HomeMy WebLinkAboutAgenda Packet 05-04-1999City of Cape Canaveral
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
May 4,1999
7:00 P.M.
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
CONSIDERATIONS:
1. Motion to Approve: Extending the Engineering inspection service by Quentin
Hampton & Associates in the amount of $6,336.
2. Motion to Approve: Quentin Hampton & Associates providing the As -Built Field
Data Collection for Dial Communication in an amount not to exceed $2,300.
3. Motion to Approve: City Cost Sharing, Sewer Line Construction — 8699 Astronaut
Boulevard, Kelsey's Restaurant
ORDINANCES:
4. Motion to Approve: Ordinance No. 01-99, Small Scale Comprehensive Plan
Amendment; Solana Development, Inc., for second reading.
AN ORDINANCE OF TILE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND
ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1998 AS
PROVIDED IN CPA -99-01, WHICH SHALL AMEND THE COMPREHENSIVE PLAN
FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF
THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN
AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
105 Polk Avenue • Post Office Bog 326 • Cape Canaveral, FL 32920-0326
Telephone (407) 868-1200 • FAX (407) 799-3170 9 http://fcn.state.fl.us/cape/
5. Motion to Approve: Ordinance No. 02-99, Rezoning Request, R-2 to R-3; Solana
Development, Inc., for second reading.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN
SECTION 110-246, OFFICIAL ZONING MAP, BY CHANGING THE
CLASSIFICATION OF CERTAIN PROPERTY FROM R-2 (MEDIUM DENSITY
RESIDENTIAL DISTRICT) TO R-3 (MEDIUM DENSITY RESIDENTIAL
DISTRICT) AS DESCRIBED IN EXHIBIT "A"; PROVIDING THE CONDITIONS OF
APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
6. Motion to Approve: Ordinance No. 03-99, Rezoning Request, M-1 to R-3; Solana
Development, Inc., for second reading.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN
SECTION 110-246, OFFICIAL ZONING MAP, BY CHANGING THE
CLASSIFICATION OF CERTAIN PROPERTY FROM M-1 (LIGHT INDUSTRIAL
AND RESEARCH AND DEVELOPMENT DISTRICT) TO R-3 (MEDIUM DENSITY
RESIDENTIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A"; PROVIDING THE
CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND
INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
DISCUSSION:
7. Community Design Standards
REPORTS:
8. 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.
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
Meeting Type: Regular
Meeting Date: May 4, 1999
AGENDA
Heading
Considerations
Item
No.
1
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: Extension of Engineering Inspection Service for Reuse Project
DEPT./DIVISION: Water Reclamation/Public Works
Requested Action:
City Council consider approval of additional inspection services in the amount of $6,336, as recommended by
the Public Works Director.
Summary Explanation & Background:
Dial Communications has paid the City $6,336.
I recommend approval.
Exhibits Attached:
PWD memorandum dated 4/27/99
City Manager's Office - Department
(Signature)
\\cape-nt\cityclerk\cityclk\agenda\regular\1999\cm agenda report #1 reuse inspection.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: April 27, 1999
SUBJECT: City Council Agenda Item for May 4, 1999
Engineering inspection service extension,
Quentin Hampton & Associates
The City's agreement with Quentin Hampton & Associates for engineering inspection
service was approved by City Council on June 16th, 1998. The hours allotted for the Reclaimed
Water Project have been exceeded due to construction delays by Dial Communication. The
Contractor, Dial Communication has agreed to pay the City for the additional cost of the
engineering inspection service. The City has invoiced Dial Communication in the amount of
$6,336 and the City has received payment for this amount. In turn, Quentin Hampton &
Associates will invoice the City for the above amount for the additional inspection service.
Recommend the approval of additional inspection service by Quentin Hampton &
Associates in the amount of $6,336.
CC: File
RICHARD W. FERNANDEZ, P.E.
MARK A. HAMPTON, P.E.
BRAD T. BLAIS, P.E.
TELEPHONE
904/761-6810
FAX # 904/761-3977
Quentin L. Hampton Associates, Inc.
Consulting Engineers
P.O. DRAWER 290247
PORT ORANGE, FLORIDA 3219-0247
RECEIVED
APR 16 1999
April 14, 1999
Ed Gardulski
Public Works Director
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
CITY OF CAPE CANAVERAL
RECLAIMED WATER SYSTEM IMPROVEMENTS PHASE II & III
Dear Ed:
This letter is being sent to document our telephone conversation this morning and to supplement our
firm's previous letter to you dated April 5, 1999, which is attached.
It would appear that the simplest solution to reimburse our firm for inspection services provided
subsequent to the scheduled contract completion date, would be for our firm to bill the City for the
services and for Dial Communications or its parent company to reimburse the City for our firm's
inspection services. This is proposed instead of accessing liquidated damages because assessment
of liquidated damages can effect the bonding capacity of Dial Communications or its parent company.
At this time, it is expected that approximately two (2) more months of inspection services will be
required to complete construction in Phase III as well as the punch list items in the other phases.
Using our firm's standard hourly billing rate for the City using 112. day per day inspection for 22 work
days per month, would approximate the remaining inspection fees on the project. They are estimated
as follows:
2 months x 22 work days/per month x 4 hours/per day x $36/per hour = $6,336.00.
It would be appreciated, if you could review this matter with appropriate City personnel as well as
Dial Communications or its parent company personnel and promptly provide our office with
authorization to continue providing inspection services on the project. As of this date, our firm has
expended 4 days of 1/2 day per day inspection on the project that the City has had knowledge of
subsequent to the established contract completion date.
Perhaps Dial Communication or its parent company could transmit to the City the $6,336.00 of
estimated inspection fees in advance and the City could disburse to Quentin L. Hampton Associates,
Inc. when invoiced for the "pass through" inspection services provided on the project. This would
result in an effective "no loss no gain" for all parties.
It is believed that handling the payment for additional inspection services as recommended in this
letter, is the easiest administrative remedy given the current circumstances. It should be noted that
using the proposed administrative remedy results in payment to the City by Dial Communications or
its parent company of $144/per day to the City to recover inspection services cost. Using the
liquidated damages clause of the contract, effectively results in a $250/per day charge to the
Contractor to recover inspection services. It is reasonable to assume that remittance of funds to the
City in advance by the Contractor would truly be in the Contractor's best interest.
It would be appreciated if you could provide written guidance in this matter as soon as practical, now
that you are back from Reserve Duty. Should you have any questions or require additional
information, please contact us.
Sincerely,
QUENTIN L. HAMPTON ASSOCIATES, INC.
(Signature)
Mark A. Hampton, P.E.
Vice President
MAH:km
Enclosure
cc: AL Lavender, Project Inspector, Quentin L. Hampton Associates, Inc.
Meeting Type: Regular
Meeting Date: May 4, 1999
AGENDA
Heading
Consideration
Item
2
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: Reuse Project Phase III, As -Built Field Data Collection Services
DEPT./DIVISION: Water Reclamation/Public Works
Requested Action:
City Council approve the As -Built Field Data Collection Service in the amount of $2,300 as recommended by
the Public Works Director.
Summary Explanation & Background:
Quentin Hampton projected a not -to -exceed cost of $2,300 for Phase III of the Reuse Project. Dial
Communications has paid $3,300 to the City.
I recommend approval.
Exhibits Attached:
PWD memorandum dated 4/27/99
City Manager's office
(Signature)
Department
\\cape-nt\cityclerk\cityclk\agenda\regular\1999\cm agenda report #2 data collection services.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: April 27, 1999
SUBJECT: City Council Agenda Item for May 4, 1999
As -Built Field Data Collection, Phase III
Quentin Hampton & Associates
The City's Contract agreement with Dial Communication requires that the Contractor
supply the necessary field data of the installation of the reclaimed water line. This information
entails the red lining of the engineering drawings as to the location and depth of the pipe as
constructed. Unfortunately, due to the reorganization of Dial Communication and the turnover of
personnel, much of the data for the "As -Built" construction is not available.
In order for Dial Communication to meet it's Contract obligation, Dial Communication
has agreed to pay the City of Cape Canaveral to provide the As -built information. In addition,
Quentin Hampton and Associates has agreed to provide the service to collect the necessary data
required by Dial Communication for the "not to exceed" amount of $2,300. The City has
received a check from Dial Communication in the amount of $2,300. See attachments.
Recommend the approval of Quentin Hampton & Associates providing the As -Build data
for Dial Communication for the amount not to exceed 2,300.
Attachments
CC: File
APR. 23 99; (FRI) 12: 00 QUENTIN L HAMPTON TEL: 904 761 3977 P. 002
RICHARD W. FERNANDEZ, P.E.
MARK A. HAMPTON, P.E.
BRAD T. BLAIS, P.E.
Quentin L. Hampton Associates, Inc.
Consulting Engineers
P.O. DRAWER 290247
PORT ORANGE, FLORIDA 32129-0247
TELEPHONE
904/761-8810
FAX # 904/761-3977
April 23, 1999
Ed Gardulsld
Public Works Director
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
RECLAMED WA'T'ER SYSTEM IMPROVEMENTS PHASE 11 & III
(As -Built" Preparation - Phase III)
Dear Ed:
Enclosed is a letter received by our office regarding proposed "as -built" preparation by our firm to
assist Dial Communication in the completion of the project. Our firm has a contract with the City of
Cape Canaveral but does not have a contract with Dial Communications, Dial Communications.has
a contract with the City of Cape Canaveral.
It is proposed that Dial Communications remit $2,300 to the City for the preparation ofthe required
"field information" contract "as-builts". Our firm would then propose to collect the needed "field
information" for the "as-builts" for the City and bill the City for our services for the "not -to -exceed"
amount of $2,300.
By copy of this letter, Mr. Reggie Lott, Vice President of Dial Communication, is being advised of
our firm's recommendation regarding this matter.
If this methodology meets with your approval, please advise the respective parties accordingly.
Should you have any questions or require additional information, please contact us.
Sincerely,
QUENTIN L. H TON ASSOCIATES, INC.
(Signature)
Mark A. Hampton, P.E.
Vice President
MAH:km
Enclosure
cc: Reggie Lott; Vice President, Dial Communications
Al Lavender, Project Inspector, Quentin L. Hampton Associates, Inc.
APR. -23 99 (FRI) 12:00 QUENTIN L HAMPTON
TEL: 904 761 3977 P. 003
Dial Communications, Inc.
An Able Telcom Company
Public Utility Contractors
Copper and Flber Optic Cabling Specialists
Placement • Splicing v Testing
P. O. Box 10017
Tallahassee, Florida 32302
DIAL (850) 878-1322
FAX (850) 877-4129
April 21, 1999
Quentin L. Hampton Associates, Inc.
Mr. Rick Fernandez
P O Drawer 290240
Port Orange. Florida 32129-0247
Re: Phase III — Reclaimed Water System Improvements
Project Nbr. 92-288-OOC
Dear Mr. Fernandez:
Dial Communications, Inc. will pay to Quentin L. Hampton Associates, Inc. the
amount of $2,300 to furnish as-builts for the above mentioned project.
If you have any question, please do not hesitate to contact my office in
Tallahassee at (850) 878-1322.
Thank you,
(Signature)
Reggie Lott, Vice President
Dial Communications, Inc.
GENERAL CONTRACTOR UNDERGROUND UTLITY CONTRACTOR
FLORIDA LICENSE NO. CG -C056767 FLORIDA LICENSE N0. CU -0043116
Dial Communications, Inc.
OPERATING ACCOUNT
2000 W. COMMERCIAL BLVD. SUITE -202
FT. LAUDERDALE, FL 33309
(954) 928-0950
SUNTRUST BANK. SOUTH FLORIDA, N.A. 63-607 /670
014304
FORT LAUDERDALE, FLORIDA
x ******************************Two thousand three hundred dollars and no Cents
DATE CHECK NO. AMOUNT'
4-23-99 14304 $***2,300.00
PAY
TO THE CITY OF CAPE CANAVERAL
ORDER
OF
(Signature)
II'014304II' I:067006076I:0417006236278II'
Meeting Type: Regular
Meeting Date: May 4, 1999
AGENDA
Heading
Considerations
Item
No.
3
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: Cost Sharing Development Agreement for Sewer Line
DEPT./DIVISION: Water Reclamation/Public Works
Requested Action:
City Council consider the Public Works Director's recommendation for a cost sharing development agreement
to install a sewer line within the FDOT right-of-way.
Summary Explanation & Background:
City Council had requested staff to consider such agreements in areas where there are no sewer mains.
The Public Works Director will provide additional cost information. If the concept is approved, a formal
agreement will be drafted.
Please advise.
Exhibits Attached:
PWD memorandum dated 4/27/99
City Manager's Office Department
(Signature)
\\cape-nt\cityclerk\cityclk\agenda\regular\1999\cm agenda report #3 cost sharing.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: April 29, 1999
SUBJECT: City Council Agenda Item for May 4, 1999
City Cost Sharing, Kelsey's Restaurant Sewer Line Construction
The City's Code of Ordinances, Sec. 78.55(d), requires the owner at their expense to
connect directly to the Public sewer provided that the sewer is within 150 feet of the property
line. Kelsey's Restaurant is located at 8699 Astronaut Blvd. The City Sewer line is located about
500 feet from the property. The projected cost to establish a sewer line is $9,800. It is
understandable that the construction of the four (4) inch sewer line installed by the owner will
only serve the needs of the owner. Hence, any new sewer customers will have to install a sewer
line to fulfill their needs.
It would be to the City's advantage to have one sewer line constructed to meet the needs
of the sewer collection of the service area. To meet this need, a larger gravity sewer line should
be constructed. To accomplish this task, the City needs to have a means for cost sharing, on a
case-by-case approval by City Council. As a guideline, it is recommended that the City shall bear
the cost for the upgrades in service size. The owner shall pay the City, in advance, the
established shared construction amount. In turn, the Owner's sewer impact fees shall be credited
in the amount not to exceed 50% of the total sewer impact fee amount. The logic is based on the
understanding that 50% of the Sewer impact fees are for the treatment facility and 50% are for
the sewer collection system.
