Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet 09-01-1998
CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: City of Cape Canaveral OUNCIL REGULAR MEETING CITY HALL ANNEX Avenue, Cape Canaveral, Florida TUESDAY September 1, 1998 7:00 P.M. REVISED AGENDA PRESENTATION: Tim Fadul, Waste Management INTERVIEW: Joan Cate Grimes, Candidate for 1" Alternate Membership to the Beautification Board CONSIDERATIONS: 1. Motion to Approve: Employee Group Health Insurance Renewal, Florida Municipal Insurance Trust 2. Motion to Approve: Construction Administration and Inspection Services for Reuse System, Phase I 3. Motion to Approve: Equipment Mutual Aid Agreement between the City of Cape Canaveral and the City of Cocoa Beach. 4. Motion to Approve: Amended Transportation Impact Fee Disbursement Agreement with Brevard County for the SR AIA Pedway Project. 5. Motion to Approve: Purchase of Canon Digital Copy System in the Amount of $11,999, Utilizing State Contract g:\6tycHc\agendalregu1ar11998\09-01.98. doc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • FAX 1407! 799-3170 City Council Regular Meeting Agenda September 1, 1998 Page 2 ORDINANCE — FIRST READING: 6. Motion to Approve: Ordinance No. 25-98, Small Scale Comprehensive Plan Amendment; Radisson AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1998 AS PROVIDED IN CPA -S98-1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 7. Motion to Approve: Ordinance No. 26-98, Rezoning Request, R-3 to C-1; Radisson AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO C-1 (LOW DENSITY COMMERCIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A"; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 8. Motion to Approve: Ordinance No. 14-98, Relative Tree Point Values AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, SECTION 110-567(b), BY AMENDING THE RELATIVE TREE POINT VALUES FOR LANDSCAPING PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 9. Motion to Approve: Ordinance No. 27-98, Community Appearance Review; Compliance with Other Code Provisions AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REGARDING ARTICLE III OF CHAPTER 22, COMMUNITY APPERANCE REVIEW, BY AMENDING CODE SECTION 22-41, COMPLIANCE WITH OTHER CODE PROVISIONS, BY ADDING A DEFINITION SECTION; AND AMENDING SECTION 22-44, APPLICATION CRITERIA, BY REQURING A COLOR PHOTOGRAPH OF THE SITE TO BE SUBMITTED; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. \\Cape-nt\cityclerk\CityClk\AGENDA\REGULAR\1998\09-01-98.doc City Council Regular Meeting Agenda September 1, 1998 Page 3 10. Motion to Approve: Ordinance No. 28-98, Wireless Telecommunication Towers and Antennas, Providing for Revisions of the Administrative Uses and Regulating Nonconforming Structures AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ARTICLE IX, SUPPLEMNTARY DISTRICT REGULATIONS, BY AMENDING SECTION 110483, WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS, OF THE CODE OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR REVISIONS OF THE ADMINISTRATIVE USES AND AN ADOPTION OF PROVISIONS REGULATING NONCONFORMING STRUCTURES; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION: 11. Motion to Approve: Resolution No. 98-22, Amending the City of Cape Canaveral Employees' Pension Plan A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING THE CITY OF CAPE CANAVERAL EMPLOYEES' PENSION PLAN; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. REPORTS: 12. City Manager's Report CONSIDERATIONS CONTINUED: 13. Motion to Approve: Authorizing the City Manager to Apply for a COPS Fast Grant. R 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. \\Cape-nt\cityclerk\CityClk\AGENDA\REGULAR\1998\09-01-98.doc PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION TO SERVE ON CITY BOARD kpplicant Name: Home Telephone: Home Address: Business: Office Address: Business Telephone: Brief Description of Education and Experience: \i..l . �,,,;: r1u �a ,( ��,� - , 11 �C3aac�•h -, ac l r,, �— Are you a registered voter? Yes V No Have you been a resident of the City for 12 months or longer? Yes Do you currently hold a public office? Yes No -U--- Are Are you presently employed by the City? Yes No t✓ At the present time, do you serve on a City Board? Yes No No t-" At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother-in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister? Yes No V At the present time, do any of the following relatives of yours serve on any other City board, commission or special district: spouse, parent, child, grandparent or sibling of the whole or half blood? Yes No V Please specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) ✓ Beautification Board Board of Adjustment* Code Enforcement Board* Commercial Development Board Community Appearance Board* Construction Board of Adjustment & Appeals* Library Board Planning and Zoning Board* Recreation Board "Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of eo- year following the initial appointment while still a member of said Board. City of Cape Canaveral, Florida City Board Application Page 2 Please list what you feel are your qualifications to serve as a member on one of the City's Boards: I,(-,) n, Lr, - , �JL 1 4- L1111 , 1V 1, 1/_)11 1 ),L/,[.\ U �. 1�Ix 'A f1 ��'t-�- t r y � f/! -i.✓/ �1��'1 - Would you consider serving on another City Board other than the one(s) you have selected on the front of this form? Yes No (ter , CS Applicant's signature: �1�721 Al, -<a` Date: PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a brief interview before the City Council at -a regularly scheduled meeting. 2. Your application will remain effective for one year from the date of completion. 3. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920 Meeting Type: Regular Meeting Date: 09-01-98 AGENDA Heading Considerations Item 1 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: EMPLOYEE HEALTH INSURANCE RENEWAL, FLORIDA MUNICIPAL INSURANCE TRUST DEPT./DIVISION: ADMINISTRATION Requested Action: That the City Council consider the approval of the "GOLD" Plan as recommended by the city clerk. Summary Explanation & Background: See attached memo from city clerk. The union is in favor of the "GOLD" Plan. Staff recommends approval. Exhibits Attached: City Clerk's Memo of 08-26-98 City Man�ag�r Of rice Department ADMINISTRATION � f / 7 -fes g: /ad nciil/mee ng 9 - - /health. doe Memo Ta Mayor and City Council Frons Sandra Sims, City Clerk cc Bennett Boucher, City Manager Date: 08/26/98 Re: Employee Group Health Insurance Background The Florida Municipal Insurance Trust is eliminating the City's current PPO health insurance policy. Our current policy will automatically be replaced by their Point of Service (P.O.S.) Bronze Plan if the City does not select an alternative policy. On October 1, 1998, employee health insurance rates will increase from $175.46 ($77,904.24 annually) to $182.72 ($81,127.68 annually), a difference of $3,223.44. All other employee group insurance will not have a cost increase or policy change. Alternative and Automatic Insurance Coverage/Cost Comparison Plan Benefit Cost In Network Out of Network BRONZE Ma)amum out of pocket $182.72 $2,000 $3,000 Co -Pay In-patient $100 per day, 5 days $500, then 60% Outpatient 100% of covered exp. 60% of cov. Exp. Physician Services $20 Co -Pay 60% of cov. Exp. Preventative Care $20 Co -Pay Not Covered GOLD Ma)amum out of pocket $192.63 $1,000 $2,000 Co -Pay In-patient $100, then 100% $500, then 80% Outpatient 100% of covered exp. 80% of cov. Exp. Physician Services $10 Co -Pay 80% of cov. Exp. Preventative Care $10 Co -Pay Not covered 0 Page 1 City Council Memorandum Group Health Insurance Page 2 Full benefit/cost outlines are attached for your review. Reiterating, the group health cost for the Bronze Plan, the policy which will be automatically implemented if the City does not choose an aftemative, is $81,127.68. 1 am recommending the Gold Plan, at a cost of $85,527.72. The policy differences will unquestionably make a major positive impact on employee morale without a significant financial impression. The cost difference is $4,400.04. (General Fund - $2,992.03 and Sewer Fund $1,408.01) 0 Page 2 ° .. - Mr •pw, 4 4 Florida Municipal Insurance Trust Major Plan Benefit Calendar Year Deductible: Individual Family Maximum Out of Pocket: Individual Family Lifetime Maximum ♦ Inpatient Services ♦ Outpatient Services ♦ Emergency Room Services Preventative Care Routine Services Well Child Care Specialty Care OB/GYN Care Allergy Injections Surgical Expense Maternity Care In Network 0 0 $2,000 $4,000 $1,000,000 Hospital Services $100.00 Co -Pay per Day for days 1-5, then 100 % of covered expenses 100% of covered expenses $50.00 Co -Pay, then 100% of covered expenses Physician Services $20.00 Co -Pay $20.00 Co -Pay $20.00 Co -Pay $20.00 Co -Pay $20.00 Co -Pay $20.00 Co -Pay 100% $20.00 Co -Pay, 1 st Visit, then 100% Out of Network $500 $1,500 $3,000 $6,000 $1,000,000 $500.00 Deductible, then 60% of covered expenses 60% of covered expenses after deductible $50.00 Co -Pay, then 100% of covered expenses Not Covered 60% of reasonable charge 60% of reasonable charge 60% of reasonable charge 60% of reasonable charge 60% of reasonable charge 60% of reasonable charge 60% of reasonable charge Florida Municipal Insurance Trust Other Health Care Services In Network Out of N( ♦ Prescription Drugs $5.00 Generic Wholesale Pric (RX Net) $10.00 Brand less In Nets ♦ Mental & Nervous Disorder • Inpatient Services $100.00 Co -Pay, $500.00 Deduc (30 days per calendar year maximum) then 100% 60% of cov • Outpatient Services $20.00 Co -Pay, 60% of coverer (20 visits per year limit) then 100% $50.00 per $10,000 calendar year maximum $25,000 lifetime maximum ♦ Alcohol and Drug Dependency • Individual Visit $20.00 Co -Pay 60% of coverer ♦ Hospice Care 100% 60% of coverer (6 month maximum care) $6,000 lifetime maximum ♦ Home Health Care 100% 60% of coverer (60 visits per year maximum) ♦ Physical Therapy 100% 60% of coverer (40 visits per year maximum) $2,000 calendar year maximum ♦ Skilled Nursing Facility 100% 60% of coverer (75 days per year maximum) $10,000 lifetime maximum ♦ Chiropractic Services $20.00 per visit 60% of coverer (26 visits per calendar year) ♦ Routine X -Rays, Lab Tests, 100% 60% of covere, Diagnostic Services i All surgical procedures must be pre -certified. All non -emergency hospital stays must be pre -certified. v All Out of Network Benefits are covered at 60% of reasonable and customary charges, after the calendar year deductible has -*r All deductibles do not apply toward the annual maximum out of pocket expenses. e+ All In Network Co -Pays apply toward the annual maximum out of pocket expenses. 1 The hospital deductible for Out of Network confinement due to an emergency does not apply. (This is intended as a Summary of Benefits and does not include all of the benefits, limitation and exclusions of the plan. Complete terms of the plan are contained in the Master Plan of Bene P.O.S. Gold Plan Florida Municipal Insurance Trust Major Plan Benefit In Network Out of Network Calendar Year Deductible: Individual 0 $300 Family 0 $900 Maximum Out of Pocket: Individual $1,000 $2,000 Family $2,000 $4,000 Lifetime Maximum $1,000,000 $1,000,000 ♦ Inpatient Services ♦ Outpatient Services Hospital Services $100.00 Co -Pay, then 100% of covered expenses 100% of covered expenses ♦ Emergency Room $50.00 Co -Pay, then 100% Services of covered expenses Physician Services • Preventative Care $10.00 Co -Pay • Routine Services $10.00 Co -Pay • Well Child Care $10.00 Co -Pay • Specialty Care $10.00 Co -Pay • OB/GYN Care $10.00 Co -Pay • Allergy Injections $10.00 Co -Pay • Surgical Expense 100% • Maternity Care $10.00 Co -Pay, 1 s' Visit, then 100% $500.00 Deductible, then 80% of covered expenses 80% of covered expenses after deductible $50.00 Co -Pay, then 100% of covered expenses Not Covered 80% of reasonable charges 80% of reasonable charges 80% of reasonable charges 80% of reasonable charges 80% of reasonable charges 80% of reasonable charges 80% of reasonable charges Florida Municipal Insurance Trust Other Health Care Services In Network Out of Network ♦ Prescription Drugs $5.00 Generic Wholesale Price, less 10%, (RX Net) $10.00 Brand less In Network Co -Pay ♦ Mental & Nervous Disorder • Inpatient Services $100.00 Co -Pay, $500.00 Deductible, then (30 days per calendar year maximum) then 100% 80% of covered charges • Outpatient Services $10.00 Co -Pay, 80% of covered charges (20 visits per year limit) then 100% $50.00 per visit maximum $10,000 calendar year maximum $25,000 lifetime maximum ♦ Alcohol and Drug Dependency • Individual Visit $10.00 Co -Pay 80% of covered charges ♦ Hospice Care 100% 80% of covered charges (6 month maximum care) $6,000 lifetime maximum ♦ Home Health Care 100% 80% of covered charges (60 visits per year maximum) 11 ♦ Physical Therapy 100% 80% of covered charges (40 visits per year maximum) $2,000 calendar year maximum ♦ Skilled Nursing Facility 100% 80% of covered charges (75 days per year maximum) $10,000 lifetime maximum ♦ Chiropractic Services $10.00 per visit 80% of covered charges (26 visits per calendar year) $40.00 per visit maximum ♦ Routine X -Rays, Lab Tests, 100% 80% of covered charges Diagnostic Services All surgical procedures must be pre -certified. All non -emergency hospital stays must be pre -certified. All Out of Network Benefits are covered at 80% of reasonable and customary charges, after the calendar year deductible has been met. All deductibles do not apply toward the annual maximum out of pocket expenses. All In Network Co -Pays apply toward the annual maximum out of pocket expenses. The hospital deductible for Out of Network confinement due to an emergency does not apply. (This is intended as a Summary of Benefits and does not include all of the benefits, limitations, and exclusions of the plan. Complete terms of the plan are contained in the Master Plan of Benefits.) CITY OF CAPE CANAVERAL FLORIDA MUNICIPAL INSURANCE TRUST Rates Effective October 1, 1998 Current - PPO Renewal - POS Renewal Alternatives - POS Plans 1997-98 Rates Bronze * Gold Silver Employee $175.46 $182.72 $192.63 $188.70 Spouse $200.01 $208.29 $219.58 $215.10 Child(ren) $149.14 $155.31 $163.73 $160.39 1997-98 Rates 1998-99 Renewal With Medical Without Medical With Medical Without Medical Employee $17.00 $19.00 $17.00 $19.00 Dependent $25.00 $28.00 $25.00 $28.00 Family 1 $42.00 $47.00 $42.00 $47.00 ., :;: "•i LIFE & All&D INSURANCE �... ., .. :,. .,. .= ., 1997-98 Rates, per $1,000 1998-99 Renewal, per $1,000 Employee $.43 $.43 Dependent $1.50 $1.50 Family - - MEDICARE SUPPLEMFW,`�I STIRANCE' 1997-98 Rates 1998-99 Renewal Employee $161.00 $161.00 SIROR.T.T'ERM 0ISAH1,14, 'Y INSURANCE; 1997-98 Rates, per $10 1998-99 Renewal, per $10 Employee - I - * The Bronze Point of Service plan most closely resembles your current PPO plan. VISION €INSUCE 1997-98 Rates 1998-99 Renewal Employee $5.74 $5.74 Dependent $8.43 $8.43 Family $14.17 $14.17 MEDICARE SUPPLEMFW,`�I STIRANCE' 1997-98 Rates 1998-99 Renewal Employee $161.00 $161.00 SIROR.T.T'ERM 0ISAH1,14, 'Y INSURANCE; 1997-98 Rates, per $10 1998-99 Renewal, per $10 Employee - I - * The Bronze Point of Service plan most closely resembles your current PPO plan. Meeting Type: Regular Meeting Date: 09-01-98 AGENDA Heading Considerations Item Z No. Staff recommends approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES FOR PHASE I DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: That the City Council consider approval of construction administration and inspection services for reuse project phase I, as recommended by the public works director. Summary Explanation & Background: Funds will be allocated from expansion funds. A representative from Quentin L. Hampton and Associates will be in attendance to answer any questions. Staff recommends approval. Exhibits Attached: Public Works Director's Memo of 08-13-98 City Managcv,4 Office Department WATER RECLAMATION/PUBLIC i i WORKS '" r _._ \ ineeungi i »,ate-ui-"rnampton.aoe M E M O R A N D U M DATE: August 13, 1998 TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director RE: City Council Agenda Item for August 18, 1998 Approval of Construction Administration and Inspection for Phase I Reclaimed Water System Improvements by Quentin L. Hampton and Associates. The City of Cape Canaveral advertised for Engineering Inspection Services for phase II and III of the City's Reclaimed Water Construction project. RFP no 98-07 was published in the Orlando Sentinel, Brevard Extra once on Tuesday, May 5, 1998. Proposals were accepted until 3:00 on May 12. On.May 26, 1998 at 1:00 p.m., the Selection Committee reviewed the proposals at an open meeting held at the City Hall Annex. The ranking of the three engineering firms was presented to City Council on June 2. City Council approved the ranking and allowed City Staff to proceed with negotiations of a contract with the firm selected as number one, Quentin L. Hampton & Associates. On June 16, City Council approved the Contract between the City and Quentin L. Hampton. Attached is a copy of the additional services for administration and inspection for Phase I of the City's reclaimed water system improvements. This additional service is the result of City Council approving the construction Change Order No. 1 to Dial Communication, which extended the scope of reclaimed Water Phase I improvements. Funds are available though the SJRWMD matching grant approved by City Council. Recommend the approval of additional professional services from Hampton & Associates in the amount of $8,987. Attachment CC: Sandra Sims, City Clerk AUG.-1318(WED) 16:06 QENT1N L HAMPTON ASSOC TEL:904 761 3977 P. 003 CITY OF CAPE CANAVERAL RECLAIMED WATER SYSTEM IMPROVEMENTS We proposed the following manpower schedule for construction administration and observation. Description Man Hnurs j�e Cost Construction Project Manager 25 S70 $1,750 Director Construction Services 21 $43 $ 930 Administrative Aide 7 $28 $ 196 Subtotal (Construction Administration and $2,849 Observation) -Phase I Area Resident Service Durint Construction -Phase I Area We propose the following manpower scbedule for resident inspection services during construction. 11ml i 'on Man Hours R* cmi Constntction project Representative 95 $36 $3,420 Subtotal (Resident services during $3,420 coust action) -Phase I Area Final plcp&ration of Cites"AsoBuilt" Drawines-Phase I Area Note: Includes original plan preparation for some areas We proposed the following manpower schedule Description MRn Hours Rate fiat Drafting Technician 50 $43 $2,150 Copstn aon Project Representative 8 $36 $288 Project Manager 4 $70 $280 Subtotal "As -Built" Drawings -Phase F $2,718 Total Praiect Costs -Phase. G Contract Administration Resident Inspection As -Built Preparation TOTAL ; IT.7m $2,849.00 $ 3,420.00 $ 2,718.00 $ 8,987.00 Prepared by: QUENTIN L. HAMPTON ASSOCIATES, INC. -Consulting Engineers - August 13, 1998 Meeting Type: Regular Meeting Date: 09-01-98 AGENDA Heading Considerations Item 3 No. Mutual Aid Agreement AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: MUTUAL AID EQUIPMENT AGREEMENT WITH THE CITY OF COCOA BEACH DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council authorize the mayor to execute this agreement. Summary Explanation & Background: This was first introduced by Mayor Pro Tem Petsos. The city attorney and staff have reviewed it, and we recommend approval. Exhibits Attached: Mutual Aid Agreement City M�nag�r's Office Department LEGISLATIVE council/me' 'n / 1-98/mutualaid.doc 0AIWAIMWI 1.! o ►I I Wo THIS A is made this day of , 1998, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation, and the CI'T'Y OF COCOA BEACH, FLORIDA, a Florida Municipal Corporation, sets forth the terms and conditions under which the parties may provide mutual aid to each other by lending certain equipment defined herein. the parties are governmenal entities organized and operating under the laws of Florida; and NVEO REAS, each party owns a variety of Equipment with an accompaniment of accessories; and from time to time, one party may have a need to borrow the Equipment of the other parry under unusual, limited, or emergency circumstances and for short periods of time; and WHEREAS, the parties mutually agree to allow each other the ability to borrow its Equipment under the terms and conditions stated herein; and - WHEREAS, it is the intent and purpose of this Agreement to provide reciprocal benefits to both parties, as either a Borrower or Lender as the case may be; and WHEREAS, it is also the intent and purpose of this Agreement to encourage a spirit of cooperation between the parties for purposes of providing limited assistance to the unusual and emergency, Equipment needs of the parties; and WHEREAS, the parties believe that this Agreement is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral and the citizens of the City of Cocoa Beach. NOW I UEMRE, for good and valuable consideration in which the parties agree has been exchanged, atld for the mutual promises contained herein, the parties agree as follows: 1.: Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. Defiinitions. The following words and phrases contained in this Agreement shall have the meaning ascribed in this section unless the context clearly indicates otherwise. 