 1998
Date
ATTEST:
Signature
Print Name
Print Title
Date
ATTEST:
Signature
Print Name
Print Title
Date
CITY OF SATELLITE BEACH:
David R. Schechter
Signature
David R. Schechter
Print Name
Mayor
Print Title
July 20, 1998
Date
CITY OF TITUSVILLE:
Signature
Print Name
Print Title
Date
BOARD OF COUNTY COMMISSIONEILS
OF BREVARD COUNTY, FLORIDA:
Signature
Print Name
Print Title
Date
ATTEST:
Signature
Print Name
Print Title
Date
ATTEST:
Signature
Print Name
Print Title
Date
ATTEST:
Donald N. Molitor
Signature
Donald N. Molitor
Print Name
Secretary/Treasurer
Print Title
January 20, 1999
Date
HARBOR CITY VOLUNTEER
AMBULANCE SQUAD:
Signature
Print Name
Print Title
Date
COASTAL HEALTH SYSTEMS:
Signature
Print Name
Print Title
Date
CANAVERAL PORT AUTHORITY:
Raymond P. Sharkey
Signature
Raymond P. Sharkey
Print Name
Chairman
Print Title
January 20, 1999
Date
Meeting Type: Regular
Meeting Date: 02-02-99
AGENDA
Heading
Resolutions
Item
No.
2
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 99-02, SUPPORTING DEEP -WELL INJECTION OF POTABLE WATER
BY-PRODUCTS
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider approval of this resolution asking the state legislature to reclassify reverse
osmosis concentrate from FDEP's industrial wastewater to a separate class and to establish permitting,
enforcement, and monitoring regulations.
Summary Explanation & Background:
See attached resolution.
Exhibits Attached:
Resolution No. 99-02
City Manager's Office
(Signature) Bennett C. Boucher, lKmm
Department LEGISLATIVE
g:/admin/council/meeting/1999/02-02-99/99-02.doc
RESOLUTION NO. 99-02
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
FLORIDA, SUPPORTING DEEP -WELL INJECTION OF
POTABLE WATER BY-PRODUCT.
WHEREAS, more and more water suppliers in the State of Florida must rely on
brackish groundwater supplies to meet the demands of current development and projected
growth.
WHEREAS, the reverse osmosis treatment process is required to treat brackish
groundwater to drinking water standards and this process produces a by-product known
as reverse osmosis concentrate; and
WHEREAS, reverse osmosis concentrate is classified and regulated as an
industrial wastewater under the Florida Department of Environmental Protection (FDEP)
permitting and enforcement rules and regulations along with by-products from industrial
facilities such as chemical manufacturers, pulp and paper mills, paint manufacturers, etc.;
and
WHEREAS, there are few environmentally acceptable and economically feasible
alternatives for disposal of reverse osmosis concentrate, including surface water
discharge and deep well injection, and the feasibility of those alternatives is severely
restricted by the regulations that apply to industrial wastewater discharges; and
WHEREAS, deep well injection is the preferred disposal alternative because the
concentrated well water is more compatible with the background of its underground
source than it would be if discharged to Florida" sensitive surface waters; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cape Canaveral, Florida, that legislation be enacted reclassifying reverse osmosis
concentrate from an industrial wastewater to a separate class; e.g., potable water by-
product, and developing permitting and enforcement standards, including monitoring and
disposal considerations, that are more suited to a potable water by-product discharge.
SECTION 1. The City Council does hereby support the effort to enact legislation
reclassifying reverse osmosis concentrate from an industrial wastewater to a separate
class.
SECTION 2. The City Council encourages all government entities throughout
Brevard County to support this proposed legislation.
SECTION 3. A copy of this resolution shall be forwarded to the Florida
Department of Environmental Protection.
SECTION 4. This resolution shall become effective immediately upon its
adoption.
DONE AND RESOLVED at a regular meeting of the City Council on the 1st
day of February 1999.
Rocky Randels, MAYOR
ATTEST:
Sandra Rozar Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
Rocky Randels, MAYOR
FOR AGAINST
BURT BRUNS
TONY HERNANDEZ
BUZZ PETSOS
ROCKY RANDELS
RICHARD TREVERTON
Meeting Type: Regular
Meeting Date: 02-02-99
AGENDA
Heading
Discussion
Board on 01-28-98.
Item
No.
3
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORIGINAL SIGN CODE AMENDMENTS
DEPT./DIVISION: P&Z/GROWTH MANAGEMENT
Requested Action:
That the City review and comment on the original amendments to the sign codes recommended by the P&Z
Board on 01-28-98.
Summary Explanation & Background:
City Council hear the concerns of the city attorney, building department staff, business owners and residents to
clarify some ambiguous language within the existing code.
Mr. Bill Mays, local business owners, was faxed on 01-26-99 a copy of my memo.
Please advise.
Exhibits Attached:
Please bring city manager memo of 01-26-99 with you.
City Manager's Office
(Signature) Bennett C. Boucher/ Kmm
Department P&Z/GROWTH MGMT
g:/admin/council/meeting/1999/02-02-99/sign.doc
Memo
To: Mayor & Council Members
From: Bennett Boucher, City Manage
CC: Dennis Franklin, Building Official
Date: 01/26/99
Re: Discussion on original P & Z sign code amendments
At our last City Council meeting, the City Attorney advised that City Council
should revisit the original sign code amendments as recommended by the
Planning & Zoning Board at their January 28, 1998 meeting.
The City Attorney advised that technical and ambiguous language in the
existing code is causing problems with staff and applicants and the Planning &
Zoning Boards recommendation was an attempt to correct these problems.
The attached documentation outlines the reasoning for the code
amendments and the original proposed recommendation from P & Z.
A copy of this memo and supporting documentation will be delivered to
Mr. Mays, since this will be a discussion item at our February 2nd City Council
meeting.
0 Page 1
PROPOSED AMENDMENTS
TO CHAPTER 94
SIGNS
PROPOSED BY: G. J. Moran, CBO, Building Official July 15, 1997
Sec. 94 - 1 Definitions:
Street right-of-way means the property line which bounds the right-of-way set aside for
use as a street.
(Reason: there presently is no definition in the sign section for right-of-way, this
definition matches that used in zoning and other sections of the codes)
Shopping center / Multi tenant center means a building with two or more businesses.
(Delete balance)
(Reason: present definition does not take into account that a Multi -business center may,
or may not, display or sell merchandise, i.e.; offices, medical or dental centers, etc.)
Animated/Flashing Sign means any sign which uses lights that flash or alternate or
which includes action motion or illusion of motion, designed electronically, usually to
give messages by means of slight progressive changes. This definition shall also include
signs with rotating panels, generally referred to as tri -vision signs.
(Reason: clarifies that signs using a sequential program of dashing lights that are
commonly referred to as electronic message boards and operate so fast that the human
eye cannot detect the flash are also deemed flashing signs)
Sec. 94 - 4 Exemptions:
(1) Signs (delete painted) on the exterior surface of buildings, in accordance with section
94 - 96, (a), (4), 94 - 97, (a), (4), and 96 - 98, (a), (4).
(Reason: present wording gives the impression that signs painted on the exterior are
exempt, most individuals do not check the sections indicated, this change would remove
the impression)
(2) Decals affixed to, or signs painted on, equipment, fuel pumps or other types of
vending equipment used for dispensing retail products.
(Reason: store fronts and canopies are regulated under wall signs.)
(10) Signs consisting of an arrangement of a group of single cutout letters when securely
(continued page 2)
Page 2
fastened to a building or structural part of a building, in accordance with section 94 - 96,
(a), (4), 94 - 97, (a), (4), and 96 - 98, (a), (4).
(Reason: by being specific as to which sections and subsections apply will eliminate
confusion as to exactly what is exempt)
Sec. 94 - 6. Prohibited signs and sign features.
(c) Signs on right-of-ways. signs, except for those which are property of the state, city or
county, shall not be erected, posted, painted, tacked, nailed or otherwise placed or located
on or above any street right-of-way. All such signs are subject to immediate removal
by the city.
(Reason: provides the provision that these illegal signs may be removed by the city,
without notification or code enforcement action as stated elsewhere in the code)
(d) Animated/Flashing signs are hereby prohibited.
(Reason: as most message boards use a series offlashing lights that are too fast to
observe with the naked eye, this removes any confusion that they are also prohibited)
(h) (new sub -section) Off-site/off premises sign. Any sign not related in its subject
matter to the premises on which it is located is prohibited.
(Reason: clarifies that not only off-site, but also off premises are the same, as already
stipulated in the definitions section)
Sec. 94 - 63. Lighting.
Renumber existing paragraph, Number (a).
Add (b). Electric signs shall comply with Article 600 of the National Electric Code.
(Reason: existing requirements only refer to exterior light sources, this addition corrects
that omission, the NEC Article 600 regulates interior wiring and lighting, the city has
adopted the NEC)
Sec. 94 - 64. Criteria and standards for measurement and placement.