Furthermore, Hartman and Associates are currently designing a reclaimed water line for
the Port Authority that will extend along the west side of Astronaut Blvd. It would be
economically feasible to allow this engineering firm to design and draft the necessary change order
to the Port Authority's construction contract. This joint partnership will allow DOT permit and
one contractor to work within the DOT right-of-way. Funds are available within the enterprise
impact fee account.
Recommend the approval of City cost sharing of the construction of a sewer line to
Kelsey's Restaurant and to task Hartman & Associates to provide the design work.
Attachment
CC: File
Meeting Type: Regular
Meeting Date: May 4, 1999
AGENDA
Heading
Ordinances — 1st Reading
[tem
No.
4
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: Ordinance No. 01-99, Small Scale Comprehensive Plan Amendment
DEPT./DIVISION: Growth Management
Requested Action:
City Council consider approval of this Comprehensive Plan Amendment.
Summary Explanation & Background:
This will change 1.42 acres of the Future Land Use Map from R-2 to R-3.
See attached application.
Exhibits Attached:
Application; Ordinance No. 01-99
City Manager's Office
(Signature)
Department
\\Cape-nt\Common Documents\agenda form.doc
\\cape-nt\cityclerk\cityclk\agenda\regular\1999\cm agenda report #1 ord 01-99.doc
ORDINANCE NO. 01-99
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, RELATING TO
COMPREHENSIVE PLANNING; SETTING FORTH AND
ADOPTING THE FIRST SMALL SCALE PLAN
AMENDMENT FOR 1999 AS PROVIDED IN CPA -99-01,
WHICH SHALL AMEND THE COMPREHENSIVE PLAN
FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE
DATE AND LEGAL STATUS OF THE PLAN
AMENDMENT; PROVIDING FOR TRANSMITTAL OF
THE PLAN AMENDMENT TO THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
PRIOR AND INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 163.3161 et. seq., Florida Statutes (1987) established the Local
Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the State
of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Department of
Community Affairs; and
WHEREAS, in January 1999, the City of Cape Canaveral, Florida, adopted the 1999
City of Cape Canaveral Comprehensive Plan, hereafter referred to as the 1999 Plan; and
WHEREAS, Sections 163.3184 and 163.3187, Florida Statutes, established the process
for the amendment of comprehensive plans pursuant to which the City of Cape Canaveral has
established procedures for amending the 1999 Plan; and
WHEREAS, the City of Cape Canaveral applied for a small scale comprehensive plan
amendment (hereafter referred to as "Amendment", and attached hereto as Exhibit "A" and
incorporated herein by reference), effecting a parcel of land, less than 10 acres, for adoption in
the calendar year 1999 as a single amendment; and
WHEREAS, this Amendment will not cause the City to exceed its yearly maximum of
60 acres of small scale amendments; and
WHEREAS, on April 14, 1999, the Local Planning Agency, in accordance with the
procedures in the Cape Canaveral Code, held a public hearing on the proposed Amendment and
considered findings and advice of the city staff, citizens, and all interested parties submitting
comments, and recommended to the City Council that the 1999 Plan be amended and that the
Amendment be submitted to the Department of Community Affairs; and
City of Cape Canaveral
Ordinance No. 01-99
Page 2
WHEREAS, the City Council of the City of Cape Canaveral is hereby electing to
proceed under the single -hearing adoption process pursuant to Section 163.3187(1)(c)(4), Florida
Statutes; and
WHEREAS, on May 18, 1999, the City Council held a duly noticed public hearing on
the proposed Amendment and considered findings and advice of the city staff, citizens, and all
interested parties submitting written and oral comments, and the recommendation of the Local
Planning Agency, and upon thorough and complete deliberation, approved the Amendment, for
submittal to the Department of community Affairs; and
WHEREAS, the Amendment adopted by the Ordinance complies with the requirements
of the Local Government Comprehensive Planning and Land Development Regulation Act.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. Recitals. The foregoing recitals are true and correct and incorporated
herein by reference.
SECTION 2. Authority. This Ordinance is adopted in compliance with, and pursuant
to the Local Government Comprehensive Planning and Land Development Regulations Act,
Sections 163.3184, 163.3187, and 163.3189, Florida Statutes.
SECTION 3. Purpose and Intent. It is hereby declared to be the purpose and intent of
this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of
the 1999 City of Cape Canaveral Comprehensive Plan.
SECTION 4. Adoption of Comprehensive Plan Amendment. Pursuant to Small Scale
Comprehensive Plan Amendment CPA -99-01 to the 1999 Comprehensive Plan, the City of Cape
Canaveral future Land Use Map is hereby amended as specifically provided in Exhibit "A",
attached hereto.
SECTION 5. Effective Date and Leeal Status of the Plan Amendment. The effective
date of this small scale development plan amendment shall be thirty-one (3 1) days after adoption,
unless the amendment is challenged pursuant to Section 163.3187(3), Florida Statutes. If
challenged, the effective date of this Amendment shall be the date a final order is issued by the
Department of Community Affairs or the Administration Commission, finding the Amendment
in compliance with Section 163.3184, Florida Statutes. No development orders, development
permits, or land uses dependent on this Amendment may be issued or commence before it has
become effective. If a final order of noncompliance is issued by the Administration Commission,
this Amendment may nevertheless be made effective by adoption of a resolution affirming its
effective status. After and from the effective date of this Amendment, the comprehensive plan
amendment stated in Section 4 shall amend the 1999 City of Cape Canaveral Comprehensive
Plan, as amended.
G:\CityClk\Ordinance \ZONING\Solana Small Scale Comp Plan .DOC
City of Cape Canaveral
Ordinance No. 01-99
Page 3
SECTION 6. Transmittal to Department of Community Affairs. The City Manager
is hereby designated to sign a letter transmitting this small scale development amendment to the
Department of Community Affairs, in accordance with Section 163.3187(1)(c)(4), Florida
Statutes, and Section 9J-11.015, Florida Administrative Code.
SECTION 7. Repeal of Prior Inconsistent Ordinances and Resolutions. All
ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby
repealed to the extent of the conflict or inconsistency.
SECTION 8. Severability. Should any section or provision of this Ordinance, or any
portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction
to be invalid, such section shall not affect the validity of the remainder hereto as a whole or part
thereof to be declared invalid.
SECTION 9. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on the __ day of , 1999.
Rocky Randels, MAYOR
ATTEST:
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
NAME FOR AGAINST
BRUNS
HERNANDEZ
PETSOS
TREVERTON
RANDELS
Posted: May 5, 1999
Published:
(Council) May 7, 1999
Hearings:
LPA April 14, 1999
Council st rdg: May 4, 1999
Public Hearing: May 18, 1999
G:\CityClk\Ordinances\ZONING\Solana Small Scale Comp Plan. DOC
City of Cape Canaveral
Ordinance No. 01-99
Page 3
SECTION 6. Transmittal to Department of Community Affairs. The City Manager
is hereby designated to sign a letter transmitting this small scale development amendment to the
Department of Community Affairs, in accordance with Section 163.3187(1)(c)(4), Florida
Statutes, and Section 9J-11.015, Florida Administrative Code.
SECTION 7. Repeal of Prior Inconsistent Ordinances and Resolutions. All
ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby
repealed to the extent of the conflict or inconsistency.
SECTION 8. Severability. Should any section or provision of this Ordinance, or any
portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction
to be invalid, such section shall not affect the validity of the remainder hereto as a whole or part
thereof to be declared invalid.
SECTION 9. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on the _ day of , 1999.
Rocky Randels, MAYOR
ATTEST:
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
NAME FOR AGAINST
BRUNS
HERNANDEZ
PETSOS
TREVERTON
RANDELS
Posted: May 5, 1999
Published:
(Council) May 7, 1999
Hearings:
LPA April 14, 1999
Council st rdg: May 4, 1999
Public Hearing: May 18, 1999
\\CAPE-NT\cityclerk\CityClk\Ordinances\ZONING\Solana Small Scale Com Plan .DOC
City of Cape Canaveral
Building Department
(Please print Legibly or Type)
RECEIVED 3 3 99 Remaining #99-07
DATE FILED 3 / 3 /99 ► FEE PAID Yes DEPOSIT
RECEIVED BY SLC $250.00 FILING FEE IS NON-REFUNDABLE
NATURE OF REQUEST
_SPECIAL EXCEPTION VARIANCE X REZONING _APPEAL _CODE AMENDMENT
(IF REQUEST IS FOR A TELECOMMUNICATIONS TOWER ATTACHE SHEET #1 OF TOWER APPLICATION)
DESCRIPTION OF REQUEST
(Insure that the specific section of the Zoning Ordinance that allow & support your request are noted)
(Attach separate sheet if necessary)
Change zoning from R-2 to R-3 per Canaveral code Section 110-137. Adjacent parcel is designated R-3 on future
land use elan adopted January 1999. This small parcel provides the access to the adjacent R-3 property and
Shorewood Condo (Also R-3)
Address of request See attached legal description Part of tax Parcel #252)
Legal Desc. LOT BLK. SUB. Sec 14 TWP. 24-S Range 37E
STATEMENT OF FACT: State of Florida, County of Brevard;
I, Allen Engineering, being duly sworn, deposed and say that:
I am the owner
X I am the owner's designated agent. (Attach notarized letter of authorization)
Owner's Name Solana Dev., Inc
Address 710 Plankinton _ City Milwaukee _ State WI Zip 53203
Home Phone# Work Phone # (414) 274-2473 Other:
(If other than owner)
53 zp:t
Aplicant's Name Allen Engineering, Inc.
Address: Box 321321 City Cocoa Beach State FL Zip 32931-1321
Home Phone # Work Phone # 783-7443 Other
All information, sketches and data contained and made part of this request, are honest and true to the best of my
knowledge and belief.
Sworn to and subscribed before me
this 1st day of March 1999 ,
(Signature)
Signature of Applicant
Jill B Nickel
* *My Commission CC756049
Expires July 5, 2002
Notary Public, State of Florida
County of Brevard ---------------------------------------------------------------------------------------------------
The completed request form and the $250.00 filing fee must be filed as follows: Requests for Variances and Special
Exceptions (Excepting Telecommunication Towers), 14 days prior to the Planning & Zoning Board Meeting; request
for rezoning, 30 days prior to the Planning & Zoning Board meeting; Request for Telecommunications Towers, sixty
days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is
heard by the Planning & Zoning Board. (A deposit may be required, see code section 110-92 for applicability)
FOR CITY USE ONLY
Notice of Public Hearing Published in Newspaper on
Notice to applicant by Certified Mail No.
Notice posted on Bulletin Board on
Notice posted on subject property on
Prop. owners within 500 ft. notified on
03-03-234
225.00
CK # 424673
DEVELOPMENT FACT SHEET
1. APPLICANT:
Name: Allen Engineering, Inc.
Address: 106 Dixie Lane - Post Office Box 321321, Cocoa Beach, FL 32932-1321
Telephone: (407) 783-7443
PROPERTY LOCATION:
General Location or Address: Shorewood Drive, East of Atlantic Ave.
Legal Description: See Attached
(MAYBE ATTACHED TO THIS SHEET)
SIZE OF PROPERTY IN ACRES: 1.42
2. PRESENT ZONING CLASSIFICATION: R-2
Abutting Land Zoning: North: N-1 South: R-2 East: R-3 West: R-2
Abutting Land Use: North: R-3 South: R-2 East: R-3 West: R-3
3. NATURAL FEATURES:
EXISTING STRUCTURES: Shorewood Drive CONSTRUCTION TYPE: N/A
SIZE IN SQUARE FEET: N/A NUMBER OF STORIES: N/A
SOIL: Palm Beach Sand & Tavares Fine Sand
TOPOGRAPHY: Level to rolling with elevation change of 3'+
VEGETATION: Wooded
WILDLIFE: No endangered species SEE EMS Study
FLOOD HAZARD: None FIRM ZONE: -X -Outside 500 yr. flood plain
DRAINAGE: Good Perculation
SITE ELEVATION: 9'+ STRUCTURE ELEVATION: Proposed 11.0'
4. ENVIRONMENTAL ISSUES:
WATER: None - Water supplied by Cocoa
AIR: None
NOISE: None
HISTORICAL/ARCHAEOLOGICAL: None
ATTACHMENTS REQUIRE:
A MAP SHOWING THE PROPERTY AND ALL ADJOINING PROPERTY WITHIN 500
FEET WITH ZONING AND USE INDICATED:
SKETCH TO ACCOMPANY DESCRIPTION
NOT A BOUNDARY SURVEY
PROPOSED COMPREHENSIVE PLAN CHANGE
CANAVERAL PORT AUTHORITY
10 N. LAC OF SECTION 14 N.W. CORNER OF GOWRN WT LOT 1
/M89'43 T4E - 2,539.94' - - - N8945 431.319.16'
15 14, ` N. 1/4 ♦♦CORNER OF SECTION 14
POINT OF COMMENCEMENT
N.W. CORNER OF SECTION 14
N
2mi
PHIL RLPFIN
SCALE: 1'=300'
2
O
V
ZONE
z 3
3\
Q TOUNE REALTY PROPERTY
POINT OF
C / c OOK BEGINNING
3,tN89.45 4 G N.W. CORNER of D
B 177. PAGE 118 J!8
9' C 689'451
606.5 4
1 55.45'
R-2 ZONE
603.15'
S89'52'21 NW
S.W. CORNER OF TOME
REALTY ave PROPERTY
THE VILLAGES OF SEAPORT,
A CONDOMINIUM a
OFFXW RECORDS BOOK 2598. PAGE 135 j
Y
SHEET 1 OF 2 a
PREPARED BY:
mLEN
ingineering, Inc.