2.1 "Agreement" shall mean this Mutual Aid Agreemerxt, as amended from tune to time, and any and all Certificate of Acceptances approved and executed by the parties pursuant to this Agreement. 2.2 "Borrower" shall mean either party to which Equipment is loaned under this Agreement. 2.3. "Certificate of Acceptance" shall mean a document executed by the parties which sets forth the basic terms of an Equipment loan transaction in accordance with this Agreement and stases, at a minimum, the date the piece(s) of Equipment is accepted by Borrower, the date the Borrower must return the piece(s) of Equipment to the Lender, the description (e.g. serial number, type) of the piece(s) of Equipment borrowed, the authorized signatures of both the Borrower and Lender which approve the transaction, and a description of any known deficiencies or damage of the pieces) of Equipment borrowed. An example of which is attached hereto as Exhibit "A". 2.4 "Equipment" shall include, but not be limited to, bucket truck, front-end loader, grader, backhoe, dewatering equipment, sewage pump, pick-up truck, dump truck, lighting trailer, portable welder, sewer camera truck, sewer jet truck, forklift, boom truck, equipment truck, slope mower, bush hog, tractor, wood chipper, mud hog, street sweeper, and any other similar piece of utility equipment and related accessories owned by a party subject to this Agreement. 2.5 " lender" shall mean either parry from which Equipment is borrowedunder this Agreement. 3. 5%hAMv Authnritq. This Amt shall be considered an Interlocal Agreement pursuant to Section 163.01, Florida Statutes. 4. . Borrower may request to borrow Equipment from the Lender pursuant to the following procedure: 4.1 Regi. Borrower agrees that it shall only request Equipment from the Lender under limited, unusual, or emergency circumstances. Borrower also agrees to provide reasonable notice to the Lender at such time it is requesting to borrow Equipment from the Lender. Upon receipt of a notice to borrow Equipment, the Lender shall, in good faith and within a reasonable time, notify the Borrower whether it can lend the Equipment.requested. The decision to lend Equipment shall be at the sole discretion .of the Lender. If Lender agrees to lend Equipment to the Borrower, the Lender shall prepare a Certificate of Acceptance to be executed by each party at the time the Equipment is accepted by the Borrower pursuant to paragraph 4.2 of this Agreement. 4.2Pick-up. Borrower agrees to make all necessary arrangements, at its own cost and expense, to promptly pick-up and transport the borrowed Equipment from whatever location designated by the Leader. At pick-up, the Borrower shall inspect the borrowed Equipment and (a) if fully satisfied therewith, execute the Certificate of Acceptance, or (b) notify Lender of the unacceptability of the borrowed Equipment, whereupon Lender shall not have any 2 responsibility to lend the Equipment requested. 4.3 $gip. Borrower shall return, at its own cost and expense, at the expiration of any Certificate of Acceptance executed by the parties pursuant to this Agreement, at the same location. in which the borrowed Equipment was picked -up or any other location mutually agreed to by the parties, the borrowed Equipment in good operating condition as required by Section 5.1 of this Agreement. If upon such expiration, the Borrower does not. immediately return the borrowed Equipment to the Lender, the Lender shall have the right to access any property to retrieve the borrowed EgWpment at Borrower's sole cost and expense. If Lenderrequires, for any reason whatsoever, any borrowed Equipment to be returned prior to the expiration of any Certificate of Acceptance, Borrower shall return the borrowed Equipment to Lender as the Lender requests in its sole discretion and pursuant to paragraph 4.3 of this Agreement. 5. MaintenaMe. and, QV=tion, and A1teratioas. Borrower agrees to maintain, and use, any Equipment borrowed from Lender as follows: 5.1 MV intpnance. While Borrower is in possession of Lender's Equipment, Borrower, at its own cost and expense, shall maintain that Equipment in good operating condition, repair, and appearance, and protect same from deterioration other than normal wear and tear. 5.2 Operation. Borrower shall use the borrowed Equipment in the regular course of its business .only, within its normal capacity, without abuse, and in a manner contemplated by the Equipment manufacturer. 5.3 FUta�rication. ' .Borrower agrees to return the borrowed Equipment to the Lender with fuel and lubrication levels equal to, or greater than, those levels at the bine Borrower took possession of the borrowed Equipment. 5.4 L tier's Qmradon. If Borrower requests that Lender supply its own employee to operate the borrowed Equipment, Lender agrees to provide the operator at no cost for a maximum of three (3) hours; however, for all time beyond three (3) hours, Borrower agrees to pay to the.Lender $20.00 per hour for the use of an operator during normal worldng hours and $30.00 per hour for the use of an operator during other hours. Borrower's use of are operator supplied by the Lender shall be limited to four (4) incidents annually, unless otherwise agreed to by the Lender for emergency and unusual circumstances. 6- Alt Borrower shall not make any replacements, modifications, alterations or additions to the borrowed Equipment without the written consent of the Lender, except for repairs and n aintenance pursuant to paragraph 5.1 of this Agreement. All replacements, modifications, alterations, or additions shall accrue to the borrowed Equipment and become the property of the L.euder and shall be conducted in accordance with the mmnufacturer's recommendations and contract, if any. M 7. Trained Personnel Borrower agrees that it shall only permit its employees to operate Lender's Equipment in the normal course of the Borrower's business and that all employees using the borrowed Equipment shall have proper training and experience in operating the Equipment. S. Loss, Thefts or Vandalism. In the event of loss, theft, or vandalism to any borrowed Equipment, in whole or in part, the Borrower shall promptly. notify the bender and at the Lender's option shall: (a) If the Lender determines that the borrowed Equipment is repairable, place the Equipment in good condition and working order; or (b) If the Lender determines in its discretion that the borrowed Equipment is beyond repair, the Borrower shall replace the Equipment with like Equipment in good condition and working order and furnish the Lender with necessary documents to vest good and marketable title thereto in the Lender; or pay to the Lender, within forty-five (45) days of notification, a sum equal to the fair market value of the borrowed Equipment at the time the Borrower took possession of the borrowed Equipment. 9. Warranties. The Lender makes no warranty, directly or indirectly, express or in phed, as to any piece of borrowed Equipment or any part tbereof, as to its durability, condition, merchantability, or fitness for a particular purpose. 10. Indemnification. Lender shall in no way be liable or responsible for any accident or damage that may occur in the operation, repair, or maintenance by Borrower of any Equipanent borrowed under this Agreement, and Borrower shall fully indemnify, defend and hold harmless the Lender and its employees and officers against the full amount of any claims, liabilities, actions, suits, proceedings, payments, assessments, judgments, losses, damages, costs and expenses (including interest, penalties and reasonable attorney's fees) claimed against Lender in any way arising out of the operation, repair, storage, possession, transportation, and maintenance of any of Tender's Equipment by Borrower and its servants, agents, officers, or employees. 11. SnvereiQn�.mity. Nothing contained in this Agreement shall be construed as a waiver, by either party, of the right to sovereign immunity or other limitations imposed by Section 768.28, Florida. Statutes. 12. fig. The parties agree to obtain and maintain throughout the term of this Agreement, insurance coverage to cover, at each party's own cost and expense, any risks of loss, theft, or damage from every cause whatsoever to any Equipment borrowed under this Agreement while such Equipment is under Borrower's control and possession. In addition, such insurance shall also cover the liability of each party for public liability and property damage for any incident occurring as a result of a party's use of the other party's Equipment. 4 13: Entbre AgXCCU1g= This Agreement represents the entire and integrated Agreement between ' the parties and supersedes all prior negotiations, representations, or agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 14. A orneys-Yets-and Costs, Should litigation arise concerning this Agreement between the parties hereto, the prevailing party shall be entitled to an award of attorney's fees and costs against the non -prevailing party, including appellate proceedings. 15. Gamemi g Law and Venule. This Agreeant shall be governed by the laws of the Stall of Florida. The parties hereto agree that for purposes of state court action, venue shall lie within Brevard County, Florida, and for purposes of federal court action, venue shall lie within Orlando, Florida. 16. Severability: If any section, subsection, sentence, clause, phrase, or portion of this Agreement is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision. Such holding shall not affect the validity of the remaining portions of this Agreement. 17. tQJi- All notices, consents, requests, instructions, approvals, deliveries of invoices and receipts and other communications provided for herein shall be validly given in writing, or as otherwise provided, if to the City of Cape Canaveral, to: Cape Canaveral Public Works Director 600 Tower Boulevard Cape Canaveral; Florida 32920 and if to City of Cocoa Beach, to: Cocoa Beach Public Works Director 1600 Minutemen Causeway Cocoa Beach, Florida 32931 1S• _)YAb=, - Failure of the one party to insist upon performance by the other party of any provision contained in this Agreement within any time period shall not act as a waiver of the one party's right to later claim a failure to perform on the part of the other party. 19. Tftic tQ 'nmeM_t. Borrower agrees that the ownership of any Equipment borrowed from the Tender shall remain the -property of Lender and that Borrower shall tot sell, mortgage, assign, transfer, lease, loan, part with possession of, or encumber any such Equipment, or permit any lien to be filed thereon. 20. Teerm na&m; Any Party may. terminate this Agreement, at any time and for any reason, by Providing three (3) days written notice to the other party. In the event this Agreement 5 is terminated; the Borrower shall promptly return any of Lender's Equipment in Borrower's control and possession regardless of any return date contained in a Certificate of Acceptance and Borrower shall fulfill any remaining obligations arising out of this Agreement. 21. Comnensadmn. Any Equipment borrowed pursuant to this Agreement shall be at no cost to Borrower, unless otherwise provided herein. ATTEST: ULIP,A �_L, c Sa&ra O -Sims,- iT'Y' CLERK ATTEST: 2 CITY OF CAPE CANAVE=RAL By: Rocky Randels, MAYOR CITY OF COCOA BEACH By: Jo " R:. Morg , MAYOR ]ETT °A" We, the Lender and Borrower, hereby certify that the following Equiprnent is being loaned pursuant to the Mutual Aid Agreement dated between the parties Hereto. I. Borrower: 2. Lender: 3. Date of Acceptance: / I 4. Date of Return: 5. Description of. Equipment being loaned-- 1. oaned: 1. Type(s) of Equipment: 2. Identification/sekial number(s): 3: Deficiencies, if any: BORROWER: Print Mame: AUTHORIZED SIGNATURES: Print Name: Date: Date: Meeting Type: Regular Meeting Date: 09-01-98 AGENDA Heading Considerations Item 4 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: AMENDED TRANSPORTATION IMPACT FEE DISBURSEMENT AGREEMENT WITH BREVARD COUNTY FOR THE SR AlA PEDWAY PROJECT DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council authorize the mayor to execute the amended agreement. Summary Explanation & Background: Upon approval, would cause the county to disburse $32,821 for change orders associated with the SR AIA pedway project. All the change orders have been permitted by FDOT except the (3) areas being worked on. The funds will be remitted to the Canaveral Port Authority to process these change orders. I recommend approval. Exhibits Attached: Amended Agreement City MergerOffice Department LEGISLATIVE -- ncil/meetin 199 - hnipactfee.doc BREVAR BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST August 21, 1998 Bennett Boucher, City Manager City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920-0326 Dear Mr. Boucher: I have enclosed a copy of the amended transportation impact fee disbursement agreement for the State Road A1A pedway project. Please have this agreement executed on behalf of the City of Cape Canaveral and return it to me. I will present to the Board of County Commissioners at the September 15th regular meeting. Following execution by the Board, I will have the agreement recorded and return a certified copy of the fully executed, recorded agreement for your records. Thanks for your assistance. If you have any questions, please call me. Sincerely, Stephn . Swanke, AICP Planner II enclosure Brevard County Planning and Zoning Office Telephone (407) 633-2069 2725 Judge Fran Jamieson Way Fax: (407) 633-2074 Viera, Florida 32940 Meeting Type: Regular Meeting Date: 09-01-98 AGENDA Heeding Considerations Item 5 No. Public Works Director's Memo of 08-25-98 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PURCHASE OF CANNON DIGITAL COPY SYSTEM DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: That the City Council consider the purchase of this Cannon copier as requested by the public works director. Summary Explanation & Background: See attached memo from the public works director. This is a state contract item; funds are budgeted. I recommend approval. Exhibits Attached: Public Works Director's Memo of 08-25-98 City rte Office Department WATER RECLAMATION/PUBLIC WORKS Lg:/ 4- meet /199 /copier.doc M E M O R A N D U M DATE: August 25, 1998 TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director SUBJECT: City Council Agenda Item for September 1, 1998 GSA Purchase of a Digital Copy Machine in the amount of $11,999 The copy machine located at the Public Works Facility is in need of replacement. This unit is over 10 years old and it is not feasible to continue the annual maintenance contract. Attached is a summary of an Analog and two Digital copy machines reviewed. Due to the new technology of the Digital type machine, the Department decided to have an in-house demo of the digital machines. During the week of August 17, the Department had an opportunity to demo a Cannon GP20OF from Ikon Business Solutions, located in Melbourne. A second vendor was not able to meet the evaluation time period due to the availability of a demo unit. Hence, the vendor withdrew the offer to supply a demonstration machine. The scope of demonstration was to evaluate the quality and operation under office conditions. In addition, it was an opportunity to determine the compatibility of networking the equipment with the City's current computer LAN network. Operational wise the Cannon GP20OF was superior. The functional test was great. The equipment had a wide range of functions such as printing, faxing, and acting as a network printer from each computer workstation. This unit may be purchased under the GSA Contract #GS -26F - 1016B, hence, the bidding process may be waved with Council approval. Funds have been budgeted and are available within the Enterprise Fund. Recommend the approval of a GSA purchase of the Cannon copy machine from Ikon Business Solutions in the amount of $11,999 and to waive the bidding process. Attachment COPY MACHINE COMPARISON PUBLIC WORKS DEPARTMENT As of April 17, 1998 Researched and Prepared by: Karen Pappas Copy MachComparison.xls Minolta EP2080 Ricoh Aficio 200 Cannon GP20OF Type Analog Digital Digital Resolution 400 X 400 dpi 600 X 600 dpi Speed 28 ppm 20 ppm 20 ppm Max Paper Size 11" X 17" 11" X 17" 11" X 17" On -Board Paper Trays 4 ea 550 -sheet 3 ea 500 -sheet 6 ea 500 -sheet 1 ea 50 -sheet by-pass 1 ea 100 -sheet by-pass 1 ea 50 -sheet by-pass Automatic Duplexing Yes Yes Yes Auto Sheet Feeder Yes Yes Yes Zoom 50%-200% 25%-400% 25%-800% Finisher 20 -bin stapler/sorter/3 hole Stapler/sorter 10 -bin stapler/sorter Network Compatibility No Yes Yes Fax Capability No Yes Yes Scanning Capability No Yes - must purchase Yes - must purchase additional accessories additional accessories Purchase Price $5,297 $8,534 $11,399 State Contract#600-380-97-1 GSA Contract#GS-26F-1 01 5B GSA Contract#GS-26F-1016B Installation Cost $0 $90 $600 Demo Available Yes Yes Yes Monthly Maint Cost $61.69 - 15,000 Copies $34 - 2000 Copies $116 - 5000 Copies Includes Toner $.0041 Additional Copies $0.0058 Additional Copies $0.0232 Additional Copies Researched and Prepared by: Karen Pappas Copy MachComparison.xls Investment Options, Option A includes: ♦ GP200F ♦ 20 Prints per Minute ♦ 50 Sheet Recirculating Document Feeder ♦ Unlimited Duplexer *Unlimited 10 Bin Staple -Sorter *Surge Protector Expansion Boards: Network Interface Board E -3-E G-3 Fax Board C -I (9 MG Memory) Multi PDL Board B -I Options: CassetteFeeding Unit -$1,414.00 Interface-Board(Scanning)-$];132.00— �//,3 99 Maintenance GP20OF add itionals @6 $.022 ea $ 222.00 L6 10,000 copies GSA Contract#GS-26F-101 6B Installation $ 600.00 GP200/GP200F Connectivit, scan Fax Print Co Py Scanning of hard -copy originals Scanning is quickly becoming a necessity as organizations inte- grate paper-based information with electronic information for shared access across the enter- prise. With a scanning expansion board, your GP200 or GP200F has the ability to scan and file hard -copy originals. You can also scan images to workstations in industry -standard file formats, enabling you to import images to your document or file at high speeds with high resolution. S u b d i r e c t o r Server ScanI Client PC Workstation Client PC Client PC Through Canon's support of indus- try -standard ISIS" scanner inter- face technology, both systems support more than 120 of the most popular imaging applications. Whether you're looking to integrate the GP200 or GP200F into an existing imaging environ- ment or build a turnkey system through Canon -provided software, Canon has the solution. For every board, a CPU Instead of relying on a single Central Processing Unit (CPU) to handle all functions, each expansion board has its own CPU. This not only optimizes the specific function, but also allows processing of multiple jobs simultaneously. In addition, this design recognizes the critical nature of your networked requirements by offering redun- dancy, which eliminates the possibility of experiencing a total system failure. THE CANON GP20OF DIGITAL SYSTEM ADVANTAGES AS A PRINTER • 20 Prints Per Minutes ♦ 4 times faster than current shared printers, less waiting, more efficiency!! • Optional Duplexing ♦ Produce finished documents while saving 50 % of paper usage! • Finishing Capabilities ♦ Produce finished documents including multiple sets form the desktop. Increase efficiency by eliminating steps in document production (`sneaker -net")!! • Print on Paper Sizes Up to 11 x 17 ♦ Direct readable output of large layouts, spreadsheets and engineering documents with not additional steps!! • Large Paper Supply ♦ Up to six paper sources accessible from the desktop. No need to waste time manually changing cassette, auto switching option if paper runs out! • Cover Page Mode ♦ Allows separate paper sources for front and back page of documents. Produce documents with your letterhead as the first page with no manual intervention! ADVANTAGES AS A COPIER • Digital Process ♦ Every copy is an "Original"!! • 600 DPI, 256 Gradation ♦ High output quality, better results from documents containing text and graphics!! • Artificial Intelligence Technology ♦ Improves poor originals! Optimizes contrast, reducing waste by eliminating guesswork, especially when copying color backgrounds, high density backgrounds and low density text. • Auto Image Orientation ♦ Eliminates waste caused by selecting the wrong cassette. More paper size flexibility and saves time!! THE CANON GP20OF DIGITAL SYSTEM (cont.) ADVANTAGES AS A FACSIMILE • Send and Receive up to 11 x 17 ♦ Send and receive large documents without having to reduce them first! Improving legibility and reducing paper waste!! • 50 Sheet RDF • User Selectable Duplex Option • Ultrafine Resolution • 10 mb RAM • Auto On/Off ♦ 2 second scan reduces time wasted waiting, eliminates the need to separate long documents! Can automatically transmit different sized originals!! ♦ Duplexed originals, books, and fragile originals can all be transmitted without having to make copies first, reducing paper waste!! You can force your receptions to be duplexed and save paper usage 50 W! ♦ 600 x 600 DPI Resolution, 256 Gradations for better detail and legibility! ♦ Memory reception up to 628 pages!! ♦ Stores incoming faxes while engine is turned off! Saves energy! Meeting Type: Regular Meeting Date: 09-01-98 AGENDA REPORT AGENDA Heading Ordinances — 1" Reading item 6 No. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 25-98, SMALL SCALE COMPREHENSIVE PLAN AMENDMENT FOR RADISSON HOTEL DEPT./DIVISION: LPA/GROWTH MANAGEMENT Requested Action: That the City Council consider approval of this small scale comprehensive plan amendment at first reading. Summary Explanation & Background: The Local Planning Agency recommended this small-scale comprehensive plan amendment at their 08-26-98 meeting. The subject parcel is 4.66 acres and is adjacent to the Radisson property. This change is from R-3 to C-1 on the future land use map. City Planner Todd Peetz conducted the attached data analysis and staff is also recommending approval. Exhibits Attached: Ordinance No. 25-98; Staff Report; Application City gerl Office Department LPA/GROWTH MGMT. counciil/meeti g/1498/ c M E M O R A N D U M Date: August 27, 1998 To: Bennett Boucher, City Manager From: G. J. Moran, CBO, Building Official Re: Proposed Ordinances 25-98 and 26-98, Small Comp. Plan Amendment - Radisson JZesort The Local Planning Agency reviewed the above proposed ordinances and request to rezone a portion of Parcels 750 & 754 from the existing R-3 to C-1 for the expansion of the Radisson Resort. Mr. Firkins, representative for Cevesco, Inc., property owner, informed the Board that Mr. Baugher, applicant, had a binding contract to purchase the property if the City approves the rezoning request. By unanimous vote, the Local Planning Agency recommended approval Please schedule this request on the next City Council meeting agenda. copied to: Sandy Sims, City Clerk /slc "M ty of Cape Canaveral FF REPORT i.ocai riammng agency, �-ity of Cape Canaveral. FR: Steven E. Bapp, Planning and Zoning Technician. Re: Small Scale Comprehensive Plan Amendment CPA -S98-1. Mr. Robert Baugher requests approval of a Small Scale Comprehensive Plan Amendment (CPA -S98-1). CPA -S98-1 changes vacant property located on parcels 750 & 754 (Sec 15, T24S, R37E) from R-3 to C-1. The applicant has paid all fees for this request. Staff recommends approval. Cc: Whitey Moran, CBO, City of Cape Canaveral File 105 Polk Avenue • Post Office Bog 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 9 FAX (407) 799-3170 • httpJ/fen.state.fl.us/cape/ ORDINANCE NO. 25-98 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1998 AS PROVIDED IN CPA -S98-1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.3161 et. seq., Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Department of Community Affairs; and WHEREAS, in October, 1988, the City of Cape Canaveral, Florida, adopted the 1988 City of Cape Canaveral Comprehensive Plan, hereafter referred to as the 1988 Plan; and WHEREAS, Sections 163.3184 and 163.3187, Florida Statutes, established the process for the amendment of comprehensive plans pursuant to which the City of Cape Canaveral has established procedures for amending the 1988 Plan; and WHEREAS, the City of Cape Canaveral applied for a small scale comprehensive plan amendment (hereafter referred to as "Amendment", and attached hereto as Exhibit "A" and incorporated herein by reference), effecting a parcel of land, less than 10 acres, for adoption in the calendar year 1998 as a single amendment; and WHEREAS, this Amendment will not cause the City to exceed its yearly maximum of 60 acres of small scale amendments; and WHEREAS, on , 1998, the Planning and Zoning Board and the Local Planning Agency, in accordance with the procedures in the Cape Canaveral Code, held a duly noticed public hearing on the proposed Amendment and considered findings and advice of the city staff, citizens, and all interested parties submitting comments, and recommended to the City Council that the 1988 Plan be amended and that the Amendment be submitted to the Department of Community Affairs; and City of Cape Canaveral Ordinance No. 25-98 Page 2 WHEREAS, the City Council of the City of Cape Canaveral is hereby electing to proceed under the single -hearing adoption process pursuant to Section 163.3187(1)(c)(4), Florida Statutes; and WHEREAS, on , the City Council held a duly noticed public hearing on the proposed Amendment and considered findings and advice of the city staff, citizens, and all interested parties submitting written and oral comments, and the recommendation of the Local Planning Agency, and upon thorough and complete deliberation, approved the Amendment, for submittal to the Department of Community Affairs; and WHEREAS, the Amendment adopted by the Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference, SECTION 2. Authority. This Ordinance is adopted in compliance with, and pursuant to the Local Government Comprehensive Planning and Land Development Regulations Act, Sections 163.3184, 163.3187, and 163.3189, Florida Statutes. SECTION 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the 1988 City of Cape Canaveral Comprehensive Plan. SECTION 4. Adoption of Comprehensive Plan Amendment. Pursuant to Small Scale Comprehensive Plan Amendment CPA -S98-1 to the 1988 Comprehensive Plan, the City of Cape Canaveral future Land Use Map is hereby amended as specifically provided in Exhibit "A", attached hereto. SECTION 5. Effective Date and Leeal Status of the Plan Amendment. The effective date of this small scale development plan amendment shall be thirty-one (3 1) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), Florida Statutes. If challenged, the effective date of this Amendment shall be the date a final order is issued by the Department of Community Affairs or the Administration Commission, finding the Amendment in compliance with Section 163.3184, Florida Statutes. No development orders, development permits, or land uses dependent on this Amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this Amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of this Amendment, the comprehensive plan amendment stated in Section 4 shall amend the 1988 City of Cape Canaveral Comprehensive Plan, as amended. 11CAPE-Nllci yclerk\CilyCIMOrdmanceslZONING\Redrawn Comp Plan Amdt.DOC City of Cape Canaveral Ordinance No. 25-98 Page 3 SECTION 6. Transmittal to Department of Community Affairs. The City Manager is hereby designated to sign a letter transmitting this small scale development amendment to the Department of Community Affairs, in accordance with Section 163.3187(1)(c)(4), Florida Statutes, and Section 9J-11.015, Florida Administrative Code. SECTION 7. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict or inconsistency. SECTION 8. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such section shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. SECTION 9. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the day of , 1998. Rocky Randels, MAYOR ATTEST: Sandra O. Sims, CITY CLERK NAME FOR AGAINST BRUNS APPROVED AS TO FORM: HERNANDEZ PETSOS Kohn Bennett, CITY ATTORNEY SALAMONE RANDELS _ Posted: Published: (LPA) (CoQ) Hearings: LPA: Councillst hrg: Public Hearing: \\CAPE-Nllcityclerk\CityClkAOidinances\ZONING\Radisson Comp Plan AmdLDOC City of Cape Canaveral Proposed Small Scale Plan Amendment 985.1 Applicant: Location: Acreage: Current Future Laud Use: Proposed Future Land Use: Current Zoning: City of Gape Canaveral Range: 37 Township: 24 Section: 15 Paroel(s) Portions of 750 and 754 4.66 acres Residential R-3 Commercial C-1 Residential R-3 Description of Amendment Area: The subject parcel is presently vacant. The subject parcel is located approximately 800 feet west of State Route Alk It is situated adjacent to existing commercial (east and south boundaries), and vacant R-3 multi -family residential (west and north). The Future Land Use and Zoning designations portray a similar pattern as the existing uses. There is "R-3" (Duplex/Multi-Family a maximum of 15 dwelling units per acre), to the north and west. There is "C-1" (Commercial: zoning regulations impose a variety of requirements, depending upon type of use), to the east and south. The subject parcel is 4.66 acres and is an extension of the existing commercial area that would be to a consistent depth to the south. This parcel would be utilized as an extension to the existing Radisson Resort. The parcel would not encroach into any established residential areas. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (1) acre of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist with 9,492 residents in Cape Canaveral. This equates to almost 3 acres of park land per 1,000 residents. State Route AIA is operating at Level of Service "C" with 1,858 peak hour trips. The maximum peak -hour volume acceptable is 2,940 representing a LOS of "E". The proposed change could potentially generate 180 peak hour trips per day and would not create a traffic deficiency. City of Cape Canaveral Proposed Small Scale Plan Amendment 98S.1 Applicant: Location: Acreage: Current Future Land Use: Proposed Future Land Use: Current Zoning: City of Cape Canaveral Range:37 Township: 24 Section: 15 Parcel(s) Portions of 750 and 754 4.66 acres Residential R -3 - Commercial C-1 Residential R-3 Description of Amendment Area: The subject parcel is presently vacant. The subject parcel is located approximately 800 feet west of State Route A1A. It is situated adjacent to existing commercial (east and south boundaries), - and vacant R-3 multi -family residential (west and north). The Future Land Use and Zoning designations portray a similar pattern as the existing uses. There is "R-3" (Duplex/Multi-Family a maximum of 15 dwelling units per acre), to the north and west. There is "C-1" (Commercial: zoning regulations impose a variety of requirements, depending upon type of use), to the east and south. The subject parcel is 4.66 acres and is an extension of the existing commercial area that would be to a consistent depth to the south. This parcel would be utilized as an extension to the existing Radisson Resort. The parcel would not encroach into any established residential areas. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (1) acre of park land per 1,000 residents. Approximately fourteen (24) acres of park land exist with 8,492 residents in Cape Canaveral. This equates to almost 3 acres of park land per 1,000 residents. State Route AIA is operating at Level of Service "C" with 1,858 peak hour trips. The maximum peak -hour volume acceptable is 2,940 representing a LOS of "E". The proposed change could potentially generate 180 peak hour trips per day and would not create a traffic deficiency. The City of Cape Canaveral provides waste water treatment. The waste water treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.1 MGD with an excess capacity of .7 MGD. There is adequate waste water treatment capacity available. The City of Cocoa has a capacity of 56 MGD and currently provides 46.5 MGD. Approximately 9.5 MGD_ of water is available. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The subject parcel is vacant; however, it has been improved and is located adjacent to existing_ development. There are no wetlands, floodplains or aquifer recharge soils or conditions associated with the subject parcel. The Brevard County Soil Survey Map has categorized the subject parcel as "Ur" - Urban Land and "Ca" - Canaveral Complex, gently undulating. The parcel is 4.66 acres and there are no known endangered species identified on site or in the area adjacent to the subject parcel. Historical and Archaeological Resources in Amendment Area: There are no known historic or archaeologic sites located on site or in the area surrounding the subject parcel. Population Projections and Trends: The proposed amendment will potentially eliminate a maximum of 70 dwelling units from the barrier island. This could equate to approximately 150 persons but should not have an adverse impact on population projections. Consistency with the Comprehensive Plan: This amendment is consistent with the following Comprehensive Plan Objectives: Future Land Use Element Vbjective LU -1: The City shall coordinate future land uses with the appropriate topography, soil conditions, and the availability of facilities and services. " The proposed amendment is within acceptable level of services standards and does not impact existing environmental conditions. 'Objective L U-3: The City will work toward the elimination or reduction of uses inconsistent with the community's character and future land uses. " The proposed amendment is not an incompatible use with existing commercial and residential uses. There is no existing residential adjacent to the proposed amendment parcel. This amendment would represent an extension of the existing C-1 commercial area. The extension of the commercial boundary is to the same depth of commercial to the south of the subject parcel. objective LU -9: The City shall enforce its regulations for protection of natural resources and historic resources " As describe above, there are no known historic or archaeological sites on-site. There are no detrimental environmental conditions observed on-site. ''objective LU -6: The City shall attempt to prevent urban sprawl. " The City encourages the infill of vacant parcels. The amendment would establish a consistent boundary of commercial depth with a full array of public services. FRI' �`� .•,,i% moi, . � ��� ��� 310 W—RA Q BANANA RrVER j2 E7 - m I 'r-. to C1 C0hUAMC3AL C2 MMMMCLMAWAHACrUMG YM MOUSTMAL M FMMENUAL R3 MWENTUL PUS FUBUC�HCRZA770N Antm ARCHAELOGIC-All. Srm QQQ JU R2 QQQ SCALE: 0 Soo 1000 ITY OF CAPE CANAVERAL OOAL COMPREHENSIVE PLAN ITURE LAND USE MAP gure 7-3 X3 R3 ATLANnC OCTAN SMALI SCALIE PLAN AhfflEKDfm= CPA 9652 Ivey, Harris & Walls, Inc. PLO"" I SCAPE AACHrEC13 City df Cape Canaveral Building Department "DATE FILED_Df> R / (Please Print Legibly or Type) RECEIVED BY —98 FEE PAID s ? 5_0 _ �0 DEPOSIT S 250.00 FILING FEE IS NON -REF tNDABLF- NATURE OF REQUEST SPECIAL EXCEPTION VARIANCE _Y REZONING APPEAL CODE AMENDMENT (IF REQUEST IS FORA TELECOMIY(UNICATIONS TOWER ATTACH SHEET' OF TOWER APPLICATION) DESCRIPTION OF REQUEST (Insure that the specific sections of the Zoning Ordinance that allow & support your request are noted) (Attach separate sheet if necessary) We arP rP ;nest i n a a zoni nCl change from an 3 to a C-1 for the land attached boundary survev We are also requesting acne land. Addressofrequest g a r3 issnn R t Ca e CanaveralFL 32920 Legal Desc. LOT BLK. SUB. TWP. q S- Range 3 7 Fast STATE�I'IENT OF FACT: State of Florida, County of Brevard; I, 1R n hP r t A R a u qh P r, being duly sworn, depose and say that: I am the owner. Y_ I am the owner's designated agent.(Attach notarized letter of authorization) Owner's Name CevPGc-o TNQ. Address _� i i ra.c;t Ci ryCane Cana rural State FL Zip Home Phone -9 _� R � _ 31 1-6 Work Phone ;�r' 7 8 3 — 3116 Other 3292 (If other than owner) Applicant's Name Robert A. Bau her Address 2 1 0 S At 1 ant i r AveCiry Cocoa Beach State FT, Zip Home Phone R Work Phone T 7 R d_ 9 l f2 Other All information, sketches and data contained and made part of this request, are honest and true to the best Of my knowledge and belief. Sworn tq and subscribed before m ot"ar °&B Deborah L. Knig(tt �? this % day o f Jv i 19 9 8' a "Notary Public, State cf Florida ' ' o CcmmLssion No. CC 388 / cfa°P My CommissionExFiresG8.0 igratureofAppli int 14100.3.NOTARY. Fly. Nauy $Kvie� 4 Ea►; , a :o. Y! Notary Public, Sta a of orida - ----------------------------------------- The completed request form and the S250.00 filing fee must be filed as follows: Requesu for Variances and Special Exceptions (Excepting Telecommunication Towers) , 14 days prior to the Planning & Zoning Board Meeting; request for rezoning, 30 days prior to the Planning & Zoning Board meeting; Request for Telecommunications Towers, sixty days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the reouest is heard by the Planning & Zoning Board. (A deposit may be required, see code section 110-92 for applicability) FOR CITY USE ONLY Notice of Public Hearing Published in Newspaper on Notice to applicant by Certified Mail No. Notice posted on Bulletin Board on on Notice posted on subject propery on Prop. owners within 500 ft. notified on - i BUILDING & PUBLIC SAFETY DEPARTIMENT 5 C' CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR PUBLIC HEARING FOR A CHANGE OF LAND USE REQUEST TO AYIEND THE COMPREHENSIVE PLAIN This application, together with ALL REQUIRED EXI-HBITS, shall be completed and filed with the zoning division prior to the cstablished fling deadline for the Public Mheating before the Planning and Zoning Board. A COMPREHE�(SIVE PLAN AENDMEYi' DOES NOT ENTITLE THE OWNER TO A DEVELOPMENT PER,.IIT. TYPE or PRM the following information (TO BE COMPLETED BY APPLICANT) Addre(s): ca ,PG,,,,, Tnr- Applicant: RnhPrt- A RauShar Address: p_ _ Rr,Y A F R 3 Address: 9? 1 n S. A t- l a n} i c A rc City: Cane CanavPr,15tate:_FT, C'rY: r'1, -)a Rpar,y, Stale: FT, Zip Code: 3 2 9 2 0 Phone: 7 p-�_,; 1 1 F Zip Code:A_ l Phone TYPE OF REQUEST 7 R 4_ T R y_Change to the Text of the Comprehensive Plan — Comprehensive Plan EIement:_T.a n rl neo a T oma n t Changc to an Existing Provision: lh�cr•.i�ro T,TT_� iCcc Attach proposed wording, reasons, and appropriate data and analyses to support the requested change. YY Change to the Zoning Map Existing Zoning Designation: _ Requested Zoning Designation C, 1 Attach rcasons for requested chane. ---_Chan zc to the Future Land Use tap Existing Future Land Use Designation: Requested Future Land Use Designation: Attach reasons for requested change. LOCATION Section:_ 1 Township:94 qn11+.h Ranee:_ '97 F.a(;f- Block: Lot/Parccl: n; }tort rt= rr_vls `150 $ l5 Total Acteazc: 4 . 66 F Subdivision: Overall Dimensions:__c;pRntry Cil Location and Distance from Nearest Public Road(s)- mi, _ L t __ . tn ' REQUIRED EXHIBITS X-X_The complete legal description (and the tax identification number) of the property or portion thereof that the arne:ndmcnc is being requested for, typed on a separate sheet of paper. An error in the legal des delayed at the owner cription will result in the request being %applicant's expense. g X_A certified survey of the subject propene. A County Property Appraiscr's map describing the exact partel in lieu of a survev in certain instanc-ts. may be acc;pced XX__A Cbunry Property Appraiser's map identifying the subject property and all of the owners located within 500 fc:c of the boundaries of the subject property. x)L_A list of names and addresses of all of the property owners located within 500 feet of the boundaries of th4 subjcct property and keyed to the County Property Appraiser's map. X�L_A copy of the most recent recorded Warranty Decd. X_�L_Noiarizcd statements from all property owners listed on the Warranty Deed who arc authorizing someone other than themselves to act on their behalf as the applicant. Signature OfStaff member discussing proposed action with the Applicant: ' The undersigned understands that this application must be completc and accurate prior to advertising a public hearing: STATE OF COUNTY OF !, being first duly sworn, depose and say that: I am the owner of the subject property, or (if corporation, I am the Officer of the corporation authorized to act on this request). XX I am the Ictal represcntative of the owner of the subject property of this application. (If the property is not owned, or owned only in part by the applicant a notarized letter must accompany the application giving written consent by all property owners of the subject property unless the applicant is the ev or the owner). ALL T UESTIONS IN THIS APPLICATI S ' CHES AND DATA AT TO AND MADE P<RT�F THI%%�Ld�}'�4%7p t UE TO THE B Y e WLEDGE. Knight i NOSY Public Stare cf Florida ; Commission No. CC 388215 ' OF ° Co 'scion L•::pirp 08/0548 Y•aN ' q ( ATUPE) S WOHIS / DAY OF 19 MY COMMISSION EXPIRES: ' "' ?"'" vey al I. APPLICANT: Am Nie: Robert A. Baugher Address: 2210 S . Atlantic Ave. Telephone: (407) 784-2318 Cocoa Beach, FL. 32931 -PROPERTY LOCATION: - General Location or Address: 'Radisson Resort at the Port 8701 Astronaut Blvd. Legal Description: Cape Canaveral, FL. 32920 (MAY BE ATTACHED TO THIS SHEET) SEE Attached Sheet SIZE OF PROPERTY IN ACRES: 4.66 2• PRESENT ZONING CLASSIFICATION: Abutting Land Zoning; Noah.