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Home My WebLink AboutAgenda Packet 05-18-1999City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 18, 1999 7:00 P.M. AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSIDERATIONS: Motion to Approve: Budget Transfers, Quarterly Treasurer's Report 2. Motion to Approve: Settlement of Federal Beach Erosion Lawsuit DISCUSSION: 3. Ordinance No. 04-99, Adopting a C-2 Commercial/Manufacturing District AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, ARTICLE VII, DISTRICTS, BY THE ADOPTION OF A NEW ZONING DISTRICT WITHIN THE CITY UNDER A NEW DIVISION 8, CC=2 COMMERCIAUMANUFACTURING DISTRICT, SETTING FORTH PRINCIPAL USES AND STRUCTURES; USES BY SPECIAL EXCEPTION; PROHIBITED USES; AREA DIMENSIONS; SETBACKS; AND OTHER PERFORMANCE STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES SECOND READING: 4. Motion to Adopt: Ordinance No. 01-99, Small Scale Comprehensive Plan Amendment; Solana Development, Inc., at second reading. 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 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 Bos 326 - Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 - FAX (407) 799-3170 - http://fcn.state.fl.us/cape/ City of Cape Canaveral Regular Meeting Agenda May 18, 1999 5. Motion to Adopt: Ordinance No. 02-99, Rezoning Request, R-2 to R-3; Solana Development, Inc., at 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 Adopt: Ordinance No. 03-99, Rezoning Request, M-1 to R-3; Solana Development, Inc., at 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. City Hall 8. Reclaimed Water Update REPORTS: 9. 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 allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. MEMORANDUM DATE: APRIL 30, 1999 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ANDREA BOWERS CITY TREASURER SUBJECT: QUARTERLY BUDGET REPORT & TRANSFERS FOR THE PERIOD ENDING 3/31/99 I am pleased to be able to report that thus far, fiscal year 1998-99 has been quite productive. Despite a few obstacles, our Wastewater Reuse System Phases I, II, and III are almost complete. The Comprehensive Plan is complete and approved by the Department of Community Affairs. Citywide beautification is ongoing, with considerable help provided by Mr. William Bennix, who has donated generously to provide a splash of color to our landscape. Revenues are well within projections, with approximately 54% collected for the General Fund and Sewer Fund. An increase in construction activity has increased revenues for Building Permits and all Impact fee accounts, both for general government and Sewer Department. Following is an evaluation of budget amendments requiring attention this mid -year. It should be noted that only those items representing a significant change in fiscal policy have been offered for adjustment. Most of these items have previously been approved. It is not the intent of these amendments to adjust each account to reflect actual activity. GENERAL FUND Revenues: It is requested that an $887,719 overall increase in revenue be recorded. A large portion of this reflects the current construction activity. An increase in Fire Protection -Aerial Fire Truck impact fees is reflected in both the General fund and in the Fire Protection Fund. In addition, the City has received the funds from Brevard County covering the sidewalk installation recently completed. An unexpected $4,479 settlement was received as the City's portion of a class action suit against the Petroleum Companies for price fixing during the 1970's and 80's. Through the efforts of our Fire Department, we are recording an estimated $18,490 in revenue from the county, reflecting a portion of Public Safety taxes paid for Advanced Life Support. We also received our first installment for Honorable Mayor, et al Page Two January 14, 1999 Investigative fees, $466, from the Sheriff's Department. Revenue from the Florida Community Trust has been recorded as well as the property purchased. This is strictly a housekeeping entry, as the funding for the property was paid directly to the seller by the state. Expenses: Legislative: Due to the variety of activities of the City Council, the Operating Supplies and Promotional Activity accounts need further funding. Administration: A new postage system was implemented January 1st and required a lease agreement much larger than the existing lease. Funding is required to maintain this lease. Planning & Zoning: The Comprehensive Plan is completed and ready for final publishing. Final documents and current publishing costs require an additional $6,350. :Public Safety -Police: As requested by Major McGee, $4,827 is being moved from operating funds to capital expenditures. Public Safety -Fire: An increase of $12,450 represents the City's portion to cover the costs of an Assistant Fire Chief. This increase is offset by the reimbursement by the county for EMS funding. Building Department: Excess Retirement Contribution funds are reclassified to Operating Supplies to provide for the renovation of the office. Street Department: Additional funding to cover the cost of cleaning services for the N/S drainage ditch is requested. Brevard County Road and Bridge department was contracted to do the work. Building & Grounds Maintenance requires funding to pay for the removal of the inground gas tank. Capital Equipment was increased to cover the actual cost of budgeted items purchased during this period. Non -Departmental: Grant Writing Services is increased $3,750 to fund the Grant applications for the P-2000 land purchase proposals and 2,500 for Environmental Assessments. $6,000 is allocated for the completion of the Beach Sand Project. Land Acquisition Costs have been increased to record the purchase of Manatee Park. Transfers to the Capital Improvement Fund have been reduced due to the transfer of a Building Dept. vehicle to the Street Department and the decision not to replace the gas tank this fiscal year. The $48,629 balance of increased revenue over expenditures is recorded in the Contingency account. Honorable Mayor, et al Page Three January 14, 1999 LIBRARY FUND — SPECIAL REVENUE A Reference Desk for the Youth Services section of the library is needed. The Director has gathered quotes and the desk will require an expenditure of $4,101. It is proposed that the Library Expendable Trust Fund close out its fund balance of $1,747 and the balance of $2,355 come from the Library Fund Contingency account. BEAUTIFICATION FUND Donations are increased with the offset going towards the Operating Supplies to record the approximately $4,300 Mr. Bennix has contributed to the beautification of our roadways and City Hall. CAPITAL IMPROVEMENT FUND Changes in Capital Improvement reflect the reallocation of Sheriff's Operating funds to Capital Expenditure and the reduction in Street Department Capital Equipment account, discussed in the Non -Dept. section of the General Fund. SEWER FUND • Income from the Port for reimbursement of their share of the reuse water study has been recognized. • Training within the Sewer Fund has increased and $2,000 in additional funds is requested. • The budgeted purchase of a new copy machine has been postponed and a rental agreement established, decreasing Capital Equipment. • Fleet charge cards have replaced the in-house gasoline tank, negating the budgeted replacement. • Contingency has been increased by $18,750. CITY OF CAPE CANAVERAL BUDGET TRANSFERS FOR THE THREE MONTHS ENDED MARCH 1999 LINE ITEM 3/31199 BUDGET NUMBER ACCOUNT NAME BLANCE AMENDMENTS GENERAL FUND GENERAL FUND REVENUE 001-200-1000 CASH FORWARD 20,000 (23,750) (3,750) 001-332-1000 BUILDING PERMITS 65,000 15,000 80,000 001-329-3010 ZONING FEES 4,500 3,200 7,700 001-334-3920 DCA MANATEE PARK 0 802,400 802,400 001-335-4901 STATE PETROLEUM SETTLEMENT 0 4,479 4,479 001-342-1010 INVESTIGATIVE FEES 0 1,000 1,000 001-344-9000 BREVARD SIDEWALK PROJECT 0 32,820 32,820 001-369-2000 SITE PLAN REVIEW INCOME 17,000 8,000 25,000 001-380-2000 TRANSFER FROM FIRE TRUST FUND 3,000 2,330 5,330 001-338-2010 COUNTY EMS REVENUE SHARE 0 18,490 18,490 AMENDED GENERAL FUND REVENUE 887,719 LEGISLATIVE 001-1-511-5200 OPERATING SUPPLIES 2,905 1,000 3,905 001-1-511-4800 PROMOTIONAL ACTIVITIES 750 500 1,250 AMENDED LEGISLATIVE EXPENDITURES 1,500 ADMINISTRATION 001-2-513-4400 RENTALS & LEASES 100 1,000 1,100 AMENDED ADMINISTRATIVE EXPENDITURES 1,500 PLANNING & ZONING 001-3-515-3100 PLANNING SERVICES 5,000 5,000 10,000 001-3-515-4910 PUBLISHING 800 1,350 2,150 AMENDED PLANNING & ZONING EXPENDITURES 6,350 PUBLIC SAFETY -POLICE 001-4-521.3400 POLICE SERVICE CONTRACT 1,151,979 -4,827 1,147,152 AMENDED PUBLIC SAFETY -POLICE EXPENDITURES -4,827 PUBLIC SAFETY -FIRE 001-5-522.3400 FIRE SERVICE CONTRACT 335,700 12,450 348,150 AMENDED PUBLIC SAFETY -FIRE EXPENDITURES 12,450 CITY OF CAPE CANAVERAL BUDGET TRANSFERS FOR THE THREE MONTHS ENDED MARCH 1999 LINE ITEM 3/31/99 BUDGET NUMBER ACCOUNT NAME BLANCE AMENDMENTS BALAN E BUILDING DEPARTMENT 001-6-524.2200 RETIREMENT CONTRIBUTION 10,240 -1,200 9,040 001-6-524.5200 OPERATING SUPPLIES 2,200 1,200 3,400 AMENDED BUILDING DEPARTMENT EXPENDITURES 0 STREET DEPT. 001-7-541.5300 STREET REPAIRS 11,100 5,640 16,740 001-7-541.4610 BUILDING & GROUNDS MAINTENANCE 13,750 4,000 17,750 001-7-541.6400 CAPITAL EQUIPMENT 2,400 725 3,125 AMENDED STREET DEPARTMENT EXPENDITURES 10,365 NON -DEPARTMENTAL 001-17-901.3112 GRANT WRITING SERVICES 0 6,350 6,350 001-17-901.5210 BEACH SAND FENCING & VEG. PROJECT 0 6,000 6,000 001-17-901.6100 LAND ACQUISITION COST 0 802,400 802,400 001-17-901.9110 TRANSFER TO CAPITAL IMPROVEMENT 225,901 -22,923 202,978 001-17-901.9900 CONTINGENCY 31,470 69,054 100,524 AMENDED NON -DEPT. EXPENDITURES 860,881 AMENDED GENERAL FUND REVENUE 887,719 AMENDED GENERAL FUND EXPENDITURES 887,719 FIRE PROTECTION FUND REVENUE 102-363.2220 IMPACE FEES - AERIAL FIRE TRUCK 5,000 2,330 7,330 EXPENDITURES 102-22-581.9100 TRANSFER TO GENERAL FUND 5,000 2,330 7,330 AMENDED FIRE PROTECTION REVENUE 2,330 AMENDED FIRE PROTECTION EXPENDITURES 2,330 CITY OF CAPE CANAVERAL BUDGET TRANSFERS FOR THE THREE MONTHS ENDED MARCH 1999 LINE ITEM 3/31/99 BUDGET NUMBER ACCOUNT NAME BLANCE AMENDMENTS BALAN LIBRARY FUND - SPECIAL REVENUE EXPENDITURES 104-23-571.6400 CAPITAL EQUIPMENT 104-23-571.6400 MACHINERY & EQUIPMENT AMENDED LIBRARY FUND EXPENDITURES BEAUTIFICATION FUND REVENUE 105-366.1000 DONATIONS FROM PRIVATE SOURCES EXPENDITURES 105-15-539.5200 OPERATING SUPPLIES AMENDED CAPITAL IMPROV. REVENUE AMENDED CAPITAL IMPROV. EXPENDITURES CAPITAL IMPROVEMENT FUND REVENUE 301-380.5000 TRANSFER FROM GENERAL FUND EXPENDITURES 301-25-522.6400 CAPITAL EQUIPMENT - SHERIFF'S 301-25-541.6010 CAPITAL EQUIPMENT - STREET AMENDED CAPITAL IMPROV. REVENUE AMENDED CAPITAL IMPROV. EXPENDITURES SEWER FUND REVENUE 401-369.9000 MISCELLANEOUS INCOME EXPENDITURES 401-10-535.3200 AUDIT EXPENSE 401-10-535.5400 TRAINING & MEMBERSHIPS 401-10-535.6400 CAPITAL EQUIPMENT 401-19-901.9900 CONTINGENCY AMENDED SEWER FUND REVENUE AMENDED SEWER FUND EXPENDITURES 0 2,355 2,355 0 2,355 2,355 4,710 2,000 3,400 5,400 18,450 3,400 21,850 3,400 3,400 225,901 -18,923 206,978 63,151 4,827 67,978 73,750 -23,750 50,000 -18,923 -18,923 1,000 2,500 3,500 16,000 3,500 19,500 6,200 2,000 8,200 92,850 -21,750 71,100 190,384 18,750 209,134 2,500 2,500 CITY OF CAPE CANAVERAL BUDGET TRANSFERS FOR THE THREE MONTHS ENDED