HomeMy WebLinkAboutAgenda Packet 07-06-1999City of Cape Canaveral
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
I Polk Avenue, Cape Canaveral, Florida
TUESDAY
July 6, 1999
7:00 P.M.
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
ORDINANCES - SECOND READING:
1. Motion to Adopt: Ordinance No. 04-99, C-2 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, 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.
2. Motion to Adopt: Ordinance No. 08-99, Repealing Paragraph (e) of
Section 110-470, Fences, Walls and Hedges.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, REPEALING PARAGRAPH (e) OF SECTION 110-470, FENCES, WALLS
AND HEDGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
CONSIDERATIONS:
3. Motion to Approve: Regular City Council Meeting Minutes of June 15, 1999.
4. Motion to Approve: Request to approve a 90 -day building permit extension for
8699 Astronaut Blvd.
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/
City of Cape Canaveral
Regular Meeting Agenda
July 6, 1999
Page 2
5. Motion to Approve: Proposal from Planning Solutions, Inc. to reformat the City
Land Development Code to a new Community Design
Standards.
RESOLUTIONS:
6. Motion to Approve: Resolution No. 99-13, Supporting the Designation of the
Indian River Lagoon as a Florida Scenic Highway.
REPORTS:
7. City Engineers' Report
8. City Manager's Report
AUDIENCE TO BE HEARD:
Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit
their comments to five (5) minutes. The City Council will not take any action under the "Audience To
Be Heard" section of the agenda. The Council may schedule such items as regular agenda items
and act upon them in the future.
REPORTS CONTINUED:
ADJOURNMENT:
Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the City Council with respect to any matter considered at
this meeting, that person will need a record of the proceedings, and for such purpose that person
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise 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.
Meeting Type: Regular
Meeting Date: 7/6/99
AGENDA
Heading
Ordinances - 2nd Reading
Item No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 04-99, ADOPTION OF C-2 ZONING DISTRICT REGULATIONS
DEPT./DIVISION: P&Z/GROWTH MANAGEMENT
Requested Action:
City Council adopt the C-2 Zoning District Regulations
Summary Explanation & Background:
See attached memo.
City Planner, Todd Peetz, will be in attendance to answer any questions you may have.
I recommend appoval.
Exhibits Attached:
City Manager Memo, 6/30/99 and Ordinance No. 04-99
City Manager's Office
(Signature)
Department
\\cape-nt\cityclerk\cityclk\agenda\regular\1999\07-06-99 item #1.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
combustible materials in excess of 55 gallons. Such storage
shall comply with all Environmental Protection Agency
standards.
G:\CityClk\Ordinances\ZONING\C2ZONE.doc
City of Cape Canaveral
Ordinance No. 04-99
Page 3
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
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.
G:\CityClk\Ordinances\ZONING\C2ZONE.doc
City of Cape Canaveral
Ordinance No. 04-99
Page 4
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.
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.
G:\CityClk\Ordinances\ZONING\C2ZONE.doc
City of Cape Canaveral
Ordinance No. 04-99
Page 5
e. Watches, clocks, clockwork -operated devices and parts.
f. Photographic equipment and supplies.
g. Jewelry, silverware, plated ware.
h. Musical instruments and parts.
L 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.
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.
G:\CityClk\Ordinances\ZONING\C2ZONE.doc
City of Cape Canaveral
Ordinance No. 04-99
Page 6
(b) The Board of Adjustment may adjust setbacks and provisions noted
in Article IX of this Chapter as necessary and appropriate in granting
special exceptions.
(c) Special exceptions may be permitted for the following:
1. Plant nurseries and greenhouses, provided that all outside
display of merchandise are contained within the required
setbacks.
2. Vocational and trade schools involving operations of an
industrial nature.
3. Radio and television studios.
4. Temporary security facilities, subject to annual review.
5. Veterinary hospitals and clinics, subject to the provisions
designated in Division 5 of this Article for the C-1 district.
6. Sales, leasing and rental of new and used automobiles, major
recreational equipment and mobile homes with accessory
services, subject to the following:
a. Outside areas where merchandise is displayed shall be
paved.
b. All ingress and egress points to abutting streets shall be
marked clearly and placed not closer than 30 feet apart
on the same street.
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 7
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.
3. Bottle clubs.
4. Crematoriums (animal or human).
G:\CityClk\Ordinances\ZONING\C2ZONE.doc
City of Cape Canaveral
Ordinance No. 04-99
Page 8
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 50p ercent.
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/manufacturingdistrict, the minimum setbacks required
q
shall be as follows:
1. Front, 25 feet.
a. (See subsection (b) of this Section.)
2. Side (interior lot line) 15 feet, except where industrial property abuts
a residential district, in which case the minimum side interior lot shall
be 25 feet.
G:\CityClk\Ordinances\ZONING\C2ZONE.doc
City of Cape Canaveral
Ordinance No. 04-99
Page 9
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.
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.
G:\CityClk\Ordinances\ZONING\C2ZONE.doc
City of Cape Canaveral
Ordinance No. 04-99
Page 10
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 Randels
Rocky Randels
Richard Treverton
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
First Reading:
Posted:
Published:
(Council)
Public Hearings:
LPA: May 12, 1999
Council
G:\CityClk\Ordinances\ZONING\C2ZONE.doc
City of Cape Canaveral
Proposed C2 Zoning District
LEGEND
Proposed
C2 Properites
The City of Cape Canaveral City Council will hold a workshop meeting on March 15th
1999 at 5 p.m. in the City Hall Annex at 111 Polk Ave, to discuss the proposed C-2
Zoning District regulations and the rezoning of the property highlighted on the above
map.
You also may send your comments to:
The City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
Or email to: cape@iu.net
C2 Property owners
OWNERNAME
MAIL
MAILSTRNAM
MAILCITY
M
MAILZIP
TECH-VEST INC
000192
CENTER STREET
CAPE CANAVERAL
FL
32920
TECH-VEST INC
000124
ST CROIX AVE
COCOA BCH
FL
32931
CANAVERAL INDUSTRIES INC
000192
CENTER STREET
CAPE CANAVERAL
FL
32920
TIME WARNER ENTERTAINMENT
000300
FIRST STAMFORD PL
STAMFORD
CT
6902
TECH-VEST INC
000124
ST CROIX AVE
COCOA BCH
FL
32931
TECH-VEST INC
000124
ST CROIX AVE
COCOA BCH
32931
CANAVERAL INDUSTRIES INC
000192
CENTER STREET
CAPE CANAVERAL
FL
32920
O'BRIEN, RANDALL O
002112
SYKES CREEK DR
MERRITT ISLAND
FL
32953
SILICON BEACH PROPERTIES INC
007073
N ATLANTIC AVE
CAPE CANAVERAL
FL
32920
AEROSPACE BUSINESS PARK INC
006041
LEXINGTON PARK
ORLANDO
FL
32819
AEROSPACE BUSINESS PARK INC
006041
LEXINGTON PARK
ORLANDO
FL
32819
JOHNSON CONTROLS WORLD SERVICES
007315
N ATLANTIC AVE
CAPE CANAVERAL
FL
32920
JOHNSON CONTROLS WORLD SERVICES
007315
N ATLANTIC AVE
CAPE CANAVERAL
FL
32920
AJT LTD
000101
GEORGE KING BLVD
CAPE CANAVERAL
FL
32920
SHELDON COVE LTD
008810
ASTRONAUT BLVD
CAPE CANAVERAL
FL
32920
TECH-VEST INC
000124
ST CROIX AVE
COCOA BCH
FL
32931
TECH-VEST INC
000124
ST CROIX AVE
COCOA BCH
FL
32931
SHELDON COVE LTD
000399
CHALLENGER RD
CAPE CANAVERAL
FL
32920
G PATTON ENTERPRISES INC
001160
MONTEGO BAY DR
MERRITT ISLAND
FL
32953
NASAJPOUR, AHMAD
00140
HORIZON CT
MERRITT ISLAND
FL
32953
TECH-VEST INC
000124
ST CROIX AVE
COCOA BCH
FL
32931
PEARSON, HENRY J
000545
GARFIELD AVE
COCOA BCH
FL
32931
NASAJPOUR, ABULGHASEM TRUSTEE
000440
POLK AVE
CAPE CANAVERAL
FL
32920
NASAJPOUR, ABULGHASEM TRUSTEE
000440
POLK AVE
CAPE CANAVERAL
FL
32920
SHUFORD DEV COMPANY
P00682
P O BOX 682
CAPE CANAVERAL
FL
32920
CAPE CANAVERAL JOINT VENTURE
P03767
P O BOX 3767
COCOA
FL
32924
BERGER, ARTHUR W JR
008660
ASTRONAUT BLVD SUITE 1
CAPE CANAVERAL
FL
32920
BERGER, ARTHUR W JR
000627
ADAMS STREET
CAPE CANAVERAL
FL
32920
City of Cape Canaveral
CITY OF
CAPE CANAVERAL
Dear Resident, Business or Property Owner,
Currently, some areas of our city are zoned for industrial use (M-1), which is light
manufacturing. This type of (M-1) use of the land supported the beginning of the space
programs, with companies such as IBM, General Electric, Chrysler, Rockwell, Lockheed, ITT,
etc. As the space industry evolved, the uses associated with these types of manufacturing
facilities were no longer needed. Many manufacturing buildings within the M-1 areas have
remained empty since the early 1980s.