• Abutting R-3 South: C-1 East: C-1 West: R_3 n` Land Use: North: None South:P . Lot East: Hotel West: None J. NATURAL FEATURES: Native Grass EXISTING STRUCTURES: F See Environmental Survey ) SIZE N S None CONSTRUCTION TYPE: Hotel addition- QUARE FEET: 203,169.04 NUMBER OF STORIES: Unknown at • time SOIL: See attached Soil Ma .TOPOG P & Environmental Survey RAPHY: See attached survey' ,. & Environmental Survey VEGETATION: Natural grass ( See Environmental Survey ) WILDLIFE: See attached Environmental Survey FLOOD HAZARD: See attached sheet DRAINAGE: C FIRM ZONE: 125094=0313-E Currently Undeveloped. Natural drainage at this time. SITE ELEVATION: see attached surveySTRUCTURE ELEVATIO • • N• N/A 4. ENVIRONMENTAL ISSUES: WATER: None AIR None NOISE: None HISTORICAL/ARCHAEOLOGICAL: None �TACxtii NT FntJIRFD A MAP SHOWUNG THE PROPERTY AND ALL ADJOINING PROPERTY WITHIN 500 FEET WITH ZONING A*1ND USE INDICATED: — �EVF.L(�PVt�'yT F�T Sxr�T I. APPLICANT: Am Nie: Robert A. Baugher Address: 2210 S . Atlantic Ave. Telephone: (407) 784-2318 Cocoa Beach, FL. 32931 -PROPERTY LOCATION: - General Location or Address: 'Radisson Resort at the Port 8701 Astronaut Blvd. Legal Description: Cape Canaveral, FL. 32920 (MAY BE ATTACHED TO THIS SHEET) SEE Attached Sheet SIZE OF PROPERTY IN ACRES: 4.66 2• PRESENT ZONING CLASSIFICATION: Abutting Land Zoning; Noah.• Abutting R-3 South: C-1 East: C-1 West: R_3 n` Land Use: North: None South:P . Lot East: Hotel West: None J. NATURAL FEATURES: Native Grass EXISTING STRUCTURES: F See Environmental Survey ) SIZE N S None CONSTRUCTION TYPE: Hotel addition- QUARE FEET: 203,169.04 NUMBER OF STORIES: Unknown at • time SOIL: See attached Soil Ma .TOPOG P & Environmental Survey RAPHY: See attached survey' ,. & Environmental Survey VEGETATION: Natural grass ( See Environmental Survey ) WILDLIFE: See attached Environmental Survey FLOOD HAZARD: See attached sheet DRAINAGE: C FIRM ZONE: 125094=0313-E Currently Undeveloped. Natural drainage at this time. SITE ELEVATION: see attached surveySTRUCTURE ELEVATIO • • N• N/A 4. ENVIRONMENTAL ISSUES: WATER: None AIR None NOISE: None HISTORICAL/ARCHAEOLOGICAL: None �TACxtii NT FntJIRFD A MAP SHOWUNG THE PROPERTY AND ALL ADJOINING PROPERTY WITHIN 500 FEET WITH ZONING A*1ND USE INDICATED: LEGAL DESCRIPTION A tract of land lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida, begin more particularly described as follows: Commencing at the Southeast corner of said Section 15, thence N 89' 27' 20" W, along the South line of said Section 15, 882.89 feet; Thence N 00' 32' 40" E, 1073.08 feet to a point on the West right of way line of State road A -1—A; thence N 37 21' 10" W, along said West right of way 837.00 feet; Thence leaving said West right of way line, S 52' 38' 50' W, 747.87 feet to the' Point of Beginning; Thence continuing S 52' 38' 50" W, 34.46 feet; Thence S 37' 21' 10' E. 535.00 feet to a point on the Northwesterly line of that certain parcel described in instrument recorded in' Official Records Book 3035, at page 869. Records of Brevard County, Florida; Thence S 52' 38' 50" W, along said Northwesterly line of said parcel, 167.16 feet; Thence S.3721'10" E. 370.24 feet to a oint on a curve to the right, having a radlus of 320.00' and having a chord bearing of N.88718'iCTW; Thence run Westerly along the arc of said curve 12.88 feet through a central angle of 1217'21 Thence N.37211T W, 1490.17 feet; Thence S 89' 27' 20" E, 328.38 feet to the beginning of a curve to the left the radius point of which bears S Mr 32' 40" W, 24.84 feet; Thence Westerly, and Southerly, along the arc of said curve, through a central angle of 90' 00' 00', 39.02 feet to the beginning of a curve to the left, the radius point of which bears S 89' 27' 20" E, 60.00 feet; Thence Southerly, along the arc of said curve, through a central angle of 37 S3' 50', 39.69 feet: Thence S 37' 21' 10' E, 347.05 feet to the Point of Beginning. Tax I.D. # The property is partially on # 754 and partially on V 750 Please note: The Boundary Survey shows the entire Parcel, which has a total acreage of 4.749, however a portion of this parcel (south end) is currently zoned C-1 for Commercial use. This is shown on the attached Zoning Map from the Brevard County Property Appraisers Office. The area already zoned C-1 is 3702.40 sf. This leaves a remaining 203,164.04 sf, or 4.66 acres of land that we are requesting a zoning change for. For this reason we listed 4.66 as "size of property" on the application since this is the amount of land that needs approval. This is why there is a difference in acreage between the application and our Boundary Survey. SHUFO�RD MILLS, Florida Land Properties CEVESCO, INC. SHUFORD DEVELOPMENT COMPANY CANAVERAL BEACH GARDEN APARTMENTS, INC. June 12, 1998 To whom i t. may concern: Post Office CmuWcr 683 211 Caroline Street Cape Canaveral, Florida 32920 407-783-3716 This letter is giving R.A. Baugher,Trustee or his agent authority to seek a zoning change for the parcel shown on the attached survey. Sworn and subscribed to before me this �,� day of 19& 4(-1 rZ. �IC. J .-y1, NOTARY PUBLIC j My commission expires oltAl /. - Deborah L. Knight ; Notary Public State of Florida Commission mission No. CC 338225 OF f�° My Commission Expires 08/05/98 ; 1.100.3 -NOTARY • 1 > Fla Notary Service k Bondio Co. ; � )))))))))))))Y�)YiA))t))Yi JUL. -07' 98 (TUE) 11-:48 TREASURER TEL:7043226501 P. 001 Shuford Development,• Inc. Post Office Box 2.228 Hickory, North Carolina 28603 (704) 328-4157 Fax (704) 322-6501 July 6, 1998 This is to affirm that George H. Firkins, Jr. is the Agent of Record for Cevesco, Inc. and as such will represent Cevesco, Inc, in any land sales. C. t Shuford, •., President Shuford Develo ment , Inc., and its subsidiary Cevesco, Inc. H:UAnnasVAIVIEUVJMnfirkms.doc SILUFORD MILLS, Florida Land Properties CEVESCO, INC. SHUFORD DEVELOPMENT COMPANY CANAVERAL BEACH GARDEN APARTMENTS, INC. I June 12, 1998 To whom it may concern: Post Office Drawer 683 211 Caroline Street Cape Canaveral, Florida 32920 407-783-3116 This letter is giving R.A. Baugher,Trustee or his agent authority to seek a zoning change for the parcel shown on the attached survey. Sworn and subscribed to before me this /� day of 19 :`. NOTARY PUBLIC/;itlill»;;;1>/il;/7lli;.:�i,9tlrY;lllllllillll.^ "Or °"i Deborah L. Knight ; MY commission e x i r e s 5 W Notary public, State of Florida ; p �' '` lC' l ' 4'''��'�� ��"```lllll�P Commission No. CC 388225 of r�o My Commission Expires 08/05/98, I -800 -3 -NOTARY. Fia. Notary Savin & g COL. i Policy LU -1.1: The City shall require soil borings before development takes place to assure that the soil is capable of bearing the, structure (s) proposed. Policy LU -1.2: The City shall require developers to provide for the local sanitary sewer and water systems to serve their developments. Policy LU -1.3: The City shall require developers to provide for the following on-site infrastructure improvements for their projects: drainage and stormwater management, open space, safe and convenient traffic flow, and vehicle parking. Policy LU -1.4: The City shall apply its adopted level -of -service standards to a proposed development before allowing the development to take place. Objective LU -2: Should blighted areas occur, the City shall work toward redevelopment or renewal of such areas. The measurement of this Objective is the continuing lack of blighted areas and the degree to which the following Policy is implemented. Policy LU -2.1: The City shall enforce its housing and building codes in an effort to prevent any blighted areas. Objective LU -3: The City shall work toward the elimination or reduction of uses inconsistent with the community's character and future land uses. The measurement of this Objective is the consistency and compatibility of land uses within Cape Canaveral and the degree to which the following Policies are implemented. Policy LU -3.1: The City shall enforce its various ordinances which regulate the land use categories included on the Future Land Use Map (Zoning Ordinance),, subdivisions (Subdivision Regulations), signage (Sign Ordinance), and areas subject to seasonal or periodic flooding (Stormwater Management Ordinance and Federal Flood Insurance Program Regulations).. Policy LU73.2: The City shall require new development to be compatible with adjacent -land uses. 9-14 Briley Wild & ltssoclates, Inc. Policy LU -3.3: The City shall enforce its requirements pertaining to densities and intensities of land use in each land -use category--i.e. ' R -1 , Low Density Residential: maximum 5.808 lots/acre. *R-2', Medium Density Residential: maximum 15 units/acre. *R-3, Duplex/Multi-Family: maximum 15 units/acre. *.M -1 , Light Industrial: maximum 4.356 lots/acre. 'C-1, Commercial: zoning regulations impose a variety of requirements, depending upon type of use. Objective LU -4: The City shall enforce its regulations for protection of natural resources and historic resources. The measurement of this Objective is the extent to which natural and historic resources are protected and the degree to which the -� -following Policies are implemented. . Policy LU -4.1: The City shall continue to enforce its regulations which protect environmentally sensitive land. (e.g. beaches and dunes) Policy LU -4.2: As historically -significant properties are identified, these shall be designated and protected. Policy LU -4.3: The City shall maintain a list (including locations) of archaeological sites to cross-check against locations of proposed development before issuing a Development Order._ Objective LU -5: The City shall coordinate coastal area population densities with the local hurricane evacuation plan. The measurement of this Objective is the density of population in the coastal area and the degree to which the following Policy is implemented. Policy LU -5.1: The City shall continue to monitor density of developments, especially in the high -hazard areas. Objective LU -6: The City shall attempt to. prevent urban sprawl. The measurement of this Objective is the extent to which urban sprawl is prevented and the degree to which the following Policy is implemented. Policy LU -6.1: The City shall work toward development on infill parcels. Policy LU -6.2: The City shall give preference in the development approval process to projects which are adjacent to existing public infrastructure. 9 -15 Briley Wild 0, Assoclates, Inc. CTL CENTRAL_ BLVDETCH OF SURV19Y SURVEYOR'S NOTES: S 89• 2T f(T E 1. Unless otherwise noted, only platted (100' RIGHT OF WAY UNDEDICATED)ODELTA: W or Car easements are shown hereon. Alt 2� 2. P.U.D.E. denotes Public Utilities and Drainage Easement. 188.84 f]6tAWMON or AN pa. --- raswm cameo. Part r°1a � m� Pr cos Pass OF wvpmcY PONT OF ssssew neo - rasa a loses osmmec � v _ rraawr wORY ort woLoam WL area os onpnv� Aiat or ossa codamm �SIMILAR ComGAtposts as P" mosoo mo sir sauex me aimm P N wael wast ra part a ua susso Isoww snusuom a as HE real Haas anpaor pas stun roan roof OF IOnola< lursauL amamo vaear_ arnsl s simsnW`AXrwer ra v. par mr wg FLOODatwor car, wt. C- usK ewes warn rams L. a ns r.... rFnaP®av°UMMEN E W Pmw. eveWICE an¢ saWc sr VEST R1rNT OF WAY I -M IF STATE RDA➢ A -I -A Rarzlzav A O` 139.54 1 Q� moo 0w 3. No underground uttlitlea or improvements were pna a.es located unless otherwise shown. O RQWJU ODnnv x w or 4. This site Iles within F.I.R.M. Zone per ` �1 AM Isui Community Panel No. O t o 0003k es ur 1r dated 4/3/89 Q „R Din DELTA, 5. Unless otherwise noted, any elevations shown Op� �=r are based on N.G.V. Datum of 1929, relative X 9 ,,,� '2"' to S.M. # J1 aarm wAima, kerlrlr w 6. Bearings shown hereon are based on the 10 °mak' 12" centerline of POINT A" being ` (SEE DETAIL)\according to the plat described hereon. and ay not be a True North Azimuth. POINT OF o � BEGINNING �\ o. tp PARCEL 1 be 090 .�� -51k, s \os F SCALE 1"=100' k� �p DETAIL y ACREAGE: Parcel 1, less undedicated right of way: 3.936 Undedicated right of way: 0.813 TOTAL ACREAGE 4 74 i 9 LEGEND: O Set 5/8' Iron rebar with cap # 6464 • Found iron rebar, size and cap # \0�❑ Set 4x 4' concrete monument with cap # 6464 ■ Found concrete monument, size and Identification # A Set nail and disk # 2351 A ♦ Found nail and disk, tf Identification # as shown NORTHWESTERLY UNE \ ORB 3035, PAGE 869 Z1*5b6 PARCEL 1. 9 LEGAL DESCRIPTION A tract of land lying in Section 15, Township 24 South, Range 37 East. Brevard County, Florida. begin more particularly described as follows: Commencing at the Southeast comer of said Section 15, thence N 89' 2T 20' W a" the South line of said Section 15, 882.89 feet: Thence N W 32' 40' E. 1073.08 fest to a point an the West rfyht of way line of State road A -1-A; thence N 37 21' 10' W. along said West right of way 837.00 feet; Thence leaving sold West right of way ttns, S 52' 38' 5T W, 747.87 feet to the Point o! Beginning; Thence continuing S 52' 38' S0' W 34.49 feet; Thence S 37 21' 10' E. 535.00 feet to a point on the Northwesterly line of that Certain parcel described In instrument recorded In Official Records Book 3035, at page 869. Records of Brevard County. Florida: Thence S 57 38' 50' W along sold Northwesterly line of said parcel. 187.16 feet; thence S.37'21'10' E. 370.24 feet to o point on a curve to the right, having a radius of 320.00' and having a chord tearing of N.88'18'1D W: Thence run Westerly along the arc of mold curve 12.88 fest through a Central angle of 12'17'21': Thence N.3T21'10' W. 1490.17 feet Thence S 87 27' 20' E. 328.38 feet to the beginning of a curve to the left the radius point of which bean S 00' 32' 40' W. 24.84 feet: Thence Westerly. and Southerly, along the are of said curve, through a central angle of 90' 00' 00". 39.02 feet tothe beginning of a curve to the left, the radius point of which bears S 89' 27' 20' E. 60.00 feet Thence Southerly, along the are of said curve• through a central angle of 37 53' 5(r, 39.69 feet: Thence S 37 21' 10' E. 347.05 feet to the Point of Beginning. _-kF m bell :ale: r a 1000' SlkYtlblC AM! �NPPNhC ate: ITTMA 2/12/98 miect # -25 N. COURTENAY PARKWAY - SUITE 1 MAILING ADDRESS: P.O. BOX 542148 91-123-14 MERRITT ISLAND. FL 32954 PHONE (407) 453-5820 X01 F �j O O BOUNDARY SURVEY Certified to: ROBERT A. BAUGHER . - I hereby certify that the survey shown hereon Is true and correct to the best of my knowledge and belief, based on actual measurements token in the field. This survey meets the Minimum Technical Standards as not forth by the Florida Board of Professional Land Surveyors In Chapter 81 0 17-8, Florida Administrative Code, pur.54nt to Section 472.027• Florida Statutes. This certificate Is`"matin not valid unless lis John R. Campbell embossed with the Professional Land Surveyor Surveyor's Seal State of Florida The Times Published Weekly on Wcdncsday The Tribune Publishcd Weekly on Wcdncsday The Star Advocate Published Weckly on WcdncsdaThe Ba y �'^— The Bulletin Pu Wcc I •• 11 }' on Wcdncs</ay Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appearedLIS SWANSON f who on oath says that she is LEGAL ADVERTISING CLERK of the FLORIDA TODAY TO-LE2852-1T-8/16,1998-Sun. . a newspaper published in Brevard Count Y• NOTICE OF CHANGE OF COMPREHENSIVE PLAN' Florida; that the attached copy of advertising being a LEGAL NOTICE The City of Cape Canaveral'wilI be considering a Comprehensive Plan amendment to the Future -- in the matter of Land Use element of the Comore-. hensive Plan, The Local Planning CITY OF CAPE CANAVERALconcerning ' Agency will hold a public hearing a Comprehensive Plan Amendment on Wednesday. August 26, 1998. at 7:70 Pan. in in the ' the City Hall Annex, 111 Polk Av-• enue, Cape Canaveral, Florida.. Court Th Comprehensive Plan TICE OF CHANGE OF COMPREHENSIVE PLAN Amendment sets forth and adopts. 1hre first scale plan amendment: 1. which shallameend cum-' " the wehensive Plan Future Land Use' Map. AN ORDINANCE OF THE CITY' OF CAPE CANAVERAL, ERD ' was published in the FLORIDA TODAY NEWSPAPER COUNTY, pE_ FLORIDA. - RELATING RELSIVPLANNING; CG; N SETTING SETTING FORTH AND ADOPTING A in the issues of AUGUST 16, 1998 SMALL SCALE PLAN AMENDMENT FOR 1998 AS "PROVIDED IN CPA -Sgt -1, - WHICH SHALL AMEND THE COMPREHENSIVE PLAN FU- Affiant further says that the FLORIDA TODAY NEWSPAPER TURE LAND USE MAP; PRO - VIDING AN EFFECTIVE DATE AND LEGAL said STATUS OF THE PLANAMENDMENT; PRO- is. d newspaper published in said Brevard County, Florida, and that the VIDING FOR TRANSMITTAL - OF THE PLAN AMENDMENT TO THE DEPARTMENT OF said newspaper has COMMUNITY AFFAIRS: PRO - heretofore been continuouslpublished in said Brevard County, Florida, regularlyas stated VIDING FOR REPEAL OF PRI- OR DRINANNCESONSISTENTAND above. - and has been entered as second class mail matter at the poli office in MELBOURNE RESOLUTIONS; PROVIDING AND INCONSISTENT AND PROVIDING FOR AN EFFEC- said Brevard County, Florida, for a period of one year next TIVE DATE. Copies of the information to be preceeding the first publication of the fiscussed are available for re-, attached copy of adve;jisement; and affiant further says that /iew at the City Clerk's Office, at _ifv Hall, 105 Polk Avenue, Cape she has neither Paid nor promised an Y _anaveral, Florida. If any penpn desires to appeal person, firm or corporation any discount, rebate, commissionor refund for the p Purpose OI SeCUfIn any decision made by the lotto al Agency with respect to g this advertisement for publication in said newspaper. inty matter considered at this Teeting, such person will need a •ecord Of the proceedings and � hat for Such purposes, such per= ;On may need t0 ensure that a /erbalim record of the proceed= -7J ` r\ ngs is made, at his or her own • - (Signature OI Alfiant) 'xpense, which record includes . Sworn to and subscribed before me this 1 6 AUGUST estimonr and evidence upon Mhich any such appeal is to be )aced (F.S. 286.0105). This meet - day of o ' 19 8 no may include the attendance of )ne (1) or more members of the _ape Canaveral City Council who —" i %r �i "✓dam ray or may not participate in the 3oard discussions held at this -• - . i v (. 1 - --• - - �..� / ",%L ✓ meeting. 