SURVEYORS - ENGINEERS
106 DIIB LANE (P.O. BOX 321321)
COCOA BEACH, FLORIDA 32932-1321
TELEPHONE: (407)783-7443 FAX: (407)783-5902
N. LINE OF DEED
BOOK 177, PAGE 118
DEED BOOK 1'1'1, PAGE I 8
SEE SHEET 2 OF 2 FOR DESCRIPTION,
SURVMR'S CERTIFICATION AND SURVEYOR'S NOTES
1. CORRECT PARCEL do DESC. 2-23-99 PREPARED AND CERTIFIED FOR:
DATE.- 1-08-99 DRAWN BY. DJG TOWNE REALTY
JOB NO. 980129 SCALE: 1 -300'
DESCRIPTION
NOT A BOUNDARY SURVEY
DESCR/PTPON: PROPOSED COMPREHENSIVE PLAN CHANGE
A portion of Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being
more particularly described as follows:
Commence at the Northwest comer of said Section 14; thence N89'43'34"E, along the
North line of the Northwest one-quarter of said Section 14, a distance of 2,639.94 feet, to the
Northwest corner of the Northeast one-quarter of said Section 14; thence N89' 45' 43"E,
along the North line of the Northeast one-quarter of said Section 14, a distance of 1,319.16 feet,
to the Northwest comer of Government Lot 1 of said Section 14; thence S0129 O1 E, along
the West line of said Government Lot 1 and its Southerly extension, a distance of 1,520.26 feet,
to a point on the North line of lands described in Deed Book 177, Page 118 of the Public
Records of Brevard County, Florida, thence S89'45'43"W, along said North line, a distance
of 456.45 feet, to the Northwest comer of said lands• and the POINT OF BEGINNING of the
herein described parcel, • thence SOO'26'53"W, along the West line of said lands, a distance
of 102.77 feet, to a point on the North line of The Villages Of Seaport, A Condominium, as
described in Official Records Book 2598, Page 135 of the Public Records of Brevard County,
Florida, thence S89'52'21"W, along said North line, a distance of 603.15 feet, to the
Southwest comer of those lands owned by Towne Realty, Inc., its subsidiaries, successors and
or assigns; thence N01'29'01 "W, along said West line, a distance of 101.63 feet, to a point
on the North line of that property zoned "R-2" as shown on the Official Zoning Map of the City of
Cape Canaveral, Florida; thence N89'45'43" E along the North line of said "R-2" zoning, a
distance of 606.59 feet, to the POINT OF BEGINNING,• Containing 1.42 acres, more or less.
SURVEYOR'S NOTES:
1. THIS 1S NOT A SURVEY.
2. The bearings shown hereon are based on published coordinates for Florida Department
of Natural Resources Coastal Construction Control Line reference monuments
"70 -80 -A01" and "70-80-A03, " State Plane Coordinates, Florida East Zone.
3. • = Denotes change in direction (no corner found or set).
SEE SHEET 1 OF 2 FOR THE SKETCH 70 ACCOMPANY THIS DESCRIPTION.
SHEET 2 OF 2
PREPARED BY:
ALLEN
Engineering, Inc.
SURVEYORS - ENGINEERS
106 DIXIE LANE (P.O. BOX 321321)
COCOA BEACH, FLORIDA 32932-1321
TELEPHONE: (407)783-7443 FAX: (407)783-5902
2.
1. 1 CORRECT PARCEL & DESC. 2-23-99
JOB NO. 980129 1 DATE: 1-08-99
SURVEYOR'S CERTIFICATION:
I hereby certify that the attached Property Description was prepred
under my direction, in accordance with all applicable requirement of
the "Minimum Technical Standards, " for land surveying in the State of
Florida, described in Chapter 61G17-6, Florida Administrative Code,
pursuant to Chapter 472.027, Florida Statutes.
ALLEN ENGINEERING, INC.
BY: (Signature)
ROBERT A. SALMON
PROFESSIONAL SURVEYOR &
MAPPER
FLORIDA REGISTRATION No. 4262
Not valid without the signature
and the original raised seal of a
Florida licensed surveyor and mapper.
PREPARED AND CERTIFIED FOR:
TOWNE REALTY
Property Owners of Record within
500 feet of Subject
Tax Parcel #
13 Shorewood Condominium
607 Shorewood Drive
Cape Canaveral, FL 32920
18 The Villages of Seaport Homeowners Asso.
8850 N. Atlantic Avenue
Cape Canaveral, FL 32920
254 Richard H. Stottler, Jr.
8680 N. Atlantic Ave.
Cape Canaveral, FL 32920-3428
252 Phil Ruffin
1522 South Florence
Wichita, KS 67404
Property Owners of Record within
500 feet of Subject
Tax Parcel #
13 Shorewood Condominium
607 Shorewood Drive
Cape Canaveral, FL 32920
18 The Villages of Seaport Homeowners Asso.
8850 N. Atlantic Avenue
Cape Canaveral, FL 32920
254 Richard H. Stottler, Jr.
8680 N. Atlantic Ave.
Cape Canaveral, FL 32920-3428
252 Phil Ruffin
1522 South Florence
Wichita, KS 67404
SECTION 14 CANAVERAL PORT AUTHORITY
04P SMUM POIKT OF BEONN/NC ,
amr We — N. crraE 0.F ,* n/ ' 'L ' N W. calx aF- Qo1E {rf 9 for I
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AAO IDE NTMAMW LIEC CE p
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PRaAosm Ra4Orur sEa,ENr /r ^. ■ E-
PHIL fsUili l FOIND / ROD
u N(
(AOT A PART) • 260.06
8 8 . •
a ^ d
PROPOSED ROADWAY &SEUDiT /2 t;
os
AIW45•431' 627,4. .. I N o 4
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RESERIOItAafN
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w ^^ Aa i1° "rin DROD Q Fi?LA1m s/3 AWN '
Z w (ast' AL, MM' w.) `1 (1.0 AE.APO ' • .)
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AL LME OF S200' OF 260.06 o(a23• S, fess' w.)
AL 990' OF COMMENT LOT 1 N • • •► R?fA0 112- rR+arN ROi
Z _
TRACTK , . gi S Lv*,r OF PC 14 990' Of? 00WMV Vff t
F - c 7
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N I OF GOVfMVAAOVT LOT t
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1 N.0
1319.16' 0 - 2 O (WT
AL LME OF GOVVVAAW LOT 3 NM OF hw ` _SLVE QF OOWDVAO& Lor 1
LaEID f77, PACE 118i
r39w ,q AL *431E 380.5;0'.,
45
32 t. 489.24 , • 682.79' ALQ9 31r r
x s CT PARCEL 6.x$'43 50' ROAD RESERMON
S89'52.2l V 60:3. 15'
47 ' ACMS ROAD .r0 THE SEAPORT O( A IFRi0N7
o F.A.SWENT a' OFFXML /BOOK
THE VILLAGES OF SEAPORT, A OQAI/N/U111
Ol F7CML RECORDS BOOK 2598. AGE 135
DO*- 91'16 44'
Arc- 5174
I Tagr►t- 35.77
s o chord- 50.03 tiry
Chard ft. S 44VO 2111:
W^
r g REMAINDER OF
GOVERNMENT LOT 3
(NOT A PART)
N.8T472f'r. 1579.11' -- -- -- g
-hb
y
T 1 nNII I t A /
(illegible)
EMS
ENVIRONMENTAL MANAGEMENT SYSTEMS, INC.
4475 U.S.1 South, Suite 403
St. Augustine, FL 32086
(904) 794-0244
November 23, 1998
Mr. Jim Borris, V.P.
Towne Realty, Inc.
710 N. Plankinton Ave.
Milwaukee, Wisconsin 53203
KE: Shorewood ll - # 56 Acres, Preliminary E & T Survey
Dear Mr. Borris:
On November 18, 1998, EMS staff conducted a preliminary endangucd and threatened species
survey on the referenced property. A two -person team of environmental scientists inspected the
project site via pedestrian transects through the cleared area and along the outside boundaries,
including the beachfront. Prior to the initiation of field work a background literature search was
conducted for Brevard County to detatnine the legally protected species that have the potential to
occur within the project Limits. Species Cysts were compiled by using a computer database maintained
by EMS, which contains species occurrence by county and habitat type. Tables 1 and 2 were
generated and aro included with this letter report.
There were essentially two vegetative communities within the project sites The coastal dune
community directly adjacent to the beach was dominated by sea oats on the oceanfront and a mature
coastal oak hammock dominated by live oak and saw palmetto made up the remainder of the site.
The only listed species observed to inhabit the project site was the gopher tortoise (Gopherus
polyphenus). There were numerous burrows observed within the dune area immediately adjacent to
the beach. The approximate locations of these burrows are indicated on the enclosed aerials, however
this was not a complete gopher tortoise survey done to Florida Game and Fresh Water Fish
Commission's (FGMC) guidelines. The gopher tortoise is a "Species of Special Concern", as
designated by FGFWFC. A permit for the relocation or incidental take of this species would be
required in areas that would be impacted. Some tortoise burrows were also observed within the five
oak hammock area, however the heavy canopy and lack of open areas within most of this habitat was
not very suitable for tortoises. The coastal construction limits line would likely be landward of the
vast majority of the observed tortoise burrows on this site. therefore very few may be impacted due
to construction plans. A more thorough survey should be conducted prior to obtaining permits. There
were no other endangered or threatened wildlife species observed during this site visit as listed by the
US Fish and Wildlife Service or the FGFWFC. There was no sign of scrub jays (Aphelocoma
coerulescrens coerulescens) or their nests inhabiting this project site. The habitat on the property is
unsuitable for this species.
(illgible)
The presence ofendangeted or threatened plant species involves primarily federal agencies. Section
7(ax2) of the Endangered Species Act requires federal agencies to ensure that any action they
authorize, fund or carry out does not jeopardize the continued existence of any Endangered or
Threatened species. 'There were no listed plant species observed on the project site during this site
visit.
If you have any questions please fed free to call me. Thank you for the opportunity.
sincerely,
(Signature)
Joshua J. Orrell
Environmental consultant
enclosures
(illegible)
EMS
ENVIRONMENTAL MANAGEMENT SYSTEMS, INC.
4475 U.S.1 South, Suite 403
St. Augustine, FL 32086
(904) 794-0244
November 23, 1998
Mr. Jim Borris, V.P.
Towne Realty, Inc.
710 N. Plankinton Ave.
Milwaukee Wisconsin 53203
RE: Shorewood 11- t 56 Amies, Preliminary E & T Survey
Dear Ivfr. Borris:
On November 18, 1998, EMS staff conducted a preliminary endangered and threatened species
survey on the referenced property. A two -person team of environmental scientists inspected the
project site via pedestrian transects through the cleared area and along the outside boundaries,
including the beachfront. Prior to the initiation of field work, a background literature search was
conducted for Brevard County to determine the legally protected species that have the potential to
occur within the project limits. Species lists were compiled by using a computer database maintained
by EMS, which contains species occurrence by county and habitat type. Tables 1 and 2 were
generated and are included with this letter report.
There were essentially two vegetative communities within the project site. The coastal dune
community directly adjacent to the beach was dominated by sea oats on the oceanfront and a mature
coastal oak hammock dominated by five oak and saw palmetto made up the remainder of the site.
The only listed species observed to inhabit the project site was the gopher tortoise (Gopherus
polyphemus). There were burrows observed within the dune area immediately adjacent to
the beach. The approximate locations of these burrows are indicated on the enclosed aerials, however
this was not a complete gopher tortoise survey done to Florida Game and Fresh Water Fish
Commission's (FGFWFC) guidelines. The gopher tortoise is a "Species of Special Concern", as
designated by FGFWFC. A permit for the relocation or incidental take of this species would be
required in areas that would be impacted. Some tortoise burrows were also observed within the live
oak hammock area, however the heavy canopy and lack of open areas within most of this habitat was
not very suitable for tortoises. The coastal constriction limits line would likely be landward of the
vast majority of the observed tortoise burrows on this site, therefore very few may be impacted due
to construction plans. A more thorough survey should be conducted prior to obtaining pennies. There
were no other endangered or threatened wildlife species observed during this site visit as listed by the
US Fish and Wildlife Service or the FGFWFC. There was no sign of scrub jays (Aphelocoma
coerulescens coerulescens) or their nests inhabiting this project site. The habitat on the property is
unsuitable for this species.
(illegible)
The presence of endangered or threatened plant species involves primarily federal agencies. Section
7(a)(2) of the Endangered Species Act requires federal agencies to ensure that any action they
authorize, fund or carry out does not jeopardize the continued existence of any Endangered or
Threatened species. There were no listed plant species observed on the project site during this site
visit.
If you have any questions prase fed free to call me. Thank you for the oppontunity.
Sincerely,
(Signature)
Joshua J. Orrell
Environmental Consultant
enclosures
CERTIFIED RESOLUTIONS
OF
SOLANA DEVELOPMENT, INC.
The undersigned, James B. Young, hereby certifies that he is the elected, authorized
and acting Senior Vice President and Secretary of Solana Development, Inc., a Florida
corporation ("Corporation"), and that the following resolutions have been adopted by the
Board of Directors, are in full force and effect, and have not been amended, altered or
supplemented since their adoption:
RESOLVED, That Corporation took title to those certain lands in Cape
Canaveral, Brevard County, Florida, referred to on the attached Warranty
Deed by delivery of said Deed by the prior owner, Phil Ruffin, to the
Corporation on Monday, March 15, 1999; and
FURTHER RESOLVED, That John M. Allen, President of Allen Engineering,
Inc. of Cocoa Beach, Florida, be and he hereby is authorized to act on behalf
of Corporation in all manner and ways with respect to zoning and rezoning of
the real estate which is the subject of the attached deed; and
FURTHER RESOLVED, That Corporation is also the owner of those lands in
Cape Canaveral, Brevard County, Florida, described as follows:
The West 260 feet of the South 530 feet of the North 790 feet of
Government Lot 1, Section 14, Township 24 South, Range 37
East, Brevard County, Florida,
which are lands contiguous to those referred to in the attached Warranty
Deed, and that John M. Allen, President of Allen Engineering, Inc. is also
hereby authorized to act on behalf of Corporation with respect to all zoning
and rezoning matters with respect to said lands; and
FURTHER RESOLVED, that the City of Cape Canaveral and any other
governmental agency or entity may rely upon this resolution with respect to
such zoning and rezoning matters.