MARCH 1999 LINE ITEM 3/31/99 BUDGET NUMBER ACCOUNT NAME BLANCE AMENDMENTS BALAN E LIBRARY EXPENDABLE TRUST FUND REVENUE 601-300.1000 CASH FORWARD 0 1,747 1,747 EXPENDITURES 601-24-571.6400 CAPITAL EQUIPMENT 0 1,747 1,747 AMENDED LIBRARY TRUST FUND REVENUE 1,747 AMENDED LIBRARY TRUST FUND EXPENDITURES 1,747 Meeting Type: Regalar Meeting Date: 05-18-99 AGENDA Heading Considerations Item No. 2 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: APPROVAL OF SETTLEMENT, FEDERAL BEACH EROSION LAWSUIT DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider approval of the proposed settlement of the federal beach erosion lawsuit as recommended by the law firm of Gray, Harris & Robinson. Summary Explanation & Background: See attached correspondence. Please advise. Exhibits Attached: Settlement correspondence City Manager's Office (Signature) Department LEGISLATIVE g: /admin/council/meeting/1999/05-18-99/lawsuit. doc S-10-1999 8:37PM J. CHARLES GRAY GORDON H.HARRIS RICHARD M. ROBINSON PHILLIP R. FINCH PAMELA O. PRICE JAMES F. PAGE, JR. WILLIAM A. BOYLES THOMAS A. CLOUD BYRD F. MARSHALL, JR. J. MASON WILLIAMS, III LEO P. ROCK, ,JR. G ROBERTSON DILG CHARLES W. SELL JACK A. KIRSCHENBAUM RICHARD E. BURKE GUY S. HAGGARD FREDERICK W. LEONHARDT BORRON J. OWEN, JR. MICHAEL K. WILSON JEFFREY O. KEINER PAUL S. QUINN, JR. DAVID L. SCHICK JACK K. MCMULLEN SUSAN T. SPRADLEY MICHAEL E. NEUKAMM DONALD A. NOHRR PHILIP F. NOMI7R WILLIAM G. 906TIN, III R. LEE BENNETT TRACY A. MARSHALL JOHN A. KIRST, JR WILBUR E. BREWTON KENNETH J. PI.ANTE GRAY, HARRIS & ROBINSON PROFESSIONAL ASSOCIATION ATTORNEY'S AT LAW SUITE 200 20, EAST PINE STREET POST OFFICE BOX 3068 ORLANDO, FL 32802.3068 TELEPHONE (407) 843-8880 FAX (407) 244-5690 WEBSITE: www.ghrlaw.com WRITER'S DIRECT DIAL E-MAIL ADDRESS mwilliam@ghrlaw.com MICHAEL E. WRIGHT WILLIAM A. GRIMM KENT L. HIPP DONALD M. GIBSON ALISON M. YURKO THEODORE L. SHINKLE JOHN M. BRENNAN SCOTT W. SPRADLEY KIMBERLY NOWORYTA SUNNER MICHAEL J. BITTMAN -------------------------------- BRUCE M. HARRIS R. DEAN CANNON, JR. FRANK A. HAMNER RICHARD A. RODGERS KELLY BREWTON PLANTE J. SCOTT SIMS CATHERINE M. PECK LORI T. MILVAIN MATTHEW S. SMITH CHRISTINE A. NOWORYTA W. CHRISTOHER BROWDER MARTHA H. McINTOSH LISA A. SPECHT GREGORY W. MEIER GREGORY W. GLASS WILLIAM J. DENIUS KURTIS T. BAUERLE DEREK E. BRUCE TROY A. KISHBAUGH ----------------------- OF COUNSEL MALCOLM R. KIRSCHENBAUM SYDNEY L. JACKOWITZ LILA INGATE McHENRY MICHAEL J. CANAN May 5, 1999 Our File No.: 21225-1 CITY OF CAPE CANAVERAL c/o Kohn Bennett, Esq. Amari, Theriac & Eisenmenger, P.A. 96 Willard Street Cocoa, FL 32922 RE : Approval of Settlement - Beach Erosion Lawsuit (Applegate v. U.S.) Dear Mr. Bennett: After more than six and a half years of tireless toil by our firm, the consultants we retained for you, and many public officials who support placing sand on our beaches, we hava finally obtained a settlement which we can and do recommend to you. You do not have to respond to this letter if you approve of the settlement, which will be explained below. We will consider your approval.given if you do not respond in writing by May 31,1999. Thus; it is sufficient for you to do nothing to express your approval. The Justice Department must also formally approve the settlement, which we are told and believe will be forthcoming. Time is of the essence. In order to best ensure that Congress will appropriate the necessary funds this year, we must have our clients, including you, approve this settlement by May 31, 1999. Congress is right now considering a Water Resource Bill which could provide the monies needed for our re -nourishment project_ The window of opportunity is closing fast. Your approval will assist greatly in influencing the passing of the Bill. Without approval of the settlement in the next 30 days, this funding will be jeopardized. MELBOURNE ORLANDO TALLAHASSEE (407) 727-8100 (407) 843-8880 (880) 888-2217 (?) mere compensation ana continues erosion. in addition, we are pleased that the (illegible) includes compensation for heretofore documented property damages, certain areas not receiving sand, and a provision for a court award of attorneys and consultants fees and costs, which will be substantial. All these things inure to your benefit. To give you a taste for the effort that has been put forth on your behalf, as of this writing we have expended in excess of 11,800 hours and in excess of $181,000 in costs advanced out of our own funds. Your consultants have expended in excess of 5,265 hours and in excess of $25,500 in costs on your behalf. None of us have been paid any money by you or anyone else. But we aren't telling you this to complain, only to allow you to realize the effort it took to get us to this point. The proof is in the pudding. We got the job done, and we will be paid out of the settlement funds only to the extent the Government does not pay us. Although we have achieved a major breakthrough in reaching settlement, there is still much to be done. We must now obtain appropriation of the necessary funds from Congress, hold hearings on the question of attorneys and consultants fees and costs, and of course we need your approval to move forward and conclude the settlement itself. Summary of Settlement Terms 1 . Appropriation of at least 40% of the Federal funds for the Project must take place within three years from the date of settlement. In this regard, we are advised by our Congressional contacts that the current Water Resources Development Act bill contains monies for beginning our Project. If the appropriation does not take 5-10-1999 8.38PM FROM P. 3 GRAY, HARRIS & ROBINSON PROFESSIONAL ASSOCIATION CITY OF CAPE CANAVERAL c/o Kohn Bennett, Esq. Page 3 May 5. 1999 place within three years, the litigation will resume. Vire believe that we will be able to obtain the appropriation and have a team of lawyers and consultants already working on it. 2. Construction of the Project (approximately 100 feet of sand horizontally) will take place within six years of the appropriation. The Project will be constructed in accordance with applicable law, in accordance with the funds appropriated, and is subject to local (Brevard County) cooperation as required by law and the Project Construction Agreement between the U.S. Army Corps of Engineers and Brevard County. Any modifications must be in accordance with applicable law. All of you must execute casements allowing the Corps to construct the Project. In the absence of a signed easement, the Corps may record the Settlement Agreement in the public record as evidence of said easement. 4. Upon appropriation of 40% of the Federal monies for the Project, $5,000,000.00, plus interest from the date of settlement, will be paid to compensate for heretofore documented property damages and areas not receiving sand (primarily the worm rock area south of Patrick Air Force Base.) In this regard, it is important to note that, over time, the sand placed north of Patrick Air Force Base will move south and benefit the worm rock area, and the Project may indeed ultimately be expanded to place sand on those beaches. 5. Upon appropriation of 40% of the Federal monies for the Project, attorneys/consultants fees and costs will also be paid in an amount determined by the Court. 6. Upon appropriation of 40% of the Federal monies for the Project, a Final Judgment will be entered and all of you will have waived all claims against the Government for damages from beach erosion occasioned by Port Canaveral up to and including the date of the Agreement. 7. Thereafter, provided re -nourishment is implemented every 6 years (+/- 2 years), all of you shall have no right of action against the Government for damages arising from erosion to their properties. In other words, none of you may sue the Government for beach erosion so long as the Government maintains the beaches. The Government's responsibility for six year re -nourishment ends in fifty years. 5-10-1999 6:39PM FROM P. 4 GRAY. HARRIS & ROSINSON PROFESSIONAL ASSOCIATION CITY OF CAPE CANAVERAL c/o Kohn Bennett, Esq. Page 4 May 5, 1999 8. The Government will re -nourish more of the worm rock area south of Patrick Air Force Base than is presently authorized if State and Federal authorities allow re - nourishment of same, provided Congress appropriates the necessary monies. 9. Until entry of Final Judgment, the Court will maintain supervisory jurisdiction over the parties' compliance with the temps of the settlement. 10. At the Government's request, our firm has also agreed not to represent any Brevard County beachfront property owner in any claim against the Government arising; out of erosion to their property, so long as the six year re-nourishment occurs as scheduled. 11. The Settlement is subject to approval by our clients and the U.S. Attorney General or her designee within ninety (90) days. We Urge Approval It is our considered belief that this Settlement constitutes the highest and best offer obtainable from the Federal Government in this matter. In fact, the settlement judge who mediated the settlement negotiations has advised that we have achieved a phenomenal result in this matter. We wholeheartedly recommend approval of this Settlement. Communication ojAcceptance 1. If you approve the Settlement, you are not required to do anything. Your silence will indicate your approval of the Settlement and authorize us to finalize it upon your behalf. 2. if you disapprove of the Settlement, you must advise us in writing by Certified Mail by May 31,1999. If we do not hear from you, we will proceed to finalize the settlement. 3. If you have questions, please do not hesitate to contact us, or make plans to attend the following settlement meeting: S-10-1999 8.39PM FROM P. 5 GRAY. HARRIS & ROBINSON PROFESSIONAL ASSOCIATION CI'T'Y OF CAPE CANAVERAL c/o Kohn Bennett, Esq. Page 5 May 5, 1999 Location: Beaches Settlement Meeting First Baptist Church of Cocoa Beach 830 South Atlantic Ave. Cocoa Beach, FL 32931 Date: May 27, 1999 Time: 7:00 pm Distribution of Settlement Funds We are currently giving a lot of thought to a fair and equitable arrangement for distribution of the settlement funds. We will continue to spend the time and energy necessary to develop and prepare a fair distribution plan. This arrangement will take into account documented property damages heretofore reported to us, as we requested, by those affected, as well as compensation to properties which are not receiving sand under the settlement agreement due to environmental concerns. Other properties, which have not reported property damages to us and which will be receiving sand re -nourishment, will receive compensation, but in a lesser amount. The damage to many properties will be principally compensated by the sand of the Project itself. Once we have made the appropriate calculations, we will communicate them to you. However, please understand that any numbers will be approximate, since until the Final Judgment is entered and the appropriation is made by Congress, the final numbers will not be known. Please further understand that your approval of settlement in this matter as requested by this letter is separate and distinct from any considerations surrounding distribution of the settlement funds. We are only seeking approval of the Settlement at this time. The final arrangement for distribution of funds