The purpose of this (changing the use of the land; i.e., zoning) is to permit the owners
flexibility to lease their buildings for land uses that are now in demand. The new designation,
C-21 is a combined land use category permitting the majority of the land uses found within the
existing commercial (C-1) and industrial (M-1) land use categories.
The sum of the proposed changes by the involvement of the city will be as follows:
• All existing manufacturing and commercial will be permitted to continue.
• Does not disturb any of the current businesses
• Gives owners of land the flexibility to attract various types of business to our community,
and
• Is not taking anything from owners, but rather giving them additional uses of land.
A City Council public hearing is scheduled for June 15, 1999, at 7 p. m. in the City Hall Annex
located at 111 Polk Avenue, to adopt the new C-2 zoning district regulations. All residents,
business and property owners are invited to attend and share their views.
(Signature)
Mayor Rocky Randels
105 Polk Avenue • Post Office Boz 326 • Cape Canaveral, FL 32920-0326
Telephone (407) 868-1200 111 FAX (407) 799-3170 111 http://fcn.state.fl.us/cape/
The following are the permitted uses currently allowed in the C-1 and M-1 districts, as well as
the Proposed permitted uses in the C-2 zoning District.
Current Permitted Uses C1
1. Retail stores, sales and display rooms.
2. Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations,
tailor shops and similar uses.
3. Professional offices, studios, clinics, laboratories, general offices, business schools and similar uses.
4. Hotels and motels.
5. Eating establishments.
6. Public and semipublic parks, playgrounds, clubs and lodges, cultural facilities, hospitals, clinics, mortuaries, funeral
homes, government offices, schools, churches and similar uses
7. Banks and financial institutions
8. Commercial recreation, such as driving ranges, bowling alleys and similar uses.
9. Plant nurseries and greenhouses, provided that all outside display merchandise shall be contained in the required
setbacks.
10. Repair service establishments, such as household appliances, radio and TV and similar uses, but not including
automobile repairs.
11. Kindergartens and child care facilities.
12. Shopping centers and malls.
13. Retail sale of beer and wine for off -premises consumption.
14. Public schools.
Current Permitted Uses Ml
1. General offices, studios, clinics, laboratories, data processing and similar uses.
2. Engineering, laboratory, scientific and research instrumentation and associated uses.
3. Manufacturing
4. Mini -storage and storage garages.
5. Paint and body shops.
6. Motor vehicle repair shops.
7. Adult entertainment establishments, subject to conditions
Proposed Permitted Uses C2:
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.
3. Professional offices, studios, clinics, laboratories, general offices, business schools, data processing and
similar uses.
4. Eating establishments, bakeries and delicatessens.
5. Non-commercial public parks; commercial indoor playgrounds; clubs and lodges; cultural facilities;
hospitals; clinics; mortuaries and funeral homes (excluding crematories); government offices; schools; adult and
youth centers; churches; reading rooms and similar uses.
6. Banks and financial institutions.
7. Repair service establishments, such as household appliances, radio, television and similar uses (excluding
automobile repairs).
8. Automotive service stations, subject to conditions
9. Places in which goods are produced and sold at retail upon the premises.
10. Vocational and trade schools not involving operations of an industrial nature, such as truck driving schools.
11. Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the
consumption of alcoholic beverages on their premises.
12. Dry cleaning establishments using non-flammable solvents and cleaning fluids as determined by the fire
chief.
13. Retail stores using outside display areas
14. Manufacturing (See Ml)
15. Motor vehicle repair shops, provided that repairs and materials are within enclosed building.
The following are the uses currently allowed by special exception in the C-1 and M-1 districts, as well
as the Proposed C-2 zoning District.
Current Special Exceptions, Cl.
1. Veterinary Hospitals and clinics.
2. Radio and television studios, broadcasting towers and antennas.
3. Automotive service stations, subject to conditions.
4. Places in which goods are produced and sold at retail upon the premises.
5. Vocational and trade schools not involving operations of an industrial nature.
6. Commercial establishments which sell distribute, serve or store alcoholic beverages or which permit the consumption
of alcoholic beverages on their premises.
7. Dry Cleaning establishments using noninflammable solvents and cleaning fluids, as determined by the fire chief.
8. Retail stores using outside display areas, subject to conditions.
9. New and used automobiles, major recreational equipment and mobile home sales or rentals with accessory services
subject to conditions.
10. Single -family dwellings, two-family dwellings, townhouses and multiple -family dwellings, subject to conditions.
11. Commercial establishments for the storage or parking of recreational vehicles, trailers and trailerable items, subject to
conditions.
12. Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located.
13. Theaters, drive-in theatres, photographic studios, bookstores and dance studios, subject to conditions.
14. Car washes, including polishing, and sale of related materials.
Current Special Exceptions, Ml
1. Outside storage.
2. Freight handling facilities; transportation terminals.
3. Temporary security facilities, subject to annual review.
4. Service station, subject to C1 conditions.
5. Veterinary hospitals and clinics, subject to C1 conditions.
6. Storage of liquefied petroleum products, subject to Fire Prevention Code.
7. Recycling activities for the collection of non -hazardous materials, provided that all storage of such materials shall be
in approved structures, containers or trailers.
8. Radio and TV studios.
9. Shopping centers, provided a 10 acre minimum and 75,000 square feet if interior space.
10. Public utility equipment.
11. Adult entertainment establishments, subject to conditions.
12. Permanent security living facilities, subject to conditions.
13. Public buildings.
14. Telecommunication towers, subject to conditions
Proposed Special Exceptions, C2:
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 conditions.
7. Public utility equipment: uses and rights-of-way essential to serve the neighborhood in which it is located.
8. 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.
9. Car washes, including polishing and sale of related materials.
10. Mini -storage and storage warehouses.
City of Cape Canaveral
Proposed C2 Zoning District
The City of Cape Canaveral City Council will hold a public hearing on June 15th 1999
at 7 p.m. in the City Hall Annex at 111 Polk Ave, to adopt C-2 Zoning District
regulations that would apply to the property highlighted on the above map.
You also may send your comments to:
The City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
Or email to: cape@iu.net
City Managers Office
Memo
To: Mayor & City Council
From: Bennett Boucher, City Manager (Handwritten-Initial-BB)
Date: 06/30/99
Re: C-2 zoning district regulations
City Council will consider on Tuesday July 6th, the adoption of the C-2 zoning district regulations.
The city has already changed the comprehensive plan future land use map on January 5th of this year.
The two district areas are shown on the attached map.
City staff is working on the administrative rezoning application of the two district areas and the
ordinance for the upcoming P & Z board meeting as instructed by City Council.
As a result of the adoption of the 1995 City of Cape Canaveral Redevelopment Plan, the
drafting of this new C-2 zoning district started in 1996 with the Commercial Development Board
reviewing the C-1 & M-1 zoning district regulations and making a recommendation (attached) to the
Planning and Zoning Board for their review and consideration.
The Planning & Zoning Board held meetings throughout 1997 to draft the C-2 zoning district
regulations and made their initial recommendation to City Council on November 12, 1997. City Council
at this time opted to include the comprehensive plan amendment portion of this C-2 zoning district
within the adoption process of the new comprehensive plan that occurred during 1998 and was finally
adopted by City Council on January 5, 1999.
As you can see, there has been a lot of volunteer board member time spent on developing this
ordinance to help improve the economic condition of our community and I want to thank them for their
diligence.
0 Page 1
Cape Canaveral
Proposed C2 Zoning District
LEGEND
O Proposed
C2 Properties
CITY OF
CAPE CANAVERAL
City of Cape Canaveral
MEMORANDUM
DATE: AUGUST 27, 1996
TO: PLANNING & ZONING BOARD/LPA
FROM: COMMERCIAL DEVELOPMENT BOARD
SUBJECT: C-2 INTENT AND PRINCIPAL USES
At the August 21, 1996 Regular Meeting of the Commercial Development Board, members
unanimously recommended the creation of a C-2 zoning district. Further, members unanimously
agreed that the intent of the proposed C-2 zoning district should be commercial and light industrial
interacting uses. Additionally, members unanimously agreed that under no circumstances should
unscreened outside storage be permissible within the proposed C-2 zoning district.
Members reviewed Section 110-332, Principal uses and structures in the C-1 low density
commercial district, and recommended the following uses and structures be permitted within the
proposed C-2 zoning district:
(1) No Change
(2) Delete "and similar uses"
(3) Recommend "Professional offices, studios, clinics, laboratories--non-hazardous research and
testing, general offices, and business schools"
(4) Add "bed and breakfast"
(5) No Change
(6) Delete "and similar uses"
(7) No Change
(8) Recommend "Driving ranges, golf courses and bowling alleys"
(9) No Change
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE 14071 868-1200 • FAX 14071 799-3170
Planning & Zoning Board/LPA
Page Two
August 27, 1996
(10) Delete "and similar uses"
(11) Recommend "Kindergartens, child and adult care facilities"
(12), (13) No Change
Members reviewed Section 110-334, Special exceptions permissible by board of adjustment, and
recommended the following uses be permitted within the proposed C-2 zoning district:
(1) No Change
(2) Recommend "Radio and television studios, no tower."