Dated this 19th day of March, 1999.
(Signature)
James B. Young, Senior Vice President
and Secretary
STATE OF WISCONSIN )
ss.
MILWAUKEE COUNTY )
The foregoing instrument was acknowledged before me on this 19th day of March,
1999, by James B. Young, Senior Vice President and Secretary of Solana Development,
Inc., who is personally known to me and who did not take an oath.
(Signature)
Janis B. Wolf, Notary Pubilc
Milwaukee County, WI
My Commission expires 9/30/01.
This Instrument prepared by:
After recording, please return to:
Sanford N. Reinhard, Esq.
2875 N.E. 191st Street, Suite 404
Aventura, FL 33180
WARRANTY DEED
THIS INDENTURE, made on 1 Mar 11, 1999, between PHIL RUFFIN, ('Grantor"),
and SOLANA DEVELOPMENT, INC., a Florida corporation ("Grantee"), whose post office address is:
710 N. PLANKINTON, MILWAUKEE, WI 53203.
WITNESSETH:
That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and No/100 and
other good and valuable considerations to them in hand paid by said Grantee, the receipt whereof is
hereby acknowledged, have granted, bargained and sold to the said Grantee and Grantee's heirs and
assigns forever, the following described land, situate, lying and being in BREVARD County, Florida, to wit:
See Exhibit "A" attached hereto and made a part hereof
Tax Folio No.:
This property is not homestead property and Is not contiguous to homestead property and
the principal residence of the grantor Is 2 1522 SO FLORENCE
Wichita, Kansas 67217
This conveyance Is subject to the matters set forth on Exhibit "B".
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said
land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that
the Grantor hereby fully warrants the title to said land and will defend same against lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and year
first above written.
Signed, sealed and delivered
3 (Signature)
PHIL RUFFIN
Address: ? Box 17087
Wichita, Kansas 67217
4 (Signature)
Witness
Printed name: Craig T. Dudley
5 (Signature)
Witness
Printed name: Elaine Gardner
STATE OF NEVADA )
ss.
COUNTY OF 6 Clark ) ss.
)
DOUGLAS VAN PATTEN
Notary Public - Nevada
No. 94 -5660-1
MY appt. exp. Aug. 17 2002
The foregoing Instrument was acknowledged before me on 7 03-11-99
RUFFIN, who Is personally known to me, or has produced 8 Driver License as
identification, and who did/did not take an oath.
My Commission expires: Aug 17, 2002
9 (Signature)
Print Name: Douglas Van Patten
NOTARY PUBLIC, STATE OF NEVADA
F:\AJP\ruffin deed.wpd
Meeting Type: Regular
Meeting Date: May 4, 1999
AGENDA
Heading
Ordinances — 1st Reading
Item
No.
5
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: Ordinance No. 02-99, Amending the Official Zoning Map
DEPT./DIVISION: Growth Management
Requested Action:
City Council amend the Official City Zoning Map as requested by the applicant, Solana Development, Inc.
Summary Explanation & Background:
This amendment changes the parcel indicated in the application from R-2 to R-3
I recommend approval.
Exhibits Attached:
Application; Ordinance No. 02-99
City Manager's Office
(Signature)
Department
\\Cape-nt\\Common Documents\agenda form.doc
\\cape-nt\cityclerk\cityclk\agenda\regular\1999\cm agenda report #5 ord 02-99.doc
ORDINANCE NO. 02-99
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING THE
OFFICIAL ZONING MAP AS DESCRIBED IN SECTION
110-246, OFFICIAL ZONING MAP, BY CHANGING THE
CLASSIFICATION OF CERTAIN PROPERTY FROM R-2
(MEDIUM DENSITY RESIDENTIAL DISTRICT) TO R-3
(MEDIUM DENSITY RESIDENTIAL DISTRICT) AS
DESCRIBED IN EXHIBIT "A"'; PROVIDING THE
CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL
OF PRIOR AND INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Land Planning Agency ("LPA) of the City of Cape Canaveral, Florida,
has held a public hearing on changes to the zoning classification on the property indicated below;
and
WHEREAS, LPA has reviewed the property owner's petition for a rezoning of the
property to R-3 (Medium Density Residential District) and issued a recommendation to approve
the rezoning to the City Council; and
WHEREAS, the public was heard at a regular meeting of the City Council on the petition
requesting changes indicated below and, after full discussion, the Council having found that the
best interest for the City of Cape Canaveral and its citizens would be served by granting the
petition to change the zoning classification; and
WHEREAS, the City Council, based on the reasons and findings stated in the analysis
and recommendation of the staff, has found that the proposed zoning amendment is consistent
with the provisions of the City of Cape Canaveral Comprehensive Plan.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. That the Official Zoning Map of the City of Cape Canaveral, Florida, as
described in Section 110-245, Official Zoning Map, is hereby amended to include a change of
classification from R-2 (Medium Density Residential District) to R-3 (Medium Density
Residential District) for the property legally described as:
See Exhibit "A" Attached Hereto
SECTION 2. That the development of the property as described in Exhibit "A" shall be
governed by the provision of Chapter 110, regarding the R-3 zoning district, of the Zoning
\\CAPE-NT\cityclerk\CityClk\Ordinances\ZONING\Solana Rezoning.DOC
City of Cape Canaveral
Ordinance No. 02-99
Page 2
Ordinance of the City of Cape Canaveral, Florida, or any amendments, modifications, additions
or recodifications thereto.
SECTION 3. All ordinances and resolutions or parts of ordinances and resolutions in
conflict herewith are hereby repealed to the extent of the conflict or inconsistency.
SECTION 4. Should any section or provision of the Ordinance, or any portion hereof,
any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be
declared invalid.
SECTION 5. This Ordinance shall become effective after the amendment has been duly
recorded upon the official zoning map of the City of Cape Canaveral.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on the day of , 1999.
Rocky Randels, MAYOR
ATTEST:
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
NAME FOR AGAINST
BRUNS
HERNANDEZ
PETSOS
TREVERTON
RANDELS
First Reading: May 4, 1999
Posted: May 5, 1999
Published:
(Public Hrg) May 7, 1999
Public Hearings:
LPA April 14, 1999
Council 1st rdg. May 4, 1999
Council Public Hrg May 20, 1999
\\cape-nt\cityclerk\cityclk\ordinances\zoning\solana rezoning.doc
Exhibit A
A portion of Section 14, Township 24 South, Range 37 Bast, Brevard County, Florida,
being more particularly described as follows;
Commence at the Northwest corner of sold Section 14; thence N89043'34"E. along the
North lino of the Northwest ono -quarter of said Section 14, a distance of 2,639.94 feet, to
the North one -quarter comer of said Section 14; thence N89'45'43"E, along the North
line of the Northeast one-quarter of said Section 14, a distance of 883.56 feet, to the
POINT OF BEGINNING of the herein described parcel; thence continue, 1489°45'43"E,
along the North line of the Northeast one -quarter of said Section 14, a distance of 435.60
feet, to the Northwest corner of Government Lot 1 of said Section 14; thence
S01'29'01 "E, along the West line of said Government Lot 1, a distance of 790.19 feet, to
a point on the South line of the North 790.00 feet of said Government Lot 1; thence
N89'45'43"E, along said South line, a distance of 260.06 feet, to a point on the East line
of the West 260.00 feet of said Government Lot 1; thence N01*29'01"W, along said East
line, a distance of 530.13 feet, to a point on the South line of the North 260.00 feet of said
Government Lot 1; thence N89°45'43"E, along said South line, a distance of 1,554.47
feet, to a point on the Erosion Control Line of the Atlantic Ocean as shown on that survey
approved by the Trustees of the Internal Improvement Taut Purtd of the State of Florida
on December 18, 1973, and recorded in Survey Book 2 Pages 6 through 11 of the Public
Records of Brevard County, Florida; thence S17'57'36"W, along said Erosion Control
Line, a distance of 770.71 feet, to a point on the Notch line of the South 330.00 feet of
said Government Lot 1; thence S89'4633W, along said North line, a distance of
1,557.93 fat, to a point on the West line of said Oovcrmrrent Lot 1; theneo S01*29101 "E,
along said West line and its Southerly extension, a distance of 528.24 feet, to a point on
the North line of lands described In Deed Book 177, Page 118 of the Public Records of
Brevard County, Florida; thence S89°45'43"W, along said North line, a distance of
456.45 feet, to the Northwest comer of said lands; thence S00°26'53"W, along the West
line of said lands, a distance of 102.77 feet, to a point on the North line of The Villages
Of Seaport, A Condominium, as described In Official Records Book 2598, Page 135 of
the Public Records of Brevard County, Florida; thence S89'52'21"W, along said North
line, a distance of 603.15 feet; thence ,N01'29'01"W, a distance of 1,121.77 feet; thence
N89'45'43"E, a distance of 627.44 feet; thence N01*29'01"W, a distance of 500.12 feet,
to the POINT OF BEGINNING; Containing 56.48 acres, more or less.
CPA-99-01
RECEIVED 3 3 99
BUILDING & PUBLIC SAFETY DEPARTMENT
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION FOR PUBLIC HEARING FOR A CHANGE OF LAND USE
REQUEST TO AMEND THE COMPREHENSIVE PLAIN
This application, together with ALL REQUIRED EXHIBITS, shall be completed and filed with the zoning division prior to the
established filing deadline for the Public hearing before the Planning and Zoning Board. A COMPREHENSIVE PLAN
AMENDMENT DOES NOT ENTITLE THE OWNER TO A DEVELOPMENT PERMIT.
TYPE or PRINT the following information (TO BE COMPLETED BY APPLICANT)
Owner(s):_ Solana Dev. Inc. Applicant:_ Allen Engineering, Inc.
Address: -710 N.Plankinton Address: PO Box 321321
City: Milwaukee State: WI City:_Cocoa Beach State: FL
Zip Code: 53203 _Phone: (414) 274-2473 .Zip Code:32932-1321 Phone: 783-7443
TYPE OF REQUEST
Change to the Text of the Comprehensive Plan
Comprehensive Plan Element:
Change to an Existing Provision:
Attach proposed wording, reasons, and appropriate data and analysis to support the requested change.
X- Change to the Zoning Map
Existing Zoning Designation: R-2
Requested Zoning Designation: R-3
Attach reasons for requested change:
X- Change to the Future Land Use Map
Existing Future Land Use Designation: R- 2
Requested Future Land Use Designation: R -3
Attach reasons for requested change.
LOCATION
Section: 14 Township: 24. S Range: 37 E
Block: Lot/Parcel: Subdivision:
Total Acreage: 1.42 Overall Dimensions: 102' X 605'
Location and Distance from Nearest Public Road(s): 1500 LF East of Atlantic Avenue
REQUIRED EXHIBITS
_X_ The complete legal. description (and the tax identification number) of the property or portion thereof that the amendment is
being requested for, typed on a separate sheet of paper. An error in the Iegal description will result in the request being
delayed at the owner/applicants expense.
_X_A certified survey of the subject property. A County Property Appraiser's map describing the exact parcel may be iecepted
in lieu of a survey in certain instances.
_X_A County Property Appraiser's map identifying the subject property and all of the owners located within 300 feet of the
boundaries of the subject property.
_X_A list of names and addresses of all of the property owners located within 500 feet of the boundaries of the subject proper
and keyed to the County Property Appraiser's map.
_X_A copy of the most recent recorded Warranty Deed.
__Notarized statements from all property owners listed on the Warranty Deed who are authorizing someone other
than themselves to act on their behalf as the applicant:
Signature of Staff member discussing proposed action with the Applicant:
The undersigned understands that this application must be complete and accurate prior to advertising a public hearing:
STATE OF FL COUNTY OF Brevard .I , John Allen, Allen Engineering, Inc.
being first duly sworn, depose and say that:
I am the owner of the subject property, or (if corporation. I am the Officer of the corporation authorized to act on this
request).
X_I am the legal representative of the owner of the subject property of this application. (if the property is not owned. or
owned only in part by the applicant. a notarized letter must accompany the application giving written consent by all
property owners of the subject property unless the applicant is the Attorney for the owner).
ALL THE ANSWERS TO THE QUESTIONS IN THIS APPLICATION. ALL SKETCHES AND DATA ATTACHED TO AND
MADE A PART OF THIS APPLICATION ARE TRUE TO THE BEST OF MY KNOWLEDGE.
Jill B Nickel
My Commission CO756049
Expires July 5, 2002
State of Florida,
County of Brevard
Jill B. Nickel
(SIGNATURE)
SWORD SUBSCRIBED TO BEFORE ME THIS 1st DAY OF March , 1999
MY COMMISSION EXPIRES: 07/05/02
03-03 240 2 2 5 0 0 0
SKETCH TO ACCOMPANY DESCRIPTION
NOT A BOUNDARY SURVEY
PROPOSED COMPREHENSIVE PLAN CHANGE
CANAVERAL PORT AUT14ORITY
1 N. LINE OF SECTION 14
N 89*43J4'E — 2,639.94' 1,Jf9.16'
N. 1/4IIII "CORNER OF SECTION 14
F POINT OF COMMENCEMEMT
N.W. CORNIR OF SECTION 14
M-1
PHIL RIJFFIN
SCALE V=300'
SHEET I OF 2
PREPAIM BY:
ZONE
TOILNE REALTY PROPERTY
r_4
N89 -45'43"E
606.59
R-2 ZONE
603.15'
S89'52'21 V
sx. CORNER OF TOWN£
REALTY W. PROPERTY
b
THE VILLAGES OF SEAPORT,
A G0N00MINILJM o `
W
OFFIGYAL RECORDS BOOK 2598, PAGE 135
3
ALLEN
Ungineering, Inc.