(a) Area. The permitted area of signs, in all zonings, unless otherwise specified in this
chapter, is dependent on street frontage of the property and shall be computed on the
basis of one square foot of sign area for each lineal foot of property frontage up to the
maximum area specified in each zoning section. This computation shall not serve to
limit a sign area to less than 32 square feet, except shopping center / multi use centers.
Wall signs shall be computed on the basis of one square foot of sign area for. each
(continued page 3)
Page 3
lineal foot of building or tenant space frontage up to the maximums allowed in each
zoning section. For the purpose of determining area, the total area of a sign is that within
the smallest parallelogram, triangle, circle or semicircle or combinations thereof which
will completely enclose the outside perimeter of the overall sign, including the border, if
any, but excluding supports. Three dimensional signs shall be measured at the largest
vertical cross section.
(Reason: this change clarifies the procedure used for the way to measure but places the
actual allowable amount of square footage in the zoning classification to eliminate
confusion. it also incorporates a simplified formula for the calculation of wall signs)
(g) Size limit. No sign shall be supported so that the uppermost edge is more than 30 feet
above the ground. This subsection shall not apply to any sign on the face of the building.
Any allowable individual sign shall not exceed 150 feet on its largest front.
(Reason: clarification on maximum size allowed)
Sec. 94 - 78. Political signs.
(d). Written consent. Any political sign placed on any commercial or industrial zoned
property within the city limits must have on file with the building department
written consent from the property owner prior to placement. Written permission of
the property owner is not required for placement of signs in residentially zoned districts.
(Reason: to delete requirements for permits per Florida State Statute 479.16, (14) )
(e). Deposit. A deposit as set forth in appendix B to this Code shall be paid to the city
before any political signs are erected. The deposit shall be refunded, provided allsigns
are removed within ten days of the election in which the candidate's name appears. If all
or any portion of the signs are not removed within the ten day allowance, the actual
cost of such removal will be charged to the candidate, minus the deposit.
(Reason: to comply with the requirements of Florida State Statute 106.1435, (2) and (5).)
NO OTHER CHANGES TO SECTION.
Sec. 94 - 81 Temporary off - premises signs.
(d) (last sentence) In the case of a public interest sign, a sign may be erected no more
than once a year, without written approval from the building official. If a public
interest sign is erected more than once a year, written approval from the building
official is required. Each public interest sign must be removed no later than five days
after the special event has concluded provided, however, that a public interest sign may
not be erected for more than a total of 30 days.
(Reason: there are cases when more than once a year is appropriate, i.e.: shuttle
launches and landings, this allows individual evaluation and approval of such requests)
(continued page 4)
Page 4
Sec. 94 - 83. Awnings and canopies.
(a) An awning shall include any structure, fixed, or capable of being raised or lowered,
made of fire resistant cloth, metal or plastic with a metal frame attached to a building and
may not project over a public sidewalk or thoroughfare. An awning shall be
supported entirely by the building without the use of ground supports.
(Reason: clarifies the intent and deletes the allowance for awnings over city owned
sidewalks and roadways)
(b) A canopy shall include any structure other than an awning, made of fire resistant
cloth, plastic or metal with metal frames attached to a building and supported, in part,
or entirely, by the ground . A canopy may not project over a public sidewalk or
thoroughfare.
(Reason: same as (a) above)
(c), (2). All such awnings and canopies or portions of such awnings and canopies shall be
not less than nine feet above the level of any private sidewalk or walkway.
(Reason: correlates overhead clearance with the requirements of the Standard Building
Code as adopted by the city and deletes reference to widths as this is irrelevant.)
Sec. 94 - 97. R - 2 medium density residential district.
(a), (5), b. One wall sign on main structure, with a maximum area of 150 square feet.
(Reason: for apartments and condominium projects that may contain two or more
structures this change allows only the main structure to have signs and also states the
maximum allowed)
Sec 94 - 98. R - 3 medium density residential district.
(a), (5), b. One wall sign on main structure, with a maximum area of 150 square feet.
(Reason: same as Sec. 94- 97 above)
Sec. 94 - 99. C - I low density commercial district and M - 1 light industrial and research
and development district.
(a) Number (5). It is staff's recommendation that this section be rewritten to read:
(5) a. A total of three (3) of the following signs are permitted.
b. One (1) ground sign per street or road frontage to be calculated at one (1)
square foot of sign area per lineal foot of street or road frontage to a
maximum of 150 square feet, a maximum height of 30 feet above the edge of
the pavement adjacent to the sign with a maximum width of 25 feet.
(continued page 5)
Page 5
c. One (1) wall sign calculated at one (1) square foot of sign face per lineal foot
of building frontage to a maximum of 150 square feet to be placed on the
building parallel to the street or road.
d. One (1) wall sign on each end of the building (2 maximum), perpendicular to
the street or road, calculated at one (1) square foot of sign face per lineal foot
of building width for each sign, with a maximum sign face of 150 square feet.
e. One marquee sign parallel to the street or road, with a maximum sign face
area of 96 square feet.
Balance of section to remain the same.
(Reason: brings the applicable calculations to the code .section that contains the choices
and clarifies the types and placement of the allowable signs/ it is also staff's opinion that
roof signs be prohibited entirely due to the extreme wind loads placed on this type of a
structure during a hurricane and the proven'damage and life safety issues involved
pertaining to airborne debris.)
Sec. 94-100. Shopping center in any district
It is staff, s opinion that this section be re -titled:
Sec. 94-100. Shopping Center or Multi -Tenant Center in any district. (see revised
definition)
Revise number (a), (4) to read:
(4) One (1) wall sign per tenant space calculated at one (1) square foot of sign face
for each lineal foot of tenant space building frontage to a maximum of 150
square feet.
Revise number (a), (6) to read:
(6) The following signs are permitted in a Multi -tenant center:
a. One ground sign per street or road frontage calculated at one (1) square foot
of sign face per lineal foot of street or road frontage to a maximum of 150
square feet, a maximum height of 30 feet above the edge of the pavement
adjacent to the sign, and a maximum width of 25 feet.
b. One (1) wall sign on each end of the building (maximum of 2), perpendicular
to the street or road frontage, calculated at one (1) square foot of sign face per
lineal foot of building width for each sign, with a maximum sign face of 150
square feet.
Balance of section to remain the same.
(continued page 6)
Page 6
(Reason: as most Multi- tenant buildings are located in C-1 & M--1 Zoning Districts the
allowances should be similar. It is also staff's opinion that individual tenants in any
multi -use building should be allowed to have a wall sign, but it be restricted and in
proportion to the space leased or rented.)
(see proposed amendments —Automotive Service Stations.
Page 7
SIGN CODE
ADDITIONAL AMENDMENTS
AUTOMOTIVE SERVICE STATIONS
THE FOLLOWING ARE SUGGESTED REQUIREMENTS RELATING TO
AUTOMOBILE SERVICE STATIONS THAT THE PLANNING & ZONING BOARD
MAY WISH TO CONSIDER:
(create new section 95-1 as follows)
Sec. 95-1. Automotive Service Station Allowed By Special Exception In C-1 Zoning
District.
(a) The following signs are permitted in the C-1 low density commercial district for
automotive service stations.
(1). One (1) ground or pole sign located on the primary street or road frontage to be
calculated at one (1) square foot of sign area per lineal foot of primary street or road
frontage to a maximum of 150 square feet, a maximum height of 30 feet above the
edge of the pavement adjacent to the sign with a maximum width of twenty five feet.
(2). One (1) wall sign calculated at one (1) square foot of sign face per lineal foot of
building frontage to a maximum of 150 square feet to be placed on the building
parallel to the street or road.
(3). A choice of the following:
a. One (1) wall sign on each end (maximum of two (2)) of the main building,
perpendicular to the street or road frontage, calculated at one (1) square foot of sign
face per lineal foot of building width for each sign with a maximum sign face of 150
square feet.
OR:
b. One (1) wall sign on each end (maximum of two (2)) of a permanent fixed
canopy over fuel dispensing equipment, perpendicular to the street or road
frontage, calculated at one (1) square foot of sign face per lineal foot of canopy roof
for each sign with a maximum sign face of 150 square feet.
(continued page 8)
Page 8
Sec. 95-2. THE FOLLOWING AUTOMOTIVE SERVICE STATION SIGNS ARE
EXEMPT FROM PERMITTING REQUIREMENTS:
(1). Fuel dispensing pump signs (signs on pumps must be an integral part of the
pump structure)
(2). Rack or cabinet signs. (signs that are an integral part of a rack or cabinet; such
as display of oil or wiper blades, etc.)
(3). The following signs are specifically prohibited:
a. Attention -getting devices. Banners streamers, whirligigs, flashing,
intermittent electrical or iridescent devices.
b. Any sign not specifically permitted.
