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HomeMy WebLinkAboutAgenda Packet 04-01-1997 4, E City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX CITY OF CAPE CANAVERAL 11 I Polk Avenue, Cape Canaveral, Florida TUESDAY April 1, 1997 7:00 P.M. AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PROCLAMATIONS: Keep Brevard Beautiful Week and"Trash Bash" Day National Records and Information Management Week International Building Safety Week INTERVIEWS: Dolores J. Stribling, Community Appearance Board Thomas H. Quinn, Construction Board of Adjustment and Appeals CONSIDERATIONS: 1. Ailotioft to Approve: The City Council Regular Meeting Minutes of March 18, 1997. 2. Motion to Approve: Cooperative purchase of a high pressure sewer cleaner in the amount of$29,763. PUBLIC HEARINGS ORDINANCE - FIRST READING: 3. Allotion to Approve: Ordinance No. OS-97, Redefining Hotels and Motels within the City. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES OF THE CITY, AMENDING SECTION 110-1, DEFINITIONS, BY REDEFINING HOTELS AND MOTELS WITHIN THE CITY,- PROVIDING FOR SEVERABILITY; PROVIDING FOR "Welk.we 'h reLuh,194"0-1-01-9"dnc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • FAX (407) 799-3170 ity Council Regular Meeting Agenda April 1. 1997 Page 2 REPEAL OF INCONSISTENT ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE - SECOND READING: 4. Motioti to Adapt Ordinance No. 04-97, Procedures for Franchise Agreements on Right-of-way Use Agreements. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTABLISHING MINIMUM REQUIREMENTS, PROCEDURES, REGULATIONS, AND APPLICATION INFORMATION FOR FRANCHISE AGREEMENTS OR RIGHT-OF-WAY USE AGREEMENTS; PROHIBITING THE USE OF ANY PUBLIC RIGHT-OF-WAY USE AGREEMENTS; PROHIBITING THE USE OF ANY PUBLIC RIGHT-OF-WAYS LOCATED WITHIN THE CITY WITHOUT OBTAINING AN AGREEMENT OR PERMIT FROM THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. DISCUSSION: 5. Revising the Commercial Development Board Membership from nine members, to five members and two alternates. 6. An ordinance amending chapter 110, article v, nonconformities, by amending section 1 10-193, nonconforming structures; providing an exception to the prohibition of enlarging nonconforming residential structures on nonconforming logs of record. Subject introduced by Jovan Barzelatto. REPORTS: 7. City Manager's Report AUDIENCE TO BE HEARD: REPORTS CONTINUED: ADJOURNMENT: If anN'person decides to appeal an}'decision made by the Cite Council vKith respect to any matter considered at this meeting. he/she N\ill need a record of the proceedings,and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made. v\hicli record includes the testimom_ and evidence upon which the appeal is to be based(FS 28 6.0105). CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 18, 1997 7:00 P.M. MINUTES CALL TO ORDER: Council Members Present Burt Bruns Tony Hernandez Buzz Petsos Mayor John Porter Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims City Treasurer, Deborah Haggerty Barker Buildin,-T Official, G. J. "Whitey" Moran Public Works Director, Edward Gardulski PLEDGE OF ALLEGIANCE: PRESENTATIONS: Mayor John Porter, City Manager Bennett Boucher, and City Clerk Sandra Sims coirunended Susan Stills, Deputy City Clerk for her outstanding performance and presented her with the "Special Employee Award." Mr. Edward Beck, Managing Partner and Ms. Wendy Knippel, Audit Manager for Bray, Beck & Koetter presented the City's Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 1996. (Tape 1.4243) dr ctl)d—I"tydk minute>aegular114V�.0i-1R- -dnc Citv Council Regular Meeting Minutes March 18. 1997 Page 2 CONSIDERATIONS: 1. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Randels to approve the City Council Regular Meeting Minutes of March 4, 1997. Mr. Randels stated that highlighting the subject of each agenda item and inserting the tape number and placement is a good idea for facilitating future reference. The motion passed 5-0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For; Mr. Petsos, For, Mayor Porter, For; and Mayor Pro Tem Randels, For. (Tape 1.#964) 2. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve the Annual Audit Report for Fiscal Year Ending September 30, 1996. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For, Mr. Petsos, For; Mayor Porter, For, and Mayor Pro Tem Randels, For. (Tape 1.4992) 3. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Hernandez to approve the Grant Agreement with the Department of Community Affairs, in the amount of $;9,163 for the purpose of installing a new I OKW generator in the City Hall Annex and storm shutters for City Hall, the Annex and Recreation buildings. City Manager Boucher explained that the city will be reimbursed once the project is complete. The motion passed 5-0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr, Petsos, For, Mayor Porter, For; and Mayor Pro Tem Randels, For. (Tape 1.#1082) PUBLIC HEARINGS ORDINANCE - FIRST READING: 4. Mayor Porter read Ordinance No. 02-97 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTABLISHING MINIMUM REQUIREMENTS, PROCEDURES, REGULATIONS, AND APPLICATION INFORMATION FOR FRANCHISE AGREEMENTS OR RIGHT-OF-WAY USE AGREEMENTS, PROHIBITING THE USE OF ANY PUBLIC RIGHT-OF-WAY USE AGREEMENTS, PROHIBITING THE USE OF ANY PUBLIC RIGHTS-OF-WAY LOCATED WITHIN THE CITY WITHOUT OBTAINING AN AGREEMENT OR PERMIT FROM THE CITY, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve Ordinance No. 04-97 for second reading. City Attorney, Kohn Bennett, explained that Florida Statutes allow franchise fees and permit requirements. He related that the City has always relied on State Statutes solely, with no formal procedures. This ordinance provides for an application procedure in the form of a franchise or right-of-way agreement. Cite Council Regular Meeting Minutes March 19. 1997 Page 3 City Manager Boucher stated that the term "filing fee" on page 2 should be changed to "application fee." Mr. Petsos stated that reference should be made that all intersections shall be crossed by "jack and bore." Council also concurred that the City should follow the same rule, henceforth. Mr. Hans Saurenmann, a resident, queried if right-of-way agreements should be covered under a separate ordinance than franchises. Mr. Bennett explained that the rationale for having both covered under one ordinance is because they are regulated by the same State Statute. Further, the additional advertising and codification costs are eliminated. Mr. Leo Nicholas, resident, queried if easements are included in this ordinance as well. Mr. Bennett responded that the city does not own easements, therefore, they are not covered by law in this case. Mayor Pro Tem Randels queried if the $2,000 fee, plus additional costs is reasonable? Mr. Bennett responded that most of the cost is for attorney costs. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For: Mr. Petsos, For; Mayor Porter, For; and Mr. Randels, For. (Tape 1. 41233) DISCUSSION: 5. Mayor Porter related his discussions with the Sheriff's Department, Code Enforcement and the Building Official regarding a proposed Code Enforcement Citation Program. He stated that the program is intended to save time and money. Mr. Hernandez explained that if this plan is instituted, challengess would be made directly to the county court and will require a lot of staff(code enforcement)time testifying over mostly abandoned vehicles. Further, the charges imposed will have to be sought by staff for non- payments. Council concurred that the citation program is likely not the most effective measure at this time. However, an ordinance could be drafted to allow towing services to obtain ownership within a specified time, such as 30 days. (Tape 1. 2220) 6. Mayor Porter related that the City Manager had presented examples of an Audience Participation Portion of the Agenda Policy. Mr. Hans Saurenmann, resident and originator of the policy issue, stated that he believes the Audience to be Heard portion should be conducted during the first one-third or one-fourth of the meeting, and limiting the allocated time to five minutes. Mayor Porter reiterated that the current policy allows the public to speak on any topic at the end of the meeting after the City Manager's Report. Our current ordinance does not provide City Council Regular Meeting Minutes March 18, 1997 Page 4 for the public being able to place an item on the agenda, however, they may speak on any topic and request that an item be considered. (Tape 1,#2844) 7. Mr. Jovan Barzellatto, Community Appearance Board Member and originator of the proposed Nonconforming Structures Ordinance appeared before Council requesting reconsideration of the ordinance because he was not informed of the first reading of the ordinance on March 4 when it was denied. He explained that the intent of the ordinance is not to increase the existing nonconformity. Council concurred to hear Mr. Barzelatto's presentation at the next regular meeting, though not as a first reading of the ordinance. (Tape 1,2844) REPORTS: City Manager- Bennett Boucher (Tape 1.3623 and Tape 2.#1) • Mr. Boucher reported that the St. Johns River Water Management District will be awarding a $75,000 reuse connection grant on April 8, 1997 and it appears that the City will be the recipient. Mr. Boucher stated that an ordinance should be drafted outlining how the grant will be used. Mr. Petsos stated that the plan must ensure that all phases have consistent distribution to ensure that everyone has an equal opportunity to connect and at concordant rates. Mr. Boucher stated that all phases will be planned and budgeted to completion, however, grants will be pursued to enhance the program. • Mr. Boucher reported that the Canaveral Port Authority has requested to negotiate for reuse water. He stated that he has informed the Port representatives that the request must be made in writing. Mayor Porter stated that in the event negotiations are initiated, the City should charge the same rate that the City of Cocoa Beach has proposed. • Mr. Boucher reported that the County has allocated $15,000 in impact fee funds to design a pedway on East AIA. • Mr. Boucher reported that the Manatee Sanctuary Park property is expected to close within two weeks. • Mr. Boucher reported that the April 5 volunteer project is scheduled to be held in front of Ocean Carpets and the Citgo station on AIA. • M-r. Boucher reported that push-button crosswalks are scheduled to be installed on AIA at Central Boulevard within 30-90 days. • Mr. Boucher commended Nancy Hanson, Recreation Director and the recreation staff for the outstanding Patriots Day Parade and activities. (Tape 2,358) City Council Regular Meeting Minutes March 18, 1997 Page 5 Audience to be Heard: There was no public report or query. City Clerk- Sandra Sims • No report. City Attorney- Kohn Bennett • No report. Mayor Pro Tem - Rocky Randels (Tape 2, 892) • Mr. Randels reported that the property owner of Commerce Street will be present for the Manatee Sanctuary Park closing and he will speak with him regarding the Commerce Street disrepair. • Mr. Randels reported that May 9, 1997 is the deadline for the"Keep Brevard Beautiful" Xeriscape Grant offered to non-profit organizations (not available to government). He also stated that a workshop is being held on March 26 regarding the grant. Council concurred to notify Mr. Leo Nicholas on behalf of the VFW to encourage their participation and interest. • Mr. Randels reported that Mayor Joe Morgan of Cocoa Beach has forwarded a letter requesting support for establishing restricted areas for clamming. Council concurred to support the issue. • Mr. Randels distributed a brochure for Pet Pollution Disposable Scoops for placement in boxes in selected areas. Mr. Hernandez related that it would be a good project synchronized with public education. Council Member- Buzz Petsos(Tape 2, 1 520) • Mr. Petsos requested that the letter responding to the letter received from the Canaveral Port Authority regarding sewer impact fee refunds be distributed to Council before being sent. • Mr. Petsos queried if a grant has been located to help fund sand fencing. Mayor Pro Tem Randels responded that the Canaveral Port Authority has $11,000 which has been allocated to the City of Cape Canaveral from their federal grant for beach renourishment. Council concurred that this would be an appropriate expenditure of the funds and would be an excellent volunteer project for late April before turtle nesting season. • Mr. Petsos queried if it would be possible to advertise the Youth Center function, "Fun Day in the Park,"which will be held on Saturday, March 21, 1997 on the City Hall marquis. Council concurred. City Council Regular Meeting Minutes March 18, 1997 Page 6 Council Member- Tony