will be addressed when the Final Judgment is entered. If the distribution plan in accepted by all the clients, when the monies are available they will be paid to the clients. if the distribution plan is rejected, Gray, Harris & Robinson, P.A. will be unable to represent anyone in such a dispute. Instead, we will be required to deposit all the monies for clients into the Registry of a Court in Brevard County, Florida. Each client then would have to make a claim and substantiate it in court proceedings. Expenses may include attorney's fees and costs and court chancellor fees to handle disbursement of the monies. These expenses may have to be borne by you or may be taken from the fund in whole or in part. 5-10-1999 8:40PM FROM P. 6 GRAY. HARRIS & ROBINSON PROFESSIONAL ASSOCIATION CITY OF CAPE CANAVERAL c/o Kohn Bennett, Esq. Page 6 May 5, 1999 Obviously. it is in all of the clients' best interests, including yours, to approve the settlement and accept the distribution plan when presented to you, rather than expend further funds on court claims. Attorneys Fees and Costs Because we were forced to take an appeal of the dismissal of this matter to the United States Federal Circuit Court of Appeals, our fee agreement with you entitles us to 40% of the recovery in this case. Fortunately, the Government has agreed to pay our fees and costs as awarded by the Court in addition to the settlement funds. However, as our agreement states, we are entitled to the greater of the 40% or the amount the Court awards. Thus, even though we anticipate receiving a very substantial fee and cost award for the thousands of hours we spent on your behalf, there is a chance that a shortfall might exist, to be made up from the settlement funds. We believe that any such potential shortfall will be minimal. Concluding Remarks This Settlement is the culmination of years of litigation, eighteen months of settlement negotiations, and thousands of hours of effort by your attorneys, consultants and other concerned officials such as the Port Authority, County Commission, Congressman Weldon, and Senators Gntham and Mack. It has been an arduous process, and we must be clear in stating that no further opportunity exists to negotiate additional or different terms to this agreement. This Settlement must be accepted or rejected as is. We hope it is accepted. We believe it should be accepted. We are proud to bring you this settlement. We are proud to usher in this long-delayed beach re -nourishment project for our beaches. We are proud to have obtained compensation in addition to the Project itself. Obtaining any monetary compensation was, in the words of the settlement judge, a remarkable achievement. We believe it should be considered as an extra, unexpected benefit. 5-10-1999 8:40PM FROM P. 7 GRAY, HARRIS & ROBINSON PROFESSIONAL ASSOCIATION CITY OF CAPE CANAVERAL c/o Kohn Bennett, Esq. Page 7 May 5, 1999 Thank you for your patience in reviewing this letter. You should be proud to have been an integral part of the decades long effort to bring a sand re -nourishment to Brevard County. Sincerely, (Signature) Gordon H. Harris (Signature) J. Mason Williams III (Initial) Jack A. Kirschenbaum 5-10-1999 8:37PM FROM P.1 Richard S. Amari Kohn Bennett Bradly Roger Bettin, Sr. Carla Neeley Freitag Anthony A. Garganese Mitchell S. Goldman J. Wesley Howze Lee Marinelli Matthew J. Monaghan Mark S. Peters David M. Presnick Charlet R. Steinberg James S. Theriac, III •Admitted PA, VA, TN only LAW OFFICES AMARI & THERIAC, P.A. Attorneys and Counselors Mariner Square 96 Willard Street, Suite 302 P.O. Box 1807 Cocoa, Florida 32923-1807 Telephone (407) 639-1320 Fax (407) 639-6690 ------------------- Imperial Plaza Suite B104 6769 N. Wickham Road Melbourne, Florida 32940 Telephone (407) 259-6611 Fax (407) 259-6624 FAX TRANSMITTAL SHEET TO: Bennett FROM: Kohn DATE: 5-10-99 DESTINATION FAX NUMBER: Attached is our FAX transmittal which is 8 pages, INCLUDING this one. COMMENTS: CONFIDENTLALITY NOTE: THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDMDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS TELECOPY IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TELECOPY IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE VIA THE UNITED STATES POSTAL SERVICE. THANK YOU! Meeting Type: Regular Meeting Date: 18 March 1999 AGENDA Heading Ordinance — 1 st Reading Item No. 3 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Ordinance No. 04-99, Adopting a C-2 Commercial/Manufacturing District DEPT./DIVISION: Legislative Requested Action: City Council consideration of approving the C-2 Commercial/Manufacturing District Ordinance for further public hearing. Summary Explanation & Background: Planning and Zoning recommended approval of the ordinance as amended by the City Council at the March 15, 1999 Workshop. Exhibits Attached: Ordinance No. 04-99 City Manager's Office (Signature) Department \\cape-nt\common documents\agendas 1999\cm agenda report c-2 ord.doc ORDINANCE NO. 04-99 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, ARTICLE VII, DISTRICTS, BY THE ADOPTION OF A NEW ZONING DISTRICT WITHIN THE CITY UNDER A NEW DIVISION 8, C-2 COMMERCIAL/MANUFACTURING DISTRICT, SETTING FORTH PRINCIPAL USES AND STRUCTURES; USES BY SPECIAL EXCEPTION; PROHIBITED USES; AREA DIMENSIONS; SETBACKS; AND OTHER PERFORMANCE STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Chapter 110, Zoning, Article VII, Districts, is hereby amended by the addition of a new Division 8, C-2 Commercial/Manufacturing District, under Sections 110-380 through 110-389, inclusive, as follows: Section 110-380 Intent. The requirements for the C-2 commercial/manufacturing district are intended to apply to an area adjacent to major arterial streets, located adjacent to existing commercial or manufacturing uses and convenient to major residential areas. This district would be associated with a mix of low density commercial and light industrial. The types of uses permitted are intended to serve employment and consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. All principal uses permitted in this zone shall be contained in an enclosed structure. All buildings in this district shall be considered in the fire district, as per the definition in Section 110-1 and shall be built in conformance with the rules and regulations of fire districts. Section 110-381 Principal Uses and Structures. In the C-2 commercial/manufacturing district, the following uses and structures are permitted: 1. Retail stores, sales and display rooms, and shopping centers. 2. Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations, tailor shops, daycare and similar uses. City of Cape Canaveral Ordinance No. 04-99 Page 2 3. Dry cleaning establishments using non-flammable solvents and cleaning fluids as determined by the fire chief. 4. Professional offices, studios, clinics, laboratories, general offices, business schools, data processing and similar uses. 5. Banks and financial institutions. 6. Places in which goods are produced and sold at retail upon the premises. 7. Eating establishments, bakeries and delicatessens. 8. Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises. Applicant must meet the requirements of Section 110-171; provided, however, no special exception shall be required, and the Building Official shall make the determinations set forth therein. 9. Non-commercial public parks; commercial indoor playgrounds; clubs and lodges; cultural facilities; hospitals; clinics; mortuaries and funeral homes (excluding crematories); government offices; schools; adult and youth centers; churches; reading rooms and similar uses. 10. Vocational and trade schools not involving operations of an industrial nature, such as truck driving schools. 11. Repair service establishments, such as household appliances, radio, television and similar uses (excluding automobile repairs). 12. Automotive service stations, subject to the following: a. All setbacks shall be no less than 25 feet from any portion of the building, including pump islands. b. Underground storage is required for all receptacles for G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 3 combustible materials in excess of 55 gallons. Such storage shall comply with all Environmental Protection Agency standards. c. The accumulation and storage of waste petroleum products is forbidden, unless in compliance with Environmental Protection Agency standards. d. Curb cuts shall be made in accordance with Section 110-493. e. No service stations shall be erected or located within 150 feet of the property line of any church, hospital, school or park. f. A visual screen, meeting the specifications of Section 110-566, shall be provided along any property line abutting a residential district or residential use. g. Services and sales permissible include only the following: 1. Spark plugs, batteries, distributor parts, ignition system parts, vehicle wiring and the like. 2. Exhaust system components, engine cooling components, automotive air conditioning system components, braking system components, vehicle lighting system components, radios, steering assembly parts, fuel system components and the like. 3. Tire servicing and repair, but not recapping. 4. Washing and polishing, including the sale of related materials. 5. Greasing, oil changes and other lubrication. 6. Sale of cold drinks, package foods, tobacco and similar G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 4 convenience goods for service station customers. 7. Road maps, informational materials and restroom facilities. h. Vehicles shall not be parked outside the building for more than four days, such four days to be considered as an accumulated parking time, whether consecutive or accumulated. i. Uses permissible at a service station do not include body work, straightening of body parts, painting, welding (other than minor repairs), storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a body shop. j. Automotive parts, new or used, shall not be stored outside. k Vehicles are not to be dismantled or scrapped for parts. I. Engine and transmission overhaul may be performed only inside the service bays. m. A minimum of two enclosed service bays and a customer waiting area must be provided if maintenance and repairs are a part of the business. n. A minimum building size of 2,000 square feet shall be provided. o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement. P. Landscaping shall conform to Section 110-566. q. Service stations shall not be erected or located within 2,000 feet of the property line of another service station. G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 5 13. Light manufacturing, including: a. Instruments for controlling, measuring and indicating physical characteristics. b. Optical instruments and lenses. C. Surgical, medical and dental instruments and supplies. d. Ophthalmic goods. e. Watches, clocks, clockwork -operated devices and parts. f. Photographic equipment and supplies. g. Jewelry, silverware, plated ware. h. Musical instruments and parts. i. Toys, amusements, sporting and athletic goods. j. Radio, TV, phonograph and electronics instruments and parts. k. Pens, pencils and other office and artist materials. I. Costume jewelry, costume novelties, buttons and notions. m. Other similar uses. Section 110-382 Accessory Uses and Structures. In the C-2 commercial/manufacturing district, customary accessory uses of one or more of the principal uses, clearly incidental and subordinate to the principal use, in keeping with the commercial manufacturing character of the district, are permitted. G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 6 Section 110-383 Special Exceptions Permissible by the Board of Adjustment. (a) In the C-2 commercial/manufacturing district, after public notice and hearing, the Board of Adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards, as set forth in this zoning district. (b) The Board of Adjustment may adjust setbacks and provisions noted in Article IX of this Chapter as necessary and appropriate in granting special exceptions. (c) Special exceptions may be permitted for the following: 1. Plant nurseries and greenhouses, provided that all outside display of merchandise are contained within the required setbacks. 