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Home My WebLink AboutAgenda Packet 06-01-1999City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 1, 1999 7:00 P.M. AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Spring/Summer Beautification Awards Residential Van Le Thi-Tuyet 617 Manatee Bay Drive Multi -Family Ocean Hideaway 408 Harrison Avenue Commercial Radisson Resort & Conference Center Astronaut Boulevard CONSIDERATIONS: 1. Motion to Approve: Regular City Council Meeting Minutes, February 2, 1999 2. Motion to Approve: Proposal from Planning Solutions, Inc. to reformat the City's Land Development Code to a new community design standard format. 3. Motion to Approve: Settlement of Federal Beach Erosion Lawsuit 4. Motion to Approve: National Highway System Intermodal Facility Connection Route Recommendation. 5. Motion to Approve: Recommendation of Transportation Improvement Programs to the Brevard Metropolitan Planning Organization. Resolutions: 6. Motion to Adopt. Resolution No. 99-11, Re -appointing members to the Commercial Development Board (Regular Members: Leonard Folcarelli and Jovan Barzelatto; First Alternate Craig Smith) 105 Polk Avenue • Post Office Bos 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 • http://fcn.state.f.us/cape/ City of Cape Canaveral Regular Meeting Agenda June 1, 1999 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE. ORDINANCE DISCUSSION: 7. Motion to Approve: Ordinance No. 04-99, C-2 District AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, (adding to the code) ARTICLE VII, DISTRICTS, (adding to the code) BY THE ADOPTION OF A NEW ZONING DISTRICT WITHIN THE CITY UNDER A NEW DIVISION 8, CC=2 COMMERCIAL/MANUFACTURING DISTRICT,(adding to the code) SETTING FORTH PRINCIPAL USES AND STRUCTURES; USES BY SPECIAL EXCEPTION; PROHIBITED USES; AREA DIMENSIONS; SETBACKS; AND OTHER PERFORMANCE STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES: FIRST READING: 8. Motion to Approve: Ordinance No. 06-99, Amendments and Rezonings for second reading. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, DIVISION 4, AMENDMENTS AND REZONINGS, BY AMENDING SECTION 110-137, PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. 9. Motion to Approve: Ordinance No. 07-99, Local Planning Agency for second reading. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 58, ARTICLE III, LOCAL PLANNING AGENCY, BY AMENDING SECTION 58-56, DESIGNATION AND ESTABLISHMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE DISCUSSION: 10. Sister City Activity REPORTS: 10. City Manager's Report City of Cape Canaveral Regular Meeting Agenda June 1, 1999 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. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 2, 1999 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Richard Treverton Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Members Absent Tony Hernandez Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims City Treasurer, Andrea Bowers CONSIDERATIONS: Public Works Director, Edward Gardulski Building Official, Dennis Franklin Code Enforcement Officer, Greg Mullins Planning & Zoning Technician, Steve Bapp <Tape 1,123> A motion was made by Mr. Petsos and seconded by Mr. Treverton to approve the Countywide Emergency Services Mutual Assistance Agreement. Fire Chief, David Sargeant explained that there is already countywide mutual aid, this agreement simply makes it formal. The countywide agreement also does not conflict with the statewide mutual agreement. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. RESOLUTIONS: 2. <Tape 1, 352> Mayor Randels read Resolution No. 99- 02 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, SUPPORTING DEEP -WELL INJECTION OF POTABLE WATER BY-PRODUCT. City of Cape Canaveral Regular City Council Minutes February 2, 1999 Page 2 Mayor Randels explained that the City of Melbourne requested members of the Space Coast League of Cities to support their efforts by sending a resolution to the St. Johns River Water Management District. The resolution supports their objective to employ deep -water injection of treated wastewater. Council Member, Burt Bruns queried, why would we support this? Public Works Director, Ed Gardulski made a presentation of the impact deep -well injection has on the aquifer. He demonstrated that deep -well injection could in some circumstances promote salt intrusion into the aquifer. Mayor Pro Tem Petsos related that the resolution is being presented as a courtesy to the City of Melbourne for their efforts to make their discharge more environmentally safe. Further, as a lobbying member of the Space Coast League of Cities, we are not required to delve into the technical methods. The resolution was approved 3-1 with voting as follows: The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mr. Treverton, Against; Mayor Pro Tem Petsos, For; and Mayor Randels, For. DISCUSSION: 3. Tape 1, 953> Sign Ordinance Mayor Randels explained that this sign ordinance is the original proposed by the previous building official for the purpose of clarifying and defining elements that have caused confusion. This ordinance does not address sign size; a separate ordinance will incorporate those related issues. Council concurred that this ordinance will help staff while waiting for size and height change considerations. Mr. Bill Mays, Call One, representing the 237 person Cape Canaveral Business Committee related that a consensus of 18 conversations were in favor of the ordinance and new definitions. He related that there were questions remaining on animated flashing signs and electronic message boards. He stated that the respondents liked the Collier County ordinance. Council concurred that the City Attorney should clarify the animated flashing sign portion and the multi -tenant definition for future review. 4. <Tape 2,2661> C-2 Zoning District Lamar Russell, Planning and Zoning Board Member explained that the C-2 district allows existing business owners to continue and provides for additional commercial uses. Mr. Russell stated that a more generous business environment should be City of Cape Canaveral Regular City Council Minutes February 2, 1999 Page 3 developed. He further suggested that the City administratively rezone the proposed area rather than having each property make the request because it could create spot zoning. Mr. Bruns queried, if the City rezones the proposed district, does it preclude an owner coming to the City for uses currently allowed? City Attorney, Kohn Bennett responded that: • C-1 uses that will not carry forward into C-2 are hotels and motels; and commercial recreation facilities. • Current M-1 uses that will not carry forward into C-2 are warehouses; paint and body shops; vehicle repair shops; and adult entertainment. Mr. Bennett advised that adult entertainment should be included in C-2 because it is in the Comprehensive Plan. 5. <Tape 2, 1000> Tentative Agreement with the Canaveral Port Authority for Reclaimed Water. Council concurred to place the Tentative Agreement on the next agenda for approval. REPORTS: 6. <Tape 2,1555> City Manager — Bennett Boucher • Mr. Boucher reported that the Florida Department of Transportation is working with staff to prepare a beautification plan for A1A. Steve Bapp, Planning and Zoning Technician is doing the GIS work. • Mr. Boucher reported that staff has submitted evaluations of the City Engineers, Stottler Starner & Associates performance for the past year and will be distributed. • Mr. Boucher reported that the City will conduct Human Resources seminars during April and May through the Institute of Government. AUDIENCE TO BE HEARD: None. REPORTS CONTINUED: City Clerk — Sandra Sims No report. City Attorney — Kohn Bennett No report. City of Cape Canaveral Regular City Council Minutes February 2, 1999 Page 4 Council Member — Richard Treverton • Mr. Treverton reported that two oceanfront properties are for sale