SURVEYORS - ENGINEERS
108 DDRB LANE (P.O. BOX 321321)
COCOA BEACH, FLORIDA 32932-1321
SHONE: (407)783-7443 FAX: (407)783-5902
2.
1. CORRECT PARCEL do OESC. 2-23-99
DA TE. 1-08-99 DRAWN BY. DJG
/NW. CORNER OF GOVERNMENT LOr 1
POINT OF
BEGINNING
N.W. CORNER OF DEED
BOOK 177, PAGE 118
S89'45 4J9V
456.45'
N
0
- N LIN£ OF DEED
BOOK 177, PAGE 118
Ta °
20
d> 4
DEED 500K III, PAGE 118
SEE' SHEET 2 OF 2 FOR DESCRIPTION,
SURVEM'S CER71RO477ON AND SURVEYOR'S N67ES
PREPARED AND CERTIFIED
TOWNE REALTY
3
c
O
n
N
i
Z
O
0
1
POINT OF
BEGINNING
N.W. CORNER OF DEED
BOOK 177, PAGE 118
S89'45 4J9V
456.45'
N
0
- N LIN£ OF DEED
BOOK 177, PAGE 118
Ta °
20
d> 4
DEED 500K III, PAGE 118
SEE' SHEET 2 OF 2 FOR DESCRIPTION,
SURVEM'S CER71RO477ON AND SURVEYOR'S N67ES
PREPARED AND CERTIFIED
TOWNE REALTY
3
c
DESCRIPTION
NOT A BOUNDARY SURVEY
DESCRIPRON: PROPOSED COMPRENENSAE PLAN CHANGE
A portion of Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being
more particularly described as follows:
Commence at the Northwest corner of said Section 14, thence N89'43'34" E, along the
North line of the Northwest one-quarter of said Section 14, a distance of 2,639.94 feet, to the
Northwest corner of the Northeast one-quarter of said Section 14; thence N89'45'43"E,
along the North line of the Northeast one-quarter of said Section 14, a distance of 1,319.16 feet,
to the Northwest corner of Government Lot 1 of said Section 14; thence SO1' 29 'O1"E, along
the West line of said Government Lot 1 and its Southerly extension, a distance of 1,520.26 feet,
to a point on the North line of lands described in Deed Book 177, Page 118 of the Public
Records of Brevard County, Florida; thence S89'4543'1V, along said North line, a distance
of 456.45 feet, to the Northwest comer of said lands and the POINT OF BEGINNING of the
herein described parcel; thence S00'26'53"W, along the West line of said lands, a distance
of 102.77 feet, to a point on the North line of The Villages Of Seaport, A Condominium, as
described in Official Records Book 2598, Page 135 of the Public Records of Brevard County,
Florida; thence S89 52 21 'N; along said North line, a distance of 603.15 feet, to the
Southwest comer of those lands owned by Towne Realty, Inc., its subsidiaries, successors and
or assigns, thence NO1'29'O1 "W, along said West line, a distance of 101.63 feet, to a point
on the North line of that property zoned R-2" as shown on the Official Zoninj Map of the City of
Cape Canaveral, Florida, thence N89'45'43"E, along the North line of said "R-2 zoning, a
distance of 606.59 feet to the POINT OF BEGINNING; Containing 1.42 acres, more or less.
SURVEYOR'S NOTES:
1. THIS IS NOT A SURVEY.
2. The bearings shown hereon are based on published coordinates for Florida Department
of Natural Resources Coastal Construction Control Line reference monuments
"70-80-AO1" and "70-80 A03," State Plane Coordinates, Florida East Zone.
3. • = Denotes change in direction (no corner found or set).
SEE SHEET 1 OF 2 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION.
SHEET 2 OF 2
PREPARED BY
ALLEN
Engineering, Inc.
SURVEYORS — ENGINEERS
106 DIXIE LANE (P.O. BOX 321321)
COCOA BEACH, FLORIDA 32932-1321
TELEPHONE: (407)783-7443 FAX: (407)783-5902
3.
2.
1. CORRECT PARCEL & DESC. 2-23-99
JOB NO. 980129 DATE: 1-08-99
SURVEYOR'S CERTIFICATION:
I hereby certify that the attached Property Description was prepared
under my direction, in accordance with all applicable requirements of
the Minimum Technical Standards, " for land surveying in the State of
Florida, described in Chapter 61G17-6, Florida Administrative Code,
pursuant to Chapter 472.027, Florida Statutes.
Not valid without the signature
and the original raised seal of a
Florida licensed surveyor and mapper.
ALLEN ENGINEERING, INC.
BY: (Signature)
ROBERT M. SALMON
PROFESSIONAL SURVEYOR &
MAPPER
FLORIDA REGISTRATION No. 4262
PREPARED AND CERTIFIED FOR:
TOWNE REALTY
Property Owners of Record within
500 feet of Subject
Tax Parcel #
13 Shorewood Condominium
607 Shorewood Drive
Cape Canaveral, FL 32920
18 The Villages of Seaport Homeowners Asso.
8850 N. Atlantic Avenue
Cape Canaveral, FL 32920
254 Richard H. Stottler, Jr.
8680 N. Atlantic Ave.
Cape Canaveral, FL 32920-3428
252 Phil Ruffm
1522 South Florence
Wichita, KS 67404
SECTION 14 CANAVERAL AL Fll i" AUTHORITY
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I y.
ALLEN
Engineering, Inc.
106 DIXIE LANE- P.O. BOX 321321, COCOA BEACH, FLORIDA
(407) 783-7443
FAX (407) 783-5902
February 26, 1999
Steve Bapp
Planning & Zoning
City of Cape Canaveral
PO Box 326
Cape Canaveral, FL 32930-0326
RE: Rezoning (Part Tax Parcel #252)
Dear Steve:
Enclosed are two requests for rezoning with $250 filing fees for each. One request is to
rezone 24.89 acres of M-1 to R-3 to comply with the future land use map adopted by the City
Council January 1999.
The second request involves 1.42 acres of R-2 to be rezoned to R-3. This parcel includes the
road which will serve the adjacent property to the north and currently serves Shorewood
Condominiums. A small comprehensive plan amendment is being requested for this 1.42 acres as
it appears to be R-2 on the future land use plan.
Letter of authorization to act as applicant to follow.
Sincerely,
(Signature)
Kay Blahauvietz
KB/mew
CERTIFIED RESOLUTIONS
OF
SOLANA DEVELOPMENT, INC.
The undersigned, James B. Young, hereby certifies that he is the elected, authorized
and acting Senior Vice President and Secretary of Solana Development, Inc., a Florida
corporation ("Corporation"), and that the following resolutions have been adopted by the
Board of Directors, are in full force and effect, and have not been amended, altered or
supplemented since their adoption:
RESOLVED, That Corporation took title to those certain lands in Cape
Canaveral, Brevard County, Florida, referred to on the attached Warranty
Deed by delivery of said Deed by the prior owner, Phil Ruffin, to the
Corporation on Monday, March 15, 1999; and
FURTHER RESOLVED, That John M. Allen, President of Allen Engineering,
Inc. of Cocoa Beach, Florida, be and he hereby is authorized to act on behalf
of Corporation in all manner and ways with respect to zoning and rezoning of
the real estate which is the subject of the attached deed; and
FURTHER RESOLVED, That Corporation is also the owner of those lands in
Cape Canaveral, Brevard County, Florida, described as follows:
The West 260 feet of the South 530 feet of the North 790 feet of
Government Lot 1, Section 14, Township 24 South, Range 37
East, Brevard County, Florida,
which are lands contiguous to those referred to in the attached Warranty
Deed, and that John M. Allen, President of Allen Engineering, Inc. is also
hereby authorized to act on behalf of Corporation with respect to all zoning
and rezoning matters with respect to said lands; and
FURTHER RESOLVED, that the City of Cape Canaveral and any other
governmental agency or entity may rely upon this resolution with respect to
such zoning and rezoning matters.
Dated this 19th day of March, 1999.
(Signature)
James B. Youung, Senior Vice President
and Secretary
STATE OF WISCONSIN )
ss.
MILWAUKEE COUNTY )
The foregoing instrument was acknowledged before me on this 19th day of March,
1999 by James B Young, Senior Vice President and Secretary of Solana Development.
This Instrument prepared by:
After recording, please return to:
Sanford N. Reinhard, Esq.
2875 N. E. 191st Street, Suite 404
Aventure, FL 33180
WARRANTY DEED
THIS INDENTURE, made on 1 Mar 11, 1999 , between PHIL RUFFIN, ("Grantor''),
and SOLANA DEVELOPMENT, INC., a Florida corporation .("Grantee"), whose post office address is:
710 N. PLANKINTON, MILWAUKEE, WI 53203.
WITNESSETH:
That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and No/100 ano
other good and valuable considerations to them in hand paid by said Grantee, the receipt whereof is
hereby acknowledged, have granted, bargained and sold to the said Grantee and Grantee's heirs and
assigns forever, the following described land, situate, lying and being in BREVARD County, Florida, to wit:
See Exhibit "A" attached hereto and made a part hereof
Tax Folio No.:
This property is not homestead property and is not contiguous to homestead property and
the principal residence of the grantor is 2 1522 So Florence Wichita, Kansas 67217
This conveyance is subject to the matters set forth on Exhibit "B".
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said
land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that
the Grantor hereby fully warrants the title to said land and will defend same against lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and year
first above written.
Signed, sealed and delivered
in the presence of:
4 (Signature)
Witness
Printed name: Craig T. Dudley
5 (Signature)
Witness
Printed name: ELAINE GARDNER
STATE OF OF NEVADA )
) ss.
)
COUNTY OF 6 Clark
3 (Signature)
PHIL RUFFIN
Address: 2 Box 17087
Wichita, Kansas
67217
DOUGLAS VAN PATTEN
Notary Public - Nevada
No. 94-5660-1
My appt. exp. Aug. 17 2002
Exhibit A
A portion of Section 14, Township 24 South, Range 37 East, Brevard County, Florida,
being more particularly described as follows:
Commence at the Northwest corner of said Section 14; thence N89'43'34"E, along the
North line of the Northwest one-quarter of said Section 14, a distance of 2,639.94 feet, to
the North one-quarter corner of said Section 14; thence N89'45'43"E, along the North
line of the Northeast one-quarter of said Section 14, a distance of 883.56 feet, to the
POINT OF BEGINNING of the herein described parcel; thence continue, N89'45'4311E,
along the North line of the Northeast one-quarter of said Section 14, a distance of 435.60
feet, to the Northwest comer of Government Lot 1 of said Section 14; thence
SO1°29'01"E, along the West line of said Government Lot 1, a distance of 790.19 feet, to
a point on the South line of the North 790.00 feet of said Government Lot 1; thence
N89°45'43" E, along said South line, a distance of 260.06 feet, to a point on the East line
of the West 260.00 feet of said Government Lot 1; thence N01°29'01"W, along said East
line, a distance of 530.13 feet, to a point on the South line of the North 260.00 feet of said
Government Lot 1; thence N89°45'43"E, along said South line, a distance of 1,554.47
feet, to a point on the Erosion Control Line of the Atlantic Ocean as shown on that survey
approved by the Trustees of the Internal Improvement Trust Fund of the State of Florida
on December 18, 1973, and recorded in Survey Book 2 Pages 6 through 11 of the Public
Records of Brevard County, Florida; thence S17°57'36"W, along said Erosion Control
Lina, a distance of 770.71 feet, to a point an the North line of the South 330.00 feet of
said Government Lot 1; thence S89°46'33"W, along said North line, a distance of
1,557.93 feet, to a point on the West line of said Government Lot 1; thence SO1°29'01"E,
along said West line and its Southerly extension, a distance of 528.24 feet, to a point on
the North line of lands dcscrlbed in Deed Book 177, Page 118 of the Public Records of
Brevard County, Florida; thence S89°45'43"W, along said North line, a distance of
456.45 feet, to the Northwest corner of said lands; thence S000'26'53"W, along the West
line of said lands, a distance of 102.77 feet, to a point on the North line of The Villages
Of Seaport, A Condominium, as described in Official Records Book 2598, Page 135 of
the Public Records of Brevard County, Florida; thence S89°52'21"W, along said North
line, a distance of 603.15 feet; thence N01°29'01"W, a distance of 1,121.77 feet; thence
N89°45'43"E, a distance of 627.44 feet; thence N01°29'01"W, a distance of 500.12 feet,
to the POINT OF BEGINNING; Containing 56.48 acres, more or less.
Meeting Type: Regular
Meeting Date: May 4, 1999
AGENDA
Heading
Ordinances — 1st Reading
Item
No.
6
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: Ordinance No. 03-99, Amending the Official Zoning Map.
DEPT./DIVISION: Growth Management
Requested Action:
City Council amend the Official Zoning Map as requested by the applicant, Solana Development, Inc.
Summary Explanation & Background:
This amendment changes the indicated parcel from M-1 to R-3.
I recommend approval.