Hernandez (Tape 2, 1699) • Mr. Hernandez stated that the fees collected by the Sheriff's Department for Cape Canaveral "cost of investigations"for violations such as DUI, should be returned to the city. He stated that the city needs to request these funds in writing and possible prepare an addendum to the Sheriffs contract. Council concurred. • Mr. Hernandez queried, since the baffle box (stormwater outfall) grant was denied, is it possible to fund this project with estuary funds? Mr. Ed Gardulski, Public Works Director, will research with contractors for Central Boulevard. • Mr. Hernandez reported that H.B. 103 proposing cruise line user fees is not doing well. He stated that it might be necessary to form a grassroots organization to petition for a referendum to generate funding for beach renourishment. • Mr. Hernandez commended Nancy Hanson, Recreation Director and staff for the excellent Patriots Day Parade and activities. • Mr. Hernandez reported that the Senior Boys Little League is doing well. He also commended "Stormy" Donald Evans for the fields' condition. Council Member- Burt Bruns (Tape 2. 1963) • Mr. Bruns queried how the remodeling is progressing at the Annex. City Manager Boucher responded that renovations will be finished soon and that people have moved into their offices already. • Mr. Bruns queried when the library opening will occur. City Manager Boucher responded that it will likely be mid-April. • Mr. Bruns reported that the Medical Van will be at the Canaveral City Park this weekend and that we should try to notify as many people as possible. Mayor- John Porter (Tape 2 2098) • Mayor Porter reported that he has received a memorandum from NASA regarding the Cassini launch. He stated that the City Council should make residents aware that it will be carrying plutonium on board. Mr. Petsos responded that he can arrange for a presentation at a public forum explaining all aspects of the launch to inform and calm Cape Canaveral residents. • Mayor Porter reported that he is the Chamber of Commerce Membership Committee Chairperson and will be soliciting assistance from Council. City Council Regular Meeting Minules March 18, 1997 Page 7 The meeting adjourned 9:35 p.m. ATTEST: John K. Porter, MAYOR Sandra Rozar Sims, CITY CLERK PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION TO SERVE ON CITY BOARD Applicant Name: vo mocs 091 ti►rU Home Telephone: '7 8 4'- ciB L-7 Home Address: X03 a- CCWr(LA%- &L J D Business: _�a 4 w " _J'K) G Business Telephone: 78 A--4' Office Address: Y C)'f" Z`33 CAPS C�tAlVEVt�2�L �zQ zs, Brief Description of Education and Experience: G fzA oQ ryEo H t G k+ s c"ooL. W 1NQ%E2 , P'4' RTT'C SPED C0LLC~LlC-. WA 5EN10/L E-NGiNEC-2 WIT t-1 LANNIti a RC-SC-A(Z-W (%fkf' AT k-5C -P2t0oz TO 0$Tft1NitJG &N ERo� COW tK-A,c-,n"G L1C.EN5E (N Fee. of tqsz. = l-kkyc-- $LEN Iti CAf6 6NK%4C- RL '� BR-C-JA(LO CO - 5( NCC- (tkAr TIVV6- Are you a registered voter? Yes x No Have you been a resident of the City for 12 months or longer? Yes No Do you currently hold a public office? Yes No Are you presently employed by the City? Yes No At the present time, do you serve on a City Board? Yes No 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 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 x Please specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) Beautification Board X, Construction Board of Adjustment & Appeals* Board of Adjustment* Library Board Code Enforcement Board* Planning and Zoning Board* Commercial Development Board Recreation Board Community Appearance Board* *Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each 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: �Fc-C-L Th-�T --.% oAkfty- Rip (y `i cwM gVStNEsS LAST IS eAy-5 0GR%-Nro(5 w trH 5*)ef)t-LES1 Sv3 - CoN-M(lkcToCIS � A V,)%q C-n.-5 , r7;;py C-a tV v,I Ery 1 P� L- A 6 etj C 1 C—5; l C—-r c T14 PcT- - , \�y 0 u L.9 $E 5 c-y-\Jc- ©i\1 TbC& (__ MS i�-U c-Tto,�J 9OF1Q-o ore A 9Ay"W-V-> Would you consider serving on another City Board other than the one(s) you have selected on the front of this form? es No x _ Applicant's signatur':/ Date: IM A a Z�j27 - 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 PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION �T^O/ SERVE ON CITY BOARD Applicant Name: 5 ZF 6 c./& G-) Home Telephone: —7 Home Address: 3 t L 1,k) c C, Business: � tz,--:�Q Business Telephone: Office Address: Brief Description of Education and Experience: A A.1 fl X27 Are you a registered voter? Yes '''� No Have you been a resident of the City for 12 months or longer? Yes 1/ No Do you currently hold a public office? Yes No +� Are you presently employed by the City? Yes No At the present time, do you serve on a City Board? Yes No ✓ 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 ✓ 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 Please specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) Beautification Board Construction Board of Adjustment & Appeals* Board of Adjustment* Library Board Code Enforcement Board* Planning and Zoning Board* Commercial Development Board Recreation Board Community Appearance Board* *Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each 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: V Would you consider serving on another City Board other than the one(s) you have selected on the front of this form? Yes No Applicant's signature: 4� Date: - - 1, 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 �9 Meeting Date: 04-01-97 p I� _ =► AGENDA HidingConsiderations CITU OF CAK CkuyEM item 2 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: COOPERATIVE PURCHASE OF A HIGH PRESSURE SEWER CLEANER IN THE AMOUNT OF $29,763 DEPT./DIVISION: WRF/PUBLIC WORKS Requested Action: That the City Council consider approval of a high pressure sewer cleaner in the amount of$29,763. Summary Explanation& Background: This is a cooperative purchase utilizing Hillsborough County's bid. $32,000 was budgeted for this item. I concur with the public works director's recommendation. Exhibits Attached: Public works director's memo dated 03-24-97 City Nfangger's Office Department g�admin�camcillmreting44-0L97aew+ercln.doc M E M O R A N D U M DATE: March 24, 1997 TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director SUBJECT: Agenda Item for: April 1, 1997 High Pressure Sewer Cleaner System Replacement DISCUSSION: The City' s high pressure sewer