that could be ideal parks for the City to pursue P2000 grants. The property north of Cherie Down Park is currently under contract for $849,000 and the Buchanan/Pierce property is set at $2.4 million. Council Member — Burt Bruns No report. Mayor Pro Tem — Buzz Petsos • Mr. Petsos reminded Council of the Monday night Space Coast League of Cities meeting in Rockledge. Mayor — Rocky Randels • Mayor Randels reminded Council that there are no grants in the works now. • Mayor Randels reported that the USS Porter will be commissioned at Port Canaveral on March 20, 1999. • Mayor Randels reminded Council that the next volunteer project is scheduled for February 20, 1999 in front of the former Rich's Restaurant. • Mayor Randels reported that Community Policing will target June to eliminate vagrants from the City. There being no further business, the meeting adjourned at 9:40 p.m. Rocky Randels, MAYOR Sandra Rozar Sims, CITY CLERK Meeting Type: Regular Meeting Date: 06-01-99 AGENDA Heading Considerations Item No. 2 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PROPOSAL ON COMMUNITY DESIGN STANDARDS DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council review and consider the proposal from Planning Solutions, Inc. in the amount of $18,500 plus expenses to reformat the city land development code to a new community design standards format. Summary Explanation & Background: City Council had requested that staff obtain a proposal for formatting our land development code to this new community design standard format. The base fee is $18,500 for the (5) tasks outlined in the proposal. There would be an additional change to attend the P&Z Board meetings that could increase the cost of this service by an additional $5,000 or more depending on how many meetings we need to have with P&Z. The time frame for completion is 4-6 months; an example of the work product is attached. Funding could be appropriated from the general fund contingency. Please advise. Exhibits Attached: Proposal City Manager's Office (Signature) Department LEGISLATIVE g:/admin/council/meeting/1999/06-01-99/design.doc City of Cape Canaveral May 18, 1999 Mr. Tim Hancock, AICP Planning Solutions, Inc. 5100 Tamiami Trail North Suite 15A Naples, FL 34103 ity of Cape Canaveral RE: REQUEST FOR PROPOSAL — COMMUNITY DESIGN STANDARDS Dear Mr. Hancock: The City of Cape Canaveral is seeking a proposal from your firm to reformat the city land development code to the new community design standard format your firm talked about at the town meeting this past April. Your proposal should include the following: • An outline of each task • Projected man hours for each task • Project schedule • Cost for meetings with planning board and city council • Cost for at least (2) town meetings to discuss new code I am confident that your firm will provide a competitive proposal that will help the city in implementing a cohesive and user friendly design standard. Sincerely, (Signature) Bennett C. Boucher City Manager BCB:kmm Encs. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ FROM : Planning Solutions Inc FAX NO. : 941 263 5096 May. 26 1999 02:52PM I1 PSI PLANNING SOLUTIONS INC. MAY 26. 1999 PRELIMINARY SCOPE OF SERVICES FAXED FOR EXPEDIENCY MR. BENNETT BOUCHER CITY MANAGER CITY OF CAPE CANAVERAL 105 POI.K AVENUE P.O. Box 326 CAPE CANAVERAL, FL 32920-0326 RE: CITY OF CAPE CANAVERAL RFP TO REFORMAT THE CITY LAND DEVELOPMENT CODE TO A NEW COMMUNITY DESIGN STANDARDS FORMAT. DEAR MR. BOUCHER: THANK YOU FOR THE OPPORTUNITY TO PROVIDE YOU AND THE CITY OF CAPE CANAVERAL WITH A PROPOSAL FOR PROFESSIONAL SERVICES. ATTACI IED TO THIS COVER LETTER IS A TASK SPECIFIC PROPOSAL TO PROVIDE YOU WITH THF PROFESSIONAL PLANNING AND ARCHITECTURE -RELATED SERVICES YOU REQUESTED IN YOUR RFP. THIS PROPOSAL COVERS THE AREAS Of REFORMATTING YOUR EXISTING LAND DEVELOPMENT CODE INTO A COMMUNITY DESIGN FORMAT THAT MR. MCHARRIS AND I HAVE CREATED IN OTHER COMMUNITIES. IN ADDITION, THROUGH WORKING WITH YOUR STAFF. ELECTED OFFICIALS AND CITIZENS, MINOR MODIFICATIONS AND CLARIFICATIONS THROUGH ADDITIONAL TEXT AND INCREASED GRAPHICS ARE ANTICIPATED. MY EXPERTISE IN THE AREA OF PLANNING COUPLED WITH MY EXPERIENCE AS AN ELECTED OFFICIAL IN COLLIER COUNTY WILL ASSIST GREAT(.Y IN FACILITATING THE COMMUNITY OUTREACH NECESSARY TO SUCCESSFULLY COMPI-FTF THIS PROJECT. MR. MCHARRIS' BACKGROUND AS A PLANNER AND AN ARCHITECT WILL ROUND OUT OUR TEAMS' APPROACH TO YOUR PROJECT THROUGH EXPERTISE IN THE CREATION OF COMMERCIAL AND DESIGN GUIDELINES FOR RESIDENTIAL AND COMMERCIAL AREAS. BY COMBINING OUR TALENTS, I BELIEVE WE CAN OFFER THE CITY OF CAPE CANAVERAL AN UNPARALLELED LEVEL OF SERVICE AT A MORE THAN COMPETITIVE FEE. ADDITIONAL EXPERTS IN THE AREAS OF PLANNING AND CODE CREATION MAY BE DRAWN IN AS NEEDED AND ARE INCLUDED IN OUR ATTACHED FEE PROPOSAL. I AM EXCITED AT THE PROSPECT OF WORKING WITH YOU TO ENHANCE THE UNIOUE QUALITIES OF THE CITY OF CAPE CANAVERAL, AND WILL BRING THE FULL BREADTH OF EXPERIENCE OF OUR TEAM TO THF TABLE TO PROVIDE THE SERVICE AND EXPERTISE NECESSARY TO COMPLETE THIS VITAL COMMUNITY PROJECT. SINCERELY. (Signature) TIM HANCOCK, AICP PRESIDENT. PLANNING SOLUTIONS INC. 5100 Tamiami Trail l North Suite 158 Naples, Florida 34103 Ph: (941) 403-0223 • Fax: (941) 263-5096 FROM : PIanning Solutions Inc FAX NO. : 941 263 5096 May. 26 1999 02:52PM P2 PSI PLANNING SOLUTIONS INC. PRELIMINARY SCOPE OF SERVICES MCHARRIS HANCOCK (MH) IS PLEASED TO PRESENT THE FOLLOWING PROPOSAL FOR REFORMATTING OF THE CITY OF CAPE CANAVERAL'S LAND DEVELOPMENT CODE INTO A MORE USER-FRIENDLY DOCUMENT WITH APPROPRIATE GRAPHICS AND ADDITIONAI„ TEXT TO SUPPORT DESIGN STANDARDS IN THE COMMUNITY. THE PROPOSED TIMEFRAME FOR THE PROJECT WILL BE FOUR TO SIX MONTHS BASED ON THE TASKS IDENTIFIED IN THIS PROPOSAL. TASK 1 : REVIEW OF EXISTING LAND DEVELOPMENT CODE AND COMMERCIAL DEVELOPMENT BOARD. • CITY TO PROVIDE THESE DOCUMENTS AS WELL AS ADDITIONAL PERTINENT DOCUMENTS IN A DIGITAL FORMAT (WORD FOR WINDOWS PREFERRED.) • MH WILL BECOME FAMILIAR WITH THE DOCUMENTS AND PROVIDE INPUT TO CITY FOR CONSIDERATION. PRODUCT: MH WILL PROVIDE A WRITTEN ASSESSMENT OF THE STRENGTHS OF THE DOCUMENTS AS WELL AS AREAS THAT NEED REFINEMENT (1 O TO 20 HOURS TO COMPLETE.) TASK 2: DEFINE STRATEGIES FOR REFORMAT. • BASED ON REVIEW OF DOCUMENTS AND INPUT FROM CITY RELATIVE TO WRITTEN ASSESSMENT PROVIDED IN TASK 1, AN OUTLINE FOR THE NEW CODE WILL BE DEVELOPED. • OUTLINE WILL BE PROVIDED TO CITY MANAGER FOR COMMENT AND INPUT. • MH WILL INCORPORATE CITY COMMENTS INTO THE DRAFT OUTLINE. • MH WILL PROVIDE A FINAL OUTLINE FOR APPROVAL BY THE CITY, PRODUCT: FORMAT OUTLINE FOR NEW CODE WITH APPROVAL BY THE CITY (1 5 TO 30 HOURS TO COMPLETE.) TASK 3: DEVELOPMENT OF NEW DOCUMENT • TEXTUAL REFORMATTING OF THE DOCUMENT TO BE PERFORMED IN ACCORDANCE WITH THE APPROVED OUTLINE CREATED IN TASK 2. • DRAFT DOCUMENT PROVIDED TO CITY STAFF FOR REVIEW AND COMMENT. • COMMENTS FROM CITYTO BE INCORPORATED. • DRAFT TEXT DOCUMENT PROVIDED FOR SIGN OFF BY CITY. PRODUCT: COMPLETED DRAFT DOCUMENT -TEXT (60 TO 75 HOURS TO COMPLETE.) TASK 4: DOCUMENT ILLUSTARTIONS • ILLUSTRATIONS TO ACCOMPANY AND CLARIFY THE DRAFT DOCUMENT WILL BE PROVIDED. • UP TO 10 ILLUSTRATIONS WILL BE PROVIDED FOR REVIEW AND COMMENT OF STAFF. • RECOMMENDATIONS WILL BE INCORPORATED INTO THE ILLUSTRATIONS. • APPROVED ILLUSTRATIONS WILL BE INCORPORATED INTO DRAFT DOCUMENT. PRODUCT: DRAFT DOCUMENT WITH ILLUS'TRATiONS (60 To 75 HOURS TO COMPLETE.) TASK 5- SUBMITTAL OF FINAL DOCUMENT • MH WILL PROVIDE THE CITY OF CAPE CANAVERAL WITH A DIGITAL COPY OF THE NEW CODE READY FOR PRINTING. IF DESIRED. A PROPOSAL TO PROVIDE PRINTING SERVICES CAN BE PROVIDED. PRODUCT: FINAL, "HARD-COPY" AND DIGITAL COPY ON NEW CODE PROVIDED TO THE CITY OF CAPE CANAVERAL (5 TO 10 HOURS TO COMPLETE.) FROM : Planning Solutions Inc FAX NO. : 941 263 5096 May. 26 1999 02:53PM P3 PSI PLANNING SOLUTIONS INC.. ADDITIONAL SERVICES INCLUDED IN THIS