ORDINANCE NO. 11-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 94,
SIGNS, BY AMENDING CERTAIN DEFINITIONS, EXCEPTIONS,
PROHIBITED SIGNS, LIGHTING, CRITERIA, STANDARDS,
POLITICAL SIGNS, OFF -PREMISES SIGNS, AWNING AND
CANOPIES AND CERTAIN DISTRICT REGULATIONS
REGARDING THE NUMBER AND SIZE OF SIGNS; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECTION 1. Section 94-1, Definitions, is hereby amended by the deletion of the
definition for Shopping Center and adoption of a new definition therefore, and the addition of a
new definition for Street Right -of -Way and Animated/Flashing Signs, as follows:
Shopping Center or Multi Tenant Center means a building with two or more
businesses.
Street Right -of -Way means the property line which bounds the right-of-way set aside
for use as a street.
Animated/Flashing Signs means any sign which uses lights that flash or alternate or
which includes action motion or illusion of motion, designed electronically, usually to
give messages by means of slight progressive changes. This definition shall also include
signs with rotating panels, generally referred to as tri -vision signs.
SECTION 2. Section 94-4, Exemptions, is hereby amended by the deletion of
Paragraphs (1), (2), and (10), and the adoption of the following in lieu thereof:
(1) Signs on the exterior surface of buildings, in accordance with Section 94-96(a)(4),
94-97(a)(4), and 94-98 (a)(4).
(2) Decals affixed to, or signs painted on equipment, fuel pumps, or other types of
vending equipment used for dispensing retail products.
City of Cape Canaveral
Ordinance No. 11-98
Page 2
(10) Signs consisting of an arrangement of a group of single cutout letters when
securely fastened to a building or structural part of a building in accordance with
Section 94-96 (a)(4), 94-97 (a)(4), and 96-98 (a)(4).
SECTION 3. Section 94-6, Prohibited Signs and Sign Features, is hereby amended by
The deletion of paragraphs (c) and (d), and the adoption of new paragraphs (c) and (d), and the
Adoption of a new paragraph (h), as follows:
(c) Signs on right-of-ways, signs, except for those which are property of the state,
city or county, shall not be erected, posted, painted, tacked, nailed or otherwise
placed or located on or above any street right-of-way. All such signs are subject
to immediate removal by the city.
(d) Animated/flashing signs are hereby prohibited.
(h) Off-site/off-premises sign. Any sign not related in its subject matter to the
premises on which it is located is prohibited.
SECTION 4. Section 94-63, Li htin is hereby deleted in its entirety, and the following
are adopted in lieu thereof:
Sec. 94-63. Lighting.
(a) Gooseneck reflectors, spotlights, floodlights and other lights shall be permitted on
ground signs, roof signs and wall signs. However, the reflectors shall be provided
with proper glass lenses concentrating the illumination upon the area of the sign
so as to prevent glare upon the street or adjacent property.
(b) Electric signs shall comply with Article 600 of the National Electric Code.
SECTION 5. Section 94-64, Criteria and Standards for Measurement and Placement, is
hereby amended by the deletion of paragraphs (a) and (g) in its entirety, and the adoption
of the following in lieu thereof:
City of Cape Canaveral
Ordinance No. 11-98
Page 3
(a) Area. The permitted area of signs, in all zonings, unless otherwise specified in
this chapter, is dependent on street frontage of the property and shall be computed
on the basis of 1 square foot of sign area for each lineal foot of property frontage
up to the maximum area specified in each zoning section. This computation shall
not serve to limit a sign area to less than 32 square feet, except shopping
center/multi-use centers. Wall signs shall be computed on the basis of 1 square
foot of sign area for each lineal foot of building or tenant space frontage up to the
maximum allowed in each zoning section. For the purpose of determining area,
the total area of a sign is that within the smallest parallelogram, triangle, circle or
semicircle or combinations thereof which will completely enclose the outside
perimeter of the overall sign, including the border, if any, but excluding supports.
Three-dimensional signs shall be measured at the largest vertical cross section.
(g) Size limit. No sign shall be supported so that the uppermost edge is more than 30
feet above the ground. This subsection shall not apply to any sign on the face of
the building. Any Allowable individual sign shall not exceed 150 feet on its
largest front.
SECTION 6. Section 94-78, Political Signs, is hereby amended by the deletion of
paragraphs (d) and (e), and the adoption of the following in lieu thereof
(d) Written consent. Any political sign placed on any commercial or industrial zoned
property within the city limits must have on file with the building department
written consent from the property owner prior to placement. Written permission
of the property owner is not required for placement of signs in residentially zoned
districts.
(e) Deposit. A deposit, as set forth in appendix B to this Code, shall be paid to the
city before any political signs are erected. The deposit shall be refunded,
provided all signs are removed within 10 days of the election, which the
candidate's name appears. If all or any portion of the signs is not removed within
the 10 -day allowance, the actual cost of such removal will be charged to the
candidate, minus the deposit.
SECTION 7. Section 94-81, Temporary Off -Premises Signs, is hereby amended by the
deletion of paragraph (d) in its entirety, and the adoption of the following in lieu thereof.
(d) The signs may be erected 30 days prior to the opening of a new business or
construction of a new housing project and shall be removed no later than 60 days
after the opening or after housing construction has stopped. Stoppage of
construction shall be defined as the issuance of a certificate of occupancy (final or
temporary), or the construction has been abandoned (ceased) for a period of 3
months. In the case of a public interest sign, a sign may be erected no more than
City of Cape Canaveral
Ordinance No. 11-98
Page 4
once a year without written approval from the building official. If a public
interest sign is erected more than once a year, written approval from the building
official is required. Each public interest sign must be removed no later than 5
days after the special event has concluded, provided, however, that a public
interest sign may not be erected for more than a total of 30 days.
SECTION 8. Section 94-83, Awnings and Canopies, is hereby deleted in its entirety,
and the following is adopted in lieu thereof
Section 94-83. Awnings and canopies.
(a) An awning shall include any structure fixed, or capable of being raised or
lowered, made of fire resistant cloth, metal or plastic with a metal frame attached
to a building and may not project over a public (located in city rights-of-way)
sidewalk or thoroughfare. An awning shall be supported entirely by the building
without the use of ground supports.
(b) A canopy shall include any structure other than an awning, made of fire resistant
cloth, plastic or metal with metal frames attached to a building, and supported, in
part, or entirely by the ground. A canopy may not project over a thoroughfare or
public sidewalk.
(c) The following shall apply to awnings and canopies:
(1) Canopies and awnings may be constructed of fire resistant cloth, metal or
plastic, but all frames and supports shall be metal.
(2) All such awnings or portions of such awnings and canopies shall be not
less than 9 feet above the level of any private sidewalk or walkway.
(3) Every awning shall be securely attached to and supported by the building,
and posts or columns beyond the building line shall not be permitted.
When such building is less than 10 feet from public property, no awning
shall be attached to the wood jambs, frames or other wood members of the
building.
SECTION 9. Section 94-97 is hereby amended by the deletion of clause b. of
subparagraph (5) of paragraph (a) in its entirety and the adoption of the following in lieu thereof:
(a)(5)b. One wall sign on the main structure, with a maximum area of 150 square feet.
SECTION 10. Section 94-98, R-3 Medium Density Residential District, is hereby
amended by the deletion of clause b. of subparagraph (5) or paragraph (a) in its entirety, and the
City of Cape Canaveral
Ordinance No. 11-98
Page 5
adoption of the following in lieu thereof:
(a)(5)b. One wall sign on the main structure, with a maximum area of 150 square feet.
SECTION 11. Section 94-99, C-1 Low Density Commercial District and M-1 Light
Industrial and Research and Development District, is hereby amended by the deletion of
subparagraph (5) of paragraph (a) in its entirety, and the adoption of the following in lieu
thereof.
(a)(5) A total of three of the following signs are permitted:
a. One ground sign per street or road frontage to be calculated at 1 square
foot of sign per lineal foot of street or road frontage to a maximum of 150
square feet, a maximum height of 30 feet above the edge of the pavement
adjacent to the sign with a maximum width of 25 feet.
b. One wall sign calculated at 1 square foot of sign face per lineal foot of
building frontage to a maximum of 150 square feet to be placed on the
building parallel to the street or road.
C. One wall sign on each end of the building (maximum of 2), perpendicular
to the street or road, calculated at 1 square foot of sign face per lineal foot
of building width for each sign, with a maximum sign face of 150 square
feet.
d. One marquee sign parallel to the street or road, with a maximum sign face
area of 96 square feet.
SECTION 12. Section 94-100, Shopping Center in aa District, is hereby amended by
the adoption of a new title and by the deletion of subparagraphs (4) and (6) of paragraph
(a), and the adoption of the following in lieu thereof:
Section 94-100. Shopping Center or Multi -Tenant Center in any District.
(a)(4) One wall sign per tenant space calculated at one 1 square foot of sign face for each
lineal foot of tenant space building frontage to a maximum of 150 square feet.