cleaning equipment utilized by the Collection Crew is in tired of replacement. Our current system is over twelve ( 12 ) years old and as of March 18 the equipment is not. functional . In the event of sewer line blockage we will now have to call on an out side city or contractor for assistance . Today' s technology for sewer line cleaners now Provide safer and improved operating functions . Staff attended a demonstration February IR , of a unit purchased by Hillsborough County. The I-Iarben High Pressure Sewer Cleaner will meet the needs of our- collection system, specifically clearing line blockages and cleaning line . It is recommended that. the City pi ggybach II_illsborough County' s contract. Funds are available within the Machinery and Equipment Sewer Fund. RECOMMENDATION: Recommend the approval to replace the sewer line cleaning equipment by a piggyback .purchase in the amount of $29 , 763 . ESG/ Attachment Co. Sandi Sims , City Clerk Walter Banish, Chief Operator File (Ni High Pressure Water Technology FOOS rifAILEs? Harben... Long On Performance Ilarben's 30M' 'I 300 gallon single axle twiler wily ,1 ,rz ; compact design for safety and ease of maneuverability, offers over 20 minutes of operating time at maximum pressure. It is suitable for a wide range of applications w including' sewer and drain cleaning, pavement t b maintenance and graffiti removal. A 9 cubic loot tool box and user friendly controls are located at the rear of the machine away from traffic for operator safety. With unrivaled reliability and long periods between scheduled Harben's 300 gallon single axle trailer unit includes the following maintenance, nothing works like a Harben. standard features: • Harben's P-Series Pump Producing 4,000psi at 14gpm • 300 Gallon Polyethylene Water Tank • Hatz 3L40C Silent-Pak Diesel Engine o • Hydraulic Surge Brakes 72'1 QOo • Hydraulic Hose Reel with Capacity for 800 Feet of 112" Hose O o 155" • 500 Feet of 112" Lightweight Hose Optional Equipment Weight(Approx): • Harben's Jump let Pulsation System --�_ __ • Light Package 3180 lbs. Dry 5680 lbs. Gross • Antifreeze System - 86, -----� 600016s. GVW • Plus a Wide Range of Original Harben Accessories contact: 1A RA HARBEN FLORIDA 37 WINDWARD ISLAND Hlgh Pressure Water Technology CLEARWATER, FL 34630 PH. 800-226-8013 FAX 813-442-2222 P.O. B N INC. P.O. Sox 2250 1010 Old Atlanta Road Cumming,GA 30130 Toll Free:(800)327-5387 Fax: (404)887-9411 11 -94 CITY OF CAPE CANAVERAL PUBLIC WORKS DEPARTMEN'T MEMORANDUM Date: February 20, 1997 To: Bennett Boucher, City Manager From: Walter Bandish, Chief Operator 02 Re: Fligh Pressure Jetter --------------------------------------------------------------------------------------------------------- After a demonstration of the Harben High Pressure Sewer Cleaner at our complex on February 18, 1997, the machine spoke for itself- Excellent! This machine would meet all Of our needs, specifically to break up blockages and clean lines in our collection system. We can piggyback off a contract from Hillsborough County. Copy attached. If you have any questions or need additional information, please let me know. WB/kdp Attachment iH,* AR8ENc, S00,q TRAILER High Pressure water Technology Harben... Long On Performance Harben's 3005, a 300 gallon single axle trailer with a compact design for safety and ease of maneuverability, offers over 20 minutes of operating time at maximum Y ' ' pressure. It is suitable for a wide range of applications including: sewer and drain cleaning, pavement maintenance and graffiti removal. A 9 cubic foot tool box and user friendly controls are located at the rear of the machine away from traffic for operator safety. With unrivaled reliability and long periods between scheduled Harben's 300 gallon single axle maintenance, nothing works like a Harben. trailer unit includes the following standard features: • Harben's P-Series Pump Producing 4,000psi at 14gpm • 300 Gallon Polyethylene Water Tank • Hatz 31_40C Silent-Pak Diesel Engine 72" ° • Hydraulic Surge Brakes I ° • Hydraulic Hose Reel with Capacity for 800 Feet of 112" Hose 155" • 500 Feet of 112" Lightweight Hose Optional Equipment Weight(Approx.): • Harben's Jump Jet Pulsation System — 3180 lbs. Dry • Light Package 5680 lbs. Gross • Antifreeze System Li Li 6000 lbs. GVW 86" • Plus a Wide Range of Original Harben Accessories cunta t. HARBEN FLORIDA P,,, HARREN. 37 WINDWARD ISLAND High Pressure Water Technology CLEARWATER, FL 34630 HARBEN INC. PH.800-226-8013 FAX 813-442-2222 P.O. Box 2250 1010 Old Atlanta Road Cumming,GA 30130 Toll Free:(800)327-5387 Fax:(404)887-9411 11 94 �[NV0� [FiEPHONE| 000/226-8013 FEDF��L T�X }D| F5928244O7 COUNTY OF H I LLSHOE(OUGH FLEET MANAGEMENT AND UTILICATION EQUIPMENT SPECIFICATIONS 3YE UNIT UP FUU :IPME;NT : HIGH VELOCITY HYDRAULIC: SEWER CLEANER ( TRAILER MOUNTED ) THE UNIT RE WU I REED AND COVERED HY THIS SPECIFICATION SHALL BE MANOEACTURER ' S LATEST BASIC PRODUCTION MODEL AND SHALL BE EOU IPPIED WITH ALL STANDARD EQUIPMENT IN ACCORDANCE WITH MANUFACT'URER ' S LATEST LITERATURE, A COPY OF WHICH MUST ACCOMPANY DID. ALONG WITH ANY AND ALL SPEW. IV BEATIONS NECESSARY 10 VFR a }Y THAI UNIT MFFTS Ok EXCEEDS TME: FOLLOWING : (HARDEN MODEL. 4016DTHSP 300 OR iEOUAL ) . QUANTITY : UNI: EQUIPMENT : THE INTENT OF TEIIS SPECIFICATION IS TO DESC:R :1DE THE: MINIMUM REOUIREMFNTS FOR A TRAILER MOUNTED HIGH VELOCITY HYDRAULIC 9 EWlER GLEANER, AND VARIOUS ACCESSORIES . ALL PARTS NUT SPECIFICALLY MENTIONED WHICH FORM PART OF THE COMPLETE UNIT SHALL CONFORM TO THE H IKHEIT STANDARDS OF ENGINEERING PRACTICE . SEL'T I UN I DEPICTS UNIT SPECIFICATIONS AND SECTION 11 I NSINUCT 10NE AND REGI) IR►EMENTS. COMPLIANCE: YFS/NO? I UNIT SPECIFICATIONS I . A PUMP : 1 . THE: PUMP SHALL HE; OF RADIAL. PISTON DIAPHRAGM DESIGN , AND SHALL BE CAPABLE OF CONTINUOUS S OPERAT ION AT MAXIMUM DESIGNED PRESSURE; AND MUST DE. CAPAHLH OF RUNNING DRY WITHOUT DAMAGE . THE PUMP SHALL BE CAPABLE 00 PRODUCING 4 , 000 PSI AND A MAXIMUM PLOW UP 16 CPM. CRANKSHAFT SPEED ON THE PUMP SHALL. NOT BE LESS THAN 1 , 000 RPM . 2 . ALL. MOVING PARTS SHALL. BE CONTAINED IN AN OIL BATH CRANKCASE: AND AT NO TIME SHALL ANY OF THE: MOVING PARTS EXCEPT THE VALVES COME INTO CONTACT WITH WATER . ::3 . THE PUMP CRANKCASE SHALL CONTAIN EIGHT ( 0 ) BARRELS , ~ EACH HARREL CONTAINING A IUDULAR N I TR :IVP D I APHRAUM , INLET VALVE AND DELIVERY VALVE . 