FEE PROPOSAL: TOWN HALL MEETINGS. • 2 TOWN HALL MEETINGS ARE INCLUDED IN THE COST OF THIS PROPOSAL. EXCLUSIVE OF TRAVEL LODGING AND MEALS. • IT IS RECOMMENDED THAT THE FIRST TOWN HALL MEETING BE SCHEDULED PRIOR TO THE COMPLETION OF TASK 2 AND THE SECOND SCHEDULED PRIOR TO THE COMPLETION OF TASK 5. THE ACTUAL SCHEDULING WILL BE AT THE DISCRETION OF THE CITY OF CAPE CANAVERAL. INCORPORATION OF INPUT FROM LEGAL STAFF. • LEGAL REVIEW OF THE DOCUMENT IS THF RESPONSIBILITY OF THE LEGAL STAFF OF THE CITY OF CAPE CANAVERAL. • PRIOR TO CREATION OF FINAL DOCUMENT. INPUT FROM LEGAL STAFF WILL BE SOLICITED AND INCORPORATED. ADDITIONAL SERVICES NOT INCLUDED IN THIS FEE PROPOSAL: MEETINGS WITH PLANNING BOARD AND CITY COUNCIL. • MH WILL MEET WITH THE CITY OF CAPE CANAVERAL PLANNING BOARD AND/OR CITY COUNCIL AS NEEDED OR DESIRED BY THE CITY. • EACH MEETING WILL. BE BILLED AS EITHER A HALF-DAY OR FULL DAY AT THE RATES INDICATED IN THE FEE SECTION BELOW, DEPENDING ON THE DURATION OF THE MEETING(S). • ALL MEETINGS IN CAPE CANAVERAL WILL BE SUBJECT TO TRAVEL REIMBURSEMENT IN ACCORDANCE WITH THE REIMBURSABLE SECTION LISTED DELOW. FEES AND REIMBURSABLE EXPENSES FEES TASKS ONE THROUGH FIVE $18,500 TOWN HALL MEETINGS NO CHARGE INCORPORATE INPUT FROM CITY LEGAL STAFF NO CHARGE MEETINGS WITH PLANNING BOARD AND CITY COUNCIL SEE BELOW THE TOTAL LUMP SUM FEE OF $18.500 WILL BE BILLED ACCORDING TO OVERALL PROJECT COMPLETION PERCENTAGES AND WILL BE BILLED MONTHLY. PAST DUE ACCOUNTS OF MORE THAN 30 DAYS WILL BE SUBJECT TO A 5% ADDITIONAL FEE PER MONTH. A RETAINER IN THE AMOUNT OF 10% ($1.850) WILL BE REQUIRED IN ADDITION TO A SIGNED CONTRACT IN ORDER TO AUTHORIZE WORK CONTAINED IN THIS PROPOSAL. ADDITIONAL SERVICES: ALL AUTHORIZED ADDITIONAL SERVICES WILL BE INVOICED BASED ON THE FOLLOWING HOURLY RATES OF THE INDIVIDUALS PERFORMING THE WORK. STANDARD RATES ARE LISTED BELOW. TIM HANCOCK, AICP $95.00/HOUR JOSEPH M. MCHARRIS $95.00/HOUR FROM : Planning Solutions Inc FAX NO. : 941 263 5096 May. 26 1999 02:53PM 04 PSI PLANNINC SOLUTIONS INC. ADMINISTRATIVE/CLERICAL $40.00/HOUR DAY RATE FOR MCHARRIS HANCOCK $800.00/HALF DAY (BOTH IN ATTENDANCE. NOT INCL. TRAVra,) $ 1 ,200.00/FULL DAY REIMBURSABLE EXPENSES REIMBURSABLE EXPENSES ARE IN ADDITION TO MCHARRIS HANCOCK'S FEE AND WILL BE BILLED AT 1 .1O TIMES THE COST TO MCHARRIS HANCOCK. MH WILL BE REIMBURSED FOR OUT-OF-POCKET EXPENSES INCURRED IN CONNECTION WITH THE PROJECT SUCH AS TRAVEL. LONG DISTANCE TELEPHONE CHARGES, MEALS, LODGING, ETC. MILEAGE WILL BE BILLED AT $0.35 PER MILE. PRESENTATIONS SCHEDULED PRIOR TO 12:00 P.M, OR CONTINUED PAST 5:00 P.M. WILL BY SUBJECT TO LODGING REIMBURSEMENT DUE TO THE NECESSARY TRAVEL TIME. EXECUTION CONTRACT FOR PROFESSIONAL SERVICES BY SIGNATURE OF AN AUTHORIZED REPRESENTATIVE OF THE CITY OF CAPE CANAVERAL BELOW, THE CITY OF CAPE CANAVERAL (CLIENT) AGREES TO ALL TERMS AND CONDITIONS CONTAINED WITHIN THIS CONTRACT. MCHARRIS HANCOCK REPRESENTS THE COLLABORATION BETWEEN TIM HANCOCK, AICP AND JOSEPH M. MCHARRIS. ALL BUSINESS TRANSACTIONS, BILLINGS AND CORRESPONDENCE RELATIVE TO THIS PROJECT ARE TO GO TO THE ATTENTION OF TIM HANCOCK, PRESIDENT. PLANNING SOLUTIONS, INC. PLANNING SOLUTIONS. INC. WILL. BE THE BUSINESS ENTITY TO WHICH ALL FEES ARE PAID. MCHARRIS HANCOCK REPRESENTS THE RIGHT TO SUBMIT WORK DONE ON THIS PROJECT FOR PLANNING AND ARCHITECTURAL. DESIGN AWARDS AND FOR GENERAL PUBLIC RELATIONS PURPOSES. IF YOU ARE IN AGREEMENT WITH THE CONTENT OF THIS LETTER PROPOSAL, PLEASE SIGN AND RETURN THE ENCLOSED COPY AS IT SHALL, CONSTITUTE OUR BINDING AGREEMENT. ONE SIGNED COPY AND THE REQUIRED RETAINER WILL TRIGGER THE ELEMENTS OF THIS PROPOSAL AND WORK CAN BEGIN IMMEDIATELY. I AM AVAILABLE TO DISCUSS ANY QUESTIONS YOU MAY HAVE. SHOULD YOU WISH TO DISCUSS MODIFICATIONS TO THIS CONTRACT, PLEASE CONTACT ME AT THE LETTERHEAD ADDRESS AND TELEPHONE NUMBER, MR. MCHARRIS AND I LOOK FORWARD TO HAVING THE OPPORTUNITY TO WORK WITH YOU AND THE CITIZENS OF CAPE CANAVERAL IN THIS MUTUALLY BENEFICIAL COMMUNITY PROJECT. AUTHORIZED SIGNATURE DATE NAME TITLE FROM : Planning Solutions Inc FAX NO. : 941 263 5096 May. 03 1999 03:00PM 01 PSI PLANNING. SOLUTIONS INC. PLANNING SOLUTIONS INC. FACSIMILE TRANSMITTAL SHEETS TO. FROM: Bennett Boucher, City Manager Tim Hancock, AICP COMPANY: DATE: City of Cape Canaveral 05/03/99 FAX NUMBER: TOTAL . NO. OF PAGES INCCLUDING COVER 407-799-3170 7 PHONE NUMBER: SENDER'S REFERENCE NUMBER: 407-868-1230 941-403-0223 RE: ATTACHMENTS YOUR REFERENCE NUMBER: O URGENT X FOR REVIEW O PLEASE COMMENT O PLEASE REPLY O PLEASE RECYCLE NOTES/COMMENTS: Dear Bennett, Attached are examples of codes and exhibits from existing and proposed documents. The first four pates are excerpts from the Collier County Land Development Code Section that resulted in the American Planning Association "Award of Excellence." The last two ] examples are Neighborhood Village design examples that are currently being considered for adoption. I believe these are good examples of what Joe and I could accomplish for the City of Cape Canaveral. Please call me with any questions you might have. Tim Hancock, AICP 5100 TAMIAMI TRAIL NORTH SUITE 158 NAPLES, FL. 34103 PHONE: 941-403-0223 FAX: 941-263-5096 E-MAIL: TIMHANCOCK@NETSCAPE.NET FPOM : Planning Solutions Inc FAX NO. : 941 263 5096 May. 03 1999 03:01PM P2 ZONING f 2.8.3.5.1 2-8-3.5. Building design. 2.8.3.5.1. Purpose and intent. To maintain and enhance the attractiveness of the streetscape and the dating architectural design of Me community. Buildings shall have architectural features and patterns that provide visual interest from the perspective of the pedestrian; reduce massing aesthetic; recognize local character, and be site responsive.Facades shall be designed to reduce the mass/scale and uniform monolithic appearance of large unadorned walls, while providing visual interest that will be consistent with the community's identity and character through the use of detail and scale. Articulation is accomplished by varying the building's mass in height and width so that it appears to be divided into distinct massing elements and details that can be perceived at the scale of the pedestrian (see Illustration 7 below). Corner lots at an intersection of two or more arterial or collector roads shall be designed with additional architectural embellishments, such as corner towers, or other such design features, to emphasize their location as gateways and transition points within the community. ELEVATION -------- MIS. PLAN Do This -------------- MIS. ELEVATION ------------------- MIS. PLAN Not This ------------- MIS. illustration 7 Supp. No. 5 LDC2:273 FROM : Planning Solutions Inc FAX NO. : 941 263 5096 May. 03 1999 03:01PM P3 ZONING # 2.8.8.5.10.3 2.8.3.5.10.2. Roof edge and parapet treatment. At a minimum of two location, the roof edge and/or parapet shall have a vertical change from the dominant roof condition; a minimum of three feet. At least one such change shall be located on a primary facade adjacent to a collector or arterial right -of --way (see Illustration 14 below). 