(a)(6) The following signs are permitted in a Shopping Center or Multi -Tenant Center:
City of Cape Canaveral
Ordinance No. 11-98
Page 6
a. One ground sign per street or road frontage calculated at 1 square foot of
sign face per lineal foot of street or road frontage to a maximum of 150
feet, a maximum height of 30 feet above the edge of the pavement
adjacent to the sign, and a maximum width of 25 feet.
b. One wall sign on each end of the building (maximum of 2), perpendicular
to the street or road frontage, calculated at 1 square foot of sign face per
lineal foot of building width for each sign, with a maximum sign face of
150 square feet.
SECTION 13. Section 94-101, Automotive Service Station, is hereby established as
follows:
Section 94-101. Automotive Service Station. Notwithstanding any provisions of this
Chapter to the contrary, the following shall apply to automotive service stations:
(a) The following signs are permitted in the C-1 low density commercial district for
automotive service stations:
(1) One ground or pole sign located on the primary street or road frontage to
be calculated to one square foot of sign area per lineal foot of primary
street or road frontage to a maximum of 150 square feet, a maximum
height of 30 feet above the edge of the pavement adjacent to the sign with
a maximum width of 25 feet.
(2) One wall sign calculated at one square foot of sign face per lineal foot of
building frontage to a maximum of 150 square feet to be placed on the
building parallel to the street or road.
(3) A choice of the following:
a. One wall sign on each end (maximum of two) of the main
building, perpendicular to the street or road frontage, calculated at
one square foot of sign face per lineal foot of building width for
each sign with a maximum sign face of 150 square feet
or
b. One wall sign on each end (maximum of two) of a permanent fixed
canopy over fuel dispensing equipment, perpendicular to the street
or road frontage, calculated at one square foot of sign face per
lineal foot of canopy roof for each sign with a maximum sign face
of 150 square feet.
City of Cape Canaveral
Ordinance No. 11-98
Page 7
(b) The following automotive service station signs are exempt from permitting
requirements:
(1) Fuel dispensing pump signs (signs on pumps must be an integral part of
the pump structure).
(2) Rack or cabinet signs (signs that are an integral part of a rack or cabinet,
such as a display of oil or wiper blades, etc.)
(c) The following signs are specifically prohibited:
(1) Attention -getting devices, banners, streamers, whirligigs, flashing,
intermittent electrical or iridescent devices.
(2) Any sign not specifically permitted.
SECTION 14. Any ordinance, or parts of an ordinance, in conflict herewith are
repealed.
SECTION 15. if any section, paragraph, phrase, or word of this Ordinance is held to be
unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it
shall be construed to have been a legislative intent to pass this Ordinance without such
unconstitutional or invalid part.
SECTION 16. This Ordinance shall take effect immediately upon its adoption.
City of Cape Canaveral
Ordinance No. 11-98
Page 8
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
of
1998.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Joy Salamone
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
E\cityclerk\CityClk\Ordinances\Signs Amendment.doc
Meeting Type: Regular
Meeting Date: 02-02-99
AGENDA
Heading
Discussion
item
No.
4
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: C-2 ZONING DISTRICT
DEPUDIVISION: LEGISLATURE
Requested Action:
That the City Council review and comment on the proposed C-2 zoning district.
Summary Explanation & Background:
The (2) areas circled on the attached future land use map indicate the properties eligible for the C-2 district
regulations.
Please review the proposed regulations, permitted uses and uses by special exception and be prepared to discuss
any changes to the proposed ordinance.
Exhibits Attached:
Future land use map; Please bring city manager memo of 01-26-99
City Manager's Office
(Signature) Bennett C. Boucher/ Kmm
Department LEGISLATIVE
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Memo
To: Mayor & Council members
From: Bennett Boucher, City Manag
CC: Dennis Franklin, Building Official
Date: 01/26/99
Re: C-2 Zoning District
City Council will be discussing next Tuesday night, the creation of C-2 zoning district
regulations, permitted uses and special exceptions, to be incorporated within the city
land development code. The attached documentation will help you get acclimated
as to where we left off during this process.
You also may want to debate the merits of the city rezoning the these areas instead
of waiting for the property owners to apply for rezoning.
If you have any questions, please contact me anytime.
• Page 1
DISCUSSION:
7. (Tape 1, #823)Todd Peetz, City Planner, explained that the concept of the C-2 Zoning
District was derived from the initial issue of vacant buildings in the city. He stated that
businesses have inquired to establish sites along A1A, but was precluded due to the M-1
zoning. C-2 zoning would provide for both light industrial and commercial establishments,
creating more flexibility. He further stated that a prior current concern remains that of
reusing vacant buildings, more so than new development.
Mr. Bruns stated that other coastal cities are tightening development restrictions. How
would the C-2 zoning affect current restrictions?
Mr. Peetz related that it would create no density impact, it only allows for more flexibility.
He explained that R-3; multi -family districts provide more environmental impact.
Mr. Bruns stated that the city can not support a large commercial population, would it not
be better to maintain an industrial district that can support itself. He queried if the C-2
zoning would provide for more commercial transience.
Mr. Petsos stated that he essentially agrees that industrial supports itself, however, the C-2
provides for both and is intended to exclude the need for special exceptions.
Bea McNeeley, Planning & Zoning Chair, opined that industrial is not necessarily more
stable than commercial enterprises.
Jim Morris, business owner, stated that his business would immediately apply for the C-2
zoning if it passes.
Mr. Peetz stated that the C-2 ordinance can be considered separately or in conjunction with
the Evaluation and Appraisal Report Comprehensive Plan Amendment process, which will
begin in March or April. Council concurred to incorporate the C-2 zoning district into the
Evaluation and Appraisal Report process in March.
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CITY OF CAPE CANAVERAL
PROPOSED PLAN AMENDMENT CPA98-A
Applicant:
Location:
Acreage:
Current Future Land Use:
Proposed Future Land Use:
Current Zoning:
Proposed Zoning:
City of Cape Canaveral
Area 1:
Range: 37 Township: 24 Section: 15
NE Section of Town-remained M-1 & R-3-C-1
Township: 24 Section: 14
Area 3:
Range: 37
Township: 24 Section: 22, 23
Area 1:
54.15 Acres
Area 3:
29.44 Acres
Industrial M-1
Duplex/Multi-Family R-3
Commercial/Manufacturing C-2
M-1 Light Industrial & Research Development District
R-3 Duplex/Multi-Family
C-2 Commercial/Manufacturing District
Description of Amendment Area:
The subject Areas 1 and 3 are mostly developed. Area 2 is mostly undeveloped, there is a 20 acre
fuel tank storage farm in the subject area.
Proposed Amendment CPA 98-A
December 16, 1997
Page 1
Subject Area 1 is located immediately east of State Route A1A. It is situated between existing light
industrial (north), existing commercial (east, south, west, and northwest), and existing medium
density residential (east). The Future Land Use and Zoning designations portray a similar pattern
of existing land uses. There is "M-1" (Light Industrial a maximum of 4.356 lots per acre), to the
north. There is "C-1" (Commercial: zoning regulations impose a variety of requirements, depending
upon type of use), to the east, south, west, and northwest. There is "R-2" (Medium Density
Residential a maximum of 15 dwelling units per acre), to the south.
Subject Area 1 is 54.15 acres and is being proposed for "C-2" commercial/manufacturing use.
Subject Area 2 is located immediately east of North Atlantic Boulevard and south of the Canaveral
Port Authority, west of the Ridgewood Drive extension and north of Villages of Sea Port
Condominiums. There is an existing fuel tank farm on a portion of the subject area, approximately
20 acres. The remainder of the subject area is presently vacant. The Canaveral Port Authority is
north of the subject property. The Canaveral Port Authority is a special independent district that has
commercial and industrial warehousing operations occurring on-site associated with port related
activities. There is "R-3" (Duplex/Multi-Family a maximum of 15 dwelling units per acre), to the
east. There is "R-2" (Medium Density Residential a maximum of 15 dwelling units per acre), to the
south and west.
Subject Area 2 is 85.45 acres and is being proposed for "R-3" Duplex/Multi-family use. The
proposed change to R-3 Duplex/Multi-family is to provide for a Iong range opportunity of residential
land use.
Subject Area 3 is located immediately west of State Route A1A and east of the Banana River. It is
situated between existing commercial to the north, east and south, and multi -family to the north. The
Future Land Use and Zoning designations portray a similar pattern as the existing uses. Thcre is "C-
1" (Commercial: zoning regulations impose a variety of requirements, depending upon type of use),
to the north, east and south. There is "R-3" (Duplex/Multi-Family: a maximum of 15 dwelling units
per acre), to the north.
Subject Area 3 is 29.44 acres and is being proposed for "C-2" commercial/manufacturing use.
Public Services and Facilities in Amendment Area:
The proposed uses for subject Areas 1, 2 and 3 is less intensive than the existing designations.