2. Vocational and trade schools involving operations of an industrial nature. 3. Radio and television studios. 4. Temporary security facilities, subject to annual review. 5. Veterinary hospitals and clinics, subject to the provisions designated in Division 5 of this Article for the C-1 district. 6. Sales, leasing and rental of new and used automobiles, major recreational equipment and mobile homes with accessory services, subject to the following: a. Outside areas where merchandise is displayed shall be paved. G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 7 b. All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 30 feet apart on the same street. c. All servicing and repair activities, except gasoline pumps, shall be located in an enclosed structure. d. There shall be no storage of junked or wrecked automobiles, other than temporary storage, not to exceed 30 days. These vehicles shall be within an enclosed area and not be visible from outside the property. G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 8 e. Ingress and egress points shall not be placed so as to endanger pedestrian traffic. 7. Commercial establishments for the storage of parking recreational vehicles, trailers and trailerable items, provided it meets the following, as a minimum: a. Minimum lot size of 10,000 square feet. b. Vehicle storage area must be obscured from view by either walls, fences or hedges. c. Walls, fences and hedges must comply with all city rules and regulations and must be kept in good condition, so as to ensure obstruction from view. 8. Public utility equipment: uses and rights-of-way essential to serve the neighborhood in which it is located. 9. Theaters, drive-in theaters, photographic studios, bookstores and dance studios, unless such uses fall within the scope and restrictions of Section 10-86, et seq. 10. Carwashes, including polishing and sale of related materials. 11. Mini -storage and storage warehouses. Section 110-384 Prohibited Uses and Structures. In the C-2 commercial/manufacturing district, the following uses and structures are prohibited: 1. All uses not specifically or provisionally permitted in this division. 2. Any use which fails to meet performance standards specifications as provided in Section 110-466. G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 9 3. Bottle clubs. 4. Crematoriums (animal or human). Section 110-385 Area and Dimensions. In the C-2 commercial/manufacturing district, the following areas and dimensions shall be required: 1. Minimum lot area shall be as follows: a. Service stations, 12,000 square feet. b. All other principal uses and structures shall be 10,000 square feet. 2. Minimum lot width shall be as follows: a. Service stations, 100 feet. b. All other principal uses and structures shall be 75 feet. 3. Minimum lot depth shall be 100 feet. 4. Maximum lot coverage shall be 50 percent. 5. Minimum floor area shall be 300 square feet. 6. Maximum height shall be 45 feet. Section 110-386 Minimum Setbacks. In the C-2 commercial/manufacturing district, the minimum setbacks required shall be as follows: G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 10 1. Front, 25 feet. a. (See subsection (b) of this Section.) 2. Side (interior lot line) 15 feet, except where industrial property abuts a residential district, in which case the minimum side interior lot shall be 25 feet. 3. Side (corner lot line), 25 feet. 4. Rear, 15 feet, except where industrial property abuts a residential district, in which case the minimum rear yard requirement shall be 25 feet. 5. Public or private street, 25 feet. a. (See Section 110-356 for special setbacks.) Section 110-387 Landscaping, Screening and Parking. In the C-2 commercial/manufacturing district, landscaping, screening and parking shall be as provided in Article IX of this Chapter. Section 110-388 Performance Standards. In the C-2 commercial/manufacturing district, performance standards shall be as provided in Section 110-466, et seq. Section 110-389 Parking and Loading. In the C-2 commercial/manufacturing district, off-street parking shall be as provided in Section 110-491, et seq., and off-street loading shall be as provided in Section 110-506, et seq. G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 11 SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts of an ordinance or resolution, in conflict herewith are repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1999. Rocky Randels, MAYOR ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY G:\CityClk\Ordinances\ZONING\C2ZONE.doc FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Richard Treverton First Reading: Posted: Published: (Council) Public Hearings: LPA: May 12, 1999 Council Meeting Type: Regular Meeting Date: May 18, 1999 AGENDA Heading Ordinances — 2nd Reading Item 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 GROWTH MANAGEMENT g:/admin/council/meeting/ 1999/05-18-99/01-99.doc c:\from g drive\admin\council\meeting\1999\05-18-99\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. Authoritv. 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 Legal Status of the Plan Amendment. The effective date of this small scale development plan amendment shall be thirty-one (31) 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\Ordinances\ZONING\Solana Small Scale Comp Plan .DOC City of Cape Canaveral Ordinance No. 01-99 Page 3 SECTION 6. Transmittal to Department of Communitv 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 l st rdg: May 4, 1999 Public Hearing: May 18, 1999 \\CAPE-NT\cityclerk\CityClk\Ordinances\ZONING\Solana Small Scale Comp Plan .DOC The Times Published Weekly on Wednesday The Star Advocate Published Weekly on Wednesday The Tribune Published Weekly on Wednesday The Bay Bulletin Published Weekly on Wednesday FLORIDA TODAY Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MAUREEN FARR _ who on oath says that she is LEGAL ADVERTISING CLERK of the FLORIDA TODAY a newspaper published in Brevard County Florida; that the attached copy of advertising being a LEGAL NOTICE in the matter of - CITY OF CAPE CANAVERAL Court ZONING CHANGES was published in the FLORIDA TODAY NEWSPAPER in the issues of MAY 7, 1999 Affiant further says that the said FLORIDA TODAY NEWSPAPER is a newspaper published in said Brevard County, Florida. and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as second class mail matter at the post office in MELBOURNE said Brevard County, Florida, for a period of one year next preceeding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. (Signature) (Signature of Affiant Sworn to and subscribed before me this 7 th day of MAY 1999 (Signature) (Signature of Notary Public RENEE AMBROSE ( Name of Notary Typed Printed or Stamped) Personally Known-X or Produced Identification Type of Identification Produced Legal-affidavit Renee M. Ambrose Notary Public, State of Florida Commission No. CC 551427 My Commission Expires 04/29/00 PUBLIC NOTARY . Fla. Notary Service & Bonding Co. TO -L5460 -IT -5 7.1999-FRI NOTICE OF LAND USE CHANGE The City of Cape Canaveral Pro- poses a first small scale ComPre- hensive Plan Amendment and, zoning changes in the City of Cape Canaveral. A PUBLIC HEARING On the FU- TURE LAND USE ELEMENT AMENDMENT and zoning changes will be held by the City Council of the City of Cape Ca- naveral, on Tuesday, May 18. 1999 at 7:00 P.M. in the City Hall Annex. 111 Polk Avenue, Cape Canaveral, Florida. The City Council will consider the recommendations made by the City of Cape Canaveral Local Planning Agency by reviewing the following proposed amend - ments to the City's Code of Ordi- nances: ORDINANCE NO.01-99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA. RELATING TO THE COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING TME FIRST SMALL SCALE PLAN AMENDMENT FOR 1998 AS PROVIDED IN CPA -99-01. WHICH SHALL AMEND THE COMPREHENSIVE PLAN FU- TURE LAND USE MAP; PRO- VIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANS- MITTAL OF THE PLAN AMENDMENT TO THE DE- PARTMENT OF COMMUNITY AFFAIRS: PROVIDING FOR REPEAL OF PRIOR AND IN CONSISTENT ORDINANCES AND RESOLUTIONS: PRO - VIDING FOR SEVERABILITY; AND PROVIDING FOR AN EF- FECTIVE DATE. ORDINANCE NO.02-99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA. AMENDING THEN OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CER- TAIN PROPERTY FROM R-2, (MEDIUM DENSITY RESI- DENTIAL DISTRICT) TO R-3 (MEDIUM DENSITY RESI DENTIAL DISTRICT) AS DE- SCRIBED IN "EXHIBIT A"; PROVIDING THE CONDI- TIONS OF APPROVAL: PRO- VIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLU- TIONS; PROVIDING FOR SEV- ERABILITY: AND PROVIDING FOR AN EFFECTIVE DATE. 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 MENT DISTRICT) TO R -3 (MEDIUM DENSITY RESI- DENTIAL DISTRICT) AS DE- SCRIBED IN EXHIBIT "A", PROVIDING THE CONDI- TIONS OF APPROVAL: PRO VIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLU- TIONS: PROVIDING FOR SEV ERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed ordi nances and map are on file in the Office of the City Clerk and may be viewed during regular working hours, Monday through Friday. 8:30 a.m. to 5:00 p.m. Pursuant to Section 286.1015. Flor- ida Statutes. the City hereby ad- vises the public that: If a person decides to appeal any decision made by the City Council with re- spect 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 verba- tim 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 intro- duction or admission into evi- dence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office at (868-1221) 48 hours in advance of the meeting. Sandra Rozar Sims, CMC City Clerk 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 (Handwritten-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: 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 (Handwritten-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 I 11 15 I 14 N89' 43' 34"E 2,639.94' N. LINE OF SECTION 14 N89'45'43" E 1,319.16' N.W. CORNER OF GOVERNMENT LOT 1 POINT OF COMMENCEMENT N.W. CORNER OF SECTION 14 N. 1/4 CORNER OF SECTION 14 M-1 I ZONE PHIL RLFFIN SCALE: 1"=300' SHEET OF 2 UMT—z:41 Ch R N p Z ZONE W Q TOWNE REALTY PROPERTY a i 3 J N89.45'43 "E 606.59' 0 N UN£ OF R-2 ZONE v R-2 ZONE y N 603.15' *21T"WS. 589'52 W. CORNER OF 0ME REALTY M. PROPERN o THE VILLAGES OF SEAPORT, A CONDOMINIUM o OFF1CA L RECORDS BOOK 2598. PAGE 135 3 mLEN ingineering, Inc. SURVEYORS - ENGINEW 106 DME LANE (P.O. BOX 321321) COCOA BEACH, FLORMA 32932-1321 TELEPHONE: (407)783-7443 FAX:- (407)783-5902 N.W. CORNER OF GOYFRNAi£NT LOT 1 POINT OF BEGINNING N.W. CORNER OF DEED BOOK 177, PAGE 116 S89.4543'1Y 456.45 a a; 0 Z 26 ul 0 Z U Q N. UN£ OF DEED A BOOK 17Z PAGE 118 O C,4 DEED BOOK 1'1-7, PAGE 116 SEE SHEET 2 OF 2 FOR DESCRIPTION, SURVEYOR'S CERTIFIC4710N AND SURVEYOR'S N01 CORRECT PARCEL do DESC. 2-23-99 PREPARED AND CERTIFIED FOR.