31 0 Minimum Roof Change Roof Change # 1 Roof Change # 2 DO THIS NOT THIS NO ROOF CHANGE Illustration 14 2.8.8.5.14.8. Roofs shall meet at least two of the following requirements: (1) Parapets shall be used to conceal roof top equipment and flat roofs; (2) Where overhanging eaves are used, overhangs shall be no less than three feet beyond the supporting walls with a minimum facts of eight inches; Supp. No. 5 LDC2:281 FROM : Planning Solutions Inc FAX NO. : 941 263 5096 May. 03 1999 03:02PM P4 $ 2.8.3.5.10.3 COLLIER COUNTY LAND DEVELOPMENT CODE (8) Three or more roof slope planes per Primary facade {see Illustration 15 Below); MULTI-PLANE ROOF DO THIS SINGLE PLANE ROOF NOT THIS Illustration 15 (4) Sloping roofs, which do not exceed the average height of the supporting walls, with an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run and less than or an average slope equal to one foot of vertical rise for every one foot of horiziontal run; (5) Three-dimensional cornice treatment which shall be a minimum of 12 inches in height with a minimum of three reliefs; or (6) Additional vertical roof changes with a minimum change in elevation of two feet. 2.8.3.5.10.4. Prohibited roof types and materials. The following types of materials are prohibited: (1) Asphalt shingles, except laminated, 320 pound, 30 year architectural grade asphalt shingles or better; Supp• No. 6 LDC2:282 FROM : Planning Solutions Inc FAX NO. : 941 263 5096 May. 03 1999 03:02PM P5 $ 2.8.3.5.2 COLLIER COUNTY LAND DEVELOPMENT CODE 2.8.3.5.2 Building orientation standards. Facades/elevations that are adjacent to an arterial or collector street, or a navigable waterway, shall have either windows along no less than 50 percent of their horiziontal length or a primary customer entrance along said facades. Additional entrances and windows facing addi- tional abutting public streets, navigable -waterways, -or adjacent buildings are eneouraged. Buildings shall be oriented to maximize pedestrian access, use and view of any adjacent, navigable water bodies. 2.8.3.8.3. Facade/ wall height transition. New developments that are located within 300 feet of an existing building, and are more than twice the height of any existing building within 300 feet shall provide transitional massing elements to transition between the existing buildings of lower height within 300 feet, and the proposed development. The transitional massing element can be no more than 100 percent taller than the average height of the adjacent buildings (see Illustration 8 below). NEW SCALE & RELATION SHIP TO ADJACENT EXISTING STRUCTURES (S) BY USE OF STEPPED MASSING OF NEW STRUCTURE EXISTING DO THIS NEW > NO RELATIONSHIP TO ADJACENT MASSING & STRUCTURE EXISTING NOT THIS illustration 8 2.8.3.5.4. Facade standard. All primary facades of a building shall be designed with consistent architectural style, detail and trim features. In the case of outparcel buildings, all exterior facades shall adhere to the requirements of this division with respect to architectural design treatments for primary facades. Supp. No. 5 LDC2:274 Projects Statistics Developments Type: Hybrid Site Configuration: Corner lot Total Acreage: 3 Acres Building Square Footage: 31, 500 sq. ft. Lot Coverage: 15.8% Parking Spaces: 107 spaces Housing Units: 6 Project Statistics Development Type: Main Street Site Configuration: Interior lot Total Acreage: 5 Acres Building Square Footage: 54,000 sq. ft. Lot Coverage: 14.8 % Parking Spaces: 198 spaces Housing Units: 10 Meeting Type: Regular Meeting Date: 06-01-99 AGENDA Heading Considerations item No. 3 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 lawsuik as recommended by the law firm of Gray, Harris & Robinson. Summary Explanation & Background: See attached correspondence. Representatives from the above-mentioned firm will be in attendance to address City Council's concerns. Please advise. Exhibits Attached: Settlement correspondence City Manager's Office (Signature) Department LEGISLATIVE g:/admin/council/meeting/1999/06-01-99/lawsuit.doc 5-10-1999 8:37PM FROM P.2 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 DILO CHARLES W. SELL JACK A. KIRSCHENBAUM RICHARD E. BLAKE GUY S. HAGGARD FREDERICK W. LEONHARDT BORRON J. OWEN, JR. MICHAEL K. WILSON JEFFREY O. KEINER PAUL S. OUINN, JR. DAVID L. SCHICK JACK K. MCMULLEN SUSAN T. SPRADLEY MICHAEL E. NEUKAMM DONALD A. NOHRR PHILIP F. NOHRR WILLIAM O. BOLTIN, III R. LEE BENNETT TRACY A. MARSHALL JOHN A. KIRST, JR. WILBUR E. BREWTON KENNETH J. PLANTE GRAY, HARRIS & ROBINSON PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 1200 201 EAST PINE STREET POST OFFICE BOX 3068 ORLANDO, FL 38802.3065 TELEPHONE: (407) 843-8880 FAX: (407) 244-5690 WEBSITE: www.gchrisw.com WRITER'S DIRECT DIAL E-MAIL ADDRESS: mwilliam@gnrlaw.com MICHAEL E. WRIGHT WILLIAM A. GRIMM KENT L. HIPP DONALD ?. GIBSON ALISON M. YURKO THEODORE L. SHINKLE JOHN M. BRENNAN SCOTT W. SPRADLEY KIMBERLY NOWORYTA SUNNER MICHAEL J. BITTMAN -------------------------------- BRUCE M. HARRIS A. 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. CHRISTOPHER 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 CITY OF CAPE CANAVERAL c/o Kohn Bennett, Esq. Amari, Theriac & Eisenmenger, P.A. 96 Willard Street Cocoa, FL 32922 Our File No.: 212215-1 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 have 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.&en 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 mon es 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. RECEIVED 5/1/99 MELBOURNE ORLANDO TALLAHASSEE (407) 737- 8?00 (407) 843- 8880 (illegible) mere compensation and continued 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 settiement 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 fluids 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 be of us S-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. We 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 Iaw 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, $5,000,000.00, plus interest from the date of settlement, will be paid to compensate for heretofore documented property damages and areas not receiving sand (primarily the worm rock area south of Patrick Air Force Base.) In this regard, it is important to note that, over time, the sand placed north of Patrick Air Force Base will move south and benefit the worm rock area, and the Project may indeed ultimately be expanded to place sand on those beaches. 5. Upon appropriation of 40% of the Federal monies for the Project, attorneys/consultants fees and costs will also be paid in an amount determined by the Court. 6. Upon appropriation of 40% of the Federal monies for the Project, a Final j Judgment will be entered and all ofyou will have waived all claims against the Government for damages from beach erosion occasioned by Port Canaveral up to and including the date of the Agreement. 7. Thereafter, provided re -nourishment is implemented every 6 years (+/- 2 years), all of you shall have no right of action against the Government for damages arising from erosion to their properties. In other words, none of you may sue the Government for beach erosion so long as the Government maintains the beaches. The Government's responsibility for six year re -nourishment ends in fifty years. S-10-1999 8-39PM FROM p„a GRaY, HARRIS & RO$IN.SON PRO CBSIONAL AS30C,^TION CITY OF CAPE CANAVERAL c/o Kann Bennett, Esq. Page 4 May S. 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 terms 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 of Acceptance 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: 5-10-1999 8:39PM FROM P.5 GRAY. HARRIS & ROBINSON PROFESSIONAL ASSOCIATION CITY OF CAPE CANAVERAL, c/o Kohn Bennett, Esq. Page c 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 trade 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 Graham and Matic. 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. 