4 . THE PUMP SHALL BE: DRIVEN BY DIRECT DRIVE USING FLEXIBLE COUPL. TN(;S. ( BELT DRIVES NOT ACC:EPIAHL,Ei. ) Bid Pkg. Pg. 14 of 27 C1FICATIONS 3YE FADE 2 DRAUL, IC SEWER CLEANER 3 MAY 1996 I -10 TANK : 1 . THE: UNIT SHALL CONTAIN UNI.: ROTATION MOLDED POLYE- THYLENE WATER "CANE: , THC CAPACITY OF WHICH SHALL BC AS FOLLOWS: A . MINIMUM — 300 GALLONS (US ) . B . MAX [MUM — 000 nA1.l. ONS ( US) . 2 . THi WATER TANK SHALL BE MOUNTED ON A SADDLE ASSEMBLY �-- SPECIFICALLY DESIGNED FOR THIS PURPOSE . 3 . AN OVERHEAD TYPE TANK C 14L ING ASIRMOVY WITH A 2 INCH FIRE HYDRANT FITTING KHALL BE LOCATED ON THE: CUkHS I "F. AN AGAPXE:R TO CONVERT FROM 2 ENCH HYDRANT TO 3/4 INCH GARDEN HOSE. SHALL ALSO HE; SUPPLIED . A POSITIVE AIR GAP ANTI`3YPHON SYSTEM SHALL BE INCORPORATED TO PROTECT THE POTABLE: WATER SUPPLY . 4 . THE 'LANK SHALL CONTAIN A 1 --1/4 INCH SPHERICAL VALVE TO ENABLE EASY GRAVITY DRAINING OF WATER . ; . ,CHF, TANS; SHALL BE VENTED AND SHALT, HAVE; A REMOVABLE LID --- TO PERMIT 1NSPE-:CTINN AND ACCESS INTO THE TANK . I . G. 'FRAILER: 1 . TANDEM AXI Y TRAILER R WlTH V , 000 bHS . GVW. 2. ROU IPPID WITH 9 . 5 X 16 . 5 ( GPR ) TRAILER TIRES . --- 3 . HYDRAULIC BRAKES . - 4 . ALL NECESSARY CLI ARANCE AND RUNNING LIGHTS SHALL HE INCLUDED . 5 . A LIGHTED REAR LICENSE TAG SHALL BE INSTALLED . G . THE UNIT SHALL ISE FURNISHED WITH A FULLY HEIGHT ADJUSTANUF 2-5/16 INCH HALL HITCH AND A uUICK DISCONNECT ELECTRICAL CONNECTOR . 1. 1) CONTROLS : 1 . ALL GAUGES, SW 1 LHYS , tPVCkg , ETC. NYCE'.SSAkY FOR THE OPERATION OF THE UNIT SHALE, GTE; ON THE CORPS IGl- Of THE UNIT , ADJACENT 10 IHV HOSE REEL SCI THE OPERATOR HAS COMPLETE; CONTROL Of THE rLEAN ING OPERATION WHILE WORKING FROM ONE LOCATION . 2 . THE VOLLOWING INSTRUMENTS AND CONTROLS SHALL BE 1N- Bid Pk Cil IGNT IONS 3YE PAGE 3 ARAULIC SEWER CLEANER 3 MAY 199G A. KEYIED IGNITION SWITCH, CHARGING LIGHT, OIL, PRES- SURE WARNING LIGHT ANIS THROTTLE . B. PRESSURE GAUGE FOR WATER SYSTEM . C . t UEL 'TANK S 16HT GAUGE. U . HIGH PRESSURE/RECYCLE SELECTOR CONTROL VALVE . E . LEVER FOR CON'TROLL IN6 THE DIRECTION AND SPEED OF --- THE HOSE REEL WHEN MOVED DAC:KWARDS ANIS FORWARDS FROM A CENTRAL POSITION. F . ENGINE HOUR METER . --- I.E HOSE REEL : 1 . THY.* HOSE PEEL SHALL Es E; TCI W I III ffl'ANIi MAXIMUM WORKING PRESSURE WITHOUT DISTORTION. 2 . CAPACITY OV THE HOSE RIEEr, --- SHALL Ni7'c BE r,ES., THAN 500 FEET OY 1 /2 INCH HIGH PRESSURE: HOSE . 3 . THE OUTSIDE DIAMETER OF THE DRUM SHALL NOT EXCEED 33 --- INCHES. 4 . THE THEE. SHALL BE DRIVEN BY HYDRAULIC POWER IN BOTH DIRECTIONS . THE, HYDRAULIC: DRIVE SHALL HAVE: SUFFICIENT POWER TO RETRACT THE HOSE WHEN FULLY EXTENDED INTO THE SEWER CLEANING JET IN OPERATION. I .F HOSE REEL DRIVE SYSTEM : 1 . THE HYDRAULIC POWER FOR POWERING THE HOSE KEEL SHALL DE BY MEANS OF A PUMP DIRECTLY DRIVEN BY THE AUXILIARY ENGINE ; AN OIL RESERVOIR ; A U I kVC:T I GN AND SPEED CONTROL VALVE AND HYDRAULIC HOSE RATED TO WITHSTAND THE MAXIMUM SYSTEM YkE;SSURE. 2 . THE OIL k IL'TER SHALL 86 THE RETURN TYPE AND HAVE A RE- -- PLACEADVE: CARTRIDGE. , 3 . THC OIL RESERV IOR 'TANK SHALL. HAVE A CAPACITY OF AT --- LEAST 5-1 /2 GALLONS . I .G SEWER CLEANING HOSE : I - THE. HOSE SHALL HAVE: A MINIMUM 10 OP 1/2 INCH , A MINIMUM Bid Pkg. PENI:i RADIUS Of 4 INCHES AND A MINIMUM BURST PRESSURE OF Pg. 16 of 27 . IFICATIONS 3YE PAGE 4 GAUL IC SEWER CLEANER 3 MAY 1996 2 . THE UNIT SHALL BE EQUIPPED WITH A 500 FOOT CONTINUOUS LENGTH OY REINFORCED THERMOPLASTIC HOSE. I .H PIPING,: 1 . ALI. PIPING SUBJECT TO H :[6H PRESSURE SHALL HAVE A MINI- MUM BURST PRKSSURF OF 14 , 000 PSI . 2 . A STRAINER Of THE IN-LINE TYPE WITH AN 80 MESH SCREEN --- SHALI. BE INSTALLED IN THX SUCTION LINE AT A LOCATION PERMITTING EASY ACCESS VOR CLEANING. I . I AUXILIARY ENGINE : I . THE ENGINE SHALL Ph A THRhE--CYI. IN0Vk AIR COOLED LNDUS- TRIAL TYPE D LKSK . HAVING A MINIMUM CYLIND ER OC 157 CUBIC INCH . THF' UNIT SHALL HAVE A MAXIMUM DA PAT I NG OF 7:3 . 5 AT V METERS . 2 . THE FOLLOWING ACCESSORIES SHALL BE PROVIDEU: A . 12 VOLT IGNITION SYSTEM WITH BATTERY CHARGING AL-.. TERNATOR , AMMET R AND VVY START . B . CABLE VARIABLE SPEED CONTROL THROTTLE. C . CENTRIFUGAL GOVERNOR . D . REPLACEABLE CARTR [066 TYPE OIL E ILTER . --- 3 . LUBRICATING OIC. CONSUMPTION ION SHALL HE LESS THAN 0 . V5% OF --- FULL LOAD FUEL CONSUMPTION . 4 . THE ENGINE SHALL HAVE A CONTINUOUS RATING Of 45 HP AT - 2600 RPM. 5 . THE ENGINE FUEL TANK SHALL, HAVE A MINIMUM CAPACITY OF 6 .5 GAVLONS . I . .1 GEAR BOX : Bid Pkg. 1 . THY GEARBOX SHALL BE A D 7 RECT DRIVE BY FLEXIBLE (.:Cup.. Pg. 17 of 27 L1NHS WITH A REDUCTION RATIO 2 . G : 1 . . C If ICAT IONS 3YE PAGE 5 .DRAULIC: SFWLR CLEANER 3 MAY 1996 I . K PAINTING : 1 . DP:L-'I RE' PAINTING ALL METAV SHAKE HE STEAMED AND BLASTED. 2 . THE UN IT SHALL BE PR (MED ANO PA INTER WHITE . --- I . L TOOLBOXES : 1 . TWO TOOLIOXCS MEASURING 24 ' X 18 ' X 1CI ' SHALL HE FO— CATED AT THE REAR OF THE TRAILER . I . M ADDITIONAL ACCESSORIES : 1 . 1 SET , 1/2 HAVE ;1L IS, 30F . 2 . 1 I A . , .JUMP :IIT PULSATION `SYSTEM . --- 3 . ONE ROCKET JET 4RIF. --- 4 . 1 EACH , MARK 2 GUN . --- S . 1 EACH, 0 rT. HYDRANT F ILT,I R HOSE W/V ITTINGS . G . .JUMP JET , 1 .INCH . . --- 7 . SPRAY GUN FOR SCALE REMOVAL . --- 8 . MANHOLE, LIGHT . --- 9 . STROBE LIGHT . 10 . AUXILIARY WATER 'TANK , :300 GALLON . II INSTRUCTIONS AND RCUU IRI MENTS II.A GENERAL. : 1 . UN IT SHALL 11E COMP1-ET}: AND IN OPT IMAM (IPERA'Y I N G ' CONDITION WHEN DELIVERED . 2 . 1-1OS1:S , F ETT INKS , ADAPTERS , AND PMRIPHERAL EQUIPMENT --- WH ICH MAKES UN J T COMPLETELY FUNC T I ONAV TO DF )NCLUPED . II . 0 SAFETY : 1 . ASH1:1• DEY SHALL COMPLY WITH ALL I.CiC: L , TATE ? AND aid Pkg. 11 11 ,. ` Pa. 18 of 27 EC IF 1W IONS 3Y1: PAGE; G IDRAUL IC SEWER CLEANER :3 MAY 1996 2 . WHERE THESE SPCCIP LCAT IONS CONFLICT WITH O . S .H .A . REGULATIONS , O. S .H.A. RF:riULATIONS WILL PREVATL . II . 0 BROCHURES : 1 . MANUFACTURER ' S COMPLETE SPYC I P LCAT IONS TO ACCOMPANY UNIT DELIVERED. 2 . COUR ( 4 ) COPIES Of MANI.1CACTURCR ' S REPAIR , PARTS , AND OPERATOR 'S MANUALB TO HE: DELIVERED WITH UNIT . ALL. MANUALS TO HE PROPERLY [DENT II? I 0, NEATLY ROUND BOOKS WITH UUNAHLE COVERS . 