Therefore, it is not anticipated that the proposed use for each area will increase the need for greater
availability of and increased demand on public services and facilities in the amendment area.
Roads
Subject Areas 1 and 3 are located on State Route A1A which is a four -lane divided State Principal
Arterial. State Road Al at Subject Area 1 is operating at Level of Service (LOS) "B" with 1,643
peak hour trips. The maximum peak hour volume acceptable is 2,000 representing an LOS of "E".
State Road. State Road A1A at Subject Area 3 is operating at LOS "C" with 1,858 peak hour trips.
Proposed Amendment CPA 98-A
December 16, 1997
Page 2
The maximum peak hour volume acceptable is 2,940 representing an LOS of "E".
Subject Area 2 is located on North Atlantic Avenue. North Atlantic Avenue is a two-lane undivided
collector. North Atlantic Avenue is operating at LOS "C" with 447 peak hour trips. The maximum
peak hour volume acceptable is 800 representing an LOS of "E".
The proposed land use change in subject Area 2, if developed to the maximum residential potential
would be 1,282 dwelling units. This change could generate approximately 1,100 peak hour trips.
To maintain the current LOS the maximum development of the subject parcel would need to be
limited to 665 dwelling units without transportation related improvements. A traffic deficiency
could occur if improvements are not made before or concurrent with proposed development.
It should be noted that there are no submitted or even proposed residential development plans, at this
time. Also that 20 acres is currently being utilized as a tank farm and generates minimal traffic
currently. The continued implementation of concurrency management will ensure that -development
from occurring prior to facility and service improvements being in place concurrent with
development.
Subject Areas 1 and 3 allow for similar uses as the M-1 designated and would not generate additional
trips.
Waste Water Facilities
The City of Cape Canaveral provides waste water treatment. The waste water treatment capacity is
1.8 million gallons per day (MGD). The existing usage is 1.1 MGD with an excess capacity of 0.7
MGD. It is not anticipated that the proposed change in subject Areas 1 and 3 will have an increased
demand on waste water facilities due to the proposed use being less intensive than the existing use.
The LOS is 118 gallons per day per capita and would equal .276 MGD with .424 MGD of available
capacity. This assumes subject Area 2 were to build out the maximum number of potential dwelling
units (1,282) with 1.825 person per household, a population of 2,340 persons. This assumes
maximum buildout with no improvements to the current facilities.
Potable Water Supply
The City of Cocoa provides the City of Cape Canaveral with potable water services. The City of
Cocoa has a capacity of 56.0 MGD and currently provides 46.5 MGD. Approximately 9.5 MGD of
potable water is available. No change to the existing LOS is expected in Areas 1 and 3, because no
increased demand is anticipated with the proposed less intensive use. However, in subject Area 2,
with the maximum number of potential dwelling units being 1,282 units, with the LOS being 264
gallons per day per unit would equate to .338 MGD or leave an excess capacity of more than 9.172
MGD capacity.
Solid Waste Facilities
Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee
any deficiency with their solid waste facilities. No increased demand is expected to be generated by
the subject areas due to their proposed use being less intensive in nature than the existing
Proposed Amendment CPA 98-A
December 16, 1997
Page 3
designation.
Recreation Facilities
The City's current LOS for parks and recreation is one (1) acre of park land per 1,000 residents.
Approximately fourteen (14) acres of park land exist with 8,492 residents in Cape Canaveral. This
equates to 1.65 acres of park land per 1,000 residents. The proposed land use for the subject areas
is not anticipated to place any increased demands on the need for additional parks and recreation
facilities. With potentially 2,340 additional persons, the parks LOS would still be acceptable but
reduced to approximately 1.3 acres per 1,000 persons.
Environmental Description of Amendment Area:
Subject Areas I and 3 are developed. Subject Area 2 is largely undeveloped. There are no
wetlands, floodplains, aquifer recharge soils or environmental conditions associated with the subject
parcel. The Brevard County Soil Survey Map has categorized subject Area I as "Ur" - Urban Land,
and "Ca" - Canaveral. Subject Area 2 has been categorized as "Ur" - Urban Land on the area
encompassed by the tank farm property and "Pb" - Palm Beach, for the remainder of the area.
Subject Area 3 has been categorized as "Ur" - Urban Land. The Ca, Ur and Pb designations are
characterized as not having any flood hazard and not possessing wetlands. The subject areas
comprise 149.11 acres and possess no known endangered species identified on site or in the area
adjacent to the subject areas.
Historical and Archaeological Resources in Amendment Area:
No known historic or archeological sites are located in the subject areas nor in the areas surrounding
the subject areas. No historic housing units exist on the Florida Department of State Master Site
File, National Register of Historic Places or are designated as historically -significant by or in
accordance with a local ordinance.
The archaeological sites which do exist within the City are very small sites, and are included in the
residential categories near the Banana River - therefore not applicable to the subject areas.
According to the Florida Department of State, Bureau of Historic Preservation, Office of the
Coordinator of the Master Site File, there are 7 archaeological sites located within the City (State
File #8BR 90-96). These sites are all of Indian origin (three were burial mounds that have been dug;
three were sand mounds that were not dug; and, one is a Carter shell -midden that also has not been
dug). These sites are all in the southwest portion of the City, and development may have already
overcome at least three, and perhaps, all of them.
Population Projections and Trends:
With the exception of subject Area 2, the proposed amendment is characterized by changing the
existing non-residential designation to a less intensive non-residential use. However, subject Area
2 has a potential population growth of 2,340 persons. The projected number of persons associated
with development combined with the existing City population would total a population of
approximately 10,000 persons. The adopted comprehensive plan has projected that the population
in the year 2005 could be 10,500. This amendment would be consistent with those projections. It
should be noted that there are no development proposals formulated at this time for subject Area 2.
Proposed Amendment CPA 98-A
December 16, 1997
Page 4
Consistency with the Comprehensive Plan:
Future Land Use Map
Designate subject Areas 1, and 3, as indicated, as "C-2" - Commercial/Manufacturing.
Designate subject Area 2, as indicated, as "R-3" Duplex/Multi-Family.
Internal Consistency of the Plan
The following include the proposed changes to the Comprehensive Plan to ensure internal
consistency within the Plan regarding the proposed "C-2" Future Land Use Map designation.
The proposed land use designation "C-2" would provide for less intensive uses on the parcels within
the subject areas thus limiting the more intensive commercial and industrial uses allowed under the
existing "M-1" designation.
The majority of parcels within the subject areas are developed. The proposed designation would
maintain the character of these areas by limiting the intensity of the use. In addition, the proposed
designation would ensure that new development on undeveloped parcels is consistent with existing
development both in use and intensity.
Table 9-1 (Existing Land Use Acreage)
Change the entire table to reflect the most recent conditions and add the "C-2" -
commercial/manufacturing category.
Future Land Use Element Text
On page 9-3, change the third paragraph, last sentence as follows.
"Commercial/Manufacturing and light industrial activity is(Stricken from the code) are (adding to the code) also located on S.R.-A1A in the
central and northern part of the City."
On page 9-18, insert a new paragraph after the third existing paragraph and reorder numbering of
paragraphs. These changes are outlined as follows.
3. Commercial. This category includes retail service and commercial uses, as well as those
uses conducted from offices such as doctors and attorneys.
4. Commercial/Manufacturing, This category includes low density commercial and light
industrial uses located adjacent to commercial or manufacturing uses and convenient to
major residential areas. (adding to the Code)
4 (Stricken from the Code) 5. Industrial. This classification includes light -industrial uses of the type suitable to a
bedroom community such as Cape Canaveral, as well as heavier industrial uses in the
Proposed Amendment CPA 98-A
December 16, 1997
Page 5
Consistency with the Comprehensive Plan:
Future Land Use Map
Designate subject Areas 1, and 3, as indicated, as "C-2" - Commercial/Manufacturing.
Designate subject Area 2, as indicated, as "R-3" Duplex/Multi-Family.
Internal Consistency of the Plan
The following include the proposed changes to the Comprehensive Plan to ensure internal
consistency within the Plan regarding the proposed "C-2" Future Land Use Map designation.
The proposed land use designation "C-2" would provide for less intensive uses on the parcels within
the subject areas thus limiting the more intensive commercial and industrial uses allowed under the
existing "M-1" designation.
The majority of parcels within the subject areas are developed. The proposed designation would
maintain the character of these areas by limiting the intensity of the use. In addition, the proposed
designation would ensure that new development on undeveloped parcels is consistent with existing
development both in use and intensity.
Table 9-1 (Existing Land Use Acreage)
Change the entire table to reflect the most recent conditions and add the "C-2" -
commercial/manufacturing category.
Future Land Use Element Text
On page 9-3, change the third paragraph, last sentence as follows.
"Commercial/Manufacturing and (adding to the Code) L(Stricken from the Code) -light industrial activity
is (Stricken from the Code) are (adding to the Code) also located on S.R.-A1A in the
central and northern part (adding to the Code) of the City."