- ATE.- OR:ATE.• 1-08-99 DRAWN BY. DJG TOWNE REALTY OB NO. 980129 SCALE.J -300' 0 i 0 v y N o W N h O 3 }u N O N h POINT OF BEGINNING N.W. CORNER OF DEED BOOK 177, PAGE 116 S89.4543'1Y 456.45 a a; 0 Z 26 ul 0 Z U Q N. UN£ OF DEED A BOOK 17Z PAGE 118 O C,4 DEED BOOK 1'1-7, PAGE 116 SEE SHEET 2 OF 2 FOR DESCRIPTION, SURVEYOR'S CERTIFIC4710N AND SURVEYOR'S N01 CORRECT PARCEL do DESC. 2-23-99 PREPARED AND CERTIFIED FOR.- ATE.- OR:ATE.• 1-08-99 DRAWN BY. DJG TOWNE REALTY OB NO. 980129 SCALE.J -300' 0 DESCRIPTION NOT A BOUNDARY SURVEY DESCRIPTION: 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 S01'29' 01 "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 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 "i1; 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 N01'29'21 "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 Zonini 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 -AO I" and '70-80-A03, " State Plane Coordinates, Florida East Zone. J. • = 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)793-5902 CORRECT PARCEL & DESC. 2-23-99 )B NO. 980129 I DATE: 1-08-99 SURVEYOR'S CERTIFICATION: l hereby certify that the attached Property Description was prepa ed under my direction, in accordance with all applicable requirement of the illinimum Technical Standards," for land surveying in the Sto a of Florida, described in Chapter 61G17-6, Florida Administrative Cod.-, pursuant to Chapter 472.027, Florida Statutes. ALLEN ENGINEERING, INC. BY: (Signature) ROBERT M. 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 C77ON 14 CANAVERAL PORT AUTHORITY P 5TAk°EDPOINT OF BEGINNING rrr PPEN trvE CIF sErnav 14 N89'45'4'L " Kw. COPrrEie of Qo arvuar cor r aszs6• _ 4.35.60 fav 1 r/z" enw PIPE 1/7- MOW ROO FD(AW r/1- JgQV ROO r3/A 16• — ""—' .9 NO DETVTTAi AWN a"Im LE 15' N.) (o z8- K. 6.16* w.) C, , \ R zz I PROPOSfO R04OIYAY EASD.EW /1 w. , ` P4 1 RLt i1 1 ,o - r/ sAWN, )2. (hear A PART) • v IK f 26ap6 8 860. ti ^ y PROPOSED ROADWAY £ASf1aNT 12 ' ^ Q o n N89'45 43'L' 627.44 25• RESaP10 WN OFT M 4. PACE 2M7. 1P" 1691) ( M. OF OO E7M L07 1 25.17 ACR£ [^ MEW "I VON Rao Q FUND 5/8" am NO A7fNTMX4ncw ROO K 9 L LM O rEra ' OF 2 ' 260.06' 0l J' s. re 54- w.) z I . Q 25• FV&M V2' MON ROi (1.24- K. aAO77ir0W ie TRACT. LAC OF THK 90. O F ES— OOKRAw T 872.69OF LOTII, g 2 2 r 1 :f 8wof; Eujoor) f -moo Kd9'4eM% 1J19.f6• 0 - apO (htlT K LME OF COMMENT LOT 3 KM ci^ 5 LA+E OF COMMMUENT LOT 1 OfID 177, PACE 118 oto{ SNJ 7'39113Qa57- 501'2901-E 682.79' sb;es-5z r 48924 456.15' Karsut s CT PARCEL 9 4, i'43 50- ROAD ReSERrAWN 25&12*. 7 58952 1 S8T52'219V 603.15' THE SEAPORT ,FRON7 l 47 KI aD EASEMENT OF77CM RE7,G""'/BOOK n THE MLAGES OF SEAPORT, A DOMIN1U tI OFF7CML RECORDS BOOK 2598, AGE 13 / 5 # Nh V Rd&us- 35.00Dego_ ra Am! 55.74 4 11 I ~o w r*V"- 35.77 Chord- 50.03 it O Chard fry. 544b62111: 2 f REMAINDER OF GOVERNMENT LOT 3 (NOT A PART) - - - - - - N.89.47 24'E 1579.11' hb y 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 Reatry, Inc. 710 N. Plankinton Ave. Milwaukee, Wisconsin 53203 RE: Shorewood 11- = 56 Acres, Preliminary E & T Survey Dear Mr. Borris: On November 18, 1999, 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 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 cornmunity 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 polyphemus). 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 (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 aritbin 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 maybe impacted due to construction plans. A more thorough survey should be conduce prior to obtaining permits. There were no other endangered or threatened wildlife species obscrvcd during this site visit as listed by the US Fish " Wildlife Service or the FGFWFC. There was no sign of savb jays (Aphelocoma coerulescens coerulescens) or their nests inhabiting this project site. The habitat on the property is unsuitable for this species. The presence ofendangered 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 continue4 existence of any Endangered or Threatened species. There were no listed plant species observed on the project site during this site visit. Ifyou have any questions please feel free to call me. Thank you for the opportunity. 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 Public 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 67017 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. 3, (Signature) PHIL RUFFIN Address: 2, Box 17087 Wichita, Kansas 67217 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 NEVADA ) ) ss. COUNTY OF 6, Clark ) DOUGLAS VAN PATTEN Notary Public • Nevada No. 94.5880 -1 My app(. 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, as Driver License 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 18, 1999 AGENDA Heading Ordinances — 2ND 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 GROWTH MANAGEMENT g:/admin/council/meeting/1999/05-18-99/02-99.doc c:\from g drive\admin\council\meeting\1999\05-18-99\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 Rezonmg.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 porion of Section 14, Township 24 South, Range 37 East, Brovard County, Florida, being more particularly described as follows: Commence at the Northwest comer of said Section 14; thence N8904334"E, along the North line of the Northwest on"uarter of said Section 14, a distance of 2,63994 feet, to the North ono -quarter corner of said Section 14; thence N89MY43"E, along the North line of the Northeast ono -quarter of said Section 14, a distanco 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 the Northeast one-quarter of said Soctlon 14, a distance of 435.60 feet, to 'the Northwest comer of Government I at 1 of said Section 14; thence SO 1029'01"F, along the West Iine 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 NO1°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 fact of said Government Lot 1; thence N8904543"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*5736"W, along said Erosion Control Line, a distance of 770.71 feet, to a point on tho North line of the South 330.00 feet of said Government Lot 1; thence S89'4033"W, along said Notch line, a distance of 1,557.93 feet, to a point on the West line of said Government Lot 1; thence SOI"29'01'B, 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 1 I8 of the Public Records of Brevard County, Florida-,, thence S89°4543"W, along said North line, a distance of 456.45 feet, to the Northwest comer of said lands; thence S00°2653"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; then& S89"52'21"W, along said North line, a distance of 603.15 feet; thenea,NO1029'01"W, a distance of 1,121.77 fact; 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. (Handwritten- 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 PLAN 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 baring 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) 274-2472 .Zip Code:32932-1321 Phone: 783-7443 TYPE OF REQUEST Change to the Text of the Comprehensive Plan Comprehensive Pian EIement: 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 chance: 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 LE 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 beim requested for, typed on a separate sheet of paper. An error in the legal description will result in the request being delayed at the owner/applicant's expense. X A certified survey of the subject property. A County Property Appraiser's map describing the exact parcel may be accepted in lieu of a survey in certain instants. X A County Property Appraiser's map identifying the subject property and all of the owners located within 500 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 property 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 eompletc and accurate prior to advertising a public hearing: STATEOF 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 M THIS APPLICATION. ALL SKETCHES AND DATA ATTACHED TO AND MADE A PART OF THISPLICATION ARE TRUE TO THE BEST OF MY KNOWLEDGE. Jill B Nickel State of Florida My Commission CC 756049 Expires July , 5, 2002 (Signature) (SIGNATURE) SWORN AND SUBSCRIBED TO BEFORE ME THIS 1st DAY OF March , 1999. MY COMMISSION EXPIRES: 07/05/02 03-03 240 A225009 SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY PROPOSED COMPREHENSIVE PLAN CHANGE CANAVERAL FORT AUTHORITY 10 " N, LIN£ OF SEC770H 14 N89'43 34' — 2,639.94'— — — j-- N8945 43'E 1,319.16' 1 1 ,f N. 1/4 ////GARNER OF SECAON 14 POINT OF COMMENCEMENT N.W. CORNER OF SECTION 14 M-1 PHIL PUFFIN SCALE: 1'=300• ZONE W i TOWNE REALTY PROPERTY a? o N89-45'43 "E 606.59 R-2 ZONE 603.15' S89'52 *21 " tiV S.W. CORNER OF TORWE REALTY INC. PROPERTY b THE VILLAGES OF SEAPORT, C A GONDOMINIL" o ` W^ OF1:7CLtL RECORDS BOOK 1598, PAGE 135 Y SHEET f OF 2 3 PREPARED BY: ALV LEN ngineering, Inc. SURVEYORS - ENG[NEERS 106 DDDR LANE (P.O. BOX 321321) COCOA BEACH, FLORIDA 32932-1321 PHONE: (407)783-7443 FAX:- (407)783-5902 1. 1 CORRECT PARCEL & OESC. 2-23-99 DATE 1-08-99 DRAWN BY.• DUG --., - .. v^n• N.W. CORNER OF GOVERN41ENT LOT 1 POINT OF BEGINNING N.W. CORNER OF DEED BOOK 177, PACE 118 889'45'431V 456.45' N — N. L)NE OF DEED BOOK 177, PAGE 118 DEED BOOK 11-1, PACzE 116 SEE SHEET 2 OF 2 FOR DESCRIPTION, SURVEroR'S CERTIFICATION AND SURVEYOR', PREPARED AND CERTIFIED FOR: TOWNE REALTY O 1C47 v Lu z 2 3 lu N 0 r V) ' a POINT OF BEGINNING N.W. CORNER OF DEED BOOK 177, PACE 118 889'45'431V 456.45' N — N. L)NE OF DEED BOOK 177, PAGE 118 DEED BOOK 11-1, PACzE 116 SEE SHEET 2 OF 2 FOR DESCRIPTION, SURVEroR'S CERTIFICATION AND SURVEYOR', PREPARED AND CERTIFIED FOR: TOWNE REALTY DESCRIPTION NOT A BOUNDARY SURVEY DESCRIPTION: 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 corner of said Section 14, thence N89'4334 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 N8945 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 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 17Z Page 118 of the Public Records of Brevard County, Florida; thence S89'4543`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 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, 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 N89'4543"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. j 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—AO I" and "70-80—A03, " State Plane Coordinates, Florida East Zone. 3. 0 = 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, FL0RD7A 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 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: CORRECT PARCEL & DESC. 2-23-99 TOWNE REALTY ZC77ON f 4 CAN'4vr=P.AL f=ORrC AUTHORITY sir K 04E OF -'ZCMW 1POAT 14 BEGINNING M.60 'E dsJ 6• 435.60 — — — 1/1- vow Rao - !Ya DFJY1 704710 Y T r5' AV PROPOSED R040WAY &SE1ENT /f w PHIL RIFFIN (NOT A PMT) Zw PROEM VSRaWWAY EkSGAEW /2 .p. 4 ; I '4J G 62; tib ?1 K W. forAuv CORNER COtiSZW' W LOT it r r/2' fRow r p- Ay RW rJ19 - i (0-M, K. 6.16' W.) CANA` EC rr- K, ss6; 70;j 1 N (a sr K 84;.9 W.J K LICE OF S. 100• OF i%60.06- `+ .090 K 990' OF COVETMEW LOT d) v^i t R4C (Q10 r sPACE r tJ t bac oar 2-W. FME 1691) 2S OF COtif MIGir 1AT rlu AlIOW .