(3) Delete
(4), (5) No Change
(6), (7), (8), (9), (10), (11), (12) Delete
(13) Delete "drive-in"
(14) Delete
Members reviewed Section 110-352, Principal uses and structures, and recommended the following
uses and structures be permitted within the proposed C-2 zoning district:
(1) Recommend "General offices, studios, clinics, laboratories--non-hazardous research and
testing, and data processing"
(2) Recommend "Engineering laboratories, scientific and research instrumentation"
(3) Delete "m. Other similar uses."
(4), (5), (6) Delete
Members reviewed Section 110-354, Special exceptions permissible by board of adjustment, and
recommended the following uses be permitted within the proposed C-2 zoning district:
(1), (2), (3), (4) Delete
(5) No Change
(6), (7) Delete
Planning & Zoning Board/LPA
Page Three
August 27, 1996
(8), (9) No Change
(10), (11), (12) Delete
(13), (14) No Change
Additionally, members recommended the following uses be permitted within the proposed C-2
zoning district:
Bakery/Pastry
> Bar, tavern, lounge
Boot and shoe manufacturing, no leather processing
Computer services
Contractors' shops
Copying shops
Day care centers
Diaper service
Display rooms -- merchandise retail, wholesale
Dry cleaners
Electronic, scientific precision instrument manufacturing
Financial institutions
Furniture stores
Health centers,
Laboratories -- non -hazardous research and testing
Laundries
Lawn and garden services
Light machinery products -- appliances, business machines, etc.
Linen supply
Lithographing
Locksmith -- no exterior storage
Medical and dental lab
Motion pictures, production
Musical instruments manufacture
Offices, business, government, professional
Orthopedic and medical appliance manufacture
Photofinishing lab
Physical education center/all inside
Pottery and ceramics manufacture
Printing/blueprinting operation
Printing and publishing establishments
Processing, caned/preserved fruits and vegetables
Radio/TV stations, no tower
Recreation -- indoor commercial
Research, non-commercial, scientific, educational
Planning & Zoning Board
Page Four
August 27, 1996
Research, development lab
Restaurants
Retail - building materials, garden supplies
Retail -- furniture/appliances
Schools -- correspondence/professional/business
Schools - vocational, no exterior class
Services to buildings, not exterior storage
Social services, individual and family
Trade schools/no heavy equipment -truck operators
Financial institutions -with drive -up
Food, packaging and processing
Public, private schools, parks, playgrounds
Public safety buildings
Recreation -outdoor commercial?
Schools -vocational with exterior classes?
Woodworking, wood products manufacturing?
Respectfully submitted,
COMMERCIAL DEVELOPMENT BOARD
(Signature)
Leonard Folcarelli. Chairperson
/kmm
Attachment
02-02-99 Minutes Page 1 of 1
2.
3. <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
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.
http://fcn.state.fl.us/cape/Minutes/02-02-99.htm 6/29/99
(handwritten-Lamon's words)
THE LOGIC FOR RE-ZONING TO C-2
O Continues to allow manufacturing activities
O Does not disturb present businesses or future contracts.
(In the past, we did not rezone for fear of disturbing contracts, jobs already there.
And, sure enough, the next economic down-turn,
the usual blighting effect took place right there in the heart of town.)
O Gives owners additional allowable commercial uses to keep those properties viable
as businesses or business conditions change.
O There is no "taking" of property. In fact we are "giving."
O Some would agrue that we are giving a free bonus to property owners.
(I would argue that the P&Z Board's job is project ideas and planning
that protect the welfare of the citizens.
and protects property values.)
3
THE LOGIC FOR RE-ZONING TO C-2 (CONT.)
O We are increasing the welfare of the City by creating an enviroment
where businesses can come and go
without the enormous effect of the economic cycle on light manufacturing.
O Now-a-days, someone comes to the owner, wants to open a small commercial business;
owner has to say "No, it's not allowed, even though it would be nice for this area."
Or the owner has to say, "Wait until I try to get it re-zoned."
Meanwhile that business goes elsewhere.
O City should re-zone the area to C-2. We have re-zoned in years past for the mutual benefit of all parties.
O It will create an environment in the middle of the City
which will have a continuous chance to flourish,
independent of the ups and downs of light manufacturing.
4
C-2 Zoning District Regulations Discussion
City Council Regular Meeting - 2nd Reading - June 15, 1999
'' " - 1st Reading - June 1, 1999
" " - Discussion - May 18, 1999
" "- Discussion - April 6, 1999
City Council Workshop Meeting - Discussion/Presentation - March 15, 1999
City Council Regular Meeting - Discussion - February 2, 1999
Planning and Zoning Board - Discussion Re: Properties Considered for Proposed C-2
Zoning District - March 11, 1999
Planning & Zoning Board - New Business - Recommendation to City Council to Approve
the Proposed Ordinance No. 11-97, Establishing a C-2
Commercial/Manufacturing District - November 12, 1997.
Planning & Zoning Board - Unfinished Business - Motion to City Council to Recommend
Approval to Amend the Com Plan Future Land Use Map
for C-2 Zoning District -
June 11, 1997.
Planning & Zoning Board - New Business - Motion to City Council to Recommend
Approval to Amend the Proposed Comprehensive Plan
Future Land Use Map Delineating Properties to be Re -
Zoned as C-2 Commercial/ Manufacturing Zoning District -
May 28, 1997.
Planning & Zoning Board - Unfinished Business - Discussion - Determination and
Recommendation to Amend the Comprehensive Plan
Suture Land Use Map to Delineate Properties to be Re -
Zoned as C-2 Commercial/ Manufacturing Zoning District -
April 23, 1997.
Planning & Zoning Board - New Business - Discussion and Recommendation to City
Council Re: Creating a C-2 Zoning District - March 26,
1997.
Planning & Zoning Board - New Business - Discussion & Recommendation to City
Council Re: Creating a C-2 Commercial/ Manufacturing
Zoning District - March 12, 1997.
Meeting Type: Regular
Meeting Date: 7/6/99
AGENDA
Heading
Ordinances- 2nd Reading
Item
3
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 08-99, REPEALING PARAGRAPH (e) OF SECTION 110-470, FENCES,
WALLS & HEDGES
DEPT./DIVISION: P & Z/ GROWTH MANAGEMENT
Requested Action:
That the City Council consider approval of this ordinance.
Summary Explanation & Background:
The Planning & Zoning Board recommended reopening this code section based on the attached information gather
the Building Official.
I recommend approval.
Exhibits Attached:
Ordinance No. 08-99/ Building Official's report/ existing code
City Manager' s Office
(Signture)
Department
4:\cityclk\agenda\regular\1999\07-06-99 item #3.doc
ORDINANCE NO. -99
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, REPEALING PARAGRAPH (e) OF SECTION 110-470,
FENCES, WALLS AND HEDGES; 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. Paragraph (e) of Section 110-470, Fences, Walls and Hedges, of the Code
of Ordinances is hereby repealed in its entirety.
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.
ATTEST:
Sandra O. Sims, CITY CLERK
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
Rocky Randels, MAYOR
BUILDING DEPARTMENT
Memo
To: Bennett Boucher, City Manager
From: Dennis E. Franklin, CBO, Building Official (inititial)
Date: 06/07/99
Re: Staff report — revision of ordinance on walls
Section 110-470 (e) states that "Any concrete boundary wall in excess
or four feet in height shall have the excess height be open to 50 percent
air and light in any residential district."
In the short time of my tenure with the city, I have been brought to task
on how the 50% was determined in paragraph (e) of this ordinance. A
request for clarification and the attached detail was presented to the
Planning and Zoning board on May 12, 1999 for discussion and
guidance. After a lengthy discussion, the board agreed to eliminate
paragraph (e) of Section 110-470. The board determined that this
paragraph did create room for mixed interpretation, as well as the fact
that the same rule did not apply to a fence over four feet in height.
Please refer to the attached documentation for your review.
0 Page 1
§ 110-469
CAPE CANAVERAL CODE
angular area bounded on two sides by the street
right -of -way lines and on the third side by a
straight line drawn between two points on the
street right-of-way line located 25 feet from the
point of the intersection of the street right-of -way
lines.
(Code 1981, § 641.25)
Cross references—Property maintenance requirements, §
34-97; streets, § 66-26 et seq.; traffics and vehicles, ch. 74.
Sec. 110-470 Fences, walls and hedges.
(a) Fences, walls and hedges may be permitted
in any yard, except as specified in section 110-
469, provided the following height restrictions
shall apply:
(1) In any residential distract (R-1, R-2 or. -R-3)
no fence, wall or hedge in any, side or rear
yard shaIl be over six feet in height or over
four feet in height if within 25 feet of any
yard abutting any public right-of-way.
(2) In any commercial (C-1) and industrial (M-1)
districts, no fence, wall or hedge in any side
or rear yard shall be over eight feet in
height or over four feet in height if within
25 feet of any yard abutting any public
right-of-way. When the boundary of a com-
mercial or industrial zoning district abuts
any residential zoning district, the max-
imum height of a fence, wall or hedge shall
be six feet.
(3) In any district, the planning and zoning
board may provide an exemption allowing
a fence of six feet in height within 25 feet of
any yard abutting any public right-of-way
if the applicant can demonstrate that an
ascertainable and definable hazard will be
reduced by the construction of the six-foot
fence. The applicant must also demonstrate
that the additional height will not cause a
visual obstruction to motorists deemed haz-
ardous by the planning and zoning board.