On page 9-18, insert a new paragraph after the third existing paragraph and reorder numbering of
paragraphs. These changes are outlined as follows.
3. Commercial. This category includes retail service and commercial uses, as well as those
uses conducted from offices such as doctors and attorneys.
4. Commercial/Manufacturing, This category includes low density commercial and light
industrial uses located adjacent to commercial or manufacturing uses and convenient to
major residential areas. (adding to the Code)
4 (Stricken from the Code) 5 (adding to the Code) Industrial. This classification includes light -industrial uses of the type suitable to a
bedroom community such as Cape Canaveral, as well as heavier industrial uses in the
Proposed Amendment CPA 98-A
December 16, 1997
Page 5
northern portion of the City. The land in this classification has already been almost
completely developed, and it is not expected to change appreciably.
5 (Stricken from the Code) 6.(adding to the Code) Public and Semi -Public.
This classification contains such uses as schools, churches,
governmental buildings and facilities, etc. As the population of the City is not expected to
increase tremendously, it would seem that the existing facilities will be adequate.
6 (Stricken from the Code) 7.(adding to the Code) Recreation.
This classification includes both public and private recreational facilities within
the city limits. As was shown in the Recreation and Open Space Element, there is no
immediate need for additional public recreational and open space land.
7 (Stricken from the Code) 8. (adding to the Code)
Planned Unit Development. This designation will be permissible in any land use
classification shown on the Future Land Use Map, so long as such PUD is approved in
conformance with the City's PUD Ordinance, which is in the process of being developed.
This PUD designation will not require an amendment to the Land Use Plan. (See Policy LU -
8.1)"
Future Land Use Element Policy L U-3.3
Change the policy to read as follows.
"Future Land Use Element
Policy LU -3.3: The City shall enforce its requirements pertaining to densities and intensities of land
use in each land -use category --i.e.
*R-1,
Low Density Residential:
*R-2,
Medium Density Residential
*R-3,
Duplex/Multi-Family:
*M-1,
Light Industrial:
*C-1,
Commercial:
*C-2. Commercial/Manufacturing: (adding to the Code)
maximum 5.808 lots/acre.
maximum 15 units/acre.
maximum 15 units/acre.
maximum 4.356 lots/acre.
zoning regulations impose a variety of requirements,
depending upon type of use.
zoning regulations impose a variety of requirements
depending upon the type of use." (adding to the Code)
Proposed Amendment CPA 98-A
December 16, 1997
Page 6 00988.04
Table 9-1
EXISTING LAND USE ACREAGES, OCTOBER, 1996
Cape Canaveral, Florida
Land Use Classification
Number of Acres
Percent of Total City
Percent of Developed Acres
Residential
Commercial
Commercial/Manufacturing
Industrial
Public Facilities*
Street Highways and Drainage
Total Developed Acres
508.10
0.36
0.55
79.78
0.06
0.09
74.55
0.05
0.08
28.80
0.02
0.03
59.10
0.04
0.06
8.03
0.01
0.01
173.05
0.12
0.19
931.41
0.66
100.00
Vacant Land
Residential
R-1
R-2
R-3
Commercial
Commercial/Manufacturing
Industrial
Total Vacant Acres
297.42
0.21
6.75
0.00
31.48
0.02
259.20
0.18
116.92
0.06
9.04
0.01
57.09
0.04
480.47
0.34
TOTAL ACRES
1,411.88
100.00
Source: Ivey, Harris & Walls, Inc. 1997
931.41 0.66 100.00
297.42
6.75
31.48
259.20
116.92
9.04
57.09
480.47
0.21
0.00
0.02
0.18
0.08
0.01
0.04
0.34
TOTAL ACRES 1.411.88 100.00
Source: Ivey. Hams & Walls. Inc. 1997
ORDINANCE NO. 11-97
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,
AMENDING CHAPTER 110, ZONING,(Stricken from the Code) ARTICLE VII, DISTRICTS, (Stricken from the Code) BY
THE ADOPTION OF A NEW ZONING DISTRICT WITHIN THE CITY
UNDER A NEW DIVISION 8, C-2 COMMERCIAL/MANUFACTURING (adding to the Code)
DISTRICT,(adding to the Code) SETTING FORTH PRINCIPAL USES AND STRUCTURES;
USES BY SPECIAL EXCEPTION; PROHIBITED USES; AREA
DIMENSIONS; SETBACKS; AND OTHER PERFORMANCE
STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Chapter 110, Zoning, Article VII, Districts, is hereby amended by the
addition of a new Division 8, C-2 Commercial/Manufacturing District, under Sections 110-
380 through 110-389, inclusive, as follows:
Section 110-380 Intent.
The requirements for the C-2 commercial/manufacturing district are intended to
apply to an area adjacent to major arterial streets, located adjacent to existing
commercial or manufacturing uses and convenient to major residential areas. This
district would be associated with a mix of low density commercial and light
industrial. The types of uses permitted are intended to serve employment and
consumer needs of nearby residential neighborhoods, as well as the commercial
needs of the motorist. All principal uses permitted in this zone shall be contained
in an enclosed structure. All buildings in this district shall be considered in the
fire district, as per the definition in Section 110-1 and shall be built in
conformance with the rules and regulations of fire districts.
Section 110-381 Principal Uses and Structures.
In the C-2 commercial/manufacturing district, the following uses and structures
are permitted:
1. Retail stores, sales and display rooms.
2. Personal service establishments, such as beauty shops and barbershops,
laundry and dry cleaning pickup stations, tailor shops, daycare and similar
uses.
City of Cape Canaveral
Ordinance No. 11-97
Page 2
3. Professional offices, studios, clinics, laboratories, general offices, business
schools, data processing and similar uses.
4. Eating establishments, bakeries and delicatessens.
5. Non-commercial public parks; commercial indoor playgrounds; clubs and
lodges; cultural facilities; hospitals; clinics; mortuaries and funeral homes
(excluding crematories); government offices; schools; adult and youth
centers; churches; reading rooms and similar uses.
6. Banks and financial institutions.
7. Repair service establishments, such as household appliances, radio,
television and similar uses (excluding automobile repairs).
8. Automotive service stations, subject to the following:
a. All setbacks shall be no less than 25 feet from any portion of the
building, including pump islands.
b. Underground storage is required for all receptacles for combustible
materials in excess of 55 gallons. Such storage shall comply with
all Environmental Protection Agency standards.
c. The accumulation and storage of waste petroleum products is
forbidden, unless in compliance with Environmental Protection
Agency standards.
d. Curb cuts shall be made in accordance with Section 110-493.
e. No service stations shall be erected or located within 150 feet of
the property line of any church, hospital, school or park.
f. A visual screen, meeting the specifications of Section 110-566,
shall be provided along any property line abutting a residential
district or residential use.
g. Services and sales permissible include only the following:
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City of Cape Canaveral
Ordinance No. 11-97
Page 3
1. Spark plugs, batteries, distributor parts, ignition system
parts, vehicle wiring and the like.
2. Exhaust system components, engine cooling components,
automotive air conditioning system components, braking
system components, vehicle lighting system components,
radios, steering assembly parts, fuel system components
and the like.
3. Tire servicing and repair, but not recapping.
4. Washing and polishing, including the sale of related
materials.
5. Greasing, oil changes and other lubrication.
6. Sale of cold drinks, package foods, tobacco and similar
convenience goods for service station customers.
7. Road maps, informational materials and restroom facilities.
h. Vehicles shall not be parked outside the building for more than
four days, such four days to be considered as an accumulated
parking time, whether consecutive or accumulated.
Uses permissible at a service station do not include body work,
straightening of body parts, painting, welding (other than minor
repairs), storage of automobiles not in operating condition or other
work involving noise, glare, fumes, smoke or other characteristics
to an extent greater than normally found in service stations. A
service station is not a body shop.
j. Automotive parts, new or uses, shall not be stored outside.
k. Vehicles are not to be dismantled or scrapped for parts.
1. Engine and transmission overhaul may be performed only inside
the service bays.
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City of Cape Canaveral
Ordinance No. 11-97
Page 4
m. A minimum of two enclosed service bays and a customer waiting
area must be provided if maintenance and repairs are a part of the
business.
n. A minimum building size of 2,000 square feet shall be provided.
o. No plants (grass, weeds, etc.) shall be allowed to grow through
cracks or joints in the pavement.
P. Landscaping shall conform to Section 110-566.
q. Service stations shall not be erected or located within 2,000 feet of
the property line of another service station.
8. Places in which goods are produced and sold at retail upon the premises.
9. Vocational and trade schools not involving operations of an industrial
nature, such as truck driving schools.
10. Commercial establishments which sell, dispense, serve or store alcoholic
beverages or which permit the consumption of alcoholic beverages on
their premises. Applicant must meet requirements of Section 110-171.