Exhibits Attached:
Application; Ordinance No. 03-99
City Manager's Office
(Signature)
Department
\Cape-nt\Comments Documents\agenda form.doc
\\cape-nt\cityclerk\cityclk\agenda\regular\1999\cm agenda report #6 ord 03-99.doc
ORDINANCE NO. 03-99
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING THE
OFFICIAL ZONING MAP AS DESCRIBED IN SECTION
110-246, OFFICIAL ZONING MAP, BY CHANGING THE
CLASSIFICATION OF CERTAIN PROPERTY FROM M-1
(LIGHT INDUSTRIAL AND RESEARCH AND
DEVELOPMENT DISTRICT) TO R-3 (MEDIUM DENSITY
RESIDENTIAL DISTRICT) AS DESCRIBED IN EXHIBIT
"A"'; PROVIDING THE CONDITIONS OF APPROVAL;
PROVIDING FOR REPEAL OF PRIOR AND
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Land Planning Agency ("LPA) of the City of Cape Canaveral, Florida,
has held a public hearing on changes to the zoning classification on the property indicated below;
and
WHEREAS, LPA has reviewed the property owner's petition for a rezoning of the
property to R-3 (Medium Density Residential District) and issued a recommendation to approve
the rezoning to the City Council; and
WHEREAS, the public was heard at a regular meeting of the City Council on the petition
requesting changes indicated below and, after full discussion, the Council having found that the
best interest for the City of Cape Canaveral and its citizens would be served by granting the
petition to change the zoning classification; and
WHEREAS, the City Council, based on the reasons and findings stated in the analysis
and recommendation of the staff, has found that the proposed zoning amendment is consistent
with the provisions of the City of Cape Canaveral Comprehensive Plan.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. That the Official Zoning Map of the City of Cape Canaveral, Florida, as
described in Section 110-245, Official Zoning Map, is hereby amended to include a change of
classification from M-1 (Light Industrial and Research and Development District) to R-3
(Medium Density Residential District) for the property legally described as:
See Exhibit "A" Attached Hereto
\\CAPE-NT\cityclerk\CityClk\Ordinances\ZONING\Solana Rezoning M -1 to R-3. DOC
City of Cape Canaveral
Ordinance No. 03-99
Page 2
SECTION 2. That the development of the property as described in Exhibit "A" shall be
governed by the provision of Chapter 110, regarding the R-3 zoning district, of the Zoning
Ordinance of the City of Cape Canaveral, Florida, or any amendments, modifications, additions
or recodifications thereto.
SECTION 3. All ordinances and resolutions or parts of ordinances and resolutions in
conflict herewith are hereby repealed to the extent of the conflict or inconsistency.
SECTION 4. Should any section or provision of the Ordinance, or any portion hereof,
any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be
declared invalid.
SECTION 5. This Ordinance shall become effective after the amendment has been duly
recorded upon the official zoning map of the City of Cape Canaveral.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on the _ day of , 1999.
Rocky Randels, MAYOR
ATTEST:
Sandra O. Sims, CITY CLERK NAME FOR AGAINST
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
NAME FOR AGAINST
BRUNS
HERNANDEZ
PETSOS
TREVERTON
RANDELS
First Reading:
May 4, 1999
Posted:
May 5, 1999
Published:
(Public Hrg)
May 7, 1999
Public Hearings:
LPA
April 14, 1999
Council 1st rdg.
May 4, 1999
Council Public Hrg
May 20, 1999
\\cape-nt\cityclerk\cityclk\ordinances\zoning\solana rezoning m-1 to r-3.doc
City of Cape Canaveral Received 3 3 99 SEB
Request #99-06
Building Department
(Please print Legibly or Type)
DATE FILED 3/3/99 FEE PAID Yes DEPOSIT
RECEIVED BY SLC $250.00 FILING FEE IS NON-REFUNDABLE
NATURE OF REQUEST
_SPECIAL EXCEPTION VARIANCE X REZONING _APPEAL _CODE AMENDMENT
(IF REQUEST IS FOR A TELECOMMUNICATIONS TOWER ATTACHE SHEET #1 OF TOWER APPLICATION)
DESCRIPTION OF REQUEST
(Insure that the specific section of the Zoning Ordinance that allow & support your request are noted)
(Attach separate sheet if necessary)
Change the zoning from M-1 to R-3 to comply with the future land use map adopted by the City
Council - January 1999.
Address of request See attached legal description (Part of Parcel #252)
Legal Desc. LOT BLK. SUB. Sec 14 TWP. 24-5 Range 37E
STATEMENT OF FACT: State of Florida, County of Brevard;
1, Allen Engineerine, being duly sworn, deposed and say that:
I am the owner
X I am the owner's designated agent. (Attach notarized letter of authorization)
Owner's Name Solana Dev, Inc.
Address: 710 N. Plankinton City: Milaukee State: WI Zip: 53203
Home Phone# Work Phone # 414-274-2473 Other:
(If other than owner)
Aplicant's Name Allen Engineering, Inc.
Address: Box 321321 City Cocoa Beach State FL Zip 32931-1321
Home Phone # Work Phone # 783-7443 Other
All information, sketches and data contained and made part of this request, are honest and true to the best of my
knowledge and belief.
Sworn to and subscribed before me
this 15t day of March, 1999
(Signature)
Signature of Applicant
Jill B Nickel
**My Commission CC756049
Expires July 5, 2002
(Signature)
Notaty Public, State of Florida
County of Brevard
-------------------------------------------------------------------------------------------------
The completed request form and the $250.00 filing fee must be filed as follows: Requests for Variances and Special
Exceptions (Excepting Telecommunication Towers), 14 days prior to the Planning & Zoning Board Meeting; request
for rezoning, 30 days prior to the Planning & Zoning Board meeting; Request for Telecommunications Towers, sixty
days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is
heard by the Planning & Zoning Board. (A deposit may be required, see code section 110-92 for applicability)
FOR CITY USE ONLY
Notice of Public Hearing Published in Newspaper on
Notice to applicant by Certified Mail No. on
Notice posted on Bulletin Board on
Notice posted on subject property on Prop. owners within 500 ft. notified on
DEVELOPMENT FACT SHEET
1. APPLICANT:
Name: Allen Engineering, Inc.
Address: 106 Dixie Lane - Post Office Box 321321, Cocoa Beach, FL 32932-1321
Telephone: (407) 783-7443
PROPERTY LOCATION:
General Location or Address: Shorewood Drive, East of Atlantic Ave.
Legal Description: See Attached
(MAYBE ATTACHED TO THIS SHEET)
SIZE OF PROPERTY IN ACRES: 24.89AC
2. PRESENT ZONING CLASSIFICATION:
Abutting Land Zoning: North: C-1 South: R-2 East: R-3 West: M-1
Abutting Land Use: North: C-1 South: R-2 East: R-3 West: M-1
3. NATURAL FEATURES:
EXISTING STRUCTURES: None CONSTRUCTION TYPE: N/A
SIZE IN SQUARE FEET: N/A NUMBER OF STORIES: N/A
SOIL: Palm Beach Sand & Tavares Fine Sand
TOPOGRAPHY: Level
VEGETATION: Wooded
WILDLIFE: No endangered species See EMS Study
FLOOD HAZARD: None
DRAINAGE: Good Perculation
SITE ELEVATION: 9'+
FIRM ZONE: -X -Outside 500 yr. flood plain
STRUCTURE ELEVATION: Proposed 11.0'
4. ENVIRONMENTAL ISSUES:
WATER: None - Water supplied by City of Cocoa
AIR: None
NOISE: None
HISTORICAL/ARCHAEOLOGICAL: None
ATTACHMENTS REQUIRE:
A MAP SHOWING THE PROPERTY AND ALL ADJOINING PROPERTY WITHIN 500
FEET WITH ZONING AND USE INDICATED:
SKETCH TO ACCOMPANY DESCRIPTION
NOT A BOUNDARY SURVEY
PROPOSED COMPREHENSIVE PLAN CHANGE
CANAVERAL PORT AUTHORITY
lO N UNE OF SEC77ON 14 /NW. CORNER OF GOVE4ENr LOr 1
N89'4334'E — 2,639.94' — — 1, . — / N89'45'431E 1,319.16'-
15 114 N. 1/4 CORNER OF SECTION 14
POINT OF COMMENCEMENT .
CANAvER4LT
NA CORNER OF SECRON 14 $ AUTWORI
yt
C -1 ZONE w
s
SOUTHERLY UMITS OF C-1 ZONE
500' S OF AND PARALLEL
THIN N. LINE OF SECTION
N. UNE OF M- I ZONE
w
N N
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M -i
SCALE: 1*=300' -3 O
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N
SOUTHERLY UMITS OF 14-1 ZONE
SHEET 1 OF 2
I PREPARED BY:
mLEN
ingineering, Inc.
SURVEYORS - ENGINEERS
106 DIXIE LANE (P.O. BOX 321321)
COCOA BEACH, FLORIDA 32932-1321
ELEPHONE: (407)783-7443 FAX: (407)783-5902
3.
S89045'43OW
R-2 ZONE
1. 1 CORRECT PARCEL & DESC. 2-26-99
DATE. • 1-07-99 1 DRAWN BY.• AIG
JOB NO. 980129 1 SCALE. 1 "=300'
1, 063.04'
DEED BOOK 111, PAGE 1 8
SEE SHEET 2 OF 2 FOR DES'CRIPRON,
SURVEYOR'S CEIRTIR1C4TION AND SURVEYOR'S
PREPARED AND CERTIFIED FOR:
TOWNE REALTY
c
C
TRACT 3
H
PHIL RIFFIN
D
N89'45'430*E
),063.04'
POINT OF BEGINNING
N.E. CORNER OF M-1 ZONE
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TRACT 5
SUBJECT PARCEL
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Containing 24.891 acres
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mLEN
ingineering, Inc.
SURVEYORS - ENGINEERS
106 DIXIE LANE (P.O. BOX 321321)
COCOA BEACH, FLORIDA 32932-1321
ELEPHONE: (407)783-7443 FAX: (407)783-5902
3.
S89045'43OW
R-2 ZONE
1. 1 CORRECT PARCEL & DESC. 2-26-99
DATE. • 1-07-99 1 DRAWN BY.• AIG
JOB NO. 980129 1 SCALE. 1 "=300'
1, 063.04'
DEED BOOK 111, PAGE 1 8
SEE SHEET 2 OF 2 FOR DES'CRIPRON,
SURVEYOR'S CEIRTIR1C4TION AND SURVEYOR'S
PREPARED AND CERTIFIED FOR:
TOWNE REALTY
c
C
DESCRIPTION
NOT A BOUNDARY SURVEY
DESCRIPTION: PROPOSED COMPREHENSNE PLAN CHANGE
A portion of Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being more
particularly described as follows:
Commence at the Northwest comer of said Section 14; thence N89'43'34" E along the North
line of the Northwest one-quarter of said Section 14, o distance of 2,639.94 feet, to the Northwest
corner of the Northeast one-quarter of said Section 14; thence N89'45'43" E, along the North line
of the Northeast one-quarter of said Section 14, a distance of 1,319.16 feet, to the Northwest corner
of Government Lot 1 of said Section 14; thence S01'29'01 "E, along the West line of said
Government Lot 1, a distance of 500.12 feet, to the Northeast comer of that property zoned `M-1" as
shown on the Official Zoning Map of the City of Cape Canaveral, Florida and the POINT OF
BEGINNING of the herein described parcel; thence continue, S01'29'01 "E, along the East line
of said 'M-1' zoning and the West line of said Government Lot 1 and its Southerly extension, a
distance of 1020.14 feet, to a point on the South line of said W-1" zoning; thence S89'45'43"W,
along the South line of said M-1 " zoning, a distance of 1,063.04 feet, to a point on the West line of
those lands owned by Towne Realty, Inc., its subsidiaries, successors and or assigns; thence
N01 29 O1 "W, along said West line, a distance of 1020.14 feet, to a point on the North line of said
"M-1" zoning; thence N89'45'43"E, along the North line of said 'M-1* zoning, a distance of
1,063.04 feet, to the POINT OF BEGINNING,• Containing 24.89 acres, more or less.
SURVEYOR'S NOTES.•
1. THiS IS NOT A SURVEY.
2. The bearings shown hereon are based on published coordinates for Florida Department of
Natural Resources Coastal Construction Control Line reference monuments "70 -80 -AO1"
and "70-80-A03, " State Plane Coordinates, Florida East Zone.
3. • = Denotes change in direction (no comer found or set).
SEE SHEET 1 OF 2 FOR THE SKETCH TO ACCOMPANY TRIS DESCRIPTION.
SHEET 2 OF 2
PREPARED BY:
ALLEN
Engineering, Inc.
SURVEYORS - ENGINEERS
106 DIXIE LANE (P.O. BOX 321321)
COCOA BEACH, FLORIDA 32932-1321
TELEPHONE: (407)783-7443 FAX: (407)783-5902
SURVEYOR'S CERTIFICATION.•
I hereby certify that the attached Property Description was prepared
under my direction, in accordance with alI applicable requirements of
the Minimum Technical Standards," for land surveying in the State of
Florida, described in Chapter 61G17-6, Florida Administrative Code,
pursuant to Chapter 472.027, Florida Statutes.
ALLEN ENGINEERING, INC.
BY: (Signature)
ROBERT M. SALMON
PROFESSIONAL SURVEYOR &
MAPPER
Not valid without the signature
and the original raised seal of a
Florida licensed surveyor and mapper.
PREPARED AND CERTIFIED FOR:
FLORIDA REGISTRATION No. 4262
1. 1 CORRECT PARCEL & DESC. 2-26-99 TOWNE REALTY
JOB NO. 980129 1 DATE. 1-07-99
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Property Owners of Record within
500 feet of Subject
Tax Parcel #
13 Shorwood Condominium
607 Shorewood Drive
Cape Canaveral, FL 32920
18 The Villages of Seaport Homeowners Asso.
8850 N. Atlantic Avenue
Cape Canaveral, FL 32920
254 Richard H. Stottler, Jr.
8680 N. Atlantic Ave.
Cape Canaveral, FL 32920-3428
252,11,12,15 Phil Ruffin
1522 South Florence
Wichita, KS 67404
272 Coastal Fuels Marking, Inc.
9 Greenway Plz.
Houston, TX 77046
* Brevard County
2725 Judge Fran Jamieson Way
Viera, FL 32940
(illegible)
ENVIRONMENTAL MANAGEMENT SYSTEMS, INC. -
4475 U.S. 1 South, Suite 403
St. Augustine, FL 32086
(904) 794-0244
November 23, 1998
Mr. Jim Borris, V.P.
Towne Realty, Inc.