^I f7 ACR£ rev " anw Rq0 - Nn It 4lA7MV Q d . f >txtiv - A js/d- /Zgiy (a sr K 84;.9 W.J K LICE OF S. 100• OF K 990' OF COVETMEW LOT 2 t R4C (124' M. aor r Kd9'467J bac 26.J, AC7eES' 25' Rao AlIOW .^I SM: cook J1 c0{EaacyT r r ^ r 7 K89'46,-U7r 1319. hrAt Z ` K LMC OF GA?VVVANNr LOT J _Iwm W I" ff 7- S.Jsgw r .- -589'52.2 r'!v J 6 Q3.15' ! -.114" _.. \ 47 r ' ACCESS ROAD / w svo ao FASSlEM' NN£ V1LU(:,S OF SF OK,, ADfJIAlINNUAll OFFICUL REVoROS BOOK 2598. AG'F 135 V / -- 4 O 2 OI I (f.Or K. '18.04' .) Re '4.5'43' s' M-54* W.) 1/2' re+ort RQ. S LAC OF T7 E K 990' Z COVER7W NT . 87.-69' a jo K I- G104f7UiiE7YT LOT i w SHOREW00D, A •t 0A Qi 1 —ILO; -Cr cmWOmYr cvr , 6dT.79' tw Kd4 45 43- 50• RCa1D REsrRvArTcw NYE SEAPORT OI,E 4 lFRaNl oma4L imroRbs BOOK. # k Cu" number 1 RocAm- J5.00 --- . Aa 5174 444 • rr/ 35.77 b C7wrd 3RA1 hi Chord ft. 544VC211r: REMAINDER OF GOVERNMENT LOT 3 (NOT A PART) - - _ - N.M,4724'E 1579.11. - - - - - - •fib . h' y 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 ALLEN ENGINEERING, INC. LEN (407) 783-7443 FAX (407) 783-5902 106 DIXIE LANE —P.O. BOX 321321, COCOA BEACH, FLORIDA 32932-1321 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 fling 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. Young, Senior Vice President and Secretary STATE OF WISCONSIN ) ss. MILWAUKEE COUNTY ) The forgoing instrument was acknowledged before me on this 19th day of March. 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: 2, Box 17087 Wichita, Kansas 67217 4, (Signature) Witness Printed name: Craig T. Dudley 5, (Signature) Witness Printed name: ELAINE GARDNER STATE OF NEVADA COUNTY OF 6, Clark ) ss. 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 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 North one-quarter corner of said Section 14; thence N89*4543"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°45'43" 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' 1529' 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"45143"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 Intemal 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 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"4633"W. along said North. line, a distance of 1,557.93 feet, to a point on the West line of said Govenunent Lot 1; thence S01°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 S89°45'43"W, along said North line, a distance of 456.45 feet, to the Northwest corner of said lands; thence S00°2653"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; then& 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 18, 1999 AGENDA Heading Ordinances —2 nd 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 GROWTH MANAGEMENT g:/admin/council/meeting/1999/05-18-99/03-99.doc c:\from g drive\admin\council\meeting\1999\05-18-99\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 Meeting Type: Regular Meeting Date: May1999 AGENDA Heading Ordinances - 2nd 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 Department (Signature) \\cape-nt\cityclerk\cityclk\agenda\ regular\ 1999\cm agenda report #6 ord 03-99.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 Building Department (Please print Legibly or Type) (Handwritten- Request #99-06 Received 3399 SEB DATE FILED 3/3/99 FEE PAID Yes DEPOSIT RECEIVED BY SHC -(illegible) $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 (Part of Parcel #252) Legal Desc. LOT BLK SUB Sec 14 TWP 24-s Range 37E STATEMENT OF FACT: State of Florida, County of Brevard 1, Allen Engineering County of Brevard; being duly sworn, deposed and say that: --- I am the owner. X- I am the owner's designed agent. (Attach notarized letter of authorization) Owner's Name Solana Dev. , Inc. Address 710 N. Plankton City Milunoke State WI. Zip 53203 Home Phone# Work Phone # 414-274-2473 Other: (If other than owner) Applicant's Name Allen Engineering, Inc. Address: Box 321321 City Cocoa Beach State FL Zip 32931- 1321 Home Phone # Work Phone # 783-7443 Other 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 1 st day of March, 1999. (Signature) Signature of Applicant (Signature) Notary Public, State of Florida City of Brevard Jill B Nickel *My Commission CC756049 Expires July 5 , 2002 ----------------------------------------------------------------- completed request form and the $250.00 filing fee must be filed as follows: Requests for Variances and Special Ions (Excepting Telecommunication Towers exceptions (Excepting Telecommunication Towers). 14 days prior to the Planning & Zoning Board Meeting; request oning, 30 days prior to the Planning & Zoning Board meeting; Reques for Telecommunication Towers, sixty days for to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is by the Planning & Zoning Board. (A deposit may be required, see code section 110-92 for applicablility) FOR CITY USE ONLY (illegible) of Public Hearing Published in Newspaper on ------------------- (illegible) applicant by Certified Mail No. ---------------- on --------------------- Posted on Bulletin Board on ----------------------------- 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 PROPER'T'Y 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- (Handwritten) FLOOD HAZARD: None DRAINAGE: Good Perculation SITE ELEVATION: 9'+ FIRM ZONE: -X -Outside 500 yr. flood plain STRUCTURE ELEVATION: Proposed 11.0' ENVIRONMENTAL ISSUES: WATER: None - Water supplied by City of Cocoa AIR: None NOISE: None HISTORICAL/ARCHAEOLOGICAL: None ATTACHMENTS REQUIRE: 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 SURVEY COMPREHENSIVE PLAN CHANGE CANAVERAL PORT AUTHORITY 10 I 11 N89'43'34"E N. LINE OF SECTION 14 N.W. CORNER OF GOVERNMENT LOT 1 N 89'45'43"E 1,319.16' 15 I 14 N. 1/4 CORNER OF SECTION 14 POINT OF COMMENCEMENT N.W. CORNER OF SECTION 14 CANAVERAL PORT AUTHORITY C-1 ZONE SO 1'29'01'E 500.12' SOUTHERLY UNITS OF C-1 ZONE PHIL RUFFIN TRACT 3 500' S. OF AND PARALLEL N89'45'43"E 1,063.04' WITH N. LINE OF SECTION N. LINE OF M-1 ZONE POINT OF BEGINNING MAE REYNOLDS TRACT SCALE: 1'=300' PHIL RUFFIN NO1'29'01"W 1020.14' W. LINE OF TOWNE REALTY PROPERTY SUBJECT PARCEL E. LINE OF M-1 ZONE & W. LINE OF GOVERNMENT LOT 1 TRACT 5 R-3 ZONE Containing 24.89+ acres SHOREWOOD, A CONDOMINIUM ERLY LIMITS OF M-1 ZONE 1 OF 2 S89'45'43"W 1,063.04 R-2 ZONE ALLEN Engineering, Inc. SURVEYORS - ENGINEERS DIXIE LANE (P.O. BOX 321321) COCOA BEACH, FLORIDA 32932-1321 (407) 783-7443 FAX: (407) 783-5903 DEED BOOK 177, PAGE 118 PARCEL & DESC. 2-26-99 99 DRAWN BY: DJG 29 SCALE: 1"=300' SEE SHEET 2 OF 2 FOR DESCRIPTION, SURVEYOR'S CERTIFICATION AND SURVEYOR'S NOTES. PREPARED AND CERTIFIED FOR: TOWNE REALTY DESCRIPTION NOT A BOUNDARY SURVEY DESCRIPTION: PROPOSED COMPREHENSIVE PLAN CHANGE A portion of Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being more porticularty 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 Northwestll comer 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 co ner 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 "M-1" zoning; thence S89'45'43"W, along the South line of said -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 NO1'29'017"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-A01" and "70-80-AO3, " 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 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. 2-26-99 JO8 NO. 960129 1 DATE: 1-07-99 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 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 W. fun Borris, V.P. Towne Realty, Inc. 710 N. Plankinton Ave. Milwaukee, Wisconsin 53203 RE: Shorewood ll - = 56 Acres, Preliminary E & T Survey Dear Mr. 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 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 adjaoent 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 polyphemus). There were numerous burrows observed within the dune arca immediately adJaeent 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 harmmock 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 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 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 cocrulescens 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 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 19 th day of March, 1999. STATE OF WISCONSIN ) ss. MILWAUKEE COUNTY ) (Signature) James B. Young, Senior Vice President and Secretary The Foregoing instrument was acknowledged before me on this 19th day of March Meeting Type: Regular Meeting Date: 05-18-99 AGENDA Heading Discussion Item No. 7 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CITY HALL DEPT./DIVISION: LEGISLATIVE Requested Action: Mayor Pro Tem Petsos requested that the City Council look into the City Hall issue; do we remodel the existing facility or relocate to another facility? Summary Explanation & Background: Mayor Pro Tem Petsos and some staff members have inspected and toured the 7901 Astronaut Blvd. building. Attached is some information on the layout and asking price of this facility. Please advise. Exhibits Attached: Building information City Manager's Office (Signature) Department LEGISLATIVE g: /admin/council/meeting/ 1999/05-18-99/cityhall.doc FOR SALE OR LEASE 7901 Astronaut Boulevard Cape Canaveral, Florida LEASE PRICE: $9 - 12 per square foot (length of lease) Net/Net - Lessee pays all operating expenses, maintenance and real estate taxes, in addition to rental paid to Lessor. TAXES: $10,500 (estimated 1998) INSURANCE: $6,000 (estimated) UTILITIES: $1.70 per square foot (estimated) BUILDING SIZE: 17,204 square feet, two story building OCCUPANCY: Immediately ZONING: C-1 Offices and low density commercial use SALES PRICE: $1,725,000.00 LAND SIZE: 1.40 acres ± PARKING: 100 + spaces FOR ASSISTANCE CONTACT: Rodney S. Ketcham, Inc., Realtor 1980 N. Atlantic Avenue, Suite 918 Cocoa Beach, Florida 32931 Tel.: 407-784-0677 Fax: 407-784-3160 M W 2nd FLOOR PLAN 132'.4" ELECT. M W MACH. PHONE 76'6" HALF HEIGHT PARTITIONS CONFERENCE A/V 60'2" 16'4" 1st FLOOR 40'-4" 92'-0" ROONEY S. KETCHAM, INC. 1980 N. Atlantic Ave. - .Suite 918 Cocoa Beach, Fl. 3?931 Meeting Type: Regular Meeting Date: 05-18-99 AGENDA Heading Discussion Item No. 8 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: REUSE PROJECT UPDATE DEPT./DIVISION: WATER RECLAMATION Requested Action: Public Works Director Ed Gardulski will give a status report on the reuse project. Summary Explanation & Background: N/A Exhibits Attached: Report City Manager's Office (Signature) Department WATER RECLAMATION g: /admin/counciil/meeting/ 1999/05-18-99 reuse.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski tirector Public Works DATE: May 3, 1999 RE: Reclaimed Water up Date As of this date for the month for May a total of 19.5 MG of water has been reclaimed. 14.3 MG (75%) has been utilized as reuse throughout the City and Cocoa Beach. 