3 . FACTORY SERV ECE BULLETINS TO RE FORWARDED TO FLEET --- MANAGEMENT AND UTILIZATION ON A T )MELY BASIS AS LONG AS THE UNIT IS EN H ILLSBORO= COUNTY ' S SERVICE . II . D TITLE , APPLICATION, ETC . : ALL PAPERWORK , INCLUDING INVOICES; DOC UMUNTG ; AND OBTAINING UNIT 'S T I TTX , TCI BE DEALER ' S RESPONS IR IL I.TY . ALL NECESSARY PAPERWORK , AS ABOVE, MUST ACCOMPANY UNIT AT DFL )VERY . TITLE , APPLICATION , AND SUPPORT [NG DOCUMENTS TO RE MADE OUT T0 , 'COUNTY OF H l LLSHOROUGH ' , P . D . BOX Ill 0 (COURTHOUSE ) TAMPA , FLORIDA :33G01 , AND MUST BE UATED THE DELIVERY IVERY DATE OF UNIT TO H 1LLSHOR000H COUNTY . DEALER TO HE RESPONSIBLE FOR AND PAY ANY PENALTIES FOR LATE TITLE APPLICATION . I I . E CONDITIONS : 1 . IN ADDITION TO EQUIPMENT SPHCIFIED , UNIT SHALL BE ERUIPPED W [.TH STANDARD 1-OU [PMENT AS SPECIFIED BY MANUFACTURER FOR MODEL PROVIDE, TO MEET SPEC It [CATIONS . 2 . 810DER RESPONSIBLE FOR DEL. IVI;RIN6 UNIT, IN PROPERLY --- SERV IC:E P , CLEAN , AND OPTIMUM OPIkA'.I l NG CONP I T ION . PRE--OKL IVKRY SERVICE TO INCLUDE THE rOttOW [NG , IF APPLICABLE : A. COMPLETE LUbRIC:ATION . B . FILL CRANKCASE WITH OIL TO PROPER LEVEL . C. ADJUST EN6 1NG TO PROPER OPERATING CONDITION . D . INSURE PERFECT OPERATION OF MECHANICAL FEATURES . CIFICA"1 .IONS 3YFF' I'AGE 7 ,IRAULIC SEWC R CLEANER 3 MAY 1996 3 . C'AC; ILIT (ES INSPECT ION : 'CNC', COIIN'CY RI,'i1,RVF;S THE --- k IGHT , PRIOR TO AWARD CIL ANY CONI I'RACT, TO J NciPECT THE B .IDDI:R1S/DEA L[;RSH 1I' 113' CAI; I:1. IX .11;5 , INCLUDING SERVICE OR PARTS kACILIT11:S, FOR THY,* PLIRPOSY' OF' IJYI:):RMINING THAT THERE IS A 10:131)I.AR RONA L' (DC; , CSl'ABLISHED DIISINESS THAT IS 1'kI:SY,N'11.Y A Ci(I ] NG CONC:}:kN; IS I. ]K1'I.Y TO CONT INIJC AS SUCH; AND IS CA1'A81.,►; OF PROV [D (NC, THE H IU ITEM ( S ) 0 S1'kV ICI:( S ) , :I NC;IA,111114( ANY LATER WARRANTY ; SERV 11;C OR RI,P1.ACCM);NT PAR'Cs; SI).C'P0RT, A5 MAY BE REQUIRED. 4 . SERV U.'E AND PART'S !3U1'f'I).R'C LOCA' ION : --- A . FOR 11Uk11(1�;Y.�:� CI}' WAkkRN'.I'Y WORK AND I..ATER REPAIR WORK , THE 1310C.IER MIP31' 111)Vh AVA (LAIlLF , PRIOR TO AWAk11 O1' C:C.CNTRAC.-T A 1:U).1. S.10 C.[,I ANI, S1:ill,VICE I1EA1,1,RS1-1 11' W IT'H IN A RhA'3C)NA01,F. SC,RV [CE AREA TO HILLS}I(IRCIIIGH COUNTY . '11I1S S;HAJ.1. ICF III+1NIiD A4.; ONE H U N D R C D ( 100 ) M (1.I;;:; Cli 'fHh C 1)U RTH1)1JSE , CCOWNTOWN , TAMPA , I-I.CIkILIA . if, 'tH} 1C}:A1.I:kSHl1' JS CGF;PORA'.I:I-:LY INDEPENDENT i'ROM '('HC CON-CRAC;'COR , A LETTER I)N THE DEA1,F:kfiH l YS LI"ITER111:A11 MUSa: BE INC1-(I)IR1) WITH THE B [D VCR [k'Y ING 'fHh ACCEPTANCE: Cit WARRANTY RESPON(i l }C ] L ITY AND 1.A'I }:): kl'}'A :(R WORK, IF REOII ] k).=ll THE 1:IF,AT,FRSH [P MUST BE C;APAI.11,P OF AND W ILL ING TO PROVIIIF-* k1:}'1.AC;)-:MFNT 11AkTS , 1Y AND WH}'N REEL Jk1:IC 14Y THE COUNTY , 1'Hk: I:CI"A1,CiR';I1 1..P MUST CERT (1'Y THAT PR ICES FC,k PARTS ANII/Ok SERV 1 CFS W11.1. NOT FXCFEU THOSE I'HARI IJI OTHJ. R LIKE I;I)S'I'OMERS DOING A SIMILAR VOLUME 01' HUS ]N1;SS.. B . 1N NO WAY W 11,1, AWARE[ OI' CONTRACT I)BI.. IGATE THE _-- COUNTY TCC P(.1RCHASY 1'Ak'1'C;/SY..kV IC):fi 1'ROVs k}:I'll h,rNC ED El1,ALE,RSH IP . C . CN L.IC;U 1)F 1,ET.I*F.R FROM RPF[-!RENCED C11,ALERSHIP , THE COUNTY WII.I. CUNS :IIi}:k MATI'kIA).S 1:1:OM THE MANUFACTIJR17R WHICH S'CA'TE ur,ALERSH IP LOC:AT IONS AND ESSENT ) ALLY MFF.*..I' THF C(it INI'Y klm'NLIIRYMYNTS AS SPEC .Ir Ih() IN ABOVE PARAI;RAPHS . I I. F B1011CR SHALT, GUARANTY.. UN ('C' AGA INST DU2,FECTS [N MATERIAL AND WORKMANSH .I.P ( INCI.(IIC J NG (::(1MIJIN}'NT k'Ak'1 S ) F 0 X (INT'. ( ] ) FULL YEAR CROM T I.M17 Of (1 1.1. 1:VI RY . LC 111D p R SHt,t., FURTHER INCLC LIF A COPY 0 : SA ] II WARRAN'.I'Y A<,i PART OF 1C 1D . THE UNDERS 0.iNED , BY !31GNATURC CV 101 NC,EU , CERTIC II,S THAT UNIT OCCrRED IS REPPE'(0:NTAT IVT' 01: TH J , �iPFC ] Y )(:AT ) CIN AND MI:w}:TS A1{OVR RlrOU J )t}:M}'NTS . Bid pkg. 20 of 27 Meeting Type: Regular s+ yg Meeting Date:04-01-97 a. t ► AGENDA ;` . is .1 Heading Ordinance- 1st Reading CITY OF CAPE GMAnm Item 3 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 05-97, REDEFINING HOTELS AND MOTELS WITHIN THE CITY DEPT./DIVISION: PLANING AND ZONING Requested Action: That the City Council consider the adoption of Ordinance No. 05-97 at first reading, redefining minimum guestrooms per hotel/motel from 150 to 75 units. Summary Explanation&Background: This is a petition request from Mr. Arthur Berger, Vice President of Aedile Contractors. The Planning & Zoning Board at their 03-12-97 meeting recommended to the City Council a reduction in the minimum guestroom requirement from 150 to 75 units. Under the current 150 unit requirement, it would take a minimum of(5) acres of land to develop a hotel/motel. The proposed change would require a minimum of(2.5) acres. I had a conversation with the American Hotel &Motel Association Information Office, 202-289-3100, and there is no industry standard for hotel size. It depends on the local market and what each community allows. This ordinance will apply to the C-1 Zoning District. Further research and discussion may be required in order to evaluate the positive and negative impacts, if any, on our community. Exhibits Attached: Ordinance No. 05-97; P&Z Minutes of 03-12-97; Mr. Berger's correspondence of 02-05-97; Current Definition City Manager!s Office Department e�w�u�w�aa-oi-9rosv�.aa ORDINANCE NO. 05-97 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, AMENDING CHAPTER 110, ZONING. OF THE CODE OF ORDINANCES OF THE CITY, AMENDING SECTION 110-1, DEFINITIONS, BY REDEFINING HOTELS AND MOTELS WITHIN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Section 110-1, Definitions, is hereby amended by deleting in its entirety the definitions for hotel and Motel, and the following combined definition is adopted in lieu thereof: Holel,A4otel means a building in which lodging is provided and offered to the public for compensation and duly licensed pursuant to Chapter 509, Florida Statutes. It shall provide an inside office that shall be supervised by a person in charge at all times. In no event shall the number of efficiency units or units with kitchen facilities exceed a maximum of 25 percent of the units per building. There shall be a minimum of 75 guestrooms per hotel or motel. As used in this definition, the term "guestroom" means those rooms intended or designated to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests. SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts of an ordinance or resolution, in conflict herewith are repealed. City of Cape Canaveral Ordinance No. 05-97 Page 2 SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of 1997. John K. Porter, MAYOR ATTEST: Sandra O. Sims, CITY