A written request for an exemption shall
be filed at least 21 days prior to the plan -
ring and zoning board meeting at which it
is to be considered, and notice of the meeting
shall be mailed to all property owners
within a 300 -foot radius of the property for
which an exception is sought. The appli-
cant shall pay a fee as set forth in appendix
B to this Code.
(b) No wall shall be built along unimproved
property boundaries until and unless the owner
has obtained and paid for a building permit for
the principal structure.
(c) All concrete boundary walls are to be Fin-
ished by stuccoing or painting in neutral colors at
the time they are constructed.
(d) No words or symbols, other than street ad-
dresses and names of occupants in residential dis-
tricts, shall be permitted on exterior boundary
walls. If there are such nonallowed words or syrm-
bols, they shall be covered within seven days of
notification to the owner by the city.
(e) Any concrete boundary wall in excess of four
feet in helght shall have the excess height be open [ ]
to 50 percent air and light in any residential dis-
trict.
(Code 1981, § 641.27)
Cross references—Property maintenance standards, §
34-97; building code, § 82.31 et seq.; swimming pool code, §
82.246 et seq.; housing code, § 82.271 et seq.
Sec. 110-471. Exceptions to height regula-
tions.
The height limitations contained in article VII
of this chapter do not apply to spires, belfries,
cupolas, antennas, water tanks, solar panels, ven-
tilators, chimneys, elevator equipment, air condi-
tioning or other necessary equipment room usu-
ally required to be placed above the roof level and
not intended for human occupancy.
(Code 1981, § 641.29)
Sec. 110-472. Access.
Every building shall be on a lot fronting on a
public street or on an approved private street or
with legal access to a public street and shall have
a safe and convenient access for servicing, fire
protection and required offstreet parking. All lots
upon which structures are built shall have a min-
imum access width of 15 feet to a public right-
of-way or an approved private right-of-way.
(Code 1981, § 641.31)
CD 110:60
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
June 15, 1999
7:00 P.M.
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present
Richard Treverton
Burt Bruns
Tony Hernandez
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Others Present
City Manager, Bennett Boucher
City Attorney, Kohn Bennett Public Works Dir., Ed Gardulski
City Clerk, Sandra Sims Building Official, Dennis Franklin
PROCLAMATION: Sister City, Kloten Switzerland
Mayor Randels read and presented the proclamation renewing the City's
commitment to develop and strengthen friendship between Kloten, Switzerland
and Cape Canaveral, USA, SISTER CITIES; and encouraging all people to
"promote multi -cultural friendships, educational, municipal, business, professional
and technical exchanges" through explorations of international partnership
to Mr. Hans Saurenmann. Mr. Saurenmann thanked the council and related that he
expects the City Manager to go to Kloten in November.
Mr. Treverton arrived at this time: 7:05
Mr. Saurenmann suggested that the City set up an advisory board with members
from Brevard Community College, the International Student Services and the
School Board.
CONSIDERATIONS:
1. (Tape 1, 178 ) A motion was made by Bruns and seconded by Petsos to
approve the Regular City Council Meeting Minutes of February 16; March 2;
March 16; April 6; April 20; May 4; May 18; and June 1, 1999.
The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns,
For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
City of Cape Canaveral
Regular Meeting Minutes
June 15, 1999
Page 2
2. (Tape 1, 244 ) Scott Pendley, Attorney for the City explained after reviewing the
claims, both parties decided that the potential to resolve, short of trial in
federal court, would be more advantageous to all. During closed -door
session, trial was set for August but allowed parties to explore a Settlement
Agreement. That agreement is before Council, and representatives of Blarney
67 (Fairvilla Megastore) Chris Coleman, attorney and Glenn Duffy, Finance
Director were present to answer questions.
City Attorney, Kohn Bennett explained that these are settlement discussions
and neither party can use issues discussed at this meeting in trial. Mr.
Coleman agreed.
Mr. Hernandez queried why the adopt -a -highway sign was not included. Mr.
Bennett explained that it is a separate agreement between Fairvilla and the
Florida Department of Transportation. That agreement will be considered
separately.
Mr. Treverton stated that sections 6 & 7, sound like Blarney67 is a family
owned business and that the owner can pass it on to or transfer to the heirs
and assigns for perpetuity. Mr. Bennett responded, "that is correct." Sale,
foreclosure, etc. would not apply. Mr. Murphy, a single individual, owns it. If
the use is discontinued, Mr. Bennett explained, it would fall into the zoning
code and could not retain the use after being vacated more than 18 months.
Mr. Hernandez queried if assigns were necessary? Mr. Bennett replied, yes.
Mr. Hernandez stated that a good job was done negotiating by all parties.
Mr. Bruns stated that the settlement agreement is well written and addresses
all concerns.
Mr. Petsos stated that he appreciates Blarney67 and Mr. Murphy recognizing
that the City's Code is constitutional and enforceable. He requested that the
truck with signs not sit on the state roadside. Limit it to designated parking
areas close to the building.
Mayor Randels referred to page 5, item 8; if they come for a rezoning, how
can we pre -approve zoning? Mr. Bennett related that it is not. It is Florida
Statute language.
Blarney 67 shall not construct more signs. Vehicles, mobile should be
included. Strike construct and enter "utilize"
Mr. Hans Saurenmann stated that the stringent requirements sound like
selective enforcement. Why not just go with City Code. Mayor Randels stated
that it could be discussed because it is in a settlement negotiation.
Mr. Hernandez stated that an agreement should be made today for a size of
the entrance sign. Mayor Randels stated that certain verbiage or drawings
City of Cape Canaveral
Regular Meeting Minutes
June 15, 1999
Page 3
should be agreed not to be used. Mr. Chris Coleman, concurred that the
intent is not to use risque words, pictures or innuendo on boards. It is not
necessary to limit verbiage just to Fairvilla. There will be no sexual or adult
connotations.
Mr. Glenn Duffy, agreed to a 12 sq.' entrance sign which is smaller than the
code allows. Consensus except for Mr. Petsos unless it just says Fairvilla & or
entrance. Trucks will not be parked at highway again. Mr. Duffy stated that
they would totally comply. Vehicles must be in a parking area, not on the
grass.
Mr. Leo Nicholas expressed concern that the audience did not realize that
Blarney 67 is Fairvilla until well into the discussion.
Mr. Boucher, City Manager responded with a recapitulation of the Settlement
Agreement.
Mr. Pendley opined that from a practical standpoint, a retail establishment
exists, no services or liquor are allowed; whereas, in C-1 alcohol is allowed in
establishments, as well as other more crime susceptible activities. He related
that as an outsider, this establishment is better than what could operate under
our current code of ordinances. If pursued, the City could win or lose. If lost,
they could expand or change to have a dance hall or not solely retail
establishment. Practical considerations must be considered aside from the
legal significance.
A motion was made by Mr. Hernandez and seconded by Mr. Petsos to
approve the settlement agreement contingent upon execution of the
agreement and the ordinance no. 05-99, with changes as follows:
• use granted hereunder shall automatically be revoked when voluntarily
abandoned or use discontinued other than natural disasters or other acts
of god for a period of 18 months.
• Shall not construct any other signs (including reader boards) for the
operations other than a directional entrance sign not exceeding twelve
(12) square feet in size and utilizing on the words Fairvilla Mega Store and
Entrance or such other language as Cape Canaveral may approve, which
approval shall not be unreasonably withheld.
• The use of its signs shall not utilize any depiction of the human body or
the terms, words, or phrases: adult, XXX, nude, erotic, or any other terms
or phrases which have an adult or sexual connotation.
Mr. Coleman stated that the record may sound like contract zoning. He
preferred to have the second contingency removed.
A motion was made by Mr. Hernandez and seconded by Mr. Petsos to amend
the motion by removing the contingency of the adoption of ordinance no. 05-
99.
City of Cape Canaveral
Regular Meeting Minutes
June 15, 1999
Page 4
The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns,
For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
Mayor Randels stated that he is voting against the settlement agreement
because he believes it is not good for the community, the size of the sign is
not acceptable and he thinks we could win the case in court.
The motion passed 4-1, with voting as follows: Mr. Treverton, For; Mr. Bruns,
For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels,
Against.
Recessed at 8:20 Reconvened at 8:25
3. (Tape 1, 2915 ) Emergency Repair of Sanitary Sewer Force Mains.
Ed Gardulski explained that two sewer force mains needed emergency repairs
and contractors were here within an hour. No residents were aware ithe
system was shut down, there was no interruption of service is the good news.
The work is done and needs to be paid.
A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve
payment of the Sanitary Sewer Force Mains Emergency Repair, in the
amount of $11,945 to Atlantic Development of Cocoa.
The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns,
For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
4. (Tape 2,55) A motion was made by Mr. Petsos and seconded by Mr. Bruns to
award Bid #99-01, Publishing Services — "Lessons Learned in Planning and
Zoning, Cape Canaveral" to All Service Graphics.
The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns,
For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
5. (Tape 2,190 ) A motion was made by Mr. Hernandez and seconded by Mr.
Treverton to appoint Mayor Randels as Voting Delegate to the Florida
League of Cities Annual Conference.