5-18-1999 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 (Signature) Jack A. Kirschenbaum HP OfficeJet Personal Printer/Fax/Copier Fax Log Report for City of Cape Canaveral 407-799-3170 Jun -03-99 09:04 AM Identification 7833748 Result OK Pages 08 Type Sent Date Jun-03 Time 08:59A Duration 00:04:01 Diagnostic 002586030022 1.3.0 2.8 Meeting Type: Regular Meeting Date: 06-01-99 AGENDA Heading Considerations'. Item No. 4 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RECOMMENDATIONS FOR NATIONAL HIGHWAY SYSTEM INTERMODAL FACILITY CONNECTION ROUTES DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council provide comments on the attached connector route regarding access, safety, capacity and preservation improvements that may be needed. Summary Explanation & Background: The city has to respond by 06-08-99. Some examples would be: • Street lighting for safety, • The eastbound merge lane should be upgraded to (2) through lanes, AND any other concerns you would like to have addressed. Please advise. Exhibits Attached: FDOT letter of 05-07-99 City Manager's Office (Signature) Department LEGISLATIVE g:/admin/counciil/meeting/1999/06-01-99/highway.doc Florida Department of Transportation JEB BUSH THOMAS F. BARRY,JR. GOVERNOR SECRETARY 5151 Adanson Street Orlando, Florida 32804 Telephone (407) 623-1085 May 7, 1999 Mr. Bennett Boucher City of Port Canaveral P.O. Box 326 Port Canaveral, FL 32920-0326 Dear Mr. Boucher: SUBJECT: Request for Improvement Recommendations National Highway System (NHS) Intermodal Facility Connector Routes The Florida Department of Transportation (FDOT) is in the process of conducting a survey of stakeholders to compile recommendations regarding significant access, safety, capacity and preservation improvements that may be needed for the National Highway System (NHS) Intermodal Connectors which serve freight as well as passenger movements. The connectors were designated according to Federal Highway Administration (FHWA) requirements in the summer of 1996. Attached are maps representing the adopted connector routes between the NHS System and the designated facility. Examples of the types of recommendations that we are currently seeking involve those that would address significant pavement condition problems, geometrical/physical problems such as inadequate travel width, inadequate shoulder width, lack of stabilized shoulders, insufficient turning radii at intersections, unpaved roadways, bridge%verpass vertical clearance, weight limitations, narrow bridge/tunnel, rough abandoned railroad crossings, problems with drainage/flooding, traffic operation problems such as congestion, long delay at traffic signals, difficulty making left or right turns, lack of turning lanes at intersections, lack of traffic signals, truck queues at gates, frequent accidents, on -street parking conflicts and problems with moveable bridge openings. Recommendations are also sought to address problems at the connector/NHS junction such as heavy traffic on the mainline N.S. facility, lack of merge area on to the mainline, lack of traffic signals, poorly designed ramps, tight turning radii at intersections, and the lack of turning lanes. At this time there are no plans to make any changes to the list of intermodal facilities for which connectors are designated. The facilities were approved by the FHWA based on quantitative criteria for usage. For your information, we are attaching a table indicating the selection criteria and the designated facilities in our district. Please address all comments/questions to myself or Karen Pinell of our Public Transportation Office at the above address and telephone number, extensions 122 and 123 respectively. Should you desire a meeting to discuss this further, call us to schedule. We are seeking comments by June 8, and look forward to working with you in this effort. Sincerely, (Signature) John Zielinski District Corridor Planner attachments J:\NHSLTRB.FRM www.dot.state.fl.us NHS CONNECTOR ROUTE Terminal Name: Port Canaveral Location: District Five, Brevard County, City of Cocoa Facility Type: Port Area Type: Urbanized Route Designation: SR A1A/ Astronaut Blvd. (0.591 miles) G.J. King Blvd./Dave Nisbet Dr. (1.076 miles) Port Canaveral THRESHOLD CRITERIA FOR NHS ROADWAY CONNECTORS DISTRICTS FHWA CRITERIA INTERMODAL FACILITIES RAILROAD INTERMODAL FACITLITIES CSX Intermodal Orlando SEAPORTS Canaveral Port Authority COMMERCIAL SERVICE AIRPORTS Daytona Beach International Melbourne International Orlando International COMMERCIAL BUS SERVICE Greyhound Lines, Inc. PASSENGER RAIL SERVICES National Railroad Passagner Corporation (AMTRAK) COMMERCIAL AIRPORTS Passengers >250,000 Enplanements Cargo> 100,000 tone/year by highway N/A N/A YES-PASSENGERS YES-PASSENGERS YES-PASS. & CARGO N/A N/A SEAPORTS&BULK TRANSFER FACILITIES (TRUCK/RAIL) Containers> 50,000 T.E.U. s/year or 100 trucks/day by highway each way or 250,000 Passengers/year YES-50,000 + TEUs YES-PASS. & CARGO N/A N/A N/A N/A N/A PIPELINES 100 trucks/day each way Unknown- Proprietary Unknown Proprietary N/A N/A N/A N/A N/A AMTRAK 100,000>on/offs/year N/A N/A N/A N/A N/A N/A YES-ORLANDO YES-SANFORD INTERCITY BUS 100,000>on/offs/Year N/A N/A N/A N/A N/A Unknown N/A PUBLIC TRANSIT Stations w/park & ride lots of 500 spaces or 5,000 daily Bus or Rail Passengers N/A YES-CHARTER N/A N/A N/A N/A N/A FERRIES Interstate/International 1,000 Passengers/day. 90 days per year N/A N/A N/A N/A N/A N/A N/A Orlando-Sanford Airport added 9/28/98 under COMMERCIAL AIRPORTS Meeting Type: Regular Meeting Date: 06-01-99 AGENDA Heading Considerations Item No. 5 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: TRANSPORTATION IMPROVEMENT PROGRAM PROJECTS DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council recommend transportation improvement projects to the Brevard Metropolitan Planning Organization (MPO). Summary Explanation & Background: The MPO staff is requesting that the city submit its projects by 06-11-99. I am requesting that the City Council resubmit last year's projects (attached) along with any new projects that you would like the MPO to consider. Please advise. Exhibits Attached: MPO letter; last year's project list City Manager's Office (Signature) Department LEGISLATIVE g:/admin/council/meeting/1999/06-01-99/mpo.doc BREVARD METROPOLITAN PLANNING ORGANIZATION 2725 Judge Fran Jamieson Way, Bldg. A Melbourne, Florida 32940 Telephone: (407) 690-6890 Fax (407) 690-6827 SunCom: 366-6890 DATE: April 21, 1999 TO: Technical Advisory Committee Members, City Managers FROM: Robert Kamm, Brevard MPO Staff Director (Initital) RSK SUBJECT: Transportation Improvement Program Each year the MPO is required to prepare a five-year work program of transportation projects planned for the Palm Bay -Melbourne and Titusville Urbanized Areas. This five year program, the Transportation Improvement Program (TIP), is the basis for receiving federal and state transportation funds. The annual TIP schedule is enclosed. To prepare this document, we need your assistance. There are two steps in the TIP process that must be completed by you. The first is to submit information regarding locally funded and implemented projects for inclusion in the FY 2000 — 2004 TIP. The second is to submit requests for projects to be federally funded, which will be prioritized for inclusion in the FY 2001 — 2005 TIP or future TIP's. The requirements for each step are described below. Attachments for each step are grouped together. Locally Funded Project Information Attached is a blank standard form used for the TIP. The time period covered is FY 2000 through FY 2004. If you submitted projects for the last TIP, a copy of your completed form(s) is also attached. We would appreciate it if you complete this form and include all transportation projects you have planned for the next five years and the estimated project cost. If you would rather submit your information electronically, on disk or via e-mail, in a Lotus 123 or MS Excel spreadsheet, contact our office to make arrangements. The right-hand column of the TIP form includes a column called "Plan Support". Please enter an "x" in that column if the project is included in your comprehensive plan. This will enable the MPO to submit a TIP that meets current FDOT and DCA requirements. Please note that local government projects are included in the TIP for information purposes only. The MPO has no jurisdiction over the funding or implementation of projects using local funds We would appreciate receiving the completed forms as soon as possible before JUNE 11,1999. We will compile all the information for the TAC, CAC and MPO to review at their meetings in July. Project Requests for Federal Funding Preparation of the TIP begins with the MPO establishing project priorities for the Brevard County area. Attached is a blank