Also see Section 110-332.
11. Dry cleaning establishments using non-flammable solvents and cleaning
fluids as determined by the fire chief.
12. Retail stores using outside display areas, provided the following are met:
a. The areas of outside display shall not exceed in size one-third of
the enclosed area of the principal structure.
13. Manufacturing of:
a. Instruments for controlling, measuring and indicating physical
characteristics.
b. Optical instruments and lenses.
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City of Cape Canaveral
Ordinance No. 11-97
Page 5
c. Surgical, medical and dental instruments and supplies.
d. Ophthalmic goods.
e. Watches, clocks, clockwork -operated devices and parts.
f. Photographic equipment and supplies.
g. Jewelry, silverware, plated ware.
h. Musical instruments and parts.
i. Toys, amusements, sporting and athletic goods.
j. Radio, TV, phonograph and electronics instruments and parts.
k. Pens, pencils and other office and artist materials.
l. Costume jewelry, costume novelties, buttons and notions.
m. Other similar uses.
14. Motor vehicle repair shops, provided that repairs and materials are within
enclosed building.
Section 110-382 Accessory Uses and Structures.
In the C-2 commercial/manufacturing district, customary accessory uses of one or
more of the principal uses, clearly incidental and subordinate to the principal use,
in keeping with the commercial manufacturing character of the district, are
permitted.
\\CAPE-NT\cityclerk\CityClk\Ordinances\ZONING\C2ZONE.doc
City of Cape Canaveral
Ordinance No. 11-97
Page 6
Section 110-383 Special Exceptions Permissible by the Board of Adjustment.
(a) In the C-2 commercial/manufacturing district, after public notice and
hearing, the Board of Adjustment may permit special exceptions which are
compatible to permitted uses and which are able to meet the minimum
requirements and performance standards, as set forth in this zoning
district.
(b) The Board of Adjustment may adjust setbacks and provisions noted in
Article IX of this Chapter as necessary and appropriate in granting special
exceptions.
(c) Special exceptions may be permitted for the following:
1. Plant nurseries and greenhouses, provided that all outside display
of merchandise are contained within the required setbacks.
2. Vocational and trade schools involving operations of an industrial
nature.
3. Radio and television studios.
4. Temporary security facilities, subject to annual review
5. Veterinary hospitals and clinics, subject to the provisions
designated in Division 5 of this Article for the C-1 district.
6. Sales, leasing and rental of new and used automobiles, major
recreational equipment and mobile homes with accessory services,
subject to the following:
a. Outside areas where merchandise is displayed shall be
paved.
b. All ingress and egress points to abutting streets shall be
marked clearly and placed not closer than 30 feet apart on
the same street.
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City of Cape Canaveral
Ordinance No. 11-97
Page 7
c. All servicing and repair activities, except gasoline pumps,
shall be located in an enclosed structure.
d. There shall be no storage of junked or wrecked
automobiles, other than temporary storage, not to exceed 30
days. These vehicles shall be within an enclosed area and
not be visible from outside the property.
e. Ingress and egress points shall not be placed so as to
endanger pedestrian traffic.
7. Commercial establishments for the storage of parking recreational
vehicles, trailers and trailerable items, provided it meets the
following, as a minimum:
a. Minimum lot size of 10,000 square feet.
b. Vehicle storage area must be obscured from view by either
walls, fences or hedges.
C. Walls, fences and hedges must comply with all city rules
and regulations and must be kept in good condition, so as to
ensure obstruction from view.
8. Public utility equipment: uses and rights-of-way essential to serve
the neighborhood in which it is located.
9. Theaters, drive-in theaters, photographic studios, bookstores and
dance studios, unless such uses fall within the scope and
restrictions of Section 10-86, et seq.
10. Carwashes, including polishing and sale of related materials.
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City of Cape Canaveral
Ordinance No. 11-97
Page 8
Section 110-384 Prohibited Uses and Structures.
In the C-2 commercial/manufacturing district, the following uses and structures
are prohibited:
1. All uses not specifically or provisionally permitted in this division.
2. Any use which fails to meet performance standards specifications as
provided in Section 110-466.
3. Bottle clubs.
4. Crematoriums (animal or human).
Section 110-385 Area and Dimensions.
In the C-2 commercial/manufacturing district, the following areas and dimensions
shall be required:
1. Minimum lot area shall be as follows:
a. Service stations, 12,000 square feet.
b. All other principal uses and structures shall be 10,000 square feet.
2. Minimum lot width shall be as follows:
a. Service stations, 100 feet.
b. All other principal uses and structures shall be 75 feet.
3. Minimum lot depth shall be 100 feet.
4. Maximum lot coverage shall be 50 percent.
5. Minimum floor area shall be 300 square feet.
6. Maximum height shall be 45 feet.
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City of Cape Canaveral
Ordinance No. 11-97
Page 9
Section 110-386 Minimum Setbacks.
In the C-2 commercial/manufacturing district, the minimum setbacks required
shall be as follows:
1. Front, 25 feet.
a. (See subsection (b) of this Section.)
2. Side (interior lot line), 15 feet, except where industrial property abuts a
residential district, in which case the minimum side interior lot shall be 25
feet.
3. Side (corner lot line), 25 feet.
4. Rear, 15 feet, except where industrial property abuts a residential district,
in which case the minimum rear yard requirement shall be 25 feet.
5. Public or private street, 25 feet.
a. (See Section 110-356 for special setbacks.)
Section 110-387 Landscaping, Screening and Parking.
In the C-2 commercial/manufacturing district, landscaping, screening and parking
shall be as provided in Article IX of this Chapter.
Section 110-388 Performance Standards.
In the C-2 commercial/manufacturing district, performance standards shall be as
provided in Section 110-466, et seq.
Section 110-389 Parking and Loading.
In the C-2 commercial/manufacturing district, off-street parking shall be as
provided in Section 110-491, et seq., and off-street loading shall be as provided in
Section 110-506, et seq.
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City of Cape Canaveral
Ordinance No. 11-97
Page 10
SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this
Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining
portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 3. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts
of an ordinance or resolution, in conflict herewith are repealed.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
of , 1998.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Joy Salamone
Sandra O. Sims, CITY CLERK B
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
First Reading:
Posted:
Published:
(LPA)
(Council))
Public Hearings:
LPA
Council
\\CAPE-NT\cityclerk\CityClk\Ordinances\ZONING\C2ZONE.doc
Meeting Type: Regular
Meeting Date: 02-02-99
AGENDA
Heading
Discussion
Item
No.
5
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: TEMPORARY REUSE AGREEMENT WITH CANAVERAL PORT AUTHORITY
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council review and comment on this proposed agreement.
Summary Explanation & Background:
The city attorney and public works director were tasked with editing this document for final approval.
Please advise.
Exhibits Attached:
Draft agreement
City Manager's Office
(Signature) Bennett C. Boucher \Kmm
Department LEGISLATIVE
g: /admin/council/meeting/1999/02-02-99/reuse.doc
JAN -28-99 10:58 AM CAPE CANAVERAL PW 407 799 4980 P.02
01:26:99 09:40 407 839 379
HARTMAN ASSOC 2002/006
ROUGH DRAFT
FOR DISCUSSION BURRGSES ONLY
CANAVERAL PORT AUTHORITY / CITY OF CAPE CANAVERAL
TEMPORARY AGREEMENT FOR RECLAIMED WATER SERVICE
THIS AGREEMENT is made and entered into this _ day of , 1999 by
and between the Commission of the Canaveral Port Authority and the City Commission
of the City of Cape Canaveral.
1. The Canaveral Port Authority, a body corporate and a body politic under the laws of
the State of Florida, hereinafter called the "AUTHORITY", is in immediate need of
reclaimed water service for irrigation within Jetty Park.
2, The City of Cape Canaveral, Florida, a municipal corporatiorn under the laws of the
Stats of Florida, hereinafter celled "CAPE CANAVERAL". is operating a sanitary
sewerage system which produces reclaimed water suitable for public access areas. CAPE
CANAVERAL has consented to provide reclaimed water to the AUTHORITY under the
following terms and conditions of this Agreement.
ACCORDINGLY, for and in consideration of the above Recitals, the mutual
undertaking and agreements herein contained and assumed, and other good and valuable
consideration, the receipt and sufficiency of which are acknowledged by the parties, the
AUTHORITY and CAPE CANAVERAL hereby covenant and agree as follows:
SECTION 1. RECITALS. The above Recitals are true and correct and form a
material part of this Agreement.
SECTION 2. DEFINITIONS. The following definitions and references are given
for the purpose of interpreting the terms as used in this Agreement.
(1) "Cape Canaveral System" - All facilities related to CAPE CANAVERAL's
reclaimed water system.
(2) "Point of Reuse, Connection" . The point where reuse facilities of Cape Canaveral
are connected to the reuse facilities of the AUTHORITY
(3) "Reclaimed / Reuse Water" - the wastewater effluent that has been appropriately
treated and is usable for reuse purposes in public access areas as defined by appropriate
regulatory agencies.