The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns,
For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
A motion was made by Mayor Randels and seconded by Mr. Hernandez to
appoint Mayor Pro Tem Buzz Petsos as Alternate Voting Delegate to the Florida
League of Cities Annual Conference.
City of Cape Canaveral
Regular Meeting Minutes
June 15, 1999
Page 5
The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns,
For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For
ORDINANCE FIRST READING:
6. (Tape 2, 264 ) Mayor Randels read Ordinance No. 04-99, C-2 District by title:
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
NEW ZONING DISTRICT WITHIN THE CITY UNDER A NEW DIVISION 8, CC=2
COMM ERCIAUMANUFACTURING 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.
A motion was made by Hernandez and seconded by Petsos to approve
Ordinance No. 04-99 for second reading.
City manager stated that legal advertisement was published and notices to
property owners were sent.
There was no public comment.
The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns,
For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
7. (Tape 2, 314) Mayor Randels read Ordinance No. 05-99, Repealing
Section 110-352(7)(e), Amortization of Nonconforming Uses by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, REPEALING SECTION 110-352(7)(e), AMORTIZATION OF
NONCONFORMING USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mr. Hernandez to
approve Ordinance No. 05-99 for second reading.
There was no public comment.
The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns,
For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
8. (Tape 2, 344) Mayor Randels read Ordinance No. 08-99, Repealing
Paragraph (e) of Section 110-470, Fences, Walls and Hedges by title.
City of Cape Canaveral
Regular Meeting Minutes
June 15, 1999
Page 6
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, REPEALING PARAGRAPH (e) OF SECTION 110-470, FENCES, WALLS
AND HEDGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve
Ordinance No. 08-99 for second reading.
There was no public comment.
The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns,
For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
ORDINANCES: SECOND READING:
9. (Tape 2,396) 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.
A motion was made by Mr. Hernandez and seconded by Mr. Petsos to adopt
Ordinance No. 06-99.
There was no public comment.
The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns,
For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
10. (Tape 2, 453) Mayor Randels read Ordinance No. 07-99, Local Planning Agency
by title.
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.
A motion was made by Mr. Petsos and seconded by Mr. Hernandez to adopt
Ordinance 07-99.
There was no public comment.
The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns,
For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
City of Cape Canaveral
Regular Meeting Minutes
June 15, 1999
Page 7
REPORTS:
11. (Tape 2, 503) City Manager — Bennett Boucher
• Mr. Boucher reported that Fire Chief, Dave Sargeant received $19,000 EMS
funds from the County.
• Mr. Boucher reported that the antenna at the annex was removed after a
safety inspection
• Mr. Boucher reported that he and Mr. Gardulski are working on the A1A
landscaping contract with the Florida Department of Transportation.
• Mr. Boucher reported that John Pekar, of SSA left a status report on the
reclaimed water drawing changes. He related that is should be finished by
July 2. Mr. Petsos queried if it is acceptable for it to have taken this long?
related that Mr. Pekar said it would take one and one-half weeks. It has been
over four weeks. Mr. Petsos asked Mr. Boucher to relay deep concern. Council
concurred that John Pekar should be at the next meeting for an engineer's
report. Canaveral Sands is requesting reclaimed water, but it will be at least
four months because we have to re -bid. Mr. Gardulski suggested piggybacking
with Cocoa Beach; however, they do open cuts rather than directional boring,
or we can proceed along roads such as Holman Road or Ridgewood. Mr.
Gardulski related that he would try to find a government contract to piggyback
that includes directional boring.
• Mr. Boucher reported that Nancy Hanson, Recreation Director received
$42,000 for the Patriots Park grant, which included the purchase price plus
closing costs
• Mr. Boucher reported that Ed Gardulski, Public Works Director has been
working with Brevard traffic safety team to get a center turn lane on A1A at
Purcell's. He related that they will not consider the turn land because there have
been no crashes, therefore, no basis for changing. He related that this issue
needs a political push.
Audience
Hans Saurenmann, Coral Drive- Mr. Saurenmann queried if the City has
requested an east/west pedway integrated with the port interchange. Council
concurred to make the request with the Florida Department of Transportation.
Lamar Russell, Planning and Zoning Board Member — Mr. Russell stated that five
ordinances were considered tonight and the Planning and Zoning Chair, Bea
McNeely's work. She conducts orderly meetings, coaches, and does her
homework. She is a good administrator and tonight's work is the manifestation.
City Clerk — Sandra Sims
• Ms. Sims reported that the Notebook PC being used for recording meeting
notes is Susan Stills, Assistant City Clerk's personal computer. The computer is
City of Cape Canaveral
Regular Meeting Minutes
June 15, 1999
Page s
just one example of her personal investment in making our department and our
City better.
• Ms. Sims reported that the City Manager has recently purchased to Softbook
readers that will provide our agendas and backup material in an electronic
format. The two books should be on line soon.
City Attorney — Kohn Bennett
No report.
Council Member — Richard Treverton
• Mr. Treverton reported that the City Hall Committee met. Members of the
committee are: himself, Susan Stills, Kim McIntire, Susan Chapman, Joy Daine,
and Doug Waller. He related that the committee's assignment is to pursue all
options for the building. He related that they talked about the physical state,
vermin, interior and exterior problems, sq. footage, and parking. Currently, there
is not enough information to address which avenue to pursue. He suggested
and Council concurred that a professional inspector should evaluate the current
building with no bias. Future reports will be made as information is collected.
Council Member — Burt Bruns
Mr. Bruns requested that the Community Standards Design proposal be
pressed for an upcoming agenda.
Council Member — Tony Hernandez
• Mr. Hernandez referred to a memo from Nancy Hanson, Recreation Director
regarding their meeting for the City Ballpark. He stated that we need to use the
money already received, rather than lose it for lack of planning.
• Mr. Hernandez expressed relief that the City is starting to receive investigative
fees collected by the Sheriffs Department.
• Mr. Hernandez requested, and Council concurred that the City request the
County to paint a bike lane along Ridgewood.
Mayor Pro Tem — Buzz Petsos
• Mr. Petsos stated that the light in the center of the room has a bad ballast.
Mayor — Rocky Randels
• Mayor Randels commended finance for purchasing a binding machine that
makes reports appear more professional.
• Mayor Randels stated that he has received an invitation from the Cocoa Police
and realized that all Council Members do not receive all invitations. He queried
if he should distribute copies all invitations. Council concurred that he should.
City of Cape Canaveral
Regular Meeting Minutes
June 15, 1999
Page 9
There being no further business, the meeting adjourned at 9:30 p.m.
Rocky Randels, MAYOR
Sandra Rozar Sims, CITY CLERK
Rocky Randels, MAYOR
Sandra Rozar Sims, CITY CLERK
Meeting Type: Regular
Meeting Date: 7/6/99
AGENDA
Heading
Considerations
Item
No.
5
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: 90 -DAY BUILDING PERMIT EXTENSION FOR 8699 ASTRONAUT BLVD.
DEPT./DIVISION: BLDG DEPT/ PUBLIC SAFETY
Requested Action:
City Council approve the request for a 90 -day extension of Permit #98-00186
Summary Explanation & Background:
Extensions per code are only granted by City Council.
The Building Official recommends approval.
Exhibits Attached:
Building Official report 6/28/99
City Manager's Office
(Signature)
Department
\\cape-nt\cityclerk\cityclk\agenda\regular\1999\07-06-99 item #5.doc
City of Cape Canaveral
CITY OF
CAPE CANAVERAL
TO: Bennett Boucher, City Manager
FROM: Dennis E. Franklin, CBO, Building Official (Initital-DEF)
SUBJECT: Request to approve permit extension.
DATE: June 28, 1999
STAFF REPORT
I have attached a letter from contractor, Carl Jones who has recently completed most of
the Kelsey's building shell. Mr. Jones has requested a 90 -day extension to his building
permit #98-00186 as required by Section 104.6.1 of the 1997 Standard Building Code
and has described the reason for his requested extension in his letter.
City ordinance Section 82-32. (2) requires approval from city council before the
extension may be granted.
The building official understands the reasons submitted, recognizes that the permit will
expire July 28, 1999, and has no problem with extending this permit for 90 days as
stipulated by code.
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/
June 28, 1999
Dennis Franklin
Building Official
City of Cape Canaveral
Sirs,
We are requesting an extension to Building Permit #98-00186 for the following reasons:
Site Plan approved November 12, 1997 for Kelsey's building called for gravity sewer line from
building site, south on A1A ROW to Tower Boulevard, west approx 150' to existing MH in
median. This was impossible because of all the existing water lines, sewer force main and gas
lines.
Attempts were made to tie into the Radison sewer system and to get easements across properties
along A1A to south of building site. Both attempts failed.
We now have reached an agreement with the city to tie into the forcemain in front of the building
site.
The above processes took 6 months to complete. We are now ready to proceed with the project.
Thank you for your consideration.