5.2 MG (25%) was released to the River. To date there are 182 reclaimed water services within the City, of which 77 had paid. Attached is a copy of the customer list with status. The City is excepting applications from all areas. Staff is formulating addition construction plans from the applications received. The reclaimed water construction project is moving along and the City is still experiencing problems. The final SJRWMD grant contract deadline for the City is June 9, 1999. (See attached SJRWMD letter). There is not much time left to complete the project. Have not received any construction work schedule, no emergency phone numbers, Field telephone has been cut off for non payment, and City has not received the required release of liens for payment for vendors. The construction of Phases I & II are completed except for the punch list items and invoicing that seem to be a problem. Phase III pipe construction went very well. All the major pipe work is completed. The Contractor is making the necessary connections and services. The Contractor is in the process of pressure testing portions of the system. CC: file CITY OF CAPE CANAVERAL WATER RECLAMATION PLANT REUSE PROGRAM / REUSE START UPS DATE PAID LOCATION OWNER REUSE START-UP DATE BACKFLOW INSTAL. DATE ANNUAL INSPECTION INSPECTOR INT. 12 -Mar -97 BALLPARK (JACKSON) CITY OF CAPE CANAVERAL 17 -Mar -97 11 -Mar -97 11 -Mar -98 JUNE CLARK 12 -Mar -97 LIBRARY (POLK) CITY/COUNTY 14 -Mar -97 11 -Mar -97 11 -Mar -98 JUNE CLARK 12 -Mar -97 WASHINGTON PARK CITY OF CAPE CANAVERAL 09 -Apr -97 11 -Mar -97 11 -Mar -98 JUNE CLARK 09 -May -97 ANNEX CITY OF CAPE CANAVERAL 19 -Nov -97 10 -Oct -97 10 -Oct -98 JUNE CLARK 10-Oct-97 107/109 HARRISON AVE CARMEN MARINO 10 -Oct -97 10 -Oct -97 12 -Jan -99 JUNE CLARK 10-Oct-97 111/113 HARRISON AVE. CARMEN MARINO 10 -Oct -97 10 -Oct -97 12 -Jan -99 JUNE CLARK 28 -Oct -97 CITY HALL CITY OF CAPE CANAVERAL 10 -Oct -97 10 -Oct -97 10 -Oct -98 JUNE CLARK 06 -Nov -97 427 WASHINGTON AVE. MADELON JOHNSON 06 -Nov -97 10 -Nov -97 10 -Nov -98 JUNE CLARK 07-Nov-97 205/207 HARRISON AVE. NANCY HANSON 11 -Nov -97 20 -Nov -97 12 -Jan -99 JUNE CLARK 11 -Nov -97 8508 N. ATLANTIC SARAH JOHNSON 11 -Nov -97 20 -Nov -97 25 Nov -98 JUNE CLARK 13-Nov-97 129 HARRISON AVE. MARY L. TEDDER 25 -Nov -97 20- Nov-97 12-Jan -99 JC/LM 14-Nov-97 212 HARRISON AVE. ANITA MOORE 24 -Nov -97 20 -Nov -97 12 -Jan -99 JUNE CLARK 14-Nov-97 220 HARRISON AVE. DJ DREW 13 -Nov -97 20 -Nov -97 12 -Jan -99 JUNE CLARK 17-Nov-98 209 HARRISON AVE. (A/B) ALADDIN REAL ESTATE 04-Dec-97 09 -Jan -98 12 -Jan -99 JUNE CLARK 17 -Nov -97 7666 ORANGE AVE. ALADDIN REAL ESTATE 10-Feb -98 23-Jan -98 12-Feb-99 JUNE CLARK 17-Nov -97 RECREATION DEPT. CITY OF CAPE CANAVERAL 17 -Nov -97 13 -Oct -97 17 -Nov -98 JUNE CLARK 21-Nov-97 214 HARRISON AVE. NANCY PEEL 02 -Dec -97 14 -May -98 12 -Jan -99 JUNE CLARK 21-Nov-97 219/221 HARRISON AVE. PAUL McWAIN 05-Dec -97 04-Feb-98 12-Jan-99 JUNE CLARK 24-Nov-97 215 HARRISON AVE. GERALD MURRAY 10 -Feb -98 05-Dec -97 12-Jan -99 JUNE CLARK 24-Nov-97 106 WASHINGTON AVE. DOY W. SNODGRASS 12-Jan -98 03-Feb-98 03-Feb-99 JUNE CLARK 24-Nov-97 114 WASHINGTON AVE. CAROLE NEWMAN 24-Nov -97 23-Jan -98 23-Jan -99 JUNE CLARK 24-Nov-97 116 WASHINGTON AVE. BURT BRUNS 11-Dec -97 15-Jan -96 21-Jan -99 JUNE CLARK 24-Nov-97 128 WASHINGTON AVE. BART G. LUSCUSKIE 24-Nov-97 01-May-98 01-May-99 JUNE CLARK 11/24/97 130 WASHINGTON AVE. STEVE RAY TYLER 16-Apr-98 01-May-98 05-May-99 JUNE CLARK 24-Nov-97 401 WASHINGTON AVE. MELVILLE GROVE 06-Jan-98 24-Nov-97 13-Jan-99 JUNE CLARK 24-Nov-97 413 WASHINGTON AVE. HARRY A. CLARK 09-Jan-98 09-Jan-98 13-Jan-99 JUNE CLARK 12-Nov-97 529 WASHINGTON AVE. EVERETIS WILLSTON 15-Dec-97 21-Nov-97 12-Jan-99 JUNE CLARK REUSE-INSPECTIONS4/5/99 CITY OF CAPE CANAVERAL WATER RECLAMATION PLANT REUSE PROGRAM / REUSE START UPS DATE LOCATION OWNER REUSE START-UPDATE BACKFLOW HOOK-UP DATE ANNUAL INSPECTION INSPECTOR INT. Nov-97 531 WASHINGTON AVE. RONNIE B. FARMER 15-Dec-97 21-Nov-97 13-Jan-99 JC 16-Dec-97 313 WASHINGTON AVE. BESSETTE GARTEN 12-Jan-98 04-Feb-98 12-Feb-99 JC 17-Dec-97 210 HARRISON AVE. REBECCA NEELY 13-Jan-98 15-Jan-98 12-Jan-99 JC 23-Dec-97 7610 POINSETTA AVE JOANN NICHOLS 11-Feb-98 30-Jan-98 12-Jan-99 JC 23-Dec-97 7612 POINSETTA AVE. JOANN NICHOLS 11-Feb-98 30-Jan-98 12-Jan-99 JC 06-Jan-98 405 WASHINGTON AVE. GENE M. ELLIS 07-Jan-98 15-Apr-98 09-Jan-98 417 WASHINGTON AVE. WILLIAM ALLAN 13-Jan-98 06-May-98 11-May-99 JC/LM 05-Jan-98 321 WASHINGTON AVE. SANDY/MARC SMITH 24-Feb-98 31-Jan-98 24-Feb-99 JC/LM 21-Jan-98 319 WASHINGTON AVE. FRANK/ESTHER BAKER 24-Feb-98 21-Jan-98 24-Feb-99 JC/LM 21-Jan-98 115 HARRISON AVE. JERRY ASKIN 18-Feb-98 26-Feb-98 12-Jan-99 21-Jan-98 117 HARRISON AVE. JERRY ASKIN 18-Feb-98 26-Feb-98 12-Jan-99 JC/LM 22-Jan-98 315 WASHINGTON AVE JOSEE/REGAN BESSETTE 19-Feb-98 31-Jan-98 26-Mar-99 JC/LM 27-Jan-98 108 WASHINGTON AVE. DENNIS WARREN 17-Apr-98 17-Apr-98 17-Apr-99 JC/LM 16-May-98 122 WASHINGTON AVE. ANDY P. HANNEMANN 04-May-98 14-May-98 19-May-99 JC/LM 16-May-98 120 WASHINGTON AVE. STEPHEN S. CARAKER 04-May-98 14-May-98 19-May-99 JC/LM Jun-98 134 WASHINGTON AVE. FARAGO ZOLTAN 11-Jun-98 16-Jun-98 17-Jun-99 JC/LM 18-Jun-98 199 TYLER AVE. SIEGFRIED R. HOH (LA VILLA) 11-Aug-98 10-Aug-98 11-Aug-99 JC/LM 08-Jul-98 8440 N. ROSALIND AVE. CAPE VIEW ELEMENTARY 07-Aug-98 14-Jul-98 07-Aug-99 JC/LM 26-Jun-98 127 ADAMS AVE. THOMAS CAHILL 27-Feb-98 14-Jul-98 07-Aug-99 JC/LM 30-Jun-98 355 HARBOR DR. DEBORAH A. CROSS 24-Mar-99 29-Aug-98 24-Mar-99 10-Jul-98 422 HARRISON AVE BILLYJOE BREWER 10-Jul-98 424 HARRISON AVE BILLYJOE BREWER 29-Jun-98 106 E. CENTRAL BLVD JOHN C. BLIZZARD 08-Jan-99 11-Sep-98 08-Jan-99 JC/HM 10-Jul-98 382 CORAL DRIVE FRANKLIN MARTIN 24-Feb-99 05-Sep-98 24-Feb-99 JC/LM 29-Jul-98 353 CORAL DRIVE FORREST O. BURK 02-Mar-99 01-Sep-98 02-Mar-99 LM/HM 21-Jul-98 8402 CANAVERAL BLVD BRUCE&JOAN GRIMES 07-Jan-99 19-Dec-98 07-Jan-99 JC/HM 26-Jul-98 365 CORAL DRIVE DR. LEO KERWIN 15-Mar-99 01-Sep-98 15-Mar-99 LM/HM 30-Jun-98 377 CORAL DRIVE JEFFREY F. WHITE 05-Mar-99 01-Sep-98 15-Mar-99 LM 16-Jul-98 384 HARBOR DRIVE JEROME HODEPOHI 19-Feb-99 09-Sep-98 19-Feb-99 JC/HM 31-Jul-98 104 E. CENTRAL BLVD REBECCA BLIZZARD 08-Jan-99 11-Sep-98 08-Jan-99 JC/HM 06-Jul-98 300 LINDSEY COURT GENE ESCH 06-Apr-99 11-Sep-98 06-Apr-99 LM/HPM Jun-98 302 LINDSEY COURT MICHAEL MICHEL 06-Apr-99 05-Sep-98 06-Apr-99 LM/HPM 4/6/99REUSE-INSPECTIONS 2 CITY OF CAPE CANAVERAL WATER RECLAMATION PLANT REUSE PROGRAM / REUSE START UPS DATE LOCATION OWNER REUSE INSTAL.. DATE BACKFLOW HOOKUP DATE ANNUAL INSPECTION INSPECTOR INT. Jun-98 376 HARBOR DR. RAY LAMAR RUSSELL 04-Mar-99 29-Aug-98 04-Mar-99 JC/HM 15-Jun-98 378 CORAL DR. WILLIAM VIERA JR. 05-Mar-99 19-Sep-98 05-Mar-99 LM 15-Jun-98 8800 SEASHELL LN. WILLIAM CHAPMAN 05-Mar-99 19-Sep-98 05-Mar99 LM 15-Jun-98 208 CORAL DR. MICHAEL S. SMITH SR. 19-Feb-99 03-Sep-98 19-Feb-99 JC/HM 15-Jun-98 201 HARBOR DR. JOAN BROWN 17-Feb-99 16-Jan-99 17-Feb-99 LM/HM 16-Jun-98 363 HARBOR DR. CLYDE MOMENS 05-Mar-99 29-Aug-98 05-Mar-99 LM 17-Jun-98 213 HARBOR DR. HOWARD M. LEESER 18-Feb-99 01-Sep-98 18-Feb-99 JC/HM 18-Jun-98 227 CORAL DR. JOSEPH ROSS 19-Feb-99 27-Aug- 98 19-Feb-99 JC/HM 18-Jun-98 251 CORAL DR. WILLIAM D. HANSEN JR. 17-Feb-99 03-Sep-98 17-Feb-99 LM 22-Jun-98 119 HARBOR DR. JOSEPH SERABIA 23-Jun-98 211 CORAL DR. JUDITH L. LAMORETTE 19-Feb-99 03-Sep-98 19-Feb-99 JC/HM 26-Jun-98 223 CORAL DR. DAVID A OSBORNE 25-Feb-99 27-Aug-98 25-Feb-99 JC/HM 24-Jun-98 360 HARBOR DR. HELEN S. FILKINS 15-Apr-99 29-Aug-98 15-Apr-99 HPM 24-Jun-98 327 HARBOR DR. EDWARD BREMAN 29-Aug-98 24-Jun-98 373 CORAL DR. WILLIAM HODGE 05-Mar-99 01-Sep-98 05-Mar-99 LM 24-Jun-98 369 CORAL DR. WILLIAM HODGE 05-Mar-99 05-Sep-98 05-Mar-99 LM 25-Jun-98 359 HARBOR DR. JUDITH B. PATTON 15-Mar-99 29-Aug-98 15-Mar-99 LM/HM 26-Jun-98 231 CORAL DR. GEORGE S. CAMPBELL 12-Mar-99 03-Sep-98 12-Mar-99 JC/HM 30-98 220 CORAL DR. GEORGE H. REID 19-Feb-99 03-Sep-98 19-Feb-99 JC/HM 01-Jul-98 248 CORAL DR. STANLEY D. KAMMERUDE 13-Apr-99 03-Sep-98 13-Apr-99 LM 02-Jul-98 216 CORAL DR. LLOYD & LORRAINE BROWN 19-Feb-99 03-Sep-98 19-Feb-99 JC/HM 4/15/991:54 PMREUSE-INSPECTIONS 3 CITY OF CAPE CANAVERAL WATER RECLAMATION PLANT REUSE PROGRAM / REUSE START UPS DATE LOCATION OWNER REUSE START-UP DATE BACKFLOW HOOK-UP DATE ANNUAL INSPECTION INSPECTOR INT. 26-Jun-98 303 LINDSEY COURT THOMAS EVANS 14-Apr-99 05-Sep-98 14-Apr-99 Im 14-May-98 304 LINDSEY COURT JOE&JANES FREEMAN 06-Apr-99 03-Oct-98 06-Apr-99 LM/HPM 21-Jun-98 305 LINDSEY COURT GREG HADALLER 02-Apr-99 11-Sep-98 02-Apr-99 JC 20-May-98 306 LINDSEY COURT DAVID REED 30-Mar-99 05-Sep-98 30 Mar-99 HPM 26-Jun-98 308 LINDSEY COURT MANUEL PORTER 30-Mar-99 05-Sep-98 30-Mar-99 HPM 26-Jun-98 309 LINDSEY COURT SLAVKO JURKOVIC 07-Apr-99 03-Oct-98 07-Apr-99 JC/HP 14-Jun-98 310 LINDSEY COURT ROBERT GREEN 30-Mar-99 05-Sep-98 30-Mar-99 HPM 26-Jun-98 311 LINDSEY COURT MICHAEL LORISA 02-Apr-99 05-Sep-98 02-Apr-99 LM/JC 20-Jun-98 312 LINDSEY COURT LONNIE APPLEGATE 31-Mar-99 05-Sep-98 31-Mar-99 LM 18-Jun-98 313 LINDSEY COURT JIM MEYER 31-Mar-99 16-Jan-99 31-Mar-99 LM 27-Jun-98 314 LINDSEY COURT LARRY HAAS 06-Mar-99 09-Jan-99 06-Mar-99 LM/HPM (illegible( 315 LINDSEY COURT BEVERLY CROCKETT 01-Apr-99 05-Sep-98 01-Apr-99 LM 16-May-98 317 LINDSEY COURT A.B. GORHAM 30-Mar-99 05-Sep-98 30-Mar-99 HPM 18-Jun-98 318 LINDSEY COURT STACY BURGETT 06-Mar-99 05-Sep-98 06-Mar-99 LM/HPM 12-Jun-98 7001 ATLANTIC AVE. WILLIAM CATAMBAY 07-Aug-98 28-Jul-98 07-Aug-99 JC/PP 12-Jun-98 7011 ATLANTIC AVE WILLIAM CATAMBAY 31-Jul-98 06-Aug-98 302 E. CENTRAL BLVD EDGAR D. KERSEY JR 08-Jan-99 11-Sep-98 08-Jan-99 JC/HM 10-Aug-98 200 CHERIE DOWN LANE JAMES GRANDEBOUHE 07-Aug-98 301 SURF DRIVE JAMES GORMAN 05-Mar-99 18-Jan-99 05-Mar-99 LM 08-Aug-98 372 HARBOR DRIVE MICHAEL RICE 29-Aug-98 09-Jul-98 249 HARBOR DRIVE ARTHUR T. BAKLEY 09-Mar-99 09-Jan-99 09-Mar-99 LM/HM 14-Aug-98 303 SURF DRIVE THOMAS GARBOSKI 02-Apr-99 19-Sep-98 02-Apr-99 JC 06-Aug-98 220 CIRCLE DRIVE ROGER&BDIANE SHATTUCK 08-Apr-99 19-Dec-98 08-Apr-99 LM/HPM 05-Aug-98 310 SURF DRIVE RICHARD GABLE 09-Jan-99 19-Sep-98 09-Jan-99 JC/HM 19-Aug-98 216 CIRCLE LISA M. DEMONIC 20-Mar-99 19-Aug-98 308 E. CENTRAL BLVD ROCKY RANDELS 09-Jan-99 09-Jan-99 08-Jan-99 JC/HM 4/13/99REUSE-INSPECTIONS 4 CITY OF CAPE CANAVERAL WATER RECLAMATION PLANT REUSE PROGRAM / REUSE START UPS DATE LOCATION OWNER REUSE START-UP-DATE BACKFLOW HOOK-UP DATE ANNUAL INSEPCTION INSPECTOR INT. 19-Aug-98 308 SURF DRIVE GUNTER H. TRESP 7-Jan-99 9-Jan-99 7-Jan-99 JC/Hm 19-Aug-98 245 CANAVERAL BEACH BLVD TERRY RITTERSTEIN 21-Jan-99 19-Dec-98 21-Jan-99 JC/HM 19-Aug-98 247 CANAVERAL BEACH BLVD TERRY RITTERSTEIN 21-Jan-99 19-Dec-98 21-Jan-99 JC/HM 19-Aug-98 249 CANAVERAL BEACH BLVD TERRY RITTERSTEIN 21-Jan-99 19-Dec-99 21-Jan-99 JC/HM 19-Aug-98 251 CANAVERAL BEACH BLVD TERRY RITTERSTEIN 21-Jan-98 19-Dec-99 21-Jan-99 JC/HM 26-Aug-98 314 SURF DRIVE JAMES HARTLEY 8-Jan-99 19-Sep-98 8-Jan-99 JC/hm 26-Aug-98 375 HARBOR DRIVE SUSAN&PHIL BARNES 18-Feb-99 9-Sep-98 18-Feb-99 JC/HM 21-Aug-98 7255 POINSETTA AVE MARYS WAREHOUSE 19-Dec-98 31-Aug-98 312 SURF DRIVE CLAYTON MATHER 7-Jan-99 19-Sep-98 7-Jan-99 JC/HM 01-Sep-98 392 HARBOR DRIVE RICHARD LEFFLER 18-Feb-99 9-Sep-98 18-Feb-99 JC/HM 01-Sep-98 256 CORAL DRIVE RICHARD THURM 26-Feb-99 23-Sep-99 26-Feb-99 JC 01-Sep-98 325 CORAL DRIVE RICHARD THURM 5-Mar-99 9-Sep-98 5-Mar-99 LM 01-Sep-98 250 CORAL DRIVE BENNETT BOUCHER 17-Feb-99 11-Sep-98 17-Feb-99 LM 09-Sep-98 316 SURF DRIVE CONSTANTINO ABLANEDO 8-Jan-99 19-Sep-98 8-Jan-99 JC/HM 09-Sep-98 8521 CANAVERAL BLVD CANAVERAL BREAKER 16-Mar-99 24-Feb-99 16-Mar-99 LM 10-Sep-98 316 LINDSEY COURT BILL&CATHY BARNES 2-Apr-99 5-Sep-98 2-Apr-99 JC 10-Sep-98 313 EAST CENTRAL DICK G. BENSON 5-Jan-99 1-Dec-98 5-Jan-99 JC/HM 14-Sep-98 319 HARBOR DRIVE DAVID J. ANTHONY 18-Feb-99 1-Dec-98 18-Feb-99 JC/LM 14-Sep-98 8507 CANAVERAL BLVD JULIA MEADOWS 11-Mar-99 19-Dec-98 11-Mar-99 JC 