(4) "Service" - the readiness and ability on the part of CAPE CANAVERAL to
furnish reclaimed water to the Port Area. Thus, the maintenance by Cape Canaveral of
adequate pressure at the point of re -use connection shall constitute the rendering of
service.
JAN -28-99 10:58 AM CAPE CANAVERAL PW 407 799 4980 P.03
01/26/99 09:40 407 839 379 HARTMAN ASSOC 2000/006
ROUGH DRAFT FOR DISCUSSION PURPOSES
(5) "Effective Date" - the date upon which the last party of this agreement (illegible)
the Agreement.
SECTION 3. PROVISION ALLOCATION AND USE OF RECLAIMED
WATER SERVICE
Reclaimed water service shall be provided and allocated to the AUTHORITY in
the following manner subject to the following terms and conditions:
3.1 Immediate Capacity Needs. CAPE CANAVERAL acknowledges that the
AUTHORITY has an immediate need for reclaimed water in the amount of
approximately 60,000 gallons per day (annual average day demand) for use in Jetty Park.
3.2 Reclaimed Water Availability. Reclaimed water restrictions which are
imposed on CAPE CANAVERAL residents shall also be applicable to purchased
reclaimed water use in than Port Area. CAPE CANAVERAL also acknowledges that until
the residential capacity is established and as long as the integrity of the CAPE
CANAVERAL system is maintained reclaimed water may be provided to the
AUTHORITY in amounts greater than that specified in paragraph 3.1, as it is in the
interest of the public to limit discharge of wastewater effluent to the Banana River.
3.3 FDEP Permits for Construction of Reclaimed Water System. The
AUTHORITY agrees to process the necessary state application forms for the construction
of a reclaimed water system within the Port Area. All permit fees shall be paid by the
AUTHORITY.
3.4 Modification of CAPE CANAVERAL Reclaimed Water Service Area.
CAPE CANAVERAL agrees to process the necessary state application forms for the
modification of the CAPE CANAVERAL reclaimed water service area to incorporate the
Port Area. All permit and consultant service fees will be paid by the AUTHORITY.
SECTION 4. RECLAIMED WATER RATES FEES AND CHARGES
4.1 The AUTHORITY shall pay reclaimed water rates and charges as described
herein. The reclaimed water rate shall be as set by resolution by the CAPE
CANAVERAL city commission. The rate set by the CAPE CANAVERAL city
commission for the provision of reclaimed water service to the AUTHORITY shall be
non-discriminatory.
SECTION 5. RECLAIMED WATER FACILITIES
5.1 Meter Installations. The AUTHORITY shall furnish and install a meter at the
point of connection to the CAPE CANAVERAL facilities, which shall be capable of
measuring all flow from CAPE CANAVERAL facilities to the AUTHORITY's facilities.
The meter shall become the property of CAPE CANAVERAL, and CAPE
CANAVERAL shall be responsible for the operation, maintenance and replacement of
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the meter. The AUTHORITY shall pay required maintenance and replacement costs on
the meter installation. CAPE CANAVERAL and AUTHORITY shall agree as to the
type of meter installation. The AUTHORITY shall have the right to read and test the
meter and the right of access thereto for billing, testing, and inspection purposes, all such
rights to be reasonably exercised at times, reasonably convenient to CAPE
CANAVERAL
5.3.1 Meter Accuracy. The metering equipment shall be of standard make and
type, installed at a readily accessible location, and shall record flow accurately within
industry standards. If the meter is detenuined to have operated in error, the bill shall be
adjusted for the time period in which the error occurred. In calculating such billing
adjustment, it will be assumed that the meter inaccuracy existed for one-half of the entire
time interval between meter accuracy checks by either party. The billing of adjustment shall
be made at the same rate established in accordance with this agreement, but the volume
used in the billing calculations shall be adjusted as described herein.
5.4 Pressure Sustaining Valve. A pressure sustaining valve shall be installed by
the AUTHORITY for the purpose of protecting the integrity of the CAPE CANAVERAL
system. The set pressure value shall be determined by CAPE CANAVERAL's
operational needs. The AUTHORITY will be given written notice of this value and
changes thereafter_ The pressure sustaining valve shall become the property of CAPE
CANAVERAL, and CAPE CANAVERAL shall be responsible for the operation,
maintenance and replacement of the pressure sustaining valve. The AUTHORITY shall
pay required maintenance and replacement costs on the pressure sustaining valve.
SECTION 6. PROVISION OF SERVICE
6.1 Connection to CAPE CANAVERAL Reclaimed Water System. Upon the
continued accomplishment of all the prerequisites contained in this Agreement to be
performed by the AUTHORITY, CAPE CANAVERAL covenants and agrees that it will
allow the connection of the reclaimed water transmission facilities Installed by the
AUTHORITY to the central reclaimed water facilities of CAPE CANAVERAL in
accordance with the terms and conditions of this Agreement. Such connection. shall be in
accordance with all statutes, rules and regulations of CAPE CANAVERAL, the
AUTHORITY, the AUTHORITY's potable water provider as well as State and Federal
Governments. CAPE CANAVERAL agrees that once it provides reclaimed water
capacity to the AUTHORITY, thereafter CAPE CANAVERAL will provide said service
in a manner to conform with all requirements of all govemmental agencies having
jurisdiction of the utility operation of CAPE CANAVERAL. Said service shall be
provided at CAPE CANAVERAL's cost and expense. In return, the AUTHORITY will
pay for reclaimed water as set forth In Section 4. The AUTHORITY acknowledges that
CAPE CANAVER,I, may at any time discontinue service to the AUTHORITY in order
to protect the integrity of the CAPE CANAVERAL system.
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SECTION 7. DISCLAIMERS: LIMITATIONS ON LIABILITY
7.1 Force Majcure. No party shall be liable or responsible to the other by reason
of the failure or inability of that party to take any action it is required to take or to comply
with the requirements imposed hereby when such failure or inability is caused by or is the
result of a force majcure. The term "force majcure" as employed herein shall mean acts
of God; strikes, lock -outs, or other industrial disturbance; acts of public enemies, war,
blockades, riots, sets of armed forces, militia, or public authority; epidemics; breakdown
of or damage to machinery, pumps. or pipelines; Iandslides. earthquakes, fines, storms,
floods or washouts; arrests, title disputes, or other litigation; governmental restraints of
any nature whether federal, state, county, municipal or otherwise, civil or military; civil
disturbances; explosions, failure or inability to obtain necessary materials, supplies, labor
or permits or governmental approvals whether resulting from or pursuant to existing or
future rules, regulations, orders, laws or proclamations whether federal, state, county,
municipal or otherwise, civil or military; or by any other causes, whether or not of the
same kind as enumerated herein, not within the sole control of either party and which by
exercise of due diligence that party is unable to overcome.
7.2 Indernnity. The AUTHORITY shall indemnity CAPE CANAVERAL and its
respective agents and employees, from and against any and all claims, liability, demands,
damages, expenses, fees, fines, penalties, suits, proceedings, actions and fees, including
attorneys' fees, for injury (including death) to persons or damage to property or property
rights that may arise from or be related to acts, errors, or omissions of the AUTHORITY,
its agents, employees, servants, licenseces, invitees, or contractors or by any person under
the control or direction of the AUTHORITY, or by the AUTHORITY's use of CAPE
CANAVERAL'S system. CAPE CANAVERAL. shall indemniify the AUTHORITY as
aforesaid from all liability, claims and all other items above mentioned, arising or
growing out of or connected with any default, breach, violation or nonperformance by
CAPE CANAVERAL or any covenant, condition, agreement or provision contained in
this Agreement concerning all or any part of CAPE CANAVERAL's system.
Indemnification shall be limited to the extent permitted in Section 768.28, Florida
Statutes (1995).
7.3. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the
benefit of and shall be binding upon the formal parties hereto and their respective
authorized successors and assigns, and no right or cause of action shall accrue upon or by
reason hereof, to or for the benefit of any third party not a party to this Agreement or an
authorised successor or assignee thereof.
SECTION 8. RECORDATION
8.1 The parties hereto agree that an executed copy of this Agreement and
Exhibits attached hereto shall be recorded in the Public Records of Brevard County,
Florida at the expense of the AUTHORITY.
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SECTION 9. DEFAULT
9.1 Default. No party to this Agreement in the event or act of default by the
other shall have all remedies available to it under the laws of the State of Florida
including but not limited to injunction to prevent default or specific performance to
enforce this Agreement subject to state law. The rights of the parties shall be considered
cummulative and shall not be waived now or in the future by the exercise of any rights and
remedies provided under the terms of this Agreement and authorized by law.
SECTION 10. TERM OF AGREEMENT
10.1 Term. This Agreement shall continue in full force and effect for until April.
22, 2000.