(Signature)
Carl Jones, Contractor
(Signture)
Chas Lagges, Owner
BUILDING NEW CONSTRUCTION
CITY OF CAPE CANAVERAL
PERMIT #: 98-00186
(Handwritten- Sec. 15/ Tup.245 I Rgr. 37E
MASTER PERMIT # : -
PROJECT #: 96- EF
DATE ISSUED: 05/14/98
PROJECT ADDRESS: 8699 ASTRONAUT BOULEVARD
LOCATION: 8699 ASTRONAUT BOULEVARD
SUBDIVISION:
PCL # : 778
LOT # :
BLK # :
OWNER NAME: CHARLIE LAGGES PHONE: (407)-784-0797
ADDRESS: 4903 N BANANA RIVER BLVD
CITY: COCOA BEACH STATE: FL ZIP: 32931
ACI Corp. P O Box 5194 Titusville FL 32783-5194 Carl Jones/Tom Carter 635-2892 pager
GEN. CONTR: BERGER, ARTHUR W. JR. DBA AEDILE CONTR. PHONE: (407)-868-6700
ADDRESS: 8660 ASTRONAUT BOULEVARD, SUITE #1 LIC #: CGC0032922 (CBCO .5039)
CITY: CAPE CANAVERAL STATE: FL (Stricken from Code) Fes- ZIP: 32920 (Stricken from Code)
WORK: CONSTRUCT BUILDING SHELL AND SITE WORK ONLY. NOTICE OF COMMENCE-
DESC: MENT SHALL BE RECORDED PRIOR TO INSPECTION.
ELEC. CONTR: Mack Electric Inc. ER0012378 Chirstopher R. (Illegible)
PLMB. CONTR: to be selected
MECH. CONTR: N.A.
SPECIALTY:
VALUATION: 259343.84
SQ.FT. 6528
OCC. TYPE: CONST TYPE:
FIRE ZONE: USE ZONE:
BLDG: 940.00
ELEC: 70.00
PLMB: 25.00
MECH: N/A
CAPITAL EXPANSION: 1847.42
PLAN REV: 470.00
FIRE IMP: 163.20
RADON: 65.28
CONC: 100.00
TOTAL DUE: 3680.90
TOTAL PAID: 3680.90
APPLICATION ACCEPTED BY
K.G.
PLANS CHECKED BY
Same
APPROVED FOR ISSUANCE BY
Same
***** N 0 T I C E *******
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS
NOT COMMENCED WITHIN 6 MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED,
OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER WORK IS STARTED
I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW
THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES
GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED
HEREIN OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY
TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW
REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY
RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY IF YOU
INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR ANY ATTORNEY
BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
( Signature)
(SIGNATURE OF CONTRACTOR OR AUTHORIZED AGENT
5/20/98 (Stricken from Code)
DATE
(Signature)
(APPROVED BY)
5/15/98
DATE
BUILDINGS AND BUILDING REGULATIONS $ 82.32
ARTICLE I. IN GENERAL
Sec. 82-1. Penalty.
Any person who shall violate this chapter or
who shall fail to comply with this chapter or who
shall violate or fail to comply with any order or
regulation made under this chapter or who shall
build in violation of any detailed statement or
specifications or plans submitted and approved
under this chapter or any certificate or permit
issued under this chapter shall severally for each
and every such violation and noncompliance, re-
spectively, be punished as provided in section
1-15.
(Code 1981, §§ 509.13, 611.07, 612.29, 613.04,
614.03, 615.04, 617.19, 619.04, 620.03, 623.07,
625.03, 627.03)
Sec. 82-2. Building permit fee schedule.
The city establishes a building permit and
development fee schedule on all construction in
the city. The fees shall be as set forth in appendix
B to this Code.
(Code 1981, § 547.01)
Sec. 82-3. Changes to schedule of fees.
The building permit and development fee sched-
ule established in section 82-2 may be amended
from time to time, as needed, by resolution of the
city council.
(Code 1981, § 547.03)
Secs. 82-4-82-30. Reserved.
ARTICLE II. BUILDING CODE*
Sec. 82-31. Adopted.
The Standard Building Code, 1997 edition,
published by the Southern Building Code Con -
*Editor's note -Ordinance No. 3-98, § 1, adopted March
3, 1998, amended the code by repealing article II, §§ 82-31,
82-32 and adding a new article II, §§ 82-31, 82-32. Formerly,
such article pertained to similar provisions and derived from
§§ 611.01, 611.02, 611.05 of the 1981 Code; Ord. No. 9-92, §§
1(611.01), 1(611.02), 8-18-92; Ord. No. 20-92, § 1, 11-5-92; Ord.
No. 12-93, §§ 1(611.01), 1(611.02), 7-6-93; Ord. No. 19-93, §
1(616.01), 6-15-93; Ord. No. 42-93, § 1,11-2-93; Ord. No. 13-94,
§ 1(611.03), 4-5-94; Ord. No. 3-95, § 1, 2-21-95; Ord. No. 18-95,
§ 1, 8-15-95.
Cross references -Fire prevention code adopted, § 38-26;
standard fire prevention code adopted, § 38-30; requirements
for fences, walls and hedges, § 110-470; buildings required for
commercial uses, § 110481; building setback lines, § 110-536.
§ 82-32
gress International, Inc., including appendices C
and D is adopted by reference as though it were
set out in this article in full.
(Ord. No. 3-98, § 1, 3-3-98)
Sec. 82-32. Amendments.
The building code adopted in section 82-31 is
amended as follows:
Supp. No. 5 CD82:5
(1) Sections 102.2.1, 102.2.2, 102.23, and
102.2.4 are amended to read as follows:
102.2.1 Building Official Qualifications,
102.2.2 Chief Inspector Qualifications,
102.2.3 Inspector Qualifications, and
102.2.4 Deputy Building Official Qualifi-
cations shall be those qualifications as
outlined in Chapter 468, Florida Statutes.
(2) Section 104.6.1 is amended to read as
follows:
104.6.1 Permit Intent. A permit issued
shall be construed to be a license to pro-
ceed with the work and not as authority to
violate, cancel, alter or set aside any of
the provisions of the technical codes, nor
shall issuance of a permit prevent the
building official from thereafter requiring
a correction of errors in plans, construc-
tion, or violations of this code. Every per-
mit issued shall become invalid unless the
work authorized by such permit is com-
menced within six months after its issu-
ance, or if the work authorized by such
permit is suspended or abandoned for a
period of six months after the time work is
commenced. The permit shall become in-
valid after three years from the date of its
issuance in zoning districts of the city,
unless the building or buildings subject to
the permit have exteriors and landscap-
ing which are in substantial compliance
with the plans and specifications and com-
ply with the provisions of section 34-96,
section 34-97, subsections 34-98(3), (4),
(5) (6), (7), (8), (9), and (11), section 34-99,
and section 34-122 of the City Code of
Ordinances. Extensions of time for build-
ing permits may be granted only by the
city council. Further, any unfinish build-
ings or structures for which a permit has
Supp. No. 5
CD82:5
Meeting Type: Regular
Meeting Date: 7/6/99
AGENDA
Heading
Considerations
Item
No.
6
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: PROPOSAL TO REFORMAT THE CITY LAND DEVELOPMENT CODE TO A NEW
COMMUNITY DESIGN STANDARD FORMAT.
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the approval of the revised scope of services for Tasks 1 & 2, in the amount of $5,250 as outlined in
the attached proposal from Planning Solutions, Inc.
Summary Explanation & Background:
City Council had requested to start only with Tasks 1 & 2 and then decide what direction to take to complete this reformatting process.
The Community Appearance Board strongly recommends that City Council approve this proposal.
I recommend approval.
Funding will be appropriated from General Fund contingency.
Exhibits Attached:
Proposal
City Manager's Office
(Signature)
Department
\\cape-nt\cityclerk\cityclk\agenda\regular\1999\07-06-99 item N6.doc
FROM : SUNBELT PHONE NO. : 1 941 643 6441 Jun. 28 1999 02:40PM P2
PSI
PLANNING SOLUTIONS INC.
JUNE 28, 1999
PRELIMINARY SCOPE OF SERVICES (REVISED)
FAXED FOR EXPEDIENCY
MR. BENNETT BOUCHER
CITY MANAGER
CITY OF CAPE CANAVERAL
105 POLK AVENUE
P.O. BOX 326
CAPE J=ANAVE L4L. FL 329240326
RE- CITY OF CAPE CANAVERAL RFP TO REFORMAT THE CITY LAND DEVELOPMENT
CODE TO A NEW COMMUNITY DESIGN STANDARDS FORMAT, REVISED SCOPE OF
SERVICES.
DEAR MR. BOUCHER:
THANK YOU FOR YOUR REQUEST TO REVISE THE PREVIOUSLY SUBMITTED RFP TO PROVIDE
THE CITY OF CAPE CANAVERAL WITH A PROPOSAL FOR PROFESSIONAL SERVICES.
ATTACHED TO THIS COVER LETTER IS A TASK SPECIFIC PROPOSAL, TO PROVIDE YOU VVITH
THE PROFESSIONAL PLANNED AND ARCHITECTURE RELATED SERVICES REQUESTED BY THE
CITY COUNCIL AT THE LAST MEETING I ATTENDED, IT WAS APPARENT THAT THE COUNCIL
AS A WHOLE WAS GRAPPLING WITH ACHIEVING A CONSENSUS ON A SINGLE DIRECTION
REGARDING COMMUNITY DESIGN STANDARDS, I BELIEVE THAT THIS PROPOSAL WILL ASSIST
THE COUNCIL IN ACHIEVING THAT CONSENSUS DIRECTION.