standard form titled "Request for Transportation Funding ". Under the provisions of the Transportation Equity Act for the 21st Century (TEA -21), transportation projects on arterial and collector roads under the control of both local government and FDOT are eligible for federal funding. The "Request for Transportation Funding" form is the method by which local governments inform the MPO of potentiaI improvement projects on arterial and collector roads. In general, the projects that will be implemented by FDOT and use state and/or federal funds should be included on the form. The MPO will consider these projects when it prioritizes transportation needs for funding consideration. A more detailed explanation of the form is enclosed. Please note that the purpose of the form is to advise the MPO of potential new projects that should be considered for state and federal funding only. The forms are not to report projects that will use local transportation improvement funds. The MPO strongly urges the council or commission of each local government to adopt the Iist prior to submission to the MPO. This will insure that both the staff and elected officials are aware of the project list and that the projects included on the form(s) do actually represent the local government's position. We would appreciate receiving the completed forms by JUNE 11, 1999. The Grovyth Management Subcommittee will evaluate the requests and submit preliminary priority recommendations to the TAC, CAC and MPO to review at their meetings in August. If you have any questions regarding either process, please contact the MPO Staff office at 690-6890. REQUEST FOR STATE AND FEDERAL TRANSPORTATION PROJECT FUNDING 1. CATEGORY (circle one): CAPACITY TRAFFIC OPS MULTIMODAL OTHER -X 2. SUBMITTING JURISDICTION: City of Cape Canaveral 3. JURISDICTION'S PRIORITY WITHIN THE CATEGORY: 2 4. PROJECT LOCATION: SR A1A and Columbia Drive 5. REQUESTED ACTION: Construct a pedestrian overpass 6. DESCRIPTION OF PROBLEM: Need safe crossing for pedestrians to cross SR A1A 7. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: N/A b. If No, what type of study may be needed to better define the problem and/or solution(s): A warrant study 8. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: School board did away with busing: more children will utilize this area 9. SUMMARIZE PUBLIC COMMENT RECEIVED TO -DATE: City Council approves of this concept ------------------------------------------------------------------------------------------ 1. CATEGORY (circle one): CAPACITY TRAFFIC OPS-X MULTIMODAL OTHER 2. SUBMITTING JURISDICTION: City of Cape Canaveral 3. JURISDICTION'S PRIORITY WITHIN THE CATEGORY: 1 4. PROJECT LOCATION: SR A1A and Columbia Drive 5. REQUESTED ACTION: Install traffic signal with pedestrain features 6. DESCRIPTION OF PROBLEM: Will help to make this intersection safe for vehicles and pedestrians 7. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: N/A b. If No, what type of study may be needed to better define the problem and/or solution(s): A warrant study 8. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: Increased traffic due to the increase in cruise ships at port 9. SUMMARIZE PUBLIC COMMENT RECEIVED TO -DATE: FDOT will not lower speed limit, traffic volumes are increasing, safety is major concern. REQUEST FOR STATE AND FEDERAL TRANSPORTATION PROJECT FUNDING 1. CATEGORY (circle one): CAPACITY TRAFFIC OPS-X MULTIMODAL OTHER 2. SUBMITTING JURISDICTION: City of Cape Canaveral 3. JURISDICTION'S PRIORITY WITHIN THE CATEGORY: 3 4. PROJECT LOCATION: SR A1A 5. REQUESTED ACTION: Install overhead boom/mast arm signals (4) locations 6. DESCRIPTION OF PROBLEM: City is on a barrier island; current signals are subject to severe wind damage 7. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: N/A 7. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: N/A b. If No, what type of study may be needed to better define the problem and/or solution(s): Upgrade to new standard 8. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: N/A 9. SUMMARIZE PUBLIC COMMENT RECEIVED TO -DATE: City Council approves of this project will help to keep traffic flowing after a storm event -------------------------------------------------------------------------------- 1. CATEGORY (circle one): CAPACITY TRAFFIC OPS -X MULTIMODAL OTHER 2. SUBMITTING JURISDICTION: City of Cape Canaveral 3. JURISDICTION'S PRIORITY WITHIN THE CATEGORY: 4 4. PROJECT LOCATION: SR A1A from Jackson Avenue to N. Atlantic Avenue 5. REQUESTED ACTION: Upgrade guard rail and install pedway 6. DESCRIPTION OF PROBLEM: Current guard rail configuration obstructs the placement of a pedway 7. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: N/A b. If No, what type of study may be needed to better define the problem and/or solution(s): City has partial design; need FDOT to fund this project 8. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: City install a pedway on east side of SR A1A, except this location 9. SUMMARIZE PUBLIC COMMENT RECEIVED TO-DATE: City Council approves; safety is a major concern; will link up pedway system REQUEST FOR STATE AND FEDERAL TRANSPORTATION PROJECT FUNDING 1. CATEGORY (circle one): CAPACITY-X TRAFFIC OPS MULTIMODAL OTHER 2. SUBMITTING JURISDICTION: City of Cape Canaveral 3. JURISDICTION'S PRIORITY WITHIN THE CATEGORY: 5 4. PROJECT LOCATION: SR A1A from Port Canaveral to Patrick AFB 5. REQUESTED ACTION: Corridor operations study 6. DESCRIPTION OF PROBLEM: Vehicle traffic flow, pedestrian conflicts 7. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and Conclusions: N/A b. If No, what type of study may be needed to better define the problem and/or solution(s): Corridor study 8. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: Continued growth in Cape Canaveral, Port Canaveral and Cocoa Beach 9. SUMMARIZE PUBLIC COMMENT RECEIVED TO-DATE: City Council approves along with the other -jurisdictions - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - -- - - - - - - 1. CATEGORY (circle one): CAPACITY TRAFFIC OPS MULTIMODAL OTHER-X 2. SUBMITTING JURISDICTION: City of Cape Canaveral 3. JURISDICTION'S PRIORITY WITHIN THE CATEGORY: 6 4. PROJECT LOCATION: (4) FDOT storm drainage outfalls to Banana River 5. REQUESTED ACTION: FDOT install baffle boxes 6. DESCRIPTION OF PROBLEM: Storm water run off in protected INdian River Lagoon waters 7. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: N/A b. If No, what type of study may be needed to better define the problem and/or solution(s): N/A 8. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: State and federal laws regulating the treatment of stormwater run off 9. SUMMARIZE PUBLIC COMMENT RECEIVEDTO-DATE: City Council approves INSTRUCTIONS FOR COMPLETING THE "REQUEST FOR STATE AND FEDERAL TRANSPORTATION PR04ECT FUNDING" FORM GENERAL: The "Request for Funding Form" should be used by any local agency to nominate an improvement poject that will require state and/or federal funds to implement. The form will provide information on transportation improvement needs so the MPO and its committees can realistically and fairly evaluate one project relative to others of the same general type. The form should not be used for projects relying entirely on local revenue, for transporation enhancement projects or for projects using funds allocated by formula directly to agencies such as SCAT, airports or the port. A separate form should be completed for each candidate project. Note there are two forms on each page. Please include a response to each item even if the response is "NA." For work processing convenience, project data can be typed on a separate page, rather than the form itself. Please contact the MPO staff if there are questions concerning this form or how it should be completed for a specific project. LINE 1: Circle one of the four categories based on the following definitions. Highway—a significant, capital intensive roadway