710 N. Plankinton Ave.
Milwaukee, Wisconsin 53203
RE: Shorewood R - #56 Acres, Preliminary E & T Survey
Dear Mr. Borris:
On November 18, 1998, FMS staff conducted a preliminary endangered and threatened species
survey on the referenced property. A two -person team of environmental scientists inspected the
project site via pedestrian transects through the cleared areas and along the outside boundaries,
including the beachfront. Prior to the initiation of field work, a background literature search was
conducted for Brevard County to determine the legally protected species that have the potential to
occur within the project limits. Species lists were compiled by using a computer database maintained
by EMS, which contains species occurrence by county and habitat type. Tables 1 and 2 were
generated and are included with this letter report.
There were essentially two vegetative communities within the project site. The coastal dune
community directly adjacent to the beach was dominated by sea oats on the oceanfront and a mature
coastal oak hammock dominated by live oak and saw palmetto made up the remainder of the site.
The only listed species observed to inhabit the project site was the gopher tortoise (Gopherus
po phe mis). There were numerous burrows observed within the dune arca immediately adjacent to
the beach. The appr oAmate locuions of these burrows are indicated on the enclosed aerials, however
this was not a complete gopher tortoise survey done to Florida Game and Fresh Water Fish
Commission's (FGFWFC) guidelines. The gopher tortoise is a "Species of Special Concern", as
designated by FGFWFC. A permit for the relocation or incidental take of this species would be
required in areas that would be impacted. Some tortoise burrows were also observed within the live
oak hammock area, however the heavy canopy and lack of open areas within most of this habitat oras
not very suitable for tortoises. The coastal construction limits tine would likely be landward ofthe
vast majority orthe observed tortoise burrows on this site, therefore very few may be impacted due
to construction plans. A more thorough survey should be conducted prior to obtaining permits. There
were no other endangercd or threatened wildlife species observed during this site visit as listed by the
US Fish and Wildlife Service or the FGFWFC. There was no sign of scrub jays (Apherlocoma
cocruleasceris coerulescens) or their nests inhabiting this project site. The habitat on the property is
unsuitable for this species.
(illegible)
The presence ofendangered or threatened plant species involves primarily federal agencies_ Section
7(a)(2) of the Endangered Species Act requires federal agencies to ensure that any action they
authorize, fund or carry out does not jeopardize the continued existence of any Endangered or
Threatened species. There were no listed plant species observed on the project site during this site
visit.
If you have any questions please feel free to call me. Thank you for the opportunity.
Sincerely,
(Signature)
Joshua ). Orrell
Environmental Consultant
enclosures
CERTIFIED RESOLUTIONS
OF
SOLANA DEVELOPMENT, INC.
The undersigned, James B. Young, hereby certifies that he is the elected, authorized
and acting Senior Vice President and Secretary of Solana Development, Inc., a Florida
corporation ("Corporation"), and that the following resolutions have been adopted by the
Board of Directors, are in full force and effect, and have not been amended, altered or
supplemented since their adoption:
RESOLVED, That Corporation took title to those certain lands in Cape
Canaveral, Brevard County, Florida, referred to on the attached Warranty
Deed by delivery of said Deed by the prior owner, Phil Ruffin, to the
Corporation on Monday, March 15, 1999; and
FURTHER RESOLVED, That John M. Allen, President of Allen Engineering,
Inc. of Cocoa Beach, Florida, be and he hereby is authorized to act on behalf
of Corporation in all manner and ways with respect to zoning and rezoning of
the real estate which is the subject of the attached deed; and
FURTHER RESOLVED, That Corporation is also the owner of those lands in
Cape Canaveral, Brevard County, Florida, described as follows:
The West 260 feet of the South 530 feet of the North 790 feet of
Government Lot 1, Section 14, Township 24 South, Range 37
East, Brevard County, Florida,
which are lands contiguous to those referred to in the attached Warranty
Deed, and that John M. Allen, President of Allen Engineering, Inc. is also
hereby authorized to act on behalf of Corporation with respect to all zoning
and rezoning matters with respect to said lands; and
FURTHER RESOLVED, that the City of Cape Canaveral and any other
governmental agency or entity may rely upon this resolution with respect to
such zoning and rezoning matters.
Dated this 19th day of March, 1999.
(Signature)
James B. Young, Senior Vice President
and Secretary
STATE OF WISCONSIN )
ss.
MILWAUKEE COUNTY )
The foregoing instrument was acknowledged before me on this 19th day of March, 1999.
This instrument prepared by:
After recording, please return to:
Sanford N. Reinhard, Esq.
2875 N.E. 191st Street, Suite 404
Aventura, FL 33180
WARRANTY DEED
THIS INDENTURE, made on 1 Mar 11,1999 between PHIL RUFFIN, ("Grantor")+
and SOLANA DEVELOPMENT, INC., a Florida corporation ("Grantee"), whose post office address is;
710 N. PLANKINTON, MILWAUKEE, WI 53203.
WITNESSETH:
That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and No/100 and
other good and valuable considerations to them in hand paid by said Grantee, the receipt whereof is
hereby acknowledged, have granted, bargained and sold to the said Grantee and Grantee's heirs and
assigns forever, the following described land, situate, lying and being in BREVARD County, Florida, to wit
See Exhibit "A" attached hereto and made a part hereof
Tax Folio No.:
This property is not homestead property and is not contiguous to homestead property and
the principal residence of the grantor is 2 1522 So Florence Wichita, Kansas 67217
This conveyance is subject to the matters set forth on Exhibit "B".
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said
land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that
the Grantor hereby fully warrants the title to said land and will defend same against lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and year
first above written.
Signed, sealed and delivered
in the presence of:
3 (Signature)
PHIL RUFFIN
Address: 2 Box 17087 Wichita, Kansas 67217
4 (Signature)
Witness
Printed name: Craig T. Dudley
5 (Signature)
Witness
Printed name: ELAINE GARDNER
DOUGLAS VAN PATTEN
Notary Public - Nevada
No. 94-5660.1
STATE OF NEVADA
)
ss
)
My appt. exp. Aug. 17 2002
Exhibit A
A portion of Section 14, Township 24 South, Range 37 East, Brevard County, Florida,
being more particularly described as follows:
Commence at the Northwest corner of said Section 14; thence N89043'34"E, along the
North line of the Northwest ono -quarter of said Section 14, a distance of 2,63994 feet, to
the North one-quarter corner of said Section 14; thence N89*45'43"E, along the North
line of the Northeast ono -quarter of said Section 14, a distance of 883.56 feet, to the
POINT OF BEGINNING of the herein described parcel; thence continue, N89'45'43"E,
along the North Una of tho Northeast one-quarter of said Section 14, a distance of 435.60
feet, to the Northwest comer of Government Lot 1 of said Section 14; thence
SO1'29'01"E, along the West line of said Government Lot 1, a distance of 790.19 feet; to
a point on the South line of the North 790.00 feet of said Government Tot 1; thence
N89°45'43"E, along said South line, a distance of 260.06 feet, to a point on the East line
of the West 260.00 feet of said Government Lot 1; thence N01°29'01"W, along said East
line, a distance of 530.13 feet, to a point on the South line of the North 260.00 feet of said
Government Lot 1; thence N89°45'43"E, along said South line, a distance of 1,554.47
feet, to a point on the Erosion Control Tine of the Atlantic Ocean as shown on that survey
approved by the Trustees of the Internal Rnprovement Trust Fund of the State of Florida
on December 18, 1973, and recorded in Survey Book 2 Pages 6 through 11 of tho Public
Records of Brevard County, Florida; thence S17°57'36"W, along said Erosion Control
Line, a distance of 770.71 feet, to a point on the North line of the South 330.00 feet of
said Government Lot 1; thence S89'46'33"W, along said North line, a distance of
1,557.93 feet, to a point on the West line of said Government Lot 1; thence SO1"29'01"E,
along said West line and its Southerly extension, a distance of 528.24 feet, to a point on
the North line of lands described In Deed Book 177, Page 118 of the Public Records of
Brevard County, Florida; thence S89045'43"W, along said North line, a distance of
456.45 feet, to the Northwest comer of said lands; thence S00°26'53"W, along the West
line of said lands, a distance of 102.77 feet, to a point on the North line of The Villages
Of Seaport, A Condominium, as described in Official Records Book 2598, Page 135 of
the Public Records of Brevard County, Florida; thence. S89°52'21"W, along said North
line, a distance of 603.15 feet; thence N01'29'01"W, a distance of 1,121.77 feet; thence
N89°45'43"E, a distance of 627.44 feet; thence NO1'29'01"W, a distance of 500.12 feet,
to the POINT OF BEGINNING; Containing 56.48 acres, more or less.
Meeting Type: Regular
Meeting Date: May 4, 1999
AGENDA
Heading
Discussion
Item
No.
7
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: Discussion on Community Design Standards
DEPT./DIVISION: Legislative
Requested Action:
City Council discuss what direction the City should follow based upon the information provided at the Town
Meeting.
Summary Explanation & Background:
As indicated at the seminar, the firm of McHarris and Hancock are available to assist us in updating our
Community Appearance and Sign Codes.
Please advise.
Exhibits Attached:
Article
City Manager's Office
(Signature)
Department
\\cape-nt\cityclerk\cityclk\agenda\regular\1999\cm agenda report #7 commnunity design stds.doc
THE WALL STREET JOURNAL
FLORIDA JOURNAL
Suits Challenge
Damage Limits
In Malpractice
By JOHN D. McKiNNON
Staff Reporter of THE WALL STREET JOURNAL
Three state -court cases could encour-
age more malpractice lawsuits against
doctors and hospitals.
The cases challenge the constitutional-.
ity of a Florida law that sharply limits the
damages available when a parent with
adult children dies as a result of malprac-
tice. In those circumstances, the wrongful -
death law generally bars the adult children
from seeking damages for their personal
grief, even if they're the only survivors.
Since personal grief often is the biggest
source of damages in fatal malpractice
cases, lawyers say the ban has kept many
adult children from suing at all.
By contrast, surviving spouses and mi-
nor children can recover damages for their
grief in fatal malpractice cases. And if a
parent dies as a result of any other sort of
WEDNESDAY, JULY 29, 1998 F1
Chapter and Worse: As bankrup caes
rise, Florida is barely better than the
national average, Page F3.
Bullet Frain
Estimates
Questioned
-By John D. McKiNNON
Staff Reporter of THE WALL STREET JOURNAL
New questions are being raised about
the number of riders who would use
Florida's planned high-speed rail system.
A draft report by the state Transporta-
tion Commission, an oversight group, sug-
gests that current rideship projections for
Florida's bullet train might not be as solid
in some ways as the rail system's consul-
tants suggest. The draft identifies several
"areas of potential concern" in the num-
bers, including estimates of trips that
would occur solely because of the new line.
"I would say it's a cautionary finding," ex-
plains Commission Chairman Lee Vause.
In addition, the federal General Ac-
counting Office, Congress's investigative
arm, has opened its own review of
Florida's high-speed rail project, known as
FOX (for Florida Overland eXpress). A pri-
mary focus of the GAO review will be the
Building a Better Box
Collier County has rebelled against big box stores and other commercial eyesore
with an ambitious set of architectural design standards. Among the rules for
commercial construction:
# Color is limited to a two-foot band
around the building: the rest is earth
tones or pastels.
# On larger buildings, walls can't
run straight for more than 100 feet,
the roof line must have at least three
vertical changes, such as a cupola.
# Retention ponds can'tbe square;
they must curve like a natural lake.
# Walls facing the roadway must
have a door or windows.
# Drive through windows must have
a canopy attached to the building or
be screened from the road.
A standard 7-Eleven in Fort Myers
(top) and a Collier County store in
Naples built under the new standards
Source Collier County
One County Just Says No
THE WALL STREET JOURNAL
FLORIDA JOURNAL
WEDNESDAY, JULY 29, 1998 F1
Chapter and Worse: As bankruptcies
rise, Florida is barely better than the
national average, Page F3
Suits Challenge
Damage Limits
In Malpractice
By JOHN D. McKINNON
Staff Reporter of THE WALL STREET JOURNAL
Three state-court cases could encour-
age more malpractice lawsuits against
doctors and hospitals.
The cases challenge the constitutional-
ity of a Florida law that sharply limits the
damages available when a parent with
adult children dies as a result of malprac-
tice. In those circumstances, the wrongful-
death lasw generally bars the adult children
from seeking damages for their personal
grief, even if they're the only survivors.
Since personal grief often is the biggest
source of damages in fatal malpractice
cases, lawyers say the ban has kept many
adult children from suing at all.
By contrast, surviving spouses and mi-
nor children can recover damages for their
grief in fatal malpractice cases. And if a
parent dies as a result of any other sort of
wrongdoing, such as someone's neg;ogemt
driving, the law allows even adult children
to collect for grief, provided there's no sur-
viving spouse. Plaintiffs' lawyers contend
that it's a violation of constitutional protec-
tions to treat adult children of malpractice
victims so differently. "If a parent is killed
by a driver in a car, or by a defective pro-
uct... then they're entitled to redress,"
says Mike Murphy, a Coral Gables lawyer,
"But not if the doctors do it. That's wrong."
Mr. Murphy is challenging the restric-
tion in a case in Dade County Circuit Court
in which a 68-year old widower, Morris
Mizrahl, died, allegedly as a result of mis-
diagnosed sepsis. The other two circuit
court cases-one in Gadsden County and
another in Dade County-also allege that
the victims died as a result of misdiag-
noses. The two Dade County cases were
thrown out by judges before trial o the de-
fendants' motions for summary judgment.
The Gadsden County case went to trial and
a jury returned a verdict for the defendant
doctor. The physicians and hospitals in-
volved in all three cases deny liability.
The plaintiffs in the three cases are
seeking appeals, alleging among other
things that the wrongful-death statute vio-
lates constitutional protections, including
equal-proctection guarantees. In response,
defense lawyers and representatives for
the insurance industry deny that the law is
unconstitiutional. For starters, they note
that there's no fundamental constitutional
Please Turn to Page F4 Column 5
Building a Better Box
Collier County has rebelled against big-box stores and other commercial eyesores
with an ambitious set of architectural design standards. Among the rules for
commercial construction:
# Color is limited to a two-foot band
around the building: the rest is earth
tones or pastels.