15-Sep-98 232 CIRCLE DRIVE ROBERT L. LAWS 9-Jan-99 9-Jan-99 19-Jan-99 JC/HM 09-Sep-98 370 CORAL DRIVE WILLIAM J. HILLS SR. 12-Mar-99 19-Dec-98 12-Mar-09 JC/BD 14-Sep-98 212 CIRCLE DRIVE DAVID D. MCGHRE 22-Mar-99 9-Jan-99 17-Mar-99 JC/HPM 17-Sep-98 204 CORAL DRIVE BARRY L. MCCOY 25-Feb-99 1-Dec-98 25-Feb-99 JC/HM 16-Sep-98 318 SURF DRIVE HENERY DINENNO 11-Jan-99 3-Oct-98 11-Jan-99 JC/HM 06-Oct-98 8505 CANAVERAL BLVD. WILLIAM/GLADYS STELGES 8-Jan-99 19-Dec-98 8-Jan-99 JC/HM REUSE-INSPECTIONS4/5/99 5 CITY OF CAPE CANAVERAL WATER RECLAMATION PLANT REUSE PROGRAM / REUSE START UPS DATE LOCATION OWNER REUSE START-UP DATE BACKFLOW HOOK-UP DATE ANNUAL INSPECTION INSPECTOR INT. 12-Oct-98 305 SURF DRIVE GERRY SCHMITZ 05 -Mar -99 16 -Jan -99 05 -Mar -99 LM 13-Oct-98 361 CORAL DRIVE CARL K WELTON 25 -Feb -99 01 -Dec -98 25 -Feb -99 LM 26-Oct-98 371 HARBOR DRIVE CHARLES SCHANUEL 18 -Mar -99 19 -Dec -98 18 -Mar -99 JC/LM 13-Nov-98 241 HARBOR DRIVE RUSSELL MARTIN 18 -Feb -99 18 -Jan -99 18 -Feb -99 JC/HM 13-Nov-98 379 HARBOR DRIVE AGNES LUCILLEMA 09 -Mar -99 08 -Jan -99 09 -Mar -99 LM/HM 13-Nov-98 173E. CENTRAL BLVD SHIRLEY LUSCHEN 06-Apr-99 19-Dec-98 06-Apr-99 LM/HPM 13-Nov-98 303E. CENTRAL BLVD THOMAS H. QUINN 09 -Jan -99 08 -Jan -99 09 -Jan -99 JC/HM 16-Nov-98 309E. CENTRAL BLVD WAYNE T.WASHBURN 31-Mar-99 19-Dec-98 31-Mar-99 JC 18 -Nov -98 395 HOLMAN RD VITO CAPUTO 18 -Nov -98 203/205 HOLMAN RD LINDA LANCASTER 18 -Nov -98 7200 POINSETTA AVE GEORGE SWEETMAN 16 -Jan -99 18 -Nov -98 405 HOLMAN RD BILLY YOUNG 30-Nov-98 235 CORAL DR NANCY&JIM DEEN 23 -Mar -99 09 -Jan -99 23-Mar-99 LM/HPM 01 -Dec -98 209 HOLMAN RD GAILBJOHN GATT 01-Dec-98 225 HOLMAN RD ROBERT SCABAROZI 01-Dec-98 321 HOLMAN RD WILLIAM WHITED 01-Dec-98 245 CHERIE DOWN LANE DAVID JENNINGS 02-Dec-98 375 HOLMAN RD. BARBARA SMITH 02-Dec-98 7605 RIDGEWOOD AVE. RIDGEWOOD CONDO 07-Dec-98 215 CORAL DR. MARC GARDNER 19-Feb-99 09-Jan-99 19-Feb-99 JC/HM 07 -Dec -98 404 JACKSON AVE. THOMAS A. ORKIE 10 -Dec-98 399 HOLMAN RD. CHARLES HARTLEY 10-Dec-98 205 HARBOR DR. O.E. DAVIS 18-Feb-99 09-Jan-99 18-Feb-99 JC/HM 10-Dec-98 307 E. CENTRAL BLVD. MARTHA SEYMOUR 19-Dec-98 19-Dec-98 07-Jan-99 JC/HM 10-Dec-98 221 HARBOR DR. A.W. HOPE 18-Feb-99 09-Jan-99 18-Feb-99 JC/HM 4/27/99REUSE -INSPECTIONS CITY OF CAPE CANAVERAL WATER RECLAMATION PLANT REUSE PROGRAM/ REUSE START UPS DATE LOCATION OWNER REUSE START-UP DATE BACKFLOW HOOK-UP DATE ANNUAL INSPECTION INSPEC OR INT. 26-Dec-98 346 CORAL DR. STEPHEN P. JOHNSON 24-Feb-99 09-Jan-99 24-Feb-99 JC/LM 23-Dec-98 230 HARBOR DR. ROBERT BARROW 18-Feb-99 09-Jan-99 18-Feb-99 JC/HM 23-Dec-98 400 HARBOR DR. PATRICK LEE 10-Mar-99 09-Jan-99 10-Mar-99 LM 23-Dec-98 245 HARBOR DR. JOHN KONDER 18-Feb-99 09-Jan-99 18-Feb-99 JC/HM 23-Dec-98 219 CORAL DR. DRIN K GOULDING 10-Mar-99 09-Jan-99 10-Mar-99 LM 28 -Dec -98 502,504,506,508,510,512,TYLER. BOUCHER INC. 28 -Dec -98 416 LINCOLN AVE. DOROTHY TREVERTON 28 -Dec -98 412 LINCOLN AVE. RICHARD TREVERTON 04-Jan-98 366 CORAL DR. JAMES BLIZZARD 02-Mar-99 26-Feb-99 02-Mar-99 LM/HM 09-Jan-99 8513 CANAVERAL BLVD. HAROLD W. SMITH 17-Mar-99 17-Mar-99 17-Mar-99 LM/HM 09-Jan-99 430 MADISON AVE. JAMES L. MARS 16-Jun-99 CAPES SHORES ASSOC., INC. 6701 N. ATLANTIC AVE. A1A 15-Dec-98 14-Oct-98 21-Jan-99 JC/LM 22-Jan-99 419 LINCOLN AVE. WALTER SCHONEFELD 22-Jan-99 8509 CANAVERAL BLVD. WAYNE SNYDER 11-Mar-99 11-Jan-99 11-Mar-99 JC 21-Jan-99 217 HARBOR DR. SALLY M. BURKE 26 -Feb -99 26 -Feb -99 26 -Feb -99 JC 25-Jan-99 8519 CANAVERAL BLVD. FLOYD A. PEEDE III 09-Mar-99 24-Mar-99 09-Mar-99 LM/HM 250 E. CENTRAL AVE. CARL FISCHER 24 -Feb -99 24 -Feb -99 24 -Feb -99 JC M 25-Jan-99 425 LINCOLN AVE. TIMOTHY J. MORIARTY 28-Jan-99 252 CENTRAL BLVD. JAMES P. RHINEHART 01-Mar-99 24-Feb-99 01-Mar-99 JC 02 -Feb -99 418 LINCOLN AVE. JACK&BEVELYN SPAULDING 28-Jan-99 354 CORAL DR. DAVID SARGEANT 05-Mar-99 24-Feb-99. 05-Mar-99 LM/HM 03-Feb-99 7603 POINSETTA AVE. CARL R. SWISHER 03-Feb-99 334 CORAL DR. CARL R. SWISHER 02-Mar-99 24-Feb-99 02-Mar-99 LM/HM 05-Feb-99 388 HARBOR DR. EDWARD/MARION DONAHUE 25 -Feb -99 24 -Feb -99 25 -Feb -99 JC 05-Feb-99 8807 RIDGEWOOD AVE. ED/ MARION DONAHUE 25-Feb-99 24-Feb-99 25-Feb-99 JC 08-Feb-99 8805 RIDGEWOOD AVE JUDY/JOHN RIDDER 18-Mar-99 24-Feb-99 18-Mar-99 LM/JC 10-Feb-99 390 HARBOR DR DENNIS D. SZAPOR 17-Mar-99 02-Feb-99 17-Mar-99 LM/HM 25-Feb-99 395 HARBOR DR. MALCOLM BRAND 24-Mar-99 27-Mar-99 24-Mar-99 LM 02-Feb-99 336 HARBOR DR. DONALD M. BOWMAN 22-Mar-99 16MAE99 22-Mar-99 JC/HPM 22-Feb-99 396 HARBOR DR. RAYMOND N. McGHEE 22-Apr-99 17-Mar-99 22-Apr-99 JC/LM 27-Jan-99 307 LINDSEY CT. PAT ADAMS 09-Apr-99 08-Apr-99 09-Apr-99 JC/HM 5/4/99REUSE-INSPECTIONS CITY OF CAPE CANAVERAL WATER RECLAMATION PLANT REUSE PROGRAM I REUSE START UPS DATE LOCATION OWNER REUSE STATE-UP DATE BACKFLOW HOOK-UP DATE ANNUAL INSPECTION INSPECTOR INT. 21-Feb-99 311 E. CENTRAL BLVD. DONALD/CAROLYN BLOCK 01-Apr-99 27-Mar-99 01-Apr-99 JC/LM 01-Mar-99 212 CORAL DR. EDNA M. DROSDICK 22-Mar-99 17-Mar-99 22-Mar-99 JC/HM 01-Mar-99 324 HARBOR DR. WILLIAM B. BOND 11-Mar-99 11-Mar-99 11-Mar-99 JC 02-Mar-99 357 CORAL DR. KAREN A. HAYES 07-Apr-99 27-Mar-99 07-Apr-99 JC/HM 04-Mar-99 218 HARBOR DR. DARRELL/ALICE FORTHMAN 02-Apr-99 02-Apr-99 02-Apr-99 JC 08-Mar-99 349 CORAL DR. HANS SAURENMANN 22-Apr-99 21-Apr-99 23-Apr-99 JC/LM 08-Mar-99 338 CORAL DR. NANCY H. LEWIS 19-Mar-99 01-Mar-99 19-Mar-99 LM/HPM 08-Mar-99 246 HARBOR DR. ERNEST F. SZAPOR 27-Apr-99 27-Mar-99 27-Apr-99 JC/HPM 09-Mar-99 342 CORAL DR. ABASTA A BAADJIEFF 23-Mar-99 01-Mar-99 23-Mar-99 LM/HPM 10-Mar-99 315 BUCHANAN AVE. SEA MOON CONDO 26-Apr-99 10-Mar-99 7081-7091 RIDGEWOOD AVE. CASA DEL MAR CONDO 10-Mar-99 312 E. CENTRAL BLVD. JAMES O. FISH 22-Apr-99 10-Apr-99 22-Apr-99 LM 11-Mar-99 8511 CANAVERAL BLVD. ANTHONY ROSE 06-Apr-99 27-Mar-99 06-Apr-99 LM/HPM 11-Mar-99 315 E. CENTRAL BLVD. DON/MARION LIPPERT 13-Apr-99 10-Apr-99 13-Apr-99 LM/HPM 15-Mar-99 233 HARBOR DR. JUDY A. COLLAN 03-Mar-99 16-Mar-99 **HOLD** 320 ADAMS AVE. DAVID/REBECCA BARTO 17-Mar-99 341 CORAL DR. GASPAR/SARA FERNANDEZ 18-Mar-99 320 HARBOR DR. HERMAN C. UDICK 19-Mar-99 255 CORAL DR. KEVIN/CARRIE COTTER 09-Apr-99 22-Mar-99 09-Apr-99 LM/HPM 24-Mar-99 326 CORAL DRIVE MICHEAL HAYHURST 29-Apr-99 21-Apr-99 29-Apr-99 LM 29-Mar-99 261 CORAL DRIVE RONALD FUNK 15-Apr-99 09-Apr-99 15-Apr-99 JC/HM 29-Mar-99 226 HARBOR DRIVE RUDOLPH FECIK 14-Apr-99 03-Apr-99 14-Apr-99 LM/HPM 29-Mar-99 108 E. CENTRAL BLVD HARSHAD PATEL 06-Apr-99 26-Mar-99 06-Apr-99 LM/HPM 29-Mar-99 310 E. CENTRAL BLVD L.G. SONNENBERG 26-Mar-99 228 CORAL DRIVE JOHN R. MCCANN 15-Apr-99 14-Apr-99 15-Apr-99 JC/HM 01-Apr-99 256 CANAVERAL BEACH BLVD SUSAN J. BOHN 05-Apr-99 6799 ATLANTIC AVE. S&S EXPRESS CAR RENT. 05-Apr-99 "HOLD" 210 JEFFERSON AVE. ROBERT E. HOGG 05-Apr-99 "HOLD" 204 JEFFERSON AVE. DAVIS M. LEWIS JR. "HOLD" NO REUSE IN AREA COLLECT ALL MONIES PAY BACK AT THE OF THE PROJECT PER ED! 5/5/99REUSE-INSPECTIONS CITY OF CAPE CANAVERAL WATER RECLAMATION PLANT REUSE PROGRAM / REUSE START UPS DATE LOCATION OWNER REUSE START- UP DATE BACKFLOW HOOK-UP DATE ANNUAL INSPECTION INSPECTOR INT. 05-Apr-99 337 CORAL DR. DR. WYATT WINTERS 05-Apr-99 "HOLD" 202 JEFFERSON AVE. JAMILLE/NANCY HADDAD 05-Apr-99 333 CORAL DR. JAMES/BETTIE SNOW 29-Apr-99 4/29/99 LM 07-Apr-99 394 HARBOR DR. REG/JUDI OSWALD 14-Apr-99 352 HARBOR DR. THOMAS ROSENBERRY 27-Apr-99 26-Apr-99 27-Apr-99 JC/HPM 14-Apr-99 299 EAST CENTRAL EBB TIDE CONDOMINIUM 14-Apr-99 8711 N. ATLANTIC AVE. FIRST BABTIST CHURCH 23-Apr-99 14 -Apr -99 6315 N. ATLANTIC AVE. (HOME) JEAN JONES PORTER 14-Apr-99 6315 ATLANTIC AVE. OFFICE JEAN JONES PORTER 14-Apr-99 6395 N. ATLANTIC AVE. JEAN JONES PORTER 14-Apr-99. "HOLD " 334 HOLMAN RD. RONALD BRIGHT 14-Apr-99 8910 COQUINA LANE JEFFREY KELLUM 22-Apr-99 21-Apr-99 22-Apr-99 JC/LM 14-Apr-99 214 E. LONGPOINT RD GEORGE P. CLARK 14 -Apr -99 " HOLD " 327,329 PIERCE AVE JOSEPH W. TORARCIK 15-Apr-99 VILLAGE OF SEAPORT N. ATL. DOWNS CORP. 15-Apr-99 215 CIRCLE DR. BARBIZON CONDO. 15-Apr-99 317 CORAL DR, MARY H. WALLER 15-Apr-99 8808 SEASHELL LN. BABETTE R. HENKLE 23-Apr-99 20-Apr-99 421 LINCOLN AVE. AL VICIDOMINI 22-Apr-99 8543 ROSALIND AVE. WARREN NEIL 26-Apr-99 22 -Apr -99 8541 ROSALIND AVE. WARREN NEIL 26-Apr-99 22-Apr-99 306 E. CENTRAL AVE JOEL TODD HAYS 26-Apr-99 22-Apr-99 207 CHANDLER ST. OCEANSIDE VILLAGE 22-Apr-99 250 HARBOR DR. LEO C. NICHOLAS 27-Apr-99 26-Apr-99 27-Apr-99 JC/HPM 28-Apr-99 "HOLD" 625 ADAMS AVE. STEVE RONEY 28-Apr-99 "HOLD" 420 HARRISON AVE. NANCY/JOHN COTTERMAN 28 -Apr -99 411 JACKSON AVE. BOUCHER , INC. 28-Apr-99. 8539 ROSAUND AVE. GEORGE J. BROWN 28-Apr-99 413 JACKSON AVE. BRIGITTE GIBBS 30-Apr-99 400/402 JACKSON AVE, STEVEN YATES 30-Apr-99 215 LONG POINT RD. THOMAS Y. HOPKINS 30-Apr-99 421 JACKSON AVE. DEANNA LEE 03-May-99 223 HARISON AVE JACK NOLAN 03-May-99 210 LONG POINT RD. MICHELLE M. LEHR 5/5/99REUSE-INSPECTONS CITY OF CAPE CANAVERAL WATER RECLAMATION PLANT REUSE PROGRAM / REUSE START UPS DATE LOCATION OWNER REUSE INSTAL.. DATE BACKFLOW HOOK-UP DATE ANNUAL INSPECTION INSPECTOR INT. 04-May-99 208 LONG POINT RD. JOE KNIGHT 05-May-99 7800 ASTRONAUT BLVD. FIRST UNION NAT. BANK 07-May-99 — HOLD -208 TYLER AVE. WILLIAM FLACK 10-May-99 364 HARBOR DR. EVELYN A. SENSENBACH 11-May-99 7301 RIDGEWOOD AVE. CASTAWAY VILLAS CONDO 11-May-99 419 JACKSON AVE. SALLY G. STEVENER 11-May-99 416 JACKSON AVE. LEONARD B. MILLER ***HOLD*** 5/11/99REUSE-INSPECTIONS WATER MANAGEMENT DISTRICT Henry Dean, Executive Director John R. Wehle, Assistant Executive Director POST OFFICE 1429 PALATKA, FLORIDA 32178-1429 TELEPHONE 904-329-4500 SUNCOM 904-860-4500 TDD 904-329-4450 TDD SUNCOM 860-4450 FAX (Executive) 329-4125 (Legal) 329-4485 (Permitting) 329-4315 (Administration/Finance) 329-4508 SERVICE CENTERS 618 E. South Street Orlando, Florida 32801 407-897-4300 TDD 407-897-5960 7775 Baymeadows Way Suite 102 Jacksonville, Florida 32256 PERMITTING: 305 East Drive Melbourne, Florida 32904 407-964-4940 TDD 407-722-5368 OPERATIONS: 2133 N. Wickham Road Melbourne, Florida 32935-8109 407-752-3100 TDD 407-752-3102 RECEIVED MAY 4 1999 April 27, 1999 Mr. Ed Gardulski Public Works Director City of Cape Canaveral P.O. Box 326 Cape Canaveral Re: Alternative Water Supply Construction Cost Sharing contract numbers 981-1259 and 98H260 Dear Mr. Gardulski: This is a courtesy letter to remind you that your Alternative Water Supply Construction Cost Sharing contracts, numbers 981-1259 and 981-1260, will expire on June 9, 1999. In consideration of the difficulties which you have had with your contractor on the previous project phase, I presume it will not be possible for you to complete the proposed later phases on time and, therefore, some change must be made in the contract. Please advise me of whether you intend to go ahead with the work specified in contracts 98H259 and 98H260. If you plan to proceed with this work, please submit to me as soon as possible a request to amend the expiration dates to allow adequate time to complete the projects. If you decide to abandon these projects, I will closeout your contracts and offer the money to another party. Sincerely (Signature) Donald Brandes, Ph.D. Water Conservation Program Manager DB Dan Roach, CHAIRMAN Duane Ottenstroer, TREASURER Otis Mason, SECRETARY William Kerr FERNANDINA BEACH SWITZERLAND ST. AUGUSTINE MELBOURNE BEACH Jeff K. Jennings William M. Segal Ometrias D. Long Clay Albright Reib Hughes MAITLAND MAITLAND APOPKA EAST LAKE WEIR DAYTONA BEACH