improvement projects that costs more than approximately $300,000. Such projects are often intended to provide additional highway capacity, but significant maintenance, traffic operations or drainage protects can also be Included. If the requested project is a corridor improvement study, the Highway category should be selected because the study could recommend adding lanes at some time in the future. Traffic Ops --a project to address congestion or traffic conditions of the existing road system. Signalization, tum lanes, signage and median treatment are included in this category. Multimodal --a project to encourage the use of non -auto transportation modes and/or to reduce the use of single occupancy vehicles such as park and ride lots and access improvements to ports or airports. Other --a project to address or correct some other type of deficiency on the state highway system. Please be as specific as possible on the cause of and solution to the deficiency. LINE 2: Enter the name of the local government or agency submitting the request. LINE 3: If multiple requests within the same category are submitted, the individual projects must be prioritized. This ensures consideration of the most pressing local needs. LINE 4: The location should specify the road name and project limits or the intersecting street(s) as appropriate. Maps are not required but can be submitted if needed to better define the project limits. Federal funds can only be spent on collector and arterial roads (i.e., the federal aid highway system). Contact MPO staff to verify a project is located on the federal aid highway system. State funds are limited to projects on the state highway system. Federally funded projects not on the state highway system usually require 12.5% local match. LINE 5: The action the applicant desires to have implemented with state or federal funds such as "conduct w$rrant study," "install signal," "evaluate need for widening." Execution of any required preliminary studies will be the normal first step in the implementation process even if the applicant does not explicitly request such a study on Line 5. LINE 6: A brief statement about the nature, extent, duration and consequences of the deficiency the project is intended to address. An additional page may be attached to explain a complicated problem. LINE 7: If a prior study was conducted, please reference in 7(a) the type of study, the data and the author such as FDOT corridor study, city warrant study, etc. The study recommendation (s) should generally match the requested action in line 5. A copy of the study should be made available if requested. Do not submit the study unless requested by MPO staff. If a study has not been performed, 7(b) should cover the type and extent of such a study. Execution of the study will normally be the first step toward project implementation. LINE 8: Any known public and/or private sector actions over the upcoming five years that may substantially affect the nature or timing of the requested action should be noted. The intent is to properly define the scope of the project, identify potential constraints and/or future opportunities for public/private partnerships, ROW donation, etc. LINE 9: Summarize any public comment on the requested project. Any actions by elected bodies should be noted. The intent is to gauge potential public support for or opposition to a project. The lack of public comment on a requested project will not "count against" the project. Meeting Type: Regular Meeting Date: 06-01-99 AGENDA Heading Resolutions Item No. 6 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 99-11, REAPPOINTING TWO MEMBERS AND FIRST ALTERNATE MEMBER OF THE COMMERCIAL DEVELOPMENT BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider the reappointment of Mr. Folcarelli and Mr. Barzelatto and the appointment of Mr. Smith as a first alternate member. Summary Explanation & Background: N/A Exhibits Attached: Resolution No. 99-11 City Manager's Office (Signature) Department LEGISLATIVE g:/admin/council/meeting/1999/06-01-99/99-11.doc RESOLUTION 99-11 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 17-75 created a Board known as the Commercial Development Board of the City of Cape Canaveral, Florida; and WHEREAS, it in now incumbent upon the City Council of the City of Cape Canaveral to reappoint three (3) members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Leonard Folcarelli is hereby re -appointed as a regular member of the Commercial Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1, 2001. SECTION 2. Jovan Barzelatto is hereby re -appointed as a regular member of the Commercial Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1, 2001. SECTION 3. Craig Smith is hereby re -appointed as first alternate member of the Commercial Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1, 2001. SECTION 4. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 1 st day of June, 1999. Rocky Randels, MAYOR ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Richard Treverton G.\CityClk\Resolutions\BOARDS\Reappointments\Cosmne¢ial Development.doc Meeting Type: Regular Meeting Date: 06-01-99 AGENDA Heading Discussion Item No. 7 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PROPOSED C-2 ZONING DISTRICT REGULATIONS DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council review and comment on the final draft of the C-2 zoning district regulations. NOTE: The legal ad was inadvertently titled as a comprehensive plan amendment instead of a change in land use. Therefore, the first reading will be at the next scheduled regular meeting. Summary Explanation & Background: Attached is the final draft. Also attached is a map depicting the C-2 districts. We still have the issue as to whether or not the city should rezone the property or let the property owners apply for the C-2 zoning district. Please advise. Exhibits Attached: C-2 Draft Ordinance/C-2 Map City Mananger's Office (Signature) Department P&Z/GROWTH MGMT g:/admin/council/meeting/1999/06-01-99/C-2.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: 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 FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Richard Treverton First Reading: Posted: Published: (Council) Public Hearings: LPA: May 12, 1999 Council G:\CityClk\Ordinances\ZONING\C2ZONE.doc Meeting Type: Regular Meeting Date: 06-01-99 AGENDA Heading Ordinances - 1st Reading Item No. 8 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 06-99, AMENDING SECTION 110-127, AMENDMENETS AND REZONING PROCEDURE DEPT./DIVISION: PLANNING & ZONING/GOWTH MANAGEMENT Requested Action: That the City Council consider the adoption of an amendment to Section 110-137 procedure. Summary Explanation & Background: This amendment clarifies the zoning amendment process. The P&Z Board recommended approval at their 05-26-99 meeting. I recommend approval. Exhibits Attached: Ordinance no. 06-99; Existing Section 110-137 City Manager' s Office (Signature) Department P& Z/GROWTH MGMT G:/admin/counciil/meeting/1999/06-01-99/06-99.doc ORDINANCE NO. 06-99 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, DIVISION 4, AMENDMENTS AND REZONINGS, BY AMENDING SECTION 110-137, PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Section 110-137, Procedure, of the Code of Ordinances is hereby repealed in its entirety and the following is adopted in lieu thereof: (a) Any amendment to this chapter may be proposed by: (1) The City Council. (2) The Planning and Zoning Board. (3) Any department or agency of the city. (4) Any person. (b) All proposed amendments shall be submitted to the Planning and Zoning board (in its capacity as both the Planning and Zoning Board and the Local Planning Agency) for study and recommendation. The Planning and Zoning Board shall study such proposals to determine: (1) The need and justification for change. (2) The relationship of the proposed amendment to the purpose of the city's plan for development, with appropriate consideration as to whether the proposed change will further the purposes of this chapter and the plan. (c) The Planning and Zoning Board shall submit the request for change or amendment to the City Council with written reasons for its recommendation. (d) The procedure for the adoption of any ordinance amending this chapter shall be in conformance with the notice and meeting requirements as codified in Section 166.041, Florida Statutes, as amended, and provided further that the procedures for zoning classification changes and comprehensive plan amendments shall be in conformance with the requirements of Chapters 163 and 166, Florida Statutes. 