1 SCraRoxar Sims, ; (Signature of Notary Public)CM City Clerk T " LINDA L. BRAUD _ (Name of Nolary Typed. Printed or Stamped) Personally Known /� Or Produced uCCd IQenliliCatiOn Type Of Identnccation Produced • icvm-an;m..r MEMORANDUM June 17, 1998 To: Whitey Moran, CBO From: Steven E. Bapp, Planning and Zoning Technician Re: June 17, 1998 rezoning meeting. A meeting was conducted today, June 17, 1998, at 9 am to discuss the rezoning of a -- property located immediately to the west of 8701 Astronaut Blvd, Cape Canaveral, FL. Attendees included Whitey Moran, CBO; Steven E. Bapp, Planning and Zoning Technician; Mr. Bob Baugher, owner, Radisson at the Port Hotel (8701 Astronaut Blvd); two staff members employed by Mr. Baugher; and George Firkins, Property owner of portion of land immediately to the West of 8701 Astronaut Blvd. Mr. Baugher informed City Staff on his intentions to rezone a 3.2 -acre parcel located immediately to the west of his property. Mr. Baugher stated that he wished to rezone the property from R-3 (Medium Density Residential) to C-1 (Commercial). Mr. Baugher stated that he intended to submit a request for rezoning and a request for small-scale comprehensive plan amendment. Mr. Moran, CBO, informed Mr. Baugher that a request for rezoning and a small scale comprehensive plan amendment was required, and listed the required documents required to prepare such actions. Mr. Moran also suggested that Mr. Baugher employ a planner to assist in the preparation of such actions. Mr. Bapp conducted a brief meeting with a member of Mr. Baugher's staff to discuss how to complete the rezoning application packet. Mr. Bapp also gave the staff member the Brevard County GIS phone number; and told the staff member about all the services that agency could provide. Cc: Bennett Boucher, City Manager File B.K. I.; INC. CONSULTING ECOLOGISTS July 6, 1998 WILLIAM W. KERR Mr. Bob Baugher Baugher and Company Radisson Resort At the Port State Road A -1-A Cape Canaveral, Florida 32920 Re: Preliminary Ecological Assessment of Parcel 1, in Section 15, Township 24 South, Range 37 East, Brevard County, Florida. BKI File No. 9862 Dear Mr. Baugher: As per our contract, B.K.I., Inc. Consulting Ecologists (BKI) has completed preliminary wetland and endangered species surveys on the above -referenced site. This survey was conducted on July 1, 1998. Following is a discussion of our findings and an assessment of the site's developability. INTRODUCTION According to information supplied by Baugher and Company and as described on a Sketch of Survey completed by Campbell Surveying and Mapping of Brevard, Inc., the subject property (Parcel 1) consists of ±4.75 acres located between Tower and Central Boulevards, west of the existing Radisson Resort hotel in Section 15, Township 24 South, Range 37 East, in Brevard County, Florida (Figure 1). The land is bounded on the north by Central Boulevard, on the east by the existing Radisson Resort hotel, on the south by Tower Boulevard, and on the west by grassland. TOPOGRAPHY AND SOILS At the time of the site investigation we had not been supplied with topographic information on the site. However, during the site visit it was noted that the site topography is flat. Soil types within the project area were identified using maps and definitions formulated by the U.S. Department of Agriculture, Soil Conservation Service (SCS) and published in the 1974 Soil Survey of Brevard County. In addition, further information on the soils was gleaned from review of the H ydric Soils of Florida Handbook Published in 1995 by the Florida Association of Environmental Soil Scientists. All soils within the study area have been identified, including any special circumstances that would adversely affect development and any special treatment that may be necessary. Based on review of this information it was determined that topography and underlying soil types generally coincide. Soil types within the project corridor consist of Canaveral complex, gently undulating (Ca) and Urban land (Ur) (Figure 2). L4PREL2 9862prel.rpt 325 FIFTH AVENUE, SUITE 208 - INDIALANTIC, FLORIDA 32903 - (407) 951-7964 - FAX (407) 951-8909 Following is a general description of site soils as 'described within the SCS survey. Canaveral Complex, Gently Undulating (Ca) Most of the western portion of the surveyed area is mapped by SCS as being underlain by this soil type. This complex consists of nearly level and gently undulating sloping soils that are mixtures of sand and shell fragments. It is along the Atlantic Coast on narrow ridges interspersed with parallel narrow sloughs. The water table is between depths of 10 and 40 inches for two (2) to four (4) months a year. In dry seasons it is below a depth of 60 inches. In association with the project site, the above description appears to be a fairly accurate representation of this soil where it underlies the west side of the property. There were no hydric soil indicators observed in the soil; this concurs with the statement in the Hvdric Soils.of Florida Handbook that states that 65 percent of the -time the Canaveral complex is non hydric. However, on occasion, (35 percent of the time) Canaveral complex, gently undulating has a component of Anclote sand which is considered a hydric soil. The Anclote component is hydric since it is poorly drained or very poorly drained and has a frequently occurring water table less then 0.5 feet from the surface for a significant period (usually 14 consecutive days or more) during the growing season if textures are coarse sand, sand, or fine sand in all layers within 20 inches. Urban Land (Ur) According to the SCS soils map, the eastern portion of the site is underlain by the Urban land soil type. Urban land consists of areas that are 60 to more than 75 percent covered with streets, buildings, large parking lots, shopping centers, industrial parks, airports, and related facilities. Unoccupied areas, mostly lawns, parks, vacant lots, and playgrounds, are Astatula, Paola, Myakka, St. Lucie, Immokalee, Pomello, Cocoa, and Canaveral soils in tracts too small to be mapped separately. This soil is upland all the time. AQUIFER RECHARGE STATUS Current regulations limit the amount of impervious areas allowed within an aquifer recharge area. Consequently, BKI has reviewed the potential for this site to fall within such an area. Based on perusal of the Brevard. -County aquifer recharge map in conjunction with SCS mapped soils occurring on site, it appears that the subject site does not fall into any of the mapped aquifer recharge areas. Figure 3 depicts the location of the site in relation to mapped aquifer recharge areas in Brevard County. VEGETATION In general, vegetation on the subject site is consistent with observed elevations and SCS mapped soils, and primarily consists of L4PREL2 9862pre1.rpt mowed grasses. Land .uses such as this were classified into categories by the Florida Department of Transportation (FDOT) in 1985 in the Florida Land Use, Cover and Forms Classification System — (FLUCFCS). BKI used this classification system as a guideline to assign the'subject site a land use category. It should be noted that variations between the FLUCFCS community descriptions and the actually occurring on-site communities may exist; consequently, the classifications which comes closest to the observed on-site communities were chosen, but may not match precisely. The specific land use identified within the project site is: Urban Land in Transition without Positive Indicators of Intended Activity (193). Following is a discussion of this land use type, as it occurs on the subject property, including an assessment of its jurisdictional status based on rules and regulations of the St. Johns River Water Management District (SJRWMD) and U.S. Army Corps of. Engineers (ALOE). The location of this land use is depicted on Figure 4, Environmental Survey Map, and is based on aerial photo interpretation with groundtruthing for verification. Community and land use boundaries on the aerial photograph are not distinct; consequently, boundaries shown and acreages estimated are approximate. Urban Land in Transition without Positive Indicators of Intended Activity (193) The entire 4.749 acres of the project site has been included into this land use type. The area is characterized by a variety of mowed pasture grasses (Poaceae - difficult to identify particular species due to the mowing) interspersed with creeping oxeye (Wedelia trilobata) and capeweed (Phyla nodiflora). On the easternmost edge, adjacent to the existing parking area, there are a few planted banana and citrus trees. All of this land use, and by default the project site, is uplands and will not be claimed as jurisdictional by SJRWMD or ALOE. As such, .it should be developable without wetland permits or mitigation for impacts. THREATENED AND ENDANGERED SPECIES Preliminary surveys for threatened and/or endangered species and suitable protected species habitats were completed on the project site. This survey resulted in the determination that the Urban Land in Transition without Positive Indicators of Intended Activity (193) is potentially suitable for gopher tortoises (Gopherus polyphemus) and burrowing owls (Speotyto cunicularia), both state listed Species of Special Concern. Gopher Tortoise Three (3) environmental conditions are especially important to gopher tortoises: well -drained loose soil in which to burrow, adequate low -growing herbs for food, and open sunlit sites for L4PREL2 9862prel.rpt nesting. The Urban Land in Transition without Positive Indicators of Intended Activity (193) on this site provides habitat that meets all of these parameters. . Although a'formal survey was not conducted, nearly 100 percent of the project site was traversed while completing the preliminary environmental assessment survey. No gopher tortoise burrows were observed on the site. It may be concluded that no resident tortoise population occurs on the Radisson Resort project site. Burrowing Owl Burrowing owls are inhabitants of open well -drained landscapes. They are most common in the prairie region to the west and north of Lake Okeechobee. Scattered breeding locations may be found, however, from Jacksonville to Marathon. Historically, these owls occupied the treeless grasslands and pastures of central and south Florida. Inland populations have decreased because of disappearing habitat and Florida is now a host to scattered populations in semi- developed and developed areas such as grass prairies, sandhills, pastures, prairie -like expanses of airports, industrial plants and campuses. The Urban Land in Transition without Positive Indicators of Intended Activity (193) provides potential habitat for this species. The nearly 100 percent survey of the site allowed confirmation that this species, also, does not reside on the subject site. SUMM�AR_ 3ECOI!iENDA_ TIONS. Listed Sipecies During our site review it was determined that there are no resident populations of protected species on the subject site, consequently, no further action regarding listed species will be required to proceed with development. Wetlands Results of recent site field reviews and analysis of site information has led to the conclusion that there are no wetlands on the Radisson Resort project site. Consequently, no permitting or mitigation will be required for this environmental concern. L4PREL2 9862prel.rpc contact our office. Sincerely, Linda A. Olson, MS Project Manager/Ecologist dist: Mr. Greg Knight - Baugher and Company L4PREL2 9862prel.rpt 3 2: i '� - ✓ .. Jif ,;.-v.z l.i.�c• - -. :. RD 401 �. PORT CAN' ERAL -- — - •� . u•l East Turning 1 it no i .. .West Turalap f (Basin 8 9 . Basra i �12 rORTa ' IPQP EMO �, ♦ PANK ' I_J� S i I..A 's t IIrN T[ll!!w.'h1 'HE 1 SZS r-� CA[15E - T GEORGE KING -"'• C 'BLVO #'"--4X6.,--^ - �i� • : QST G EN.w4 `i"" a Sapon ARR I ' X90.. v /. r..•r awr SUBJECT J11Gr CLAW"s COLLEGE tnpy.a M I �- :. 1 p`�0! OrFr.000f � inwrOO 1, Wnr�• NIIIR '7' •r©p �L•,u.d ! • j, 3cm,000 17! 16 � ,t.0l.11All *+T - �A t w. c .,ws ! 141,--aM r '."—..Cl 12 i r oar,ce sr S,M! E000Mn nYlR i ate... L :N..rgv.. :roi • d J ,ImE.cr .Pc PARX �F' I sr SGA►\ YIIN fl SCnOOI icoLVE.w s: , - 32929 •' APE -CANAVERAL i j -._-� i .. 1 wu •. i. I s� 22 ulfv ! 3 Avon BY f The S" MERRITT ISLAND "° I f 1 9arixsEAvg _--.-.Rwrev. - .- t vt— , :-a-..+'`'4:%jn s•..Li%:`.:-fi.i�t" fwOP .. - I .. v # '�OCOA'BEtI;}f �aRABQRY'• "t' nTONOpAG! • • pe" - 1 - .' I a Mrrrwr ►AI,RIf ' k•+3 II I LsmGl!! .!. C W AL PWR - '- M~ A. ,. vwvwl I - Reswvf NOR.Evo�va APE 1 k I CA.e e.R.rl'11.1' + nO[Pn4 1 _•I . .. _ _ NSIO wAn�a S2O AHEACN CSWY s[wiR I s '32' ; 33 34 "'0'""6 I 35 j QouEr^ i i COCOABEACH._. N Y; ° I (SOURCE: Universal Map, 1995-96 I BK1, Inc. - CONSULTING ECOLOGISTS 325 Fifth Avenue, Suite 208 Indiaiantic, Florida 32903 Title: Location Map Project: Radisson Resort Project No.: 9862 Checked By. Scale: NTS Notes Property boundaries depicted are approximate Figure No. 1 a - AIR ORCE Ca v Q .!e- ' ST TION . r j ul •9� t1l i of SOILS LEGEND Ca = Canaveral Complex, gently undulating Ca ;R Ur = Urban Land 2 �y a 42Y`ti Urs, Qr Pb w C ITT .BARGE CANAL 1 Ur f \1� `' .-- -_ ---_ ut ��— ' �T—_` � ' � .•cam': Porf Canaveral — Uf' "'• �Ga "" Ca Ca Ur Wn ArteiiQ Uro -_ � . � ~ � �" '!J1 Lam•_; Tm . �`` r•• 15` SUBJECT SITEk•4'.-�. �C, -• F1 j". ,ti . Ca . �a-�;. ego.&...' • ":`�h, - CAPE CANAVERAL Pb AIA •.. �_I' — __ a�C'=�•"`k:�'' U,.S. Department of Agriculture Soil Conservation Service, Soil Survey'of SOURCE: Brevard County, Florida, November 1974, Sheet No. 64 BKI, Inc.. CONSULTING ECOLOGISTS M Fifth Avenue, Suite 208 Indialantic, Florida 32903 Title: Soil Conservation Service Soils Map Project: Radisson Resort Project No.: 9862 Checked By. Scale: 1:20000 Notes: Property boundaries depicted are approximate Figure No. 2 OCXLEO co ! a 9� 8E I 1 � I Q a Al ff 1' 1 - I � 1 t 1 r w• MELBOURNE MEL80URHE t WEST � MEL80uRNf i 1 I ny i 1 I MALAI I I SOURCE Brevard County Conservation Overlays -.1981 AQUIFER RECHARGE AREAS 6REVAR0 cOuN-ry FLORIDA �w N • I, CAPE CANAVERAL iR FORCE STATION E CANAVERAL Title: Aquifer Recharge Map Project Radisson Resort Project No.: 9862 ■ PRIME Notes: Site location depicted is approximate COA CLASS I ACl/ SECONDARY PATRICX R FORCE LAS£ SATELLITE LEACH INOIAN HARSOUR LEACH INWALANTIC MELLOI>r1NE - LEACH • B K 1 1, Inc.- CONSULTING ECOLOGISTS 325 Fifth Avenue, Suite 208 Indiclantic, Florida 32903 Title: Aquifer Recharge Map Project Radisson Resort Project No.: 9862 Checked By. Scale: See above Notes: Site location depicted is approximate Figure No. 3 F".4102 -tn g5 O mv'=W r�qo r SOILS MA cc ' Ur Ur TM Pb Ca .._ Ga •. Pk Ga Ur � Ga w Ts. Ur Pk._ .... .. . _.. Ca Ga Ca: Canaveral complex, gently undulating w: Open tater YAP ZII 1S I:= (one inch = 1000 fern Cc Canaveral -Urban land complex Ca: Calvesion-Urban land complex Pb: Palm Beacti sand " Pic Parkwood fine sand, moderately fine subsoil variant Tim Tidal Yarab w e Sp: Spoil Baoks Ts Tidal Swamp Ur. Urban land s ribs data war compiled by St. JeAns River Fater Young e+nent District CIS Division. rhe Brevard county Property Appraisers Office and Ceeyraphie Information Services do not assume responsi ditties for errors or omissions contained Aereen. Prepared by. Brerud County Property Appraisers Office — CA Jane A 10 F".4102 -tn g5 O mv'=W r�qo r I - FLOODZONE MAP I ....... ............. ------------ *-- ---ATLANM-4LD-- ...... — ----- % % ---------- --- ---- - --------------- ----- - . . .... . . . . .......... 4 4 ............ Q.AX 7 . .. ........ . ................... — ------- - S 'T .:CENTRALELVD.W lm BL-------- . . . .. ............... ------ 4, 4.3 7 --7 -- — -------- . . . . ....................... > * . . ... .......... 9MAL FLOOD BLURB LHAS l" DAM By 100 YUI RX0 Zone I Subject to 100 -year flood. To base flood gkiatious deLeimined. Zone 1z Subject io 110— flood. flsu (lord elevations determined. Zone 10 to Inundation %:Ypos of 100- eer flood. Flood depths of 1-3 A determined Zone C Minimal hazard from principal flood source. Could be flooded due to severe rainfall and poor drainage. long FT eten' Mast be raerred to dirchtrgw bse hood. Put of zoat AL Zone TZ Coastal flood with velocity ha -rd (Wave lctic4 Bax flood elevation determined. c7/ ..... .. . .. --------------- ....... ... J 7 . ......... mm. -MM A V: )AbCXMM - ........... -7 ... z i 1 vs 9MAL FLOOD BLURB LHAS l" DAM By 100 YUI RX0 Zone I Subject to 100 -year flood. To base flood gkiatious deLeimined. Zone 1z Subject io 110— flood. flsu (lord elevations determined. Zone 10 to Inundation %:Ypos of 100- eer flood. Flood depths of 1-3 A determined Zone C Minimal hazard from principal flood source. Could be flooded due to severe rainfall and poor drainage. long FT eten' Mast be raerred to dirchtrgw bse hood. Put of zoat AL Zone TZ Coastal flood with velocity ha -rd (Wave lctic4 Bax flood elevation determined. nTH]tR FLOOD agis ElPans 15 Areas of 500 -Pear flo* arms of 100 --year flood with depths of lecs Lku I foot or with drainage areas avers mile: and arms protected by levee from 100 ytir flood. Zone 1 Area onside the IX-jur and 500 -year flood plain. El Zone 0 Hood bazards may exist but are undetermined. Fkis data was compiled 61 St. Joint Near Water Mesay taint District CIS Division. I fit Brolcrd Coz%ty Property Ippraitors Offictold Co ic information Services do not assume r is Pon riblililits for irrort or asio,,,na=add heads. + PrOjA102 -kws5oo YAP nu is um (one inch =1000 f4 PMUW V. Brewed COULY PMWY Approbate Office - G116 2101 A IfAs c7/ ..... .. . .. J 7 . ......... mm. -MM A V: )AbCXMM - nTH]tR FLOOD agis ElPans 15 Areas of 500 -Pear flo* arms of 100 --year flood with depths of lecs Lku I foot or with drainage areas avers mile: and arms protected by levee from 100 ytir flood. Zone 1 Area onside the IX-jur and 500 -year flood plain. El Zone 0 Hood bazards may exist but are undetermined. Fkis data was compiled 61 St. Joint Near Water Mesay taint District CIS Division. I fit Brolcrd Coz%ty Property Ippraitors Offictold Co ic information Services do not assume r is Pon riblililits for irrort or asio,,,na=add heads. + PrOjA102 -kws5oo YAP nu is um (one inch =1000 f4 PMUW V. Brewed COULY PMWY Approbate Office - G116 2101 A IfAs 11 - - MMUMAN WIN NX a n m„nm m RIMH CoantY PmPertY APPS Aun Ford BUFFER DWANC$ 500 FEET APPLICANT NAGS)/ADDREM Baxd an data from the Property APPmime3 Offer YAP SCALE B = (one inch = 500 feet) I MCHT, GREG This map was crmpiled from remrded dwuments and does not rafted LEGEND: an actual am; The Bmurd County Board of Commiaiaaerr, ® Notifuation buffer OTHR NA4S)/ADDRNL Property Appraiser, and Cmgraphic Ixformatian Services do nd umvw responsWily for error or ommunme wnlminad home► © Parsxl/bt bmmdaries Produced bT Brewed County Prmperty Appnhem Office — GLS lune 2Z 1996 Numbers on map correspond to maihq list Rq.A 102 -ImWOO kwe00 i,=W ~ MN m RMANT Nll(�S)/ADDREM BLwJ on data from the Property Appmxe3 Office w mu is 24000 (me ind feet) El mm-eliA4 rub PrNlaced by- kmrd County Property 1pFaisem Office — GM June 2Z 19M hred of intawt LOCATION MAP SHOCK RD ZmDlt ~ MN m RMANT Nll(�S)/ADDREM BLwJ on data from the Property Appmxe3 Office w mu is 24000 (me ind feet) El mm-eliA4 rub PrNlaced by- kmrd County Property 1pFaisem Office — GM June 2Z 19M hred of intawt LOCATION MAP r /.,24DCK WD i \ . oarm+w --- -- EnYDR r- — . ..__ ........ u.-usxaa._ ErL Aa ,µtq acvp. F -....... - �- -- SeAPDRT BCW UDi - rCUtfORDR '" ___.__._\.._— �♦♦ /./ 'ti�q.C' ._ RSA7G�'A'T ♦.-.jlAlHOl dt - '�IDR7ILDR •moi A EF'C 41 MBCYAiIDHAL :� `.�l -. . c. .__rtiVFiC�Y AV eV` 't_mvmveeosr 7 AV i(:WE910RPdD __AYfi _ - _ QZM[771NIOA - � N IM[XMEVAI r- _ - — nR w - kmrd Coanty Property Appraiser. Tim Ford BUFFER DibTANCE 500 FM APPLICANT NAOS)/ADDRESa Wed on data from the Property Appraiser's Office YAP SCALE IS 124000 (one inch = 2000 fat) %MGHT, GREG LEGEND: This map was compiled from recorded doeumrnfs and don nal refW ® Notifintion buffer an adval mnnn the irnwd County Board of Commissioners,Parcel/ of boundaries O1NER NAYB(S)/ADDRM Property %ppm , and Ceogmpdic Information savior do nd =Ulu respormumv for Mon or ammtas= contained hereon. © Roo& ElNan-eiidin6 ands Produced b7: Brerard County Praperty Appraimm Office - GLS, lune ZL Ism Peed of intern( ",ioz-i=esw . l ZONING T3OUN'DARMS INDICATES otlMtACMN INGRESS AND EGRESSES M ZONING MAP AGRICULTURAL RESIDENTIAL Y § `� ' INSTTtUTIONALCO�AC1Af. 1DSCELSANEOUS INDUSTRIAL Tiis uapp was compiled from recorded documents and does set reflect an actual survey. Tete Brevard County Propert /ppraiser's Office and Ceo0raptSie Information SorItcet do not assume rtspossialit�tits for errors or omissions contained &clean. PM.0102 -im OM 1=gS0o3.W JW MW B IMM (ane inch = 1000 feet) PMATed br Jkaud tbantT Jtoperty dpprais- Wke - M Jane 2s, W Meeting Type: Regular Meeting Date: 09-01-98 AGENDA i ordinances - 1"` Reading 7 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUB7ECT: ORDINANCE NO. 26-98, REZONING REQUEST R-3 TO C-1, RADISSON HOTEL DEPT./DIVISION: LPA/GROWTH MANAGEMENT Requested Action: That the City Council consider approval of this rezoning request at first reading. Summary Explanation & Background: The subject parcel Would change from This request is for a 4.66 acre Parma adjacent tothe laRadisson as recommended this rezoning request at R-3 to C-1 on the official zoning p their 08-26-98 meeting. See supporting data and application on CPA -598 -1 - Staff also recommends approval. Exhibits Attached: Ordinance No. 26-98 erl$bffice City/ �.. / e ,, /meetin¢/199 /2 8.doc Department LPA/GROWTH MGMT M E M O R A N D U M Date: August 27, 1998 To: Bennett Boucher, City Manager From: G. J. Moran, CBO, Building Official Re: Proposed Ordinances 25-98 and 26-98, Small Comp. Plan Amendment - Radisson JZesort The Local Planning Agency reviewed the above proposed ordinances and request to rezone a portion of Parcels 750 & 754 from the existing R-3 to C-1 for the expansion of the Radisson Resort. Mr. Firkins, representative for Cevesco, Inc., property owner, informed the Board that Mr. Baugher, applicant, had a binding contract to purchase the property if the City approves the rezoning request. By unanimous vote, the Local Planning Agency recommended approval. Please schedule this request on the next City Council Meeting agenda. copied to: Sandy Sims, City Clerk ` /slc ORDINANCE NO. 26-98 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO C-1 (LOW DENSITY COMMERCIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A"; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Local Planning Agency ("LPA') of the City of Cape Canaveral, Florida, has held a public hearing on changes to the zoning classification on the property indicated below; and WHEREAS, LPA has reviewed the property owner's petition for a rezoning of the property to C-1 (Low Density Commercial) and issued a recommendation to approve the rezoning to the City Council; and WHEREAS, the public was heard at a regular meeting of the City Council on the petition requesting changes indicated below and, after full discussion, the Council having found that the best interest for the City of Cape Canaveral and its citizens would be served by granting the petition to change the zoning classification; and WHEREAS, the City Council, based on the reasons and findings stated in the analysis and recommendation of the staff has found that the proposed zoning amendment is consistent with the provisions of the City of Cape Canaveral Comprehensive Plan. NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. That the Official Zoning Map of the City of Cape Canaveral, Florida, as described in Section 110-245, Official Zoning Mai, is hereby amended to include a change of classification from R-3 (Medium Density Residential District) to C-1 (Low Density Commercial District) for the property legally described as: - See Exhibit "A' Attached Hereto SECTION 2. That the development of the property as described in Exhibit "A' shall be governed by the provisions of Chapter 110, regarding the C-1 zoning district, of the Zoning City of Cape Canaveral Ordinance No. 26-98 Page 2 Ordinance of the City of Cape Canaveral, Florida, or any amendments, modifications, additions, or recodifications thereto. SECTION 3. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict or inconsistency. SECTION 4. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. SECTION 5. This Ordinance shall become effective after the amendment has been duly recorded upon the official zoning map of the City of Cape Canaveral. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the day of , 1998. ATTEST Sandra O. Sims, CITY CLERK Approved as to Form: Rocky Randels, MAYOR Name Kohn Benqptt, CITY ATTORNEY Joy Salamone Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels First Reading: Posted: Published: Second Reading: Ac% -nf-bck&-ycWoA=9=\=mrqk] to e 1 mfissmdm For Against City of Cape Canaveral Ordinance No. 26-98 Page 3 Exhibit "A" All that certain land situated in Brevard County, Florida, viz: �\-P nWYckW-Ycll brdmawelzm w4ft3 to cl n&son.doc LEGAL DESCRIPTION A tract of land lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida, begin more particularly described as follows; Commencing at the Southeast comer of said Section 15, thence N 89' 27' 20" W, along the South line of said Section 15, 882.89 feet; Thence N 00' 32' 40" E. 1073.08 feet to a point on the West right of way line of State road A -1—A; thence N 37' 21' 10' W, along said West right of way 837.00 feet; Thence leaving said West right of way line, S 52' 38' 50' W, 747.87 feet to the' Point of Beginning; Thence continuing S 57 38' 50" W. 34.46 feet; Thence S 37' 21' 10' E, 535.00 feet to a point on the Northwesterly line of that certain parcel described in instrument recorded in' Official Records Book 3035, at page 869. Records of Brevard County, Florida; Thence S 57 38' 50" W. along said Northwesterly line of said parcel, 167.16 feet; Thence S.37'21'10" E, 370.24 feet to a oint on a curve to the right, having a radius of 320.00' and having a chord bearing of N.88'18'lCTW; Thence run Westerly along the arc of said curve 12.88 feet through a central angle of 12'17'21 Thence N.3721'10" W, 1490.17 feet; Thence S ST 27' 20" E, 328.38 feet to the beginning of a curve to the left the radius point of which bears S 00' 32' 40" W, 24.84 feet; Thence Westerly, and Southerly, along the arc of said curve, through a central angle of 90' 00' 00", 39.02 feet to the beginning of a curve to the left, the radius point of which bears S 8T 27' 20" E, 60.00 feet; Thence Southerly, along the arc of said curve, through a central angle of 37 53' 50", 39.69 feet; Thence S 37' 21' 10' E, 347.05 feet to the Point of Beginning. Tax I.D. # The property is partially on # 754 and partially on � 750 Meeting Type: Regular Meeting Date: 09-01-98 AGENDA REPORT AGENDA Heeding Ordinances - 1° Reading Item 8 No. I recommend approval. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 14-98, AMENDING SECTION 110-567(b) RELATIVE TREE POINT VALUES FOR LANDSCAPING DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council consider this amendment as recommended by the Planning & Zoning Board and Beautification Board. Summary Explanation & Background: The proposed amendment would increasethe minimum DBH of a required tree to be 3 inches instead of 1 to 2 inches. Point values are tied to the (2) grades of trees allowed to be planted, Florida Fancy and Florida #1. I recommend approval. Exhibits Attached: Staff Report Dated 08-13-98; Ordinance No. 14-98; Existing Code City Ma '�s Office Department P&Z/GROWTH MGMT CITY OF CAPE CANAVERAL MEMORANDUM Date: August 13, 1998 City of Cape Canaveral To: Bennett Boucher, City Manager From: G. J. Moran, CBO, Building Official Re: Proposed Ordinance 14-98, Criteria for Interior Landscaping for Offstreet Parking Areas. The Planning & Zoning Board reviewed proposed Ordinance 14-98, Criteria for Interior Landscaping for Offstreet Parking Areas, at their meeting held on August 12, 1998. After discussion, the Board unanimously recommended City Council approval of the proposed ordinance. City staff also recommends approval of the proposed ordinance. Please schedule the ordinance on the next City Council meeting agenda. copied to: Sandy Sims, City Clerk 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 9 FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ Ay of Cape Canaveral AFF REPORT TO: Planning and Zoning Board Members. FROM: Steven E. Bapp, Planning and Zoning Technician. �( Re: Ordinance 14-98. Ordinance 14-98 refines the criteria for interior landscaping as per Section 110-567, City of Cape Canaveral Code of Ordinances. The Planning and Zoning Board recommended a proposed ordinance increasing the required Diameter at Breast height (dbh) for interior landscaping. The Mayor and City Council wish to enhance the quality of interior landscaping. This will be accomplished by rewarding a higher number of 'points' for a higher quality landscaping materials. The two grading codes, Fancy and #l, are accepted terms and definitions as per the Florida Department of Agriculture and Customer Services, Division of Plant Industry. Cc: Whitey Moran, CBO, City of Cape Canaveral File 105 Polk Avenue • Post Office Bog 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 9 FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ From the desk of the: Building Official Memo TO: Kohn Bennett, City Aft ZL--- From Whitey Moran, CBO CC: Bennett Boucher, City Manager - — ----Date: 07/15/98 Re: Amendments to Proposed Ordinance No. 14-98 Requested by City Council Members. I have re -formatted the referenced Ordinance and have included the text that I feel is appropriate to accomplish the Councils request. Please review and advise. 0 Page 1 7-31-1998 1 1 : 43AM FROM AMAR I THER I AC. P_ A _ . 4876396690 P-1 LAW 0MCES A IAM & F11 MAC, F.A. AU -MM and Coandm At 1,aw Zxbard S. Amari Koko �� ar Re* To. Cecaa P.O. Bax marfaw Square� 96 SaW 302 Carte 144my Frefug P.O. Box 1887 Andiew •Goldmaw Mitchell& T (407) e�&Luo I. Wesky Hown Fat (400) 09.QM L,eeMarbftul a "_'----"---- Mark S. Petarr bap"40I Ptara Davit X 'Prawick some B101 Chart" R Swulhort 6701.1. Wkkbms Bond James S. Theriac, III M , VIM& Sn* Tekome (40 2AD-601 'Adnioed FA, VA, TN ml�, �.Q um F'ax (4" 2.4+1 -WA TO: Bennett C. Boucher, City Manager FROM: Kohn Bennett, City Attorney DATE: July 30, 1198 RE: Landscaping/Tree Point Ordinance Change I have reviewed the most recent changes to the interior landscaping for offstreet parking areas ordinance contained in Section 110-567, as proposed by the building official, and 1 believe it is in acceptable form and content in that it incorporates the concerns of the Council which were expressed at a prior meeting. Please place this item on the next Council Agenda. It is up to you whether you want to place it as a discussion item or as a first reading of the ordinance. If you have any questions, please do not hesitate to contact me. 07/31/98 11:48 TX/RX NO.5503 P.001 0 ORDINANCE NO. 14-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, SECTION 110-567(b), BY AMENDING THE RELATIVE TREE POINT VALUES FOR LANDSCAPING PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CAPE CANAVERAL FLORIDA, as follows.- SECTION ollows: SECTION 1. Paragraph (b) of Section 110-567, Interior Landscagin2 for Offstreet Parking Areas, is hereby amended by deleting paragraph (b) in its entirety and adopting the following in lieu thereof: (b) Tree value points referred to in subsection (a) of this section shall be grade Florida Fancy or Florida 41 and will have the following values: Florida Fancy Florida # 1 Points Tree Points 10 Large and medium species, ten feet tall 7 with greater than three-inch diameter (dbh) and two -foot spread. 5 Small species, six feet tall with two to 4 three inch diameter (dbh) minium and two -foot spread. 5 Cabbage palms, minimum height six 4 feet (overall). 5 Nonnative palms, minimum height three 4 feet (overall). SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this City of Cape Canaveral, Florida Ordinance No. 14-98 Page 2 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 parts of an ordinance, in conflict herewith is repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Sandra O. Sims, CITY CLERK Tony Hernandez Buzz Petsos Rocky Randels APPROVED AS TO FORM: Joy Salamone Kohn Bennett, CITY ATTORNEY First Reading: Posted: Published: Second Reading: MEMORANDUM TO: Whitey Moran July 15, 1998 Building Official FROM: Ed Gardulski Public Works Director RE: Tree Grading and Points System On July 14, 1998, the Public Works Director presented to the Beautification Board a proposal to change the landscaping requirement for new construction by the addition of a grading and point system for trees. The Beautification Board approved City's Staff recommendation to add the additional grading and point system. Attached is a copy the grading and point system presented. A motion was approved unanimously by the Board members present. GRADING SHADE TREES INTRODUCTION Since most trees have a life expectancy of many years, it is important to plant good quality trees. The quality or grade of a tree at planting can have a large impact on longevity in the landscape. Tree quality is based on trunk, branch, crown, leaf and root characteristics. age maturing trees which are allowed to develop a double or multiple trunk should not be planted. These are sturdy when they are young but could become increasingly hazardous as they grow larger. Except for small -maturing trees normally grown with multiple trunks, such as crape -myrtle, buttonwood, Japanese ligustrum and others, nursery trees should have one trunk up through the center to the top of the tree. Live oak and some other trees can grow with a modified dominant leader as shown in Fig. l on page 10 (Florida Fancy). Branch diameter should not be larger than 2/3 the diameter of the trunk measured directly above the branch. There should be no flush cuts anywhere on the tree and no open injuries on the trunk or major branches. The crown should be full of foliage and show little, if any, evidence of chlorosis, necrosis, disease or insect infestation. The root ball should be appropriately sized (see any matrix, e.g., page 14). Such a tree is y given the top grade—Florida Fancy. r Trees graded Florida #1 may require some corrective pruning so they develop good trunk and branch structure. They may have minor trunk injuries or could have other defects. Defects can be corrected by pruning the tree once or twice within a ,year or two after planting. Florida #2 is a lesser grade. These trees require major corrective pruning to form a structurally strong tree, or are badly misshapen. Great skill and effort (two or more prunings) are required to develop a structure in these trees which will promote longevity. Defects may take several years to correct. The lowest grade is a. Cull. Defects are not correctable. These trees Iack vigor and/or have poor trunk and branch structure or circling roots. They have other problems such as open wounds, flush cuts or loose root ball which may prevent them from becoming established in the landscape. If they become established, long life is unlikely. The better grades of trees will require less pruning after planting, and they will establish more quickly. These have been properly trained and pruned in the nursery to develop a structure which will be resistant to damage from winds and other outside forces. Most tree maintenance budgets have not been developed to allow for pruning a tree after planting, so it makes sense to start with a tree which is healthy and well formed. If there is a Iarge tree - pruning allocation in the landscape maintenance budget, trees with the poorer grades may be trained into sturdy trees in the landscape by skilled arborists. Special Note: There is a specialty market for trees trained into forms which are not typical of their normal growth habit. Examples include standards, braided stems, poodles, espalier, topiary and bonsai, to name a few. When grading these trees, the height, spread and root -ball diameter -to - caliper relationships outlined in the matrices for these grades and standards do not apply. Therefore, when grading such trees, enter the grading process outlined below beginning at Step 6, skipping Steps 1. through' 5. Large -maturing trees, such as oaks, ae always graded beginning with Step 1 unless the planting specifications indicate that the trees will be maintained as topiaries or other small, clipped specimens throughout their lives in the landscape. Grades established for trees (Florida Fancy, Florida #1, and Florida #2) do not apply to trees used in wetland mitigation. For trees used in wetland mitigation, refer to the wetland section of this manual. 3 U m m W m m J Q. m in U C fU Y C U CL CU CD - m C Q X 3 _ m > O m 'a W m c o m - L)) C: L_ 7 U Y m o o o �° rn m— N 3 3 o v m m (O . to Y Y Y Y Y j m> � 'C 3 E E E o o o o o o o a m m m m in O CD - � o 3 m rn CA— m 0 C o m c o cc � 7 U Y U E E 0 vi � 'v� m cu cn � 3 a � c cc � c� c� ca cu `° c� R - cnU.j 0 C7 /mom C7 C� CD c� c� _� C) �— o O> � r M tf) ' f- tf) � � tt� Lo Lf) Lo L() O - N - ..� CO a T r N c!' CD C� O O N 314 •v .. c Z to _L CD QJ� <W W s > r CO {.LJ_O O g I I I N T T CD T T co O N ct N O_ M CD M CD M I co = 3 x n a V a y W - �.. _ W A C Z a t� a Ii C C u Ou O J Cr Q m W i R y O C Q H C W aQ m - - �• _ CD - - - - - -J. - - cc , C GO O > R R m O~ CD Cx7 r r00 N N M co V 'C1 CO q l(7od y ^ W y _`y .0 � - � z L � E L 0 N - CD - co op r rt . CV O (7 'T M N t7 co �f CO I` Co x .5 c a` R W W � L 'a °, u a � C3) Z _ - ^ _ a - p W 4 W °� o W N > _04 N u s EL = ° - Q. M 0 CO N "I' O (D N co CD� 6 W N C7 C7 t7' LC) Co LC) CD 1`� v .'• N W Z I :2 a. . V ° y` > !n _ _ - - - - - - L t¢i O -tj O CD N M cf O CD - x a = in a M M Co CD CD I� cc)r .� R m` w E c cc R av- ^ c c Q m _ W 1 O C ei C*� CD c0 T zn (D CC) 20 N N 9 a x a`, E N N �+ c 3 > u ° co Z W R N C 67 _• R y V E�o O T� N rt zo CD i� 20 Q) � ° CL F r r r r - N O L `Q O _: I C (U V ' C CiF L. Nl- C14� r r Q �•- r M T T T N N M M '�'• `Ct' Lf•) Ln Z -• N f7 T Ill s rr^^ vJ IL � C I m o co m o mc m mw 'C c a .0 o` o a m > CL �c m .- > > o U m e o. E cn ° 70 o ai u' m Z° Y m L 3 �3�nm �:oomco a m m co c`o .-` o m M o o o Co :3u cr § 110-567 CAPE CANAVERAL CODE (4) Parking areas in the C-1 and M-1 districts and parking areas in the R-3 districts that contain 16 or more parking spaces shall be Planted to a width of at least two feet of the entire perimeter facing the public right -of. way, except for ingress and egress and side- walks. The perimeter shall be planted with decorative shrubs and bushes three feet in height to form a visual screen with a den- sity of 80 percent within two years of plant- ing. Perimeters facing such public right -of. way shall, in addition, have five tree value points planted every 35 feet with at least ten tree values on a minimum 50 -foot C-1 lot 'and _15 tree values on the minimum 75 - foot R-3 lot. (5) No trees shall be planted that will obstruct visibility at intersections or points of in- gress and egress to streets. See section 110- 469. The perimeter footage defined in sec- tion 110-469 and ingress and egress shall not be used to calculate landscaping of pe- rimeters. (6) Existing trees in proposed internal parking areas as listed under subsection (b) of this section shall not be removed if over three inches diameter at breast height (dbh) with- out a permit from the building official. Ev- ery effort shall be made to build, pave or otherwise construct around existing trees of value. (7) (8) (9) Each landscaped area, both within the in- terior parking area and around the perim- eter, shall be served by a functioning un- derground sprinkler system adequate to maintain all landscaping. All landscaping specified in this subsection shall be properly maintained and replaced if for any reason it does not survive. The value of the landscaping for the inter- nal parking areas and their perimeter, as well as all additional external landscaping for other areas on the site, will not be less than one percent of the total cost of the project, including land acquisition, or three percent of the project, excluding land ac- quisition, whichever is greater. (b) Tree value points referred to in subsection (a) of this section will have the following values: Points 10 5 7i'ee Large and medium species, ten feet tall with two-inch diame- ter (dbh) minimum and two -foot spread. Small species, six feet tall with one -inch diameter (dbh) mini- mum and two -foot spread. Cabbage palms, minimum height six feet (overall). Nonnative palms, minimum height three feet (overall). (c) Only trees listed in section 102-44 having the cold tolerance designation (+) shall be consid- ered for use in meeting landscaping requirements for C-1, M-1 and R-3 zones. Further, if the plant- ing is in an area subjected to salt air, the B (bar- rier island) designation shall be present, which meets the state requirement to tolerate xeric con- ditions. Otherwise, documentation must be pre- sented as provided in section 110-566(d). (Code 1981, § 641.44; Ord. No. 1-92, § 2, 1-21-92; Ord. No. 28-94, § 1, 7-19-94) Sec. 110-568. Preservation of trees in all dis- tricts. During the development of any project, all trees of four inches in diameter or larger shall be pre- served or replaced unless they exist within: (1) A proposed public or private easement. (2) A proposed structure dimension. (3) A proposed driveway or designated parking area in the R-1 or R-2 districts. See sections 110-566 and 110-567. (4) Ten feet of a proposed structure. (Code 1981, § 641.59) Cross reference—Preservation of trees, § 102-26 et seq. Secs. 110-569-110-580. Reserved. pp. No. 1 CD110:70 t./ Meeting Type: Regular Meeting Date: 09-01-98 AGENDA Hing Ordinances -1°` heading item 9 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 27-98 AMENDING CHAPTER 22, ARTICLE III COMMUNITY APPEARANCE REVIEW DEPT./DIVISION: COMMUNITY DEVELOPMENT Requested Action: That the City Council consider the approval of these amendments as recommended by the Community Appearance Board. Summary Explanation & Background: The Community Appearance Board was tasked with reviewing the correct code and, as a result of their efforts, is recommending the attached amendments. I recommend approval. Exhibits Attached: P&Z Technical Staff Report dated 08-18-98; Proposed Ordinance City 's Office — Department COMMUNITY DEVELOPMENT :/a council/meeting/1 1-98/27.98.doc ORDINANCE NO. 