THE ATTACHED REVISED PROPOSAL INCLUDES ONLY THE TWO TASKS THAT WERE
REQUESTED FOR RESUBMITTAL. THE ASSOCIATED FEES HAVE BEEN SCALED
ACCORDINGLY.
MY EXPERTISE IN THE AREA OF PLANNING COUPLED WITH MY EXPERIENCE, AS AN ELECTED
OFFICIAL, IN COLLIER COUNTY WILL ASSIST GREATLY IN FACILTATING THE COMMUNITY
OUTREACH NECESSARY TO SUCCESSFULLY COMPLETE THIS PROJECT. MR. MCHARRIS"
BACKGROUND AS A PLANNER AND AN ARCHITECT WILL ROUND OUT OUR TEAMS' APPROACH
TO ASSIST THE CITY OF CAPE CANAVERAL IN REVISING YOUR COMMUNITY DESIGN
STANDARDS AS NECESSARY. THROUGH COMBINING OUR TALENTS, I BELIEVE WE CAN
OFFER THE CITY OF CAPE CANAVERAL, AN UNPARALLELED LEVEL OF SERVICE AT A MORE
THAN COMPETITIVE FEE.
I AM EXCITED AT THE PROSPECT OF CONTINUING TO WORK WITH YOU TO ENHANCE THE
UNIQUE QUALITIES OF THE CITY OF CAPE CANAVERAL MR. McHARRIS AND I WILL BRING
THE FULL BREADTH AND EXPERIENCE OF OUR TEAM TO THE TABLE TO PROVIDE THE
SERVICEAND EXPERTISE NECESSARY TO COMPLETE THIS VITAL COMMUNITY PROJECT.
SINCERELY.
TIM HANCOCK.AICP
PRESIDENT, PLANNING SOLUTIONS INC.
5100 Tamiami Trail North Suite 158
Naples, Florida 34103
Ph: (941) 403-0223 , Fax: (941) 263-5096
FROM : SUNBELT PHONE NO. : 1 941 643 6441 Jun. 28 1999 02:41PM P3
PSI
PLANNING SOLUTIONS INC.
PRELIMINARY SCOPE OF SERVICES
MCHARRIS HANCOCK (MH) IS PLEASED TO PRESENT THE FOLLOWING PROPOSAL FOR
PROFESSIONAL PLANNING SERVICES TO ASSIST THE CITY OF CAPE CANAVERAL IN
IMPROVING THEIR EXISTING DESIGN STANDARDS THROUGH COMMUNITY PARTIGIFATION AND
INPUT. THE TASKS LISTED BELOW ARE INTENDED TO EVALUATE THE CURRENT STANDARDS
AND RECOMMEND A COURSE OF ACTION TO PRESERVE AND PROMOTE POSITIVE
COMMUNITY DESIGN CRITERIA IN THE CITY OF CAPE CANAVERAL.
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 ASSESSMENTOF THE STRENGTHS OF THE
DOCUMENTS AS WELL AS AREAS THAT NEED REFINEMENT. (10 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.
• TOWN HALL MEETING(S) TO DISCUSS THE PROPOSED FORMAT AND CHANGES WILL BE
HELD AT THE DISCRETION OF THE CITY COUNCIL AND CITY MANAGER.
• 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 (15 TO 30
HOURS TO COMPLETE.)
TOWN HALL MEETINGS.
• 1 (ONE) TOWN HALL MEETINGS IS 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. THE ACTUAL SCHEDULING WILL BE ATTHE DISCRETION
OF THE CITY OF CAPE CANAVERAL.
INCORPORATION OF INPUT FROM LEGAL STAFF.
• LEGAL REVIEW OF ANY DOCUMENT IS THE RESPONSIBILITY OF THE LEGAL STAFF OF THE
CITY OF CAPE CANAVERAL.
• ANY DOCUMENT PREPARED FOR INCORPORATION INTO THE DEVELOPMENT CODES OF
THE CITY OF CAPE CANAVERAL WILL REQUIRE INPUT FROM LEGAL STAFF.
ADDITIONAL SERVICES NOT INCLUDED IN THIS FEE PROPOSAL:
' ADDITIONAL MEETINGS WITH PLANNING BOARD OR CITY COUNCIL. MH WILL MEET WITH
THE CITY OF CAPE CANAVERAL PLANNING BOARD AND/OR CRY COUNCIL AS NEEDED
OR DESIRED BY THE CITY.
' MEETINGS NOT IDENTIFIED IN THE TASKS LISTED ABOVE 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 BELOW.
FROM : SUNBELT PHONE N0. : 1 941 643 6441 Jun. 29 1999 02:41PM P4
PSI
PLANNING SOLUTIONS INC.
FEES AND REIMBURSABLE EXPENSES
FEES
TASKS ONE AND TWO $5.250
TOWN HALL MEETINGS (1) NO CHARGE
(REIMBURSABLE ONLY)
INCORPORATE INPUT FROM CITY LEGAL STAFF N CHARGE
MEETINGS WITH PLANNING BOARD AND CITY COUNCIL SEE BELOW
THE TOTAL LUMP SUM FEE OF $5,250 WILL BE BILLED ACCORDING TO OVERALL PROJECT
COMPLETION PERCENTAGES AND WILL BE BILLED MONTHLY. PAST DUE ACCOUNTS OF
MORE THAN 30 DAYS WILL QE SUBJECT TO A 5% ADDITIONAL FEE PER MONTH.
DUE TO THE EXISTING RELATIONSHIP WITH THE CITY OF CAPE CANAVERAL, A RETAINER
WILL NOT BE REQUIRED.
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
ADMIN ISTRATIVE/CLERICAL $40.00/HOUR
DAY RATE FOR MCHARRIS HANCOCK $800.00/HALF DAY
(BOTH IN ATTENDANCE, NOT INCL. TRAVEL) $1,200.00/.FULL DAY
REIMBURSABLE EXPENSES
REIMBURSABLE EXPENSES ARE IN ADDITION TO MCHARRIS HANCOCK'S FEE AND WILL BE
BILLED AT 1.10 TIMES THE COST TO MCHARRIS HANCOCK. MH WILL BE REIMBURSED FOR
OUTOF-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 OF 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
FROM : SUNBELT PHONE NO. : 1 941 643 6441 Jun. 28 1999 02:42PM P5
PSI
PLANNING SOLUTIONS INC.
HANCOCK, PRESIDENT, PLANNING SOLUTIONS, INC. PLANNING SOLUTIONS, INC. WILL. BE
THE BUSINSESS ENTITY TO WHICH ALL FEES ARE PAID.
MCHARRIS HANCOCK RESERVES 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 LEITER PROPOSAL, PLEASE SIGN
AND RETURN THE ENCLOSED COPY AS IT SHALL CONSTITUTE OUR BINDING AGREEMENT.
ONE SIGNED COPY 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 THIS CITIZENS OF CAPE CANAVERAL
ON THIS MUTUALLY BENEFICIAL COMMUNITY PROJECT.
AUTHORIZED SIGNATURE DATE
NAME TITLE
FROM: Planning Solutions Inc FAX N0. : 941 263 5096 May. 03 1999 03:01PM P2
(Handwritten)- EXAMPLE
ZONING
$ 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 existing architectural design of the 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 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 anal
transition points within the community.
Supp. No. 5
Illustration 7
LDC2:273
FROM : Planning Solutions Inc FAX NO. 941 263 5096
May. 03 1999 03:01PM P 3
ZONING $ 2.8.8.5.20.3
2.8.3.5.102. Roof edge and parapet treatment. At a minimum of two locations, 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 OF MINIMUM
ROOF CHANGE
Roof Change # 1
Roof change # 2
DO THIS
NO ROOF CHANGE
NOT THIS
Illustration 14
2.8.3.5.10.3. Roots 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 facia 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 horizontal 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.
2.8.3.510.4. 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 P 5
$ 2.8.3.5.2 COLLIER COUNTY LAM 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 horizontal length.or a primary customer
entrance along said facades. Additional entrances and wisdoms facing addi-
tional abutting public streets, navigable waterways, or adjacent buildings are
encouraged. Buildings shall be oriented to maximize ,pedestrian access, use
and view of any adjacent naviable water bodies.
2.8.3.5.3. 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 ,3aassing 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 & RELATIONSHIP TO
ADJACENT EXISTING STRUCTURE(S)
BY USE OF STEPPED MASSING
OF NEW STRUCTURE
EXISTING
DO THIS
NEW
NO RELATIONSHIP TO ADACENT
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 outparceI
buildings, all exterior facades shall adhere to the requirements of this division
with respect to architectural design treatments for primary facades.
Supp. No. 6
LDC2:274
FROM: Planning Solutions Inc
FAX NO. : 941 263 5096
MAY. 003 1999 03:03PM P6
3 Acre Site
Project Statistics
Development Type: Hybrid
Site Configuration: Comer lot
Total Acreage: 3 Acres
Building Square Footage: 31,500 sq. ft.
Lot Coverage: 15.8%
Parking Space: 107 spaces
Housing Units: 6
FROM: Planning Solutions Inc
FAX NO. : 941 263 5906
May. 03 1999 03:04PM P 7
5 Acre Site
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
Housing Units: 10
Meeting Type: Regular
Meeting Date: 07-06-99
AGENDA
Heading
Resolutions
Item
No.