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: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Richard Treverton Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY First Reading: Posted: Published: Second Reading: \\CAPE-NT\cityderk\CityClk\Ordinances\Amendments and Rezoning Procedures..doc § 110-121 CAPE CANAVERAL CODE vided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public. (Code 1981, § 645.07) Sec. 110-122. Hotels and motels. A certificate of occupancy for hotels and motels shall only be issued initially for a minimum of 150 units. After a hotel or motel project has received its initial certificate of occupancy for its first 150 units, subsequent certificates of occupancy may be issued for each building constructed thereafter. All units within any one building of a hotel or motel shall be completed before a certificate of occupancy is issued. (Code 1981, § 645.08; Ord. No. 30-98, § 2, 10-20- 98) Secs. 110-123-110-135. Reserved. DIVISION 4. AMENDMENTS AND REZONINGS Sec. 110-136. Authority. The sections, restrictions and boundaries set forth in this chapter may, from time to time, be amended, supplemented, changed or repealed in the manner prescribed by law and this division. (Code 1981, ch. 647) Sec. 110-137. Procedure. (a) The procedure for a zoning classification change or any comprehensive plan amendment shall be the procedure as adopted or promulgated by the State of Florida in Chapter 163 and Chap- ter 166, Florida Statutes. (b) Any amendment to this chapter, other than a zoning district boundary change, may be pro- posed by: (1) The city council. (2) The planning and zoning board. (3) Any department or agency of the city. (4) Any person. (c) All proposed amendments, other than a zoning change contained in subparagraph (a) above, shall be submitted to the planning and zoning > REVISED board for study and recommendation. The plan- ning and zoning board shall study such proposals to determine. (1) The need and justification for change. (2) The relationship of the proposed amend- ment to the purpose of the city's plan for development, with appropriate consider- ation as to whether the proposed change will further the purposes of this chapter and the plan. Sri (d) The planning and zoning board shall sub- mit the request for change or amendment to the >REVISED city council with written reasons for its recom- mendation. (e) The procedure for the adop 'on of any ordi- nance amending this chapter all be in conform- ance with the notice and meeting requirements as >REVISED codified in Section 166.041, Florida Statutes, as amended. (Code 1981, § 647.O1; Ord. No. 14-97, § 1, 11-18- 97) Sec. 110-138. Limitations. No proposal for zoning change or amendment affecting a particular property shall contain con- ditions, limitations or requirements not applica- ble to all other property in the district to which the particular property is proposed to be rezoned. (Code 1981, § 647.03) Sec. 110-139. Reconsideration of district boundary changes. When a proposed change in zoning district boundaries has been acted upon by the city coun- cil and disapproved or failed to pass, such pro- posed change, in the same or substantially simi- lar form, shall not be reconsidered by the city council for a period of two years. Such restriction shall not apply to the property owner if the original request was initiated by the city council, Supp. No. 6 CD 110:22 Meeting Type: Regular Meeting Date: 06-01-99 AGENDA Heading Ordinances - 1st Reading Item No. 9 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 07-99, AMENDING SECTION 58-56, DESIGNATION AND ESTABLISHMENT DEPT./DIVISION: PLANNING & ZONING/GOWTH MANAGEMENT Requested Action: That the City Council consider an amendment to Section 58-56, designation and establishment, designating the P&Z Board as the Local Planning Agency. Summary Explanation & Background: The P&Z Board will address all of the LPA duties at their regular meetings. The P&Z Board recommended approval at their 05-26-99 meeting. I recommend approval. Exhibits Attached: Ordinance No. 07-99; Existing Code Section 58-56 City Manager's Office (Signature) Department P&Z/GROWTH MGMT g:/admin/council/meeting/1999/06-01-99/07-99.doc ORDINANCE NO. 07-99 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 58, ARTICLE III, LOCAL PLANNING AGENCY, BY AMENDING SECTION 58-56, DESIGNATION AND ESTABLISHMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Section 58-56, Designation and Establishment, of the Code of Ordinances is hereby repealed in its entirety and the following is adopted in lieu thereof: Sec. 58-56. Designation and establishment. Pursuant to and in accordance with the provisions of Chapter 163, Florida Statutes, the Planning and Zoning Board of the City of Cape Canaveral, Florida is designated and established as the Local Planning Agency for the City of Cape Canaveral, Florida and shall be referred to as the Local Planning Agency. 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. City of Cape Canaveral Ordinance No. 05-99 Page 2 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: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Richard Treverton Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Richard Treverton Kohn Bennett, CITY ATTORNEY First Reading: Posted: Published: Second Reading: G:\CityClk\Ordinances\LPA Designation and Establishment.doc PLANNING § 58-58 Sec. 58-36. Indebtedness. The planning and zoning board shall not incur any debts or enter into any contracts or obliga- tions which would be enforceable against the city, unless prior approval has been obtained from the city council. Secs. 58-37-58-55. Reserved. * ARTICLE III. LOCAL PLANNING AGENCY* Sec. 58-56. Designation and establishment. Pursuant to and in accordance with the provi- sions of F.S., § 163.3174, the five regular members of the Planning and Zoning Board of the City of Cape Canaveral, Florida, and two delegates at large to be appointed by the city council by reso- lution are designated and established as the local planning agency for the City of Cape Canaveral, Florida and shall be referred to as the local plan- ning agency. (Code 1981, § 261.01; Ord. No. 31-94, § 1, 8-2-94) Sec. 58-57. Duties and responsibilities The local planning agency shall perform such duties as provided in accordance with the provi- sions of F.S. §§ 163.3161-163.3211. (Code 1981, § 261.02) Sec. 58-58. Designation of agency, depart- ment, committee or person to prepare comprehensive plan. The city council, in cooperation with the local planning agency, may designate any agency, de- partment, committee or person to prepare the com- prehensive plan for the city or any element there- of under the supervision and direction of the local planning agency. (Code 1981, § 261.03) *Cross reference Boards, committees, commissions, § 2-171 et seq. Supp. No. 1 CD58:5 City Clerk's Office Memo To: Mayor and Council From: Sandi Sims, City Clerk CC: Date: 05/27/99 Re: Audience to be heard — June 1 meeting Reclaimed Water Ms. Adeline Lookman, President of the Ocean Parks Condominium Association, 333 Taylor Avenue is requesting to speak during the Audience to be heard portion of the meeting. Her concerns are regarding obtaining reclaimed water. 0 Page 1