27-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REGARDING ARTICLE III OF CHAPTER 22, COMMUNITY APPEARANCE REVIEW, BY AMENDING CODE SECTION 22-41, COMPLIANCE WITH OTHER CODE PROVISIONS, BY ADDING A DEFINITION SECTION; AND AMENDING SECTION 22-44, APPLICATION CRITERIA, BY REQUIRING A COLOR PHOTOGRAPH OF THE SITE TO BE SUBMITTED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA, as follows: SECTION 1. Section 22-41, Compliance with Other Code Provisions, is hereby deleted in its entirety, and the following is adopted in lieu thereof Section 22-41. Compliance with other code provisions. A. The requirements of this article are deemed supplemental of, and in addition to, all other applicable codes adopted by the City, including, but not limited to, the land development requirements, and all fire and building regulations. Approval of plans and specifications by the Community Appearance Board shall be construed only for the limited purpose of complying with this article, and in no way shall the applicant construe such approval as evidence of compliance with any other applicable city codes and regulations. B. Definitions of terms used in this Article III shall have the meaning as defined in the land development code as adopted by the city; provided, however, that the following definitions are hereby specifically adopted; Appearance. The outward aspect visible to the public. Appropriate. Sympathetic, or fitting to the context of the site and the whole community. Appurtenances. The visible, functional objects accessory to and part of buildings. Architectural concept. A prominent or significant part or element of a building, structure, or site. Architectural style. The characteristic form and detail, as of buildings of a particular historical period. City of Cape Canaveral, Florida Ordinance No. 27-98 Page 2 Attractive. Having qualities that arouse interest and pleasure in the observer. Cohesiveness. Unity of composition between design elements of a building or a group of buildings and the landscape development. Compatibility. Harmony in the appearance of two or more external design features in the same vicinity. Exterior buildings component. An essential and visible part of the exterior of a building. External design feature. The general arrangement of any portion of a building, sign, landscaping, or structure and including the kind, color, and texture of the materials of such portion, and the types of roof, widows, doors, lights, attached or ground signs, or other fixtures appurtenant to such portions as will be open to public view from any street, place, or way. Graphic element. A letter, illustration, symbol, figure, insignia, or other device employed to express and illustrate a message or part thereof. Harmony. A quality that represents an appropriate and congruent arrangement of parts, as in an arrangement of varied architectural and landscape elements. Light cut-off angle. An angle from vertical, extending downward from a luminaire, which defines the maximum range of incandescent illumination outward at the ground plane. Proportion. Balanced relationship of parts of a building, landscape, structures, or buildings to each other and to the whole. Scale. Proportional relationship of the size of parts to one another and to the human figure. Screening. Structure of planting that conceals from view form public ways the area behind such structure or planting. Street hardware. Man-made objects other than buildings that are part of the streetscape. Examples are: lamp posts, utility poles, traffic lights, traffic signs, benches, litter containers, planting containers, letter boxes, fire hydrants. Streetscape. The scene as may be observed, along a public street or way composed of natural and man-made components, including buildings, paving, planting, street hardware, and miscellaneous structures. Vegetation. Trees, shrubs, vines, ground covers, grass, perennials, annuals, and bulbs. City of Cape Canaveral, Florida Ordinance No. 27-98 Page 3 SECTION 2. Section 22-44, Application Criteria, is hereby amended by deleting subparagraph (3) of paragraph (a) and adopting the following in lieu thereof: (a)(3) Minimum of four color photographs of the site and setting (surrounding area). At least one photograph shall be of the site. The setting photographs shall best represent the architecture (context) of the neighboring structures. SECTION 3. Section 22-44, Application Criteria, is hereby amended by deleting subparagraph (5) of paragraph (b) and adopting the following in lieu thereof: (b)(5) Minimum of four color photographs of the site and setting (surrounding area); At least one photograph shall be of the site. The setting photographs shall best represent the architecture (context) of neighboring structures. SECTION 4. 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 5. CONFLICTING PROVISIONS. Any ordinance, or parts of an ordinance, in conflict herewith is repealed. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. City of Cape Canaveral, Florida Ordinance No. 27-98 Page 4 ADOPTED BY the City Council of the City of Cape Canaveral, Florida this day of , 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bnms Sandra O. Sims, CITY CLERK Tony Hernandez Buzz Petsos Rocky Randels APPROVED AS TO FORM: Joy Salamone Kohn Bennett, CITY ATTORNEY \\Cape-nt\cityclerk\CityClk\Ordinances\Community Appearance Application Criteria doc ity of Cape Canaveral ►FF REPORT Fr: Steven E. Bapp, Planning and Zoning Technician.._ Re: Proposed Amendments, Chapter 22. On August 17, 1998, the Community Appearance Board recommended several changes to Chapter 22 of the Code of Ordinances. The purpose of the recommended ordinance is to focus the Community Appearance Board review process; and also to better determine harmony with surrounding structures. The proposed ordinance will add 19 definitions Section 22. The proposed ordinance changes the number of required photographs from three to four, and also specifies what the photos will be of. Please contact me if you have any questions about this proposed ordinance Cc: Whitey Moran, CBO, City of Cape Canaveral File Enclosure: Proposed Ordinance No _ - 98. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 9 http://fcn.state.fl.us/cape/ 8-18-1998 1 1 = 23AM FROM AMAR I THER I AC, P_ A _ . 407690 ORDINANCE NO. -98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FI:.t7RIDA, REGARDING ARTICLE III OF CHAPTER 22, COM TNPi'Y APPEARA1\T["F Ttt S7 T, BY AMENDING CODE SECTION 22-41, t UMJANCE VyI_1, 01'�IF.R CODE PRMS'IM. BY ADDING A DEFiNMON SECTION; AND SING SECTION 22-44, AFELWATTON , BY REQUIRING A COLOR PHOTOGRAPH OF THE SPIT; TO BE SUBMIT M; PROVIDING FOR SEVER.A ZILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN DATE. BE IT ORDAEW.D BY TM CITY C'OUNCM OF CAPE CANAVERAL FLORIDA, as follows: in its entirety, and the following is adopted in lieu thereof: Sec. 22-41. Compliance with other code provisions. A. The requirements of this article are deemed supplemental of, and in addition to, all odd applicable codes adopted by the city, including, but not limited to, the land development requirements, and all fire and building regulations. Approval of plans and specifications by the community appearance board shall be construed only for the limited purpose of complying with this article, and in no way shall the applicant consttue such approval as evidence of compliance with any other applicable city Godes and regulations. B. Definitions of term used in this Article III shall have the meaning as defined in the land development code as adopted by the city; provided, however, that the following definitions are hereby specifically adopted: Appearance. The outward aspect visible to the public. Appropriate. Sympathetic or fitting to the context of the site and the whole community. .Apprarenarices. Ilie visible, fi=tional objects accessory to and part of buildings. Architectural concept. A prominent or significant part or element of a building, structure, or site. P. 2 08/18/98 11:26 TX/RX NO.5735 F.002 0 8-18-1998 11:23AM FROM AMARI THERIAC.P_A_. 4076396690 City of Cape Canaveral Ordinance No. -98 Page 2 Architectural style. The characteristic form and detail, as of buildings of a particular historical period. Attractive. Having, qualities that arouse interest and pleasure in the observer. Cohesiveness. Unity of composition between design elements of a building or a group of buildings and the landscape development. Compatibility. Harmony in he appearance of two or more external design features in the same vicinity. Exterior buildings component. An essential and visible part of the exterior of a building. External design feature. The general arrangement of any portion of a building, sign, landscaping, or structure and including the kind, color, and texture of the materials of such portion, and the types of roof, windows, doors, lights, attached or ground signs, or other fixtures appurtenant to such portions as will be open to public view from any street, place, or way. Graphic element. A letter, illustration, symbol, figure, insignia, or other device employed to express and illustrate a message or part thereof. Harmony. A quality that represents an appropriate and congruent arrangement of parts, as in an arrangement of varied architectural and landscape elements. Light cut -o, f�' angle. An angle from vertical, extending downward from a luminaire, which defines the maximum range of incandescent illumination outward at the ground plane. Proportion. Balanced relationship of parts of a building, landscape, structures, or buildings to each other and to the whole. Scale. Proportional relationship of the size of parts to one another and to the human, figure. Screening. Structure of planning that conceals from view from public ways the area behind such structure or planting, P. 3 08/18/98 11:26 TX/RX N0.5735 P.003 M 8-18-1998 11:24AM FROM AMARI THERIAC.P_A_. 4076396690 City of Cape Canaveral Ordinance No. -98 Page 3 Street hardware. Man-made objects other than buildings that are part of the streetscape. Ertatnples are: lamp posts, utility poles, traffic lights, traffic signs, benches, litter containers, planting containers, letter boxes, fire hydrants. Stmetscape. The scene as may be observed along a public street or way composed Of natural and man-made components, including buildings, paving, planting, street hardware, and miscellaneous structures. Vegetation. Trees, shrubs, vines, ground covers, grass, perennials, annuals, and bulbs. SECTION 2. Section 22-44, �j��r]is�tion Criteria, is hereby amended by deleting subparagraph (3) of paragraph (a) and adopting the following in lieu thereof: (a)(3) Minimum of four color photographs of the site and setting (surrounding area). At least one photograph shall be of the site. The setting photographs. shall best represent the architecture (context) of neighboring structures. SECTION 3. Section 2244, A VlkMd= Cdtada, is hereby amended by deleting subparagraph (5) of paragraph (b) and adopting the following in lieu thereof: (b)(5) Minimum of four color photographs of the site and setting (surrounding area), At least one photograph "I be of the site. The setting photographs shall best represent the architecture (context) of neighboring structures. SECTION 4. SEMMARiT.tT�V. 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. MW 08/18/98 11:26 TX/RX N0.5735 P.004 0 B-18-1998 11:24AM FROM AMARI THERIA6,R_A., 4076396690 City of Cape Canaveral Ordinance No. -98 Page 4 11121 iii I : in conflict herewith is repealed. R. 5 SEMM 6. E*EMCIVE PAU. This Ordinance shall take effect immediately upon its adoption. ADOPTIM BY the City Council of the City of Cape Canaveral, Florida, this day of , 1998. ATTEST: Sandra O_ Sims, CITY CLERK Approved as to Form: Kohn Bennett, CITY ATTORNEY Rocky Randels, MAXOR 08/18/98 11:26 TX/RX N0.5735 P.005 0 Meeting Type: Regular Meeting Date: Sept. 1, 1998 AGENDA Heading Ordinances — 1St Reading item 10 No. Exhibits Attached: Ordinance No. 28-98; Planning and Zoning recommendation memorandum; and Staff Report and AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Ordinance No. 28-98, Wireless Telecommunication Towers and Antennas, Providing for Revisions of the Administrative Uses and an Adoption of Provisions Regulating Nonconforming Structures. DEPT./DIVISION: Building Department Requested Action: Approval of Ordinance No. 28-98, Wireless Telecommunication Towers and Antennas for public hearing and second reading. Summary Explanation & Background: This ordinance clarifies the code's intent to allow towers to be rebuilt on-site with less intrusive construction and allowing for co -locations of antennas Exhibits Attached: Ordinance No. 28-98; Planning and Zoning recommendation memorandum; and Staff Report and Recommendation to the Planning and Zoning Board. City Manager's Office Department `,� 1.¢/ Building Department \\Cape-nt\Commc� DocumentsWenda f64.do6 / \\cape-nt\common documents\wireless communications cm cover.doc ORDINANCE NO. 28-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ARTICLE IX, SUPPLEMENTARY DISTRICT REGULATIONS, BY AMENDING SECTION 110-483, WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS, OF THE CODE OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR REVISIONS OF THE ADMINISTRATIVE USES AND AN ADOPTION OF PROVISIONS REGULATION NONCONFORMING STRUCTURES; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVISING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA as follows: SECTION 1. Section 110-483, 6(a)(5) is hereby deleted in its entirety, and the following is adopted in lieu thereof: Sec. 110-483. Wireless telecommunication towers and antennas. 6(a)(5) In connection with any such administration approval, the building official may, in order to encourage shares use, administratively waive any zoning district setback requirements in subsection 7(b)(4) or separation distances between towers in subsection 7(b)(5). SECTION 2. Section 110-483, 6(b)(1)(b)(iii)(a) is hereby deleted in its entirety, and the following is adopted in lieu thereof: Sec. 110-483. Wireless telecommunication towers and antennas. 6(b)(1)(b)(iii)(a) A tower which is being rebuilt that will accommodate collocation of additional antennas may be moved onsite within one hundred feet (100') of its existing location. SECTION 3. Section 110-483, 6(b)(1)(iii)(c) is hereby deleted in its entirety, and the following is adopted in lieu thereof Section. 110-483. Wireless telecommunication towers and antennas. 6(b)(1)(iii)(c) A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between City of Cape Canaveral, Florida Ordinance No. 28-98 Page 2 towers pursuant to subparagraph 7(b)(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of subparagraph 7(b)(4) or 7(b)(5). SECTION 4. Section 110-483 6(b)(1)(b)(iii)(d) is hereby deleted in its entirety, and the Following is adopted in lieu thereof: Section. 110-483. Wireless telecommunication towers and antennas. 6(b)(1)(iii)(d) The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in subparagraphs 7(b)(4) and 7(b)(5) shall only be permitted when approved by the building official. SECTION 5. Paragraph 11 of Section 110-483 is hereby adopted as follows: Section 110-483. Wireless telecommunication towers and antennas. 11. Nonconforming towers shall be allowed to be rebuilt and relocated elsewhere on the existing site with administrative approval of the building official under the following conditions: (a) The tower does not exceed the maximum height allowed in 110-483, 4(o). (b) The tower does not reduce the existing setback from residentially zoned property. (c) The tower does not reduce the existing separation distances from other existing towers. (d) The tower includes the provision for the collocation of antennas. (e) The tower is designed to be less intrusive than the existing tower. (f) The existing tower is removed within thirty (30) days of completion of the new tower. SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict. City of Cape Canaveral, Florida Ordinance No. 28-98 Page 3 SECTION 7. If any provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining provisions of this Ordinance. SECTION 8. This Ordinance shall be effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Sandra O. Sims, CITY CLERK Tony Hernandez Buzz Petsos Rocky Randels APPROVED AS TO FORM: Joy Salamone Kohn Bennett, CITY ATTORNEY \\Cape-nt\cityclerk\CityClk\Ordinances\Wireless Telecommunications Amend.doc M E M O R A N D U M Date: August 27, 1998 To: Bennett Boucher, City Manager From: G. J. Moran, CBO, Building Official Re: Proposed Amendment to Code Section 110-483, Wireless Telecommunication Ordinance The Planning & Zoning Board has reviewed the above proposed ordinance as requested by City staff. After discussion, the Board unanimously recommended approval of the proposed ordinance. Please schedule this request on the next City Council meeting agenda. copied to: Sandy Sims, City Clerk ty of Cape Canaveral F REPORT TO: Planning & Zoning Board Members FROM: Whitey Moran, Building Official SUBJECT: Request to Amend Code Section 110-483, Telecommunications Towers. The attached proposed amendments are designed to eliminate an oversight in the ordinance. The ordinance was intended to make it allowable to rebuild a tower on site with the intent to make it less intrusive, more attractive, allow for collocation of antennas and make an overall improvement to existing sites. As written it did not accomplish the intent completely. With assistance of the City Attorney, Kohn Bennett, staff has addressed the pertinent issues and has confidence that the attached proposed amendments will accomplish the intent. Staff recommends that the Planning & Zoning Board members place this request on the next scheduled meeting agenda and at that meeting send the proposed amendments to the City Council with a recommendation for approval. 105 Polk Avenue • Post Office Bog 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 9 http://fcn.state.fl.us/cape/ Meeting Type: Regular Meeting Date: 09-01-98 AGENDA Heading Resolutions Item 11 No. taxed upon withdrawal; interest income is taxable. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-22, AMENDING THE CITY OF CAPE CANAVERAL EMPLOYEE'S PENSION PLAN DEPUDIVISION: ADMINISTRATION Requested Action: That the City Council consider the adoption of Resolution No. 98-22 allowing voluntary employee contributions to the City's Defined Contribution Pension Plan. Summary Explanation & Background: The pension plan amendment would allow city employees to make voluntary, after tax contributions to the city pension plan. An employee can contribute up to 10% of their compensation. After tax contributions are not taxed upon withdrawal; interest income is taxable. These is an option the city can offer its employees in addition to the 457 pension plan that is available to all city employees. I recommend approval. Exhibits Attached: Resolution No. 98-22; Employee Sign -Up Sheet City Manager's Office Department ADMINISTRATION g: /admin/council/meotfng/ 1098/09-01-98/98-22.doc RESOLUTION NO. 98-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL; AMENDING THE CITY OF CAPE CANVERAL EMPLOYEES' PENSION PLAN; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City council has, by adoption of Resolution No. 87-71, approved participation in the Florida Municipal Pension Trust Fund; and WHEREAS, the City Council desires to amend the plan to allow for voluntary employee contributions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral: Section 1. The City Council of the City of Cape Canaveral hereby approves the changes to the plan document as set forth below: 4.01(x, Voluntary Employee Contributions. A Participant may make Voluntary Employee Contributions to the plan not to exceed 10% of compensation Contributions are to be made by payroll deduction on an after-tax basis. Elections to make contributions, discontinue contributions or change the amount of contributions shall be in writing, signedy the participant, on such form or forms as the Administrator shall provide, and submitted to the Employer on or before the Anniversary Date preceding the Plan year in which the contribution is to take effect, and shall apply to succeeding_ plan years until changed by a subsequent election by the Employee. No elections or changes may be made during the Plan year affecting that Plan Year. Each newly hired employee shall become eligible to make a contribution on the date of entry into the Plan. Upon termination of employment, the amount contributed by a participant shall be distributed to that person or implied to that person's benefit as provided in Article VI. Section 2. The City Council of the City of Cape Canaveral hereby empowers the Mayor or its appointee of the City of Cape Canaveral with the authority to execute such documents and agreements as are required to effectuate these amendments of the Plan. Section 3. All Resolutions or parts of Resolutions in conflict with this Resolution are hereby repealed. Section 4. This Resolution shall be effective 1 1998. City of Cape Canaveral Resolution No. 98-22 Page 2 PASSED AND RESOLVED this _ day of )1998. ATTEST: John K. Porter, MAYOR FOR AGAINST BURT BRUNS TONY BERNANDEZ Sandra O. Sims, CITY CLERK BUZZ PETSOS JOY SALAMONE ROCKY RANDELS APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY From: Jeannie Hagan [JHagan c@flcities.com] Sent: Wednesday, August 19, 1998 4:31 PM To: capecm@mail.state.fl.us Subject: Defined Contribution Plan Change 71 EECONT.dee Voleont.dx Pursuant to our discussion, please find a SAMPLE Resolution amending the Defined Contribution Plan to include voluntary employee contributions. An Employee Contribution Form that would be used to sign up for the contributions is also attached. Please advise our office when a decision is made and we will forward a supply of forms as appropriate. <<EECONT.doc>> <<Volcont.doc>> Jeannie Hagan Pension Services Analyst Florida League of Cities, Inc. Florida Municipal Pension Trust Fund RESOLUTION NO. AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL; AMENDING THE CITY OF CAPE CANAVERAL EMPLOYEES' PENSION PLAN; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has, by adoption of resolution No. 87-71, approved participation in the Florida Municipal Pension Trust Fund. And WIEREAS, the City Council desires to amend the plan to allow for voluntary employee contributions. NOW, TBEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL: SECTION 1. The City Council of the City of Cape Canaveral hereby approves the changes to the plan document as set forth below: 4.01(a) Voluntary Employee Contributions. A Participant may make Voluntary Employee Contributions to the plan not to exceed 10% of compensation. Contributions are to be made by p vroll deduction on an after-tax basis. Elections to make contributions discontinue contributions resume contributions or chane the amount of contributions shall be in writing signed the participant, on such form or forms as the Administrator shall provide, and submitted to the Em lover on or before the Anniver_sgy Date preceding the Plan year in which the contribution is to take effect, and shall apply to succeeding plan years until changed by a subsequent election by the Employee. No elections or changes may be made during the Plan year affecting that Plan Year. Each newly hired emplo..yee shall be come eligible to make a contribution on the date of entry into the Plan. Upon termination of employment the amount contributed by a participant shall be distributed to him or applied to his benefit as provided in Article VI. SECTION 2. The City Council of the City of Cape Canaveral hereby empowers the Mayor or its appointee of the City of Cape Canaveral with the authority to execute such documents and agreements as are required to effectuate these amendments of the Plan. SECTION 3. All Resolutions or parts of Resolutions, in conflict with this Resolution are hereby repealed. SECTION 4. This Resolution shall be effective PASSED AND RESOLVED this day of , 1998. ATTEST: TYPE Name, Title Signatory Title (SEAL) CITY OF CAPE CANAVERAL EMPLOYEES' PENSION PLAN VOLUNTARY EMPLOYEE CONTRIBUTION FORM THIS AGREEMENT, made by the City of Cape Canaveral, herein referred to as "Employer", and , herein referred to as "Participating Employee". WHEREAS, the Employer has established a Pension Plan for the benefit of its employees; and WHEREAS, the Plan provides that any eligible employees, subject to the limitations established in the Plan of the Employer, may elect to voluntarily contribute up to 10% of his compensation. NOW, THEREFORE, THE EMPLOYER AND THE PARTICIPATING EMPLOYEE AGREE AS FOLLOWS: 1. - The voluntary contributions will be made by payroll deduction and mailed to the Pension Fund within 30 days of the deduction. 2. The Participating Employees rights to his Employee Contributions shall always be non -forfeitable and fully vested. 3. Elections and changes in elections shall be submitted to the Employer on or before the Anniversary Date preceding the Plan year in which the contribution is to take effect, and shall apply to succeeding Plan Years. 4. No elections shall be made during the Plan Year affecting that Plan year. 5. Each newly hired employee shall become eligible to contribute voluntary contributions starting with the date of entry into the plan. 6. The Participating Employee shall hereby elect to make voluntary employee contributions pursuant to the City of Cape Canaveral Employees' Pension Plan Cbmmunity Redevelopment Agency as follows: (a) Percentage of Compensation per pay period: compensation) beginning on (Deduction Start date*) (not to exceed % of * For newly hired employees, the deduction start date should be the date of entry into the Plan. For existing employees that decide to contribute after their date of entry, the deduction start date must be October 1, City of Cape Canaveral Vol. EE Cont Form Page 2 7. The Participating Employee agrees that his or her rights to the voluntary compensation and under the Plan shall be governed by all terms and conditions of the Plan. 8. To the extent available information permits, the Plan will be administered so as to prevent any Participant from contributing in excess of permitted ceilings, unless otherwise permitted by law. However, it is the Participant's responsibility not to exceed the maximum amount that can be specified in a calendar year. (Please note that the Internal Revenue Code governs the maximum ceiling) 9. - I hereby authorize my employer to deduct from my salary the amount specified above and to transmit the deduction as selected. This authorization will continue in effect until I submit timely termination. Participating Employee Authorized Representative City of Cape Canaveral Date Date 06/96 Meeting Type: Regular Meeting Date: 09-01-98 AGENDA REPORT AGENDA Heading Considerations Item 13 No. I recommend approval. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: AUTHORIZATION TO APPLY FOR A COPS FAST GRANT DEPT. /DIVISION: SHERIFF'S DEPARTMENT/PUBLIC SAFETY Requested Action: That the City Council authorize the city manager to apply for a Cops Fast Grant. Summary Explanation & Background: This grant would add a community policing deputy starting 01-01-98, if approved. The grant is for a (3) year period with the grant paying $74,927.90 and the city match is $45,800.72. This request is in line with city council's goal of enhancing our community policing program. I recommend approval. Exhibits Attached: Cops Fast Application Cit er's O�, Department SHERIFF'S DEPT/PUBLIC SAFETY council/met /199 - 8/cops.doc U.S. Department of Justice POffice of Community Oriented Policing ServiceC0 CFDA No.: 16.710 SAI No. (for state sPOC am only): Date submitted to SPOC: Universal Hiring Program Officer Hiring Request nor caps MVo am Fasr Yes, we are interested in participating in the COPS Universal Hiring Program. We understand that COPS Universal Hiring Program grants provide a maximum Federal contribution of 75 percent of the salary and benefits of each officer over three years, up to a cap of $75,000 per officer, with the Federal share decreasing from year to year unless a waiver of matching local funds is granted. Applications are due postmarked by March 20, May 22 or July 10, 1998. All information requested below must be typed. Applicant Organization's Legal Name: City of Cape Canaveral Applicant Agency EIN Number (assigned by the IRS): 59-0974636 (If your department has been assigned an EIN number by the Office of Justice Programs, please use that assigned number. Otherwise, your Internal Revenue Service EIN number should be used.) Applicant Agency ORI Number (assigned by FBI for UCR reporting): FL00501 Total number of new officers requested for this application: Full -Time: 1 Part -Time: 0 Date(s) by which you would like to hire the officer(s): January 1, 1999 Are you contracting for law enforcement services? D Yes 0 No If "yes," enter the name and agency information of the contract law enforcement department in the Executive Information section below. Executive hff muffion: Law Enforcement Executive's Name: Major George McGee Title: Precinct Commander Agency Name: Brevard County Sheriff's Department/Canaveral Precinct Address: Ill Polk Avenue City: Cape Canaveral State: Florida Zip Code: 32920 Telephone: (407) 868-1113 FAX: (407) 784-8340 Name of contact person in your department who is familiar with this grant: Andrea Bowers, Treasurer Telephone: (407) 868-1234 FAX: (407) 799-3170 Government Executive's Name: Bennett C. Boucher Name of Government Entity: City of Cape Canaveral Address: 105 Polk Avenue City: Cape Canaveral State: Florida Title: City Manager Zip Code: 32920 Telephone: ( 407) 868-1230 FAX: ( 407) 799-3170 U.S. Department of Justice Office of Community Oriented Policing Services COP)r certfficauons R,n9 trob4ft; Debarnwlk &SpMdon and 011ier R bdity MatflErs; 0mg free Wore n,q11ents Ooordutallo wish Affiecled Agencies; 'ng; and Retention. Although the Department of justice has made every effort to simplify the application process, other provisions of Federal law require us to seek your certification regarding certain matters. Applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, 'New Restrictions on Lobbying;' and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace (Grants)," and the coordination and non -supplanting requirements of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be treated as a material represen- tation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant L Lobbying As required by Section 1352, Title 31 of the US. Code, and imple- mented at 28 CFR Part 69, for persons entering into a grant or coop- erative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for inflrr ening or attempting to influence an officer or employee of any agency; a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal grant or cooperative agreement, B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and sub- mit Standard Form — LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; C. The undersigned shall require that the language of this certifi- cation be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and coopera- tive agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510— A. 7.510— A. The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a state or Federal court, or voluntarily excluded from covered transactions by any Federal depart- ment or agency; (ii) Have not within a three-year period preceding this appli- cation been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perform ing public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, maldng false statements, or receiving stolen property; (iii) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state or local) with commission of any of the offenses enumerated in paragraph (A)(ii) of this certification; and (iv) Have not within a three-year period preceding this appli- cation had one or more public transactions (Federal, state or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the state- ments in this certification, he or she shall attach an explanation to this application. 3. Drug -Free Workplace (Grantees Other Than Individuals) As required by the Drug -Free Workplace Act of 1988, and imple- mented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67, Sections 67.615 and 67.620 — A. The applicant certifies that it will, or will continue to, provide a drug-free workplace by: (i) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (ii) Establishing an on-going drug-free awareness program to inform employees about — U.S. Department of Justice Office of Community Oriented Policing Services Assurances N 4 1Gil� t P E n tI d 1 Several provisions of federal law and policy apply to all grant programs. We (the Office of Community Oriented Policing Services) need to secure your assurance that you (the applicant) will comply with these provisions. If ,you would like further information about any of the matters on which we seek your assurance, please contact us. By your authorized representative's signature, you assure us and certify to us that you will comply with all legal and adminis- trative requirements that govern the applicant for acceptance and use of federal grant funds. In particular, you assure us that: 1. You have been legally and officially authorized by the appropriate governing body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assur- ances on your behalf are authorized to do so and to act on your behalf with respect to any issues that may arise during processing of this application. 2. You will comply with the provisions of federal law which limit certain political activities of your employees whose principal employment is in connection with an activity financed in whole or in part with this grant. These restrictions are set forth in 5 U.S.C. j 1501, et seq. 3. You will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if they apply to you. 4. You will establish safeguards, if you have not done so already, to prohibit employees from using their positions fora purpose that is, or gives the appearance of being, motivated by a desire for private gain for themsehes or others, particularly those with whom they have family, business, or other ties. 5. You will give the Department of Justice or the Comptroller General access to and the right to examine records and documents related to the grant. 6. You will comply with all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant, with the program guidelines, with the requirements of 01",113 Circulars A -S7 (governing cost calculations) and A-128 or A- 133 (governing audits), with the applicable provisions of the Omnibus Gime Control and Safe Streets Act of 1968, as amended, with 28 CFR Part 66 (Uniform Administrative Requirements), with the provisions of the current edition of the COPS Universal Hiring Owners Manual,and with all other applicable laws, orders, regula- tions, or circulars. 7. You will, to the extent practicable and consistent with applicable law, seek, recruit, and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the swum posi- tions in your agency. S. You will not, on the ground of race, color, religion, national origin, gender, disability or age, unlawfully exclude any person from partic- ipation in, deny the benefits of or employment to any person, or sub- ject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds. These civil rights requirements are found in the nondiscrimination provi- sions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789(d)); Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. �'fi 1301-1303); Section 50.1 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 5 794); Title 11, Subtitle A of the Americans with Disabilities Act (ADA) (42 U.S.C. � 12101, et seq.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and Department of Justice Non -Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion, national origin, gender, disability or age against you after a due process hearing, you agree to forward a copy of the finding to the COPS Legal Division, 1100 Vermont Avenue, N.W., Washington, DC 205-30. Q. If you are applying; for a grant of 5500,000 or more and Department regulations (2S CFR 42.301 et seq.) require you to submit an Equal OpportunityEmployment Plan, you will do so at the time of this application, if you have not done so in the past. If you are applying for a grant of less than 5500,000 and the regu- lations require you to maintain a Plan on file in your office, you will do so within 120 days of your grant award. 9. You will insure that the facilities under your ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that you will notify us if you are advised by the EPA indicating that a facility to be used in this grant is under consideration for listing by EPA. 10. If your state has established a review and comment procedure under EXecuti%,e Order 12372 and has selected this program for review, you have made this application available for review by the State Single Point of Contact. I hrrcbu ccrti> l cornfrliinrce with the above assurances that gozvrn tlu° application and use of Fcdcral fiords. Signature: Date: Bennett C. Boucher, City Manager o c O C A fl. = o CS n COPY ..C4 oo, o �+ y CD _y� y cmz C T141 cr CD 07 rho` O '� (D = CD M t C n yu7 p La C 07 p th C co C ai w oa 6s Efl 4fl .6s 4fl 6s .6% 4A Efl Efl y 4fl T C OG Li r- N y _ N � -i N _I cr y QQ tv �o WW tv rn ,A n n' CD Q y F �1O W P W ca O� C fl - w o Ul o 0 o a� V y =aq oa -c� n00000000 a m "� -�c o Q- Q y CA «.• rp 00 th Z6 CL � o to `,, cn �-OQo=oma o• = = = �o 2 `c =� = 5 m cr m OG n C m ' -n► n -e p `p to Q' �, � � � � y =• �„ a c a. � � � y .1zi = y m ami o H n � `° rn -- L. m `c n cn Q' o oc C� N- O rh C) O C w N R m-1 N 'o nCCCGCCCC m a n w c y n y t. �. .� ti-. n o .� a a a y a � 1 "'� � .�". a a O E; y "' to „"I m j n `O � O 19 y Oz y a coocn n� '' ?,. ZS m z) W y CD tJ y _• p cn cm 'n r' m M n n rfl ryD W lZ7 i QR `� co ?' 7 O` � rD y sin m -C ooul y rD o v' �T —� M r� y W-CLr �;; co c�i " t� rt zz RQ Ln rD O O rD co tz :D vi O 2) n Cy O `c QQ n0 a� C C y CDO a w A a N a a iy n n n cr rD m S �n a a. a•• C n rD p 5 U] c n a tOD p y C n m -'fie C [CD rOo p vrOi n rD rD n CJ m to a cai� p V Q n a vai a v r'o ft d W to v, `� a c = fD N a a s .°\_. CD �c �' CD ft .P N A I jN Ul 00 -j a ee �] l0 O �.O �1 �o O 00 N Ui O N N O F- 00 O 0 W �] c O� O N W 00 W O O --] O o m O a, ? 09 � :D '1 R m-1 N 'o nCCCGCCCC m o o c o,�pooC p a y n y t. �. .� ti-. H .� a a a y a � 1 "'� � .�". a a n n n to nn n `O o n y Oz y a coocn n� '' ?,. ZS m z) m __ - O y a, sz. `n v' sa, a ''• �• °e = �, a- sin -C ooul C •� `�° o v' -e r� ,=' Zsf o y �" �;; co c�i " t� zz RQ Ln rD rD QQ n0 Sy C y _ n a w A a N a a iy n n n cr rD m S �n a a. a•• C a _ C `9 c n a tOD p y C n y -'fie O� rOo p vrOi C a cai� p V Q n a vai a v r'o ft W to v, `� a c = fD N a a s .°\_. �c �' CD ft a ee a R m-1 N nz w N > b cr n � � � ai n O ❑ � C � a Z cm. n• �� m� ... aco .., O O rC n ro � C C � � � Z iU � n � � "� � � �• � ° a 059 crq aqril aq -n 5° CL C "A �_ m n > `G 00C rf °D C _ C' CJS aco 5 O v� ►yi y •, Ca •� CD aq ° ^• � �• y � Q' � .•. O- C N ° 0 m o `9 a r o �¢ Ul W �' s am Ov UncVn my am n 5 ■C v F o Oaet n F ^ Z z =a ate= a ^ �' oa C) r c o= Q. 7_ n w n 1�" m L^i ` ^ iii • n••� C ^ O ...I u ` (� n60 T C ..� C Q9 - O C 'A N JzjfD (U m y v n c c ? C v 0° Z c o ^ T y c� �, G z Fl cn O r m n x ^ c° i ---m c ° Cr rD n oc mMl Ln v < c. CL = ^a La 3 r n C m O in 0'0 CFO N � � �cCD `< M N. .- c =, c ^l FE � a rr: f -PFD w m 0\0 ui x C 1+ aq m 0 cn `n< ct n n (D a m 9 CO C 4 N A I Lam-' 0 0 0 CA lit] d m CD Co fia � �� � m y f _ - Ui W CJ7 00 00 0 N U7 C) 0\0 0\0 00 .��-. � I I'D , I NI I �o ? rx N N N rp O •a ) c y �o = � n n 7 n o y y a a S a n 0 � a a -< lun �C I =� m N r9 i -C ER Hi ffi y m a W I N v � I y j I y i i i � I �9 I f I ' 11i lit] d m CD Co T co C:6 O n O C co C rD 2, 5r Er... ] `n O. y m m ti 03 O �_ rp CD!C� 0C �..• V 1 co C - 04 0. = m W tn fD .. ,cc 5 n `� G � ?cc o ;' a T tD O 7 5 5 CD v co f D U) Cl. M m ? O' y r^o = A N� .., O av v CD CL O o � y e cc CAcn C ^ C .C•. cn eD � n y p,. C • 5 • :� , 03 cc ft at I^ H C 5 ani fD ^ r ry) rJ ►+ O N � c a. ro 0 5 R R y su cm 0 5• � o. � O r• � �D �. T y orb C fia I j;F� �� � y f _ - Ui W CJ7 00 00 0 N U7 C) 0\0 0\0 00 .��-. � I I'D , I NI I �o T co C:6 O n O C co C rD 2, 5r Er... ] `n O. y m m ti 03 O �_ rp CD!C� 0C �..• V 1 co C - 04 0. = m W tn fD .. ,cc 5 n `� G � ?cc o ;' a T tD O 7 5 5 CD v co f D U) Cl. M m ? O' y r^o = A N� .., O av v CD CL O o � y e cc CAcn C ^ C .C•. cn eD � n y p,. C • 5 • :� , 03 cc ft at I^ H C 5 ani fD ^ r ry) rJ ►+ O N � c a. ro 0 5 R R y su cm 0 5• � o. � O r• � �D �. T y orb C fia I j;F� �� � y f tn� Q W o Ln a 00 I'D , -' N O ? rx N N N rp O •a ) c y �o = 7 n l S T co C:6 O n O C co C rD 2, 5r Er... ] `n O. y m m ti 03 O �_ rp CD!C� 0C �..• V 1 co C - 04 0. = m W tn fD .. ,cc 5 n `� G � ?cc o ;' a T tD O 7 5 5 CD v co f D U) Cl. M m ? O' y r^o = A N� .., O av v CD CL O o � y e cc CAcn C ^ C .C•. cn eD � n y p,. C • 5 • :� , 03 cc ft at I^ H C 5 ani fD ^ r ry) rJ ►+ O N � c a. ro 0 5 R R y su cm 0 5• � o. � O r• � �D �. T y orb C v rT F y n