7
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 99-13, SUPPORTING THE INDIAN RIVER LAGOON SCENIC
HIGHWAY DESIGNATION
DEPT./DIVISION: LEGISLATIVE
INDIAN RIVER LAGOON S ENIC
Requested Action:
City Council adopt this Resolution supporting the Indian River Lagoon Scenic Highway as by the Corridor Advocacy
Group Chairman, Ted Moorhead.
Summary Explanation & Background:
See attached information.
I recommend approval.
Exhibits Attached:
Resolution/ Correspondence.
City Manager' s Office
(Signature)
Department
\\cape-nt\cityclerk\cityclk\agenda\regular\1999\07-06-99 item #8.doc
RESOLUTION 99-13
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, SUPPORTING THE
DESIGNATION OF THE INDIAN RIVER LAGOON AS A
FLORIDA SCENIC HIGHWAY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, a Corridor Advocacy Group has been formed for the Indian
River Lagoon Scenic Highway, as required by Florida Statutes for designation of
a Florida Scenic Highway, and
WHEREAS, the purpose of the scenic highway designation is to protect,
enhance, preserve and maintain the intrinsic resources of the designated
corridor, while utilizing these resources for appropriate economic development
and tourism, and
WHEREAS, we believe that significant benefits of additional resource
conservation, aesthetic enhancement, recreational amenities, public information
and economic development can result from the scenic highway designation, and
WHEREAS, the Corridor Management Plan which will delineate the
implementation of the goals and objectives of the scenic highway program will be
developed and implemented with the approval of the local governments of the
jurisdictions through which the corridor passes, without state or federal
restrictions on land use within the corridor by virtue of the designation.
SECTION 1. The Cape Canaveral City Council resolves to register
support for the designation of the Indian River Lagoon Scenic Highway in
Brevard County and Indian River County by the Florida Department of
Transportation; and
City of Cape Canaveral, Florida
Resolution No. 99-13
Page 2
SECTION 2. The Cape Canaveral City Council further resolves that staff
under our jurisdiction be authorized to participate in supporting the designation
effort.
SECTION 3. This resolution shall become effective immediately upon its
adoption.
DONE AND RESOLVED at a regular meeting of the City Council on the
day of 1999.
ATTEST:
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Rocky Randels, MAYOR
FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Richard Treverton
Kohn Bennett, CITY ATTORNEY
G:\CityClk\Resolutions\lndian River Lagoon Scenic Highway.doc
June 16, 1999 6:21 PM From: Ted Moorhead Fax #: 407-768-2190
Page 1 of 4
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Date: Wednesday, June 16, 1999 Time: 6:21 PM
To: Bennett Boucher
Company: City of Cape Canaveral
Fax Phone #: 7993170
CC:
From: Ted Moorhead
Subject: Indian River Lagoon Scenic Highway
Total # of Pages (including cover): 4
Memo: I need a resolution by your Council supporting the application for scenic
highway designation. Here is an information sheet and draft resolution.
A presentation can be provided if needed. Please let me know. Thanks
for your help.
Ted
If all pages were not received, phase call back immediately:
723-2031
June 16, 1999 6:21 PM From: Ted Moorhead Fax #: 407-768-2190 Page 2 of 4
INFORMATION ON THE INDIAN RIVER LAGOON SCENIC HIGHWAY
The Florida Department of Transportation Scenic Highways Program
FDOT received a grant from the Federal Highway Administration in 1994 to develop a
Florida Scenic Highways program that had been authorized by the legislature in 1993.
This is both a conservation and economic development program, recognizing that the
quality of life that makes Florida attractive depends on caring for what we have. The
mission statement reads, "The Florida Scenic Highways Program will preserve, maintain,
protect and enhance the intrinsic resources of scenic corridors through a sustainable
balance of conservation and land use. Through community-based consensus and
partnerships, the program will promote economic prosperity and broaden the traveler's
overall recreational and educational experience. " The program recognizes six types of
resources: historical, cultural, archaeological, natural, recreational and scenic.
The Indian River Lagoon Scenic Highway
The Indian River Lagoon is an estuary spanning 156 miles on Florida's east coast. Home
of more plant and animal species than any other estuary in North America, it is habitat for
75 rare, threatened and endangered species including the East Indian manatee. The beach
shore of the barrier island east of the Lagoon, along with excellent swimming and
surfing, provides the most dense nesting area for sea turtles in the Western Hemisphere.
Because of the unique features of the Lagoon, Congress in 1991 named it a National
Estuary. Three national wildlife refuges, including the first, Pelican Island, and a national
seashore are included in the corridor.
The proposed corridor begins at the intersection of the Wabasso Causeway and SRA1A,
proceeds north to Port Canaveral, crosses the Bennett Causeway to US 1, proceeds north
through Titusville and then on SR 402 to the Canaveral National Seashore, then
backtracks to the Bennett Causeway, and proceeds south to the Wabasso Causeway
which it crosses to complete the circuit.
The Benefits of Designation as a Florida Scenic Highway
■ A partnership of citizens, municipalities and counties working together on the mission
of designation can create unity and common purpose in an extended community.
■ The identification of resources and development of a plan to protect and utilize the
resources for tourism and economic development can help us understand and
appreciate what we have.
• Recognition of our scenic highway and its greenways, blueways and trails on
travelers' information sources will foster visits by those who appreciate our resources
and will have minimal impact, while enriching our economy.
■ Designation as a Florida Scenic Highway is a gateway toward designation as a
National Scenic Byway and to grants to implement the enhancement and protection
goals we identify in the management plan.
June 16, 1999 6:21 PM From: Ted Moorhead Fax #: 407-768-2190 Page 3 of 4
Local Control
Florida Statute 335.093 (3), reads as follows: "The designation of scenic highways by
the department and the criteria adopted by the department for the designation of
scenic highways are not intended to affect or limit existing or customary uses in
commercial or industrial areas that are adjacent to designated scenic highways nor
is designation intended to limit the ability of local government entities to control or
limit land uses in commercial or industrial areas within these jurisdictions." The
Corridor Management Plan which will be developed in the process of applying for scenic
highway designation must be consistent with and incorporated into the comprehensive
plans of the governing entities involved. Nobody will be telling local government what to }
do. The Corridor Advocacy Group (CAG) will be looking to the local communities to }
say where the route will go and what is being planned for protection and enhancement. }
What has been done so far (as of June 14, 1999)
These requirements of FDOT have been met:
■ A CAG has been formed. It is operating under the auspices of the Marine Resources
Council, a 501c3 community organization whose mission fits that of the scenic
highway program.
• A letter of intent has been filed by the CAG and acknowledged by FDOT.
■ A training workshop has been conducted for the CAG by FDOT.
■ Committees are being organized to work on the Eligibility Application.
What has yet to be done
• Complete, submit and have approved by FDOT the eligibility application.
• Complete, submit and have approved by FDOT the Corridor Management Plan.
• Implement the Corridor Management Plan.
How to participate
According to FDOT guidelines, anyone who wants to may participate in the CAG.
Interested citizens are invited to do so by contacting the CAG chairman Ted Moorhead at
(407) 723-2031, FAX (407) 723-2031, or email moorhead@iu.net
Meeting Type: Regular
Meeting Date: 7/6/99
AGENDA
Heading
Reports
Item
No.
8
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CITY ENGINEERS REPORT
DEPT./DIVISION: PUBLIC WORKS
Requested Action:
City Council will be presented a status report from our City Engineers on current project.
Summary Explanation & Background:
John Pekar, Vice President of SSA will present the Engineers Report.
Exhibits Attached:
SSA 6/20/99 Report
City Manager's Office
(Signature)
Department
\\cape-nt\cityclerk\cityclk\agenda\regular\1999\07-06-99 item #7.doc
Stottler Stagg & Associates (Stricken from Code)
Architects, Engineers, Planners, Inc.
CITY OF CAPE CANAVERAL
MEMORANDUM
DATE: June 30, 1999 SUBJ: Project Status Update
TO: Ed Gardulski, Public Works Director FROM: John Pekar
Bennett Boucher, City Manager
Purchase Order No.
15036
SSA Job No.
99019
PROJECT
Tower Road
STATUS
0 Construction package complete (100%)
0 Package reviewed with Cocoa Beach for inclusion
to their paving program
0 Cocoa Beach recommended project be bid on its'
own (with N. Banana River Park)
FINAL COMPLETION
Pending City's direction on bid
package.
15128
99027
Entrance Road North
Banana River Park
0 Construction package complete (100%)
0 Question about water & sewer line extension to
Park, Needs verification from City
Pending City's direction on bid
package.
City-Wide Resurfacing
0 SSA to forward proposal to City for Area Maps (for
Piggy-backing with Cocoa Beach)
Proposal by 7/15/99
99055
Phase III Extensions
0 Designs 90% complete
0 City has submitted review comments back to SSA
0 Final redines being added to designs
Plans with be complete by Contract
Date of July 2, 1999
15102
99021
Boardwalk Design
0 Designs 100% complete
Pending City's direction on bid
package.
14194
98087
Stormwater Grant-Center
Street
0 City reviewing land at Tower Street for baffle box
location
Once location is finalized, about 3
weeks to complete.
15032
99013
Holman Reuse
0 100% complete
Pending City's direction on bid
package.
d:\civil\projects\cape\m-gardulski project status june 99.doc