# On larger buildings, walls can't
run straight for more than 100 feet;
the roof line must have at least three
vertical changes, such as a cupola.
# Retention ponds can't be square,
they must curve like a natural lake.
# Walls facing the roadway must
have a door or windows.
# Drive through windows must have
a canopy attached to the building or
be screened from the road.
A standard 7-Eleven in Fort Myers
(top) and a Collier County store in
Naples built under the new standards.
Source Collier County
One County Just, Says No
To Architectural Abuse
By CHAD TERHUNE
staff Reporter of THE WALL .STREET JOURNAL
What's good enough for most suburban
boulevards doesn't cut it in Collier County
anymore.
Just ask Walt Lewis, who before arriv-
ing in Collier County last year had built
nearly two dozen identical Discount Auto
Parts stores across Florida: big -box outlets
emblazoned with the same eye-catching,
bright -yellow marquee and the store name
etched in bold red letters.
In Naples, however, the yellow has
given way to charcoal gray. And the box
has taken on an added dimension—a four -
columned archway greeting customers
outside the front door.
"I love it," gushes Mr. Lewis, who
works for an Orlando -area construction
firm. He loves the building so much, he had
his picture taken in front of it. "The yellow
doesn't stand out, and everything blends
in," he says. "It looks more attractive."
It all happened by design, thanks to two
local men waging war against the boiler-
plate architecture and general ugliness
plaguing the nation's retail corridors. Tim
Hancock, a former land -use planner
turned county commissioner, and Joe
McHarris, a former county architect, be-
lieve their arsenal of building design stan-
dards can keep Collier County from becom-
ing another Anywhere, USA.
Attention to aesthetics in urban design
is nothing new. But Collier County has
taken the concept to a new level. Typically,
such efforts are confined to a single city or
downtown area, which often just pushes
the unattractive strip malls and warehouse
stores over the border into suburbia. But
Collier County's rules encompass several
cities and more than 2,000 square miles.
And while most design professionals have
focused on housing and roadways, here the
emphasis is on the commercial structures
that visually dominate the landscape.
"The concept isn't new, but our ap-
proach is different," says Mr. McHarris, 32
years old, now an architectural consultant
to local officials. He wrote the standards
himself in late 1996 and illustrated them
with simple drawings labeled, "Do this,"
and "Don't do this." Says Mr. McHarris, "I
wrote down every pet peeve I ever had."
The result was an architectural guide -
Please Turn to Page F4, Column 1
For further information contact Joseph M. McHarris at 941.591.0705
or Timothy Hancock at 941.403.0223
Bullet Train
Estimates
Questioned
By JOHN D. McKINNON
Staff Reporter of THE WALL STREET JOURNAL
New questions are being raised about
the number of riders who would use
Florida's planned high-speed rail system.
A draft report by the state Transporta-
tion Commission, an oversight group, sug-
gests that current ridership projections for
Florida's bullet train might not be as solid
in some ways as the rail system's consul-
tants suggest. The draft identifies several
"areas of potential concern" in the num-
bers, including estimates of trips that
would occur solely because of the new line.
"I would say it's a cautionary finding," ex-
plains Commission Chairman Lee Vause.
In addition, the federal General Ac
counting Office, Congress's investigative
arm, has opened its own review of
Florida's high-speed rail project, known as
FOX (for Florida Overland eXpress). A pri-
mary focus of the GAO review will be the
project's overall financial plan, "including
the federal government's role in financing
the project, and how the [FOX] ridership
estimates may affect the long -run financi
cial viability of the project," according to a
July 6 letter from the GAO to the U.S. De
partment of Transportation.
The GAO review was requested re
cently by House Budget Committee Chair
man John Kasich of Ohio. With the federal
government poised to lend at least $2 bill
lion to the project under recently passed
transportation legislation, Rep. Kasic
wants the GAO to find out "if the project
has all its estimates in order ... before the
federal government commits to the pro
ject," says Joseph Christoff, the GAO's a:
sistant director for transportation issue!
Mr. Christoff says the GAO often is called
on to review such projects.
The federal review is likely to be influ
enced by the state Transportation Com
mission's work: Mr. Christoff said h.
agency plans to attend next week's presen
tation of the state Transportation Commis
sion report in Tallahassee.
Both reviews, in turn, are likely to carry
weight with state lawmakers, particular:
some incoming state House leaders, wl
are nervously facing a decision during the
1999 session about whether to begin com
mitting about $70 million a year in state
money to FOX. That figure is slated to in
crease by 4% a year, to a maximum Of S3
Please Turn to Page F2, Column 4
F4 THE WALL STREET JOURNAL FLORIDA JOURNAL WEDNESDAY JULY 29 1998
FLORIDA JOURNAL
Just Says No to Architectural Abuse
Continued From Page F1
book dictating everything from colors to
the shape of walls and roofs. For instance,
there will be no more brightly colored
buildings—only earth tones or pastels, bor-
dered by a two -foot decorative band of pri-
mary color, usually a company's corporate
hue. On larger buildings, walls can't run
straight for more than 100 feet and the roof
line must have three vertical interrup-
tions, such as a cupola. Drive-through win-
dows need a canopy attached to the build-
ing, and those ubiquitous retention ponds
will no longer be square. They must zigzag
along the shore like a natural body of water
with either a sidewalk or pier included.
Nor are the two men finished. Mr. Han.
cock wants to outlaw retailers' favorite
buildingcolor: battleship gray. Mr.
McHarris wants to stop the local McDon
aid's franchisee from painting his roofs
fire -engine red. The men are also prepar-
ing to take on their most vocal opponents,
the oil companies, concerning the giant
and often brightly colored canopies that
cover islands of gasoline pumps.
"We've been leaving it open for corpo-
rate America to decide the aesthetic future
of our community," says the 31 -year-old
Mr. Hancock, running for re-election for
the first time this fall. "They are not mali-
cious people. But I don't think they care."
Many Floridians who have witnessed
the state's explosive growth share those
frustrations. But until now, little has been
done about the hodgepodge of big -box
stores and fast-food joints that clutter the
landscape.- "The state's history has been
growth at any cost, and now, it is time to
shift gears," says James Moore, associate
professor o[ architecture and community
design at the University of South Florida in
Tampa. "Florida's natural environment
tends to be so beautiful, but our built envi-
ronment is pretty awful."
The effort has struck a chord in several
Florida communities, from Gainesville to
Orlando and Palm Beach. The two men
also have received calls from as far away
as Maine and Hawaii. In response, Mr.
Hancock and Mr. McHarris travel around
Florida and the nation delivering their
message with a slide show detailing the
good, the bad and the downright ugly.
Mr. McHarris takes particular joy in
flipping to a slide of a 7 -Eleven conve-
nience store in Fort Myers. It's the kind of
drab storefront seen most anywhere, ex
cept there's also a huge, pink Slurpee on
the roof. Next, he clicks to a Naples 7 -
Eleven with lush landscaping more befit-
ting a golf course. The store has full-length
windows and textured rock -like walls.
Collier County officials approved the
design standards about 18 months ago, an
in that time more than 200 commercial
building permits have been issued. So far,
no company refused to build or even filed
an official protest.
But that doesn't mean there haven't
been complaints. Rules for gas station
were removed from the initial standards
under pressure from the oil companies,
which feared increased costs and a loss of
corporate identity—a vital marketing tool
to passing motorists.
Amsdell Cos., a national storage-center
chain, chafed at giving up its corporate col-
ors on a U -Store -It facility the company
built here last year.
Amsdell threatened
to dispatch attor-
neys to Collier
County, but the
company's local
builder, Keith Sow-
ers, . convinced
them that a legal
fight would only
slow the project
down. .
But the U -Store
It facility shows
how sometimes
good design inten- Joe McHarris
tions can go too far.
The new standards required Mr. Sowers to
make a straight wall on one side of the
building ragged with five separate inden-
tations. In those recessed areas, he had to
plant about 10 palm trees. Trouble is, Mr.
Sowers says, hardly anyone will ever see
that side of the building. It faces the back
of a Home Depot where several Dumpsters
and palettes of mulch sit.
"The rules are great, but in some cases
they are forcing people to overbuild," Mr.
Sowers says. "You don't want to make
things too pretty." Or too expensive. The
construction costs for this storage facility
grew from $25 to $35 per square foot, Mr.
Sowers says. As a result, he adds, Amsdell,
based in Middleburg Heights, Ohio, is re-
considering plans for two more locations in
Collier County.
Before the new rules went into effect,
Mr. McHarris tried to defuse concerns
about increased costs by getting an outside
contractor to estimate added costs for the
new Discount Auto Parts and a Sports Au-
thority store. The analysis said the new
standards drove up those construction
costs 2% to 5%.
Even if it doesn't cost that much more,
some still bristle at the thought of govern-
ment legislating good taste. Jeffrey Zimm,
a Naples ophthalmologist, was livid when a
photo of his All Saints Eye Center appeared
on the county's ugly list and in the local
newspaper for having a blank wall facing a
busy, four-lane road "I called my lawyer
about suing their pants off," fumes Dr.
Zimm, who later dropped the matter on his
attorney's advice.
Some local architects and builders
feared the result would be a bland look of
uniformity. So Mr. Hancock and Mr.
McHarris structured the standards like a
"Chinese menu" that gives builders a
choice of various styles to ensure flexibility
and creativity. "We don't dictate style,"
Mr. McHarris says. "We dictate form."
The Collier County effort took off in
1996, when the area's first two big -box
stores sprouted up at the same major inter-
section. For years the county had re-
mained a relatively small coastal refuge
for retirees and tourists in the far south-
west comer of the state. But from 1990 to
1996, the local population grew nearly 24%,
making it the fifth -fastest-growing metro-
politan area in the nation, according to
census figures. That growth, to more than
200,000 people today, thrust the area onto
the radar screens of national retailers.
But the two stores that plopped down at
the same intersection, Sports Authority
Inc., Fort Lauderdale, and Toys "R" Us
Inc., Paramus, NJ., caused an immediate
uproar when they literally turned their
backs on the community. Toys "R" Us built
its entrance facing the parking lot, leaving
a cold, blank wall facing the road. Across
the street, the view wasn't much better: an
even bigger gray wall supporting the
Sports Authority.
Mr. Hancock and Mr. McHarris seized
on the public discontent and quickly
arranged a meeting that drew 250 people to
galvanize support for strict design stan-
dards countywide. As a result, by their
very ugliness, the stores became the tools
by which building standards were raised
They were the two angels that descended
upon us," Mr. Hancock says.
The idea was an easier sell here be-
cause Naples—one of the wealthiest areas
of Florida-has a reputation for being
more persnickety
than most. But Mr.
Hancock says these
easy-to-use stan-
dards can be imple-
mented quickly any-
where.
Neither Sports
Authority nor Toys
"R" Us could be
forced to make any
changes since the
standards weren't
adopted by the
county commission Tim Hancock
until early 1997. But
public embarrassment from a slide show
can help. After being featured regularly as
a bad example, Toys "R" Us eventually
added seven trellises with vines and a row
of trees and bushes to its bare back wall.
One -Time Improvement
One of the first real tests for the stan-
dards came about a mile down the road,
where Lowe's, the North Wilkesboro, N.C.,
home -improvement chain, wanted to build
a new warehouse store. Mr. McHarris
knew he didn't want the store to look like
one 30 miles to the north in neighboring
Lee County. Mr. McHarris features that
store, along with several other buildings
from Lee County, in his slide show.
In his view, the standard Lowe's store
makes the ugly list because the side facing
the road "looks like a freight yard." Huge
stacks of plywood, steel girders and fork-
lifts are all visible. Collier County's rules
forced Lowe's to build a large concrete wall
and several columns with fencing to screen
off the lumber area and garden center.
Mike Reynolds, Lowe's manager of con-
struction permitting, says the additional
work, which cost an estimated $500,000,
"produced a great -looking store." But the
company still prefers its prototypical stone,
which shows off its garden center and
other products to consumers. "We want
people to see the product we sell," Mr.
Reynolds says. "We are not there to just
put up a pretty building."
Indeed, some businesses in Naples
proudly display their tackiness. Brian Ko-
zlowski doesn't care much if his tiny Ac-
ceptance Title Loans store is scolded in the
county's slide show for its garish yellow
awning and neon red car in the window. He
dismisses the complaints as snobbery.
"There Is a lot of money here and these
people have nothing better to do" than
complain, he says. "I want to be tacky."
Officials from two larger counties, Lee
and Orange, have expressed an interest in
developing design standards similar to
those in Collier County. But some question
whether it's too late for Florida's larger
metro areas to impose tougher design stan-
dards when they've already been overrun
by big -box retailers and strip-mail develop-
ment.
Lee officials say they feel compelled to
draft their own standards after appearing
in the slide show so frequently. "We are
tired of being the butt of their jokes," says
Mary Gibbs, community development di-
rector for Lee County. "We are hoping they
will find someone else to pick on."
Sarasota County could have used these
standards a few years ago, before Wal-
Mart, Home Depot and other retailers
started expanding, says Dennis Wilkison,
assistant director of the county's planning
department. "In our case," he says, "the
horse is already out of the barn."
`Automotive Slum'
Other urban design experts warn that
no amount of cosmetic tweaking can over-
come the damage caused by suburban
sprawl and big -box retailing. "Design
standards are a starts," says James
Howard Kunstler, an architecture critic
and author in Saratoga Springs, N.Y. "But
these cosmetic issues will not solve the fun-
damental problem of living in a national
automotive slum."
Undeterred, Mr. Hancock and Mr.
McHarris push for tougher rules. Last
month, Collier County commissioners set
new standards for gas stations, limiting
the use of color and lighting on their
canopies. Mr. McHarris is lobbying for ad-
ditional rules that would force stations to
build smaller pump canopies. It's a big is-
sue for service stations because the
canopies have become large advertising
symbols as sign restrictions increase.
"They don't want you to touch those." he
says. "That is the holy grail to them."
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