CLERK NAME FOR AGAINST BRUNS APPROVED AS TO FORM: HERNANDEZ PETSOS — Kohn Bennett, CITY ATTORNEY PORTER — RANDELS — First Reading: Posted: Published: Second Readim�: &,cowl-1 cit}-clk,ordinunc`zoningdwtel.doc M E M O R A N D U M Date: March 19, 1997 To: Sandi Sims, City Clerk 1 ; From: Whitey Moran, Building Official Re: Proposal to Amend Section 110-1 Hotels/Motels -------------------------------------------------------------------------------------------------------------------- Please be advised that at the Planning & Zoning Board meeting held on March 12, 1997, the Board members voted unanimously to recommend approval of the attached draft ordinance regarding reducing the minimum number of guestroom requirements for hotels/motels. Please place this ordinance on the next City Council agenda. Should you need additional information, please advise. SLC PLANNING AND ZONING BOARD MEETING MINUTES MARCH 12, 1997 PAGE 2 Attorney Bennett advised that a draft ordinance was included in each Board members packet. Discussion followed regarding an ordinance number being assigned by the City Clerk being hand written on the draft. Mr. Russell advised that the Local Planning Agency had recommended approval of Ordinance draft No. 03-97 which was the incorrect number for the ordinance that they had recommended. Discussion continued. Attorney Bennett suggested that the Local Planning Agency (LPA) should reconvene immediately after the Planning & Zoning Board meeting to clarify the motion made to amend the comprehensive plan future land use map. The Board members agreed,. ' Mr. Bennett clarified for the record, that the LPA had held a Public Hearing prior to the Planning & Zoning Board considering the request which was considered procedurally correct. Mr. Nicholas queried the applicant as to the list of property owners submitted with the application. Mr. Droor, applicant, clarified that the list he had provided with the application was a list of all property owners within a 500 ft. radius of the Time Warner Cable property. Motion by Mr. Russell, seconded by Mr. Nicholas to recommend approval to City Council of draft Ordinance 02-97, official zoning map change. Vote on the motion carried unanimously. NEW BUSINESS: Mr. Nicholas questioned why the C-2 Zoning Ordinance had been removed from the original published agenda. Mr. Moran responded that he had asked the city manager to secure the services of a city planner for this ordinance change. He had also asked the city manager to have a city planner at tonight's LPA meeting and apologized for the City not having a planner to answer any questions the Board had and he did the best he could to answer the Board's questions. He advised that the C-2 zoning draft would be presented at the next meeting. 1. Discussion and Recommendation to City Council Re: Amending Section 110-1, Definitions of the Cape Canaveral Code of Ordinances by Reducing the Required Minimum Number of Hotel/Motel Rooms. Attorney Bennett-advised that at the previous meeting, the Board requested that the City Attorney draft an ordinance based on the Board's discussion, by combining the definition of hotel/motel and reducing the minimum number of required rooms which would be determined at this meeting. PLANNING AND ZONING BOARD MEETING MINUTES .MARCH 12, 1997 PAGE 3 The Board members reviewed and made various changes to the proposed draft. Mr. Bennett advised that he would make the appropriate changes as discussed. Mr. Berger, a citizen, explained to the Board that no other cities within Brevard County imposed a minimum number of guest rooms; 60 units would require a minimum of two acres, 30 units would require one acre. He suggested that the Planning & Zoning Board consider what was best for the city. He added that by limiting the minimum number of rooms, the city would be eliminating bed & breakfast type establishments; and hotels/motels would only be allowed in the C-1 zoning district; hotel/motel chains were currently constructing between 57 - 108 rooms, minimal service hotels/motels with no restaurants, bars or meeting rooms. Brief Discussion followed regarding the possibility of removing the restriction in its entirety and allowing the market place to influence the hotel/motel industry. Mr. Berger pointed-out the vacant properties on the city's zoning map along A1A that would be ideal for hotels/motels. Mr. Nicholas voiced his opinion that if the city reduced the minimum number of required rooms, the city would regress and down-scale their existing up-scale concepts. Mr. Russell advised that the rationale behind the city imposing a high number of minimum rooms was because the city did not want bed and breakfasts, gathering places for ships crews, undesirable people, small efficiencies or dormitories. _Attorney Bennett advised that the current density requirement of a minimum of 30 units per acre seemed to be acceptable to the Board, which could be used as a basis to consider reducing the minimum number of guest rooms in the definition of hotel/motels. An ensuing discussion was held regarding what the required minimum number of guest rooms should be. Mr. Russell suggested that the considered minimum should be 75 guest rooms. This number would not only be reducing the existing minimum by one-half, but also, would represent that a property owner would need to be serious about running the business. Mr. Berger calculated that if the number was reduced to 75, the approximate cost to build a guest room would be $30,000. Discussion continued. Mr. Bennett advised that the Board came to a consensus, he would re-draft the ordinance. Mr. Bennett read the draft, incorporating the recommended changes. Mr. Pitarda, citizen, stated that he had planned for the Board to recommend that the minimum number be reduced to 60 units. He explained that a hotel/motel owner with 60 units would be serious about their business. The property parcel he was considering purchasing was 1/10 of an acre less than two acres. He explained that a 60 unit motel would cost to build, including the property, approximately 3.5 million. If the city did not reduce the number to 60, they would not be able to build what they had planned. PLANNING AND ZONING BOARD MEETING MINUTES MARCH 12, 1997 PAGE 4 Mr. Russell pointed-out that reducing the number to 75 would be reducing the present requirement by exactly one-half. He added that if building an additional 15 rooms was that critical to a business, then maybe they were not ready to build. He explained that the Board's job was to consider what was best for the city, its citizens and immediate surrounding areas. Motion by Mr. Russell, seconded by Mr. Nicholas to recommend approval of the draft ordinance to reduce the minimum number from 150 to 75 guest rooms. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 9:00 P.M. Approved this day of 1997 Beatrice McNeely, Chairperson Susan L. Chapman, Secretary 02/05/1997 10:55 4078681008 AEDILE CONTRACTORS PAGE 02 1 � R5 GE NERAL CP NTRACTORS kEDIO � Design/Build 920 CGC032922 I j EI February 5, 1997• Mr:G.J_Moran CBO, Building Official City of Cape Canaveral 106 Polk Avenue Cape Canaveral,FL-32920-0326 i Re: '.Agenda ptatuiing and Zoxlixsg.Board Meeting 2/12/97 Dear Mr_ Moran: Please let this letter serve as a formal request to be placed on t e next Playing an4 Zoning Board meeting scheduled 2/12/97, to discuss the ordin ces and definitions for motels.and hotels. — The purpose is to disco"the City Ordinances versus the Co y Ordina aces; and e currerrt market trends- A.fthis meeting we will supply all the p rtineat data beyond the current ordinances. The Planning and Zoning Board already h ve this data_ Theses . sections are hi-lighted in your letter of January 28, 1997. !� Jfyou bave any qugt ions or concerns, please call. Sincerely, C Arthur W..B Vice President i ' � r 8660 Astronaut Boulev *Suite 4208 •Cape Canaveral,FL 32920 • (4 )868-6700.o Pax:(40�)868-1008 C2 - 06 966 04 * 100. 00 02/05/97 11 :53 TX/RX N0.8269 P.002 HOTEL/MOTEL SURVEY MINIMUM MINIMUM CITY CONTACT PERSON UNITS/ACRE UNITS_ ROOM SIZE Palm Bay Dave Watkins 35 None 280 sq ft Melbourne Cindy Dittmer Per Parcel None 300 sq ft *45'height Satellite Bch None None None can be built Brevard Randy BU-1 (30) six *250 sq ft per unit with no TU-2 (50) None more than 25% having kitchenettes Titusville Terri Franklin 30 None *70 sq ft - 1 occupant 250 sq ft - 2 occupants Indian River County 30 None 250 sq ft Cocoa Beach Joseph Hawkins 40 None No more than 10% can be dwellings. 65'height Cape Canaveral G.J. Moran 30 150 300 sq ft i`. rr` ZONING § 110-1 Family means a person or a group of persons meters and not rented or otherwise used as a sep- related to each other by blood or marriage or a arate dwelling. group of not more than four adults who are not necessarily so related, living together under one Hedge means a row of bushes or small trees roof as a single household unit. planted close together in such a manner as to form Fence means a structure forming a physical bar- a boundary or barrier. rier which is so constructed that no less than 50 Height of building means the vertical distance percent of the vertical surface is open to permit from 12 inches above the crown of the fronting the transmission of light, air and vision through road or natural grade at the building line, which- such surface in a horizontal plane. ever is highest, to(i) the highest point of flat roof-, (ii) the deck line of a mansard roof; (iii) the av- Fire district includes that territory or area con- erage height between the eaves and ridge for sisting of: gable, hip and gambrel roofs. Measurement must (1) Two or more adjoining blocks, exclusive of be in compliance with the 100-year flood level, as intervening streets, where at least 50 per- determined by the Federal Emergency Manage- cent of the ground area is built upon and ment Agency. more than 50 percent of the built on area is Home occupation means any occupation con- devoted to group S occupancy or group H ducted entirely within a dwelling unit and car- occupancy as defined in the Standard ried on by an occupant thereof, which occupation Building Code. is clearly incidental and secondary to the use of (2) Where four contiguous blocks or more com- the dwelling for dwelling purposes and does not _ prise a fire district, there shall be a buffer change the residential character thereof. _ zone, as determined by the fire marshal, of Hospital means a building or up to 200 feet around the perimeter of such p g group of over- ings, having room facilities for one or more over- district. Streets, rights-of-way and other night patients, used for providing services for the open spaces not subject to building construc- inpatient medical or surgical care of sick or in- tion may he included in the buffer zone. jured humans, and which may include related fa- Floor area means the sum of the gross hori- cilities, such as laboratories, outpatient depart- zontal areas of the several floors of a building, ments training facilities, central service facilities measured from the exterior faces of exterior walls and staff offices; provided, however, that such re- or from the centerline of walls separating two at- lated facility must be incidental and subordinate tached buildings. The required minimum floor to the main use and must be an integral part of area within each district shall not apply to acces- the hospital operations. sort' uses. Hotel means a building in which lodging is pro- Garage,storage means a building or portion of a vided and offered to the public for compensation building thereof designed or used exclusively for and in which ingress and egress to and from all the storage or parking of automobiles. Service rooms are made through an inside lobby or office other than storage at such storage garage shall be supervised by a person in charge at all times. In limited to lubrication, washing, waxing and pol- no event shall the number of efficiency units or ishing. When used for such a purpose, such prop- units with kitchen facilities exceed a maximum of erty may not be used in combination with any 25 percent of the units per building. There shall other use, with the exception of mini-storage. be a minimum of six guestrooms per building and a minimum of 150 guestrooms per hotel. As used Guesthouse means living quarters within a de- in this definition, the term "guestrooms" means tached accessory building located on the same lot those rooms intended or designed to be used or with the main building for use by temporary which are used, rented or hired out to be occupied guests of the occupants of the premises,such quar- or which are occupied for sleeping purposes by ters having no kitchen facilities or separate utility guests. CD 110:9 SY�E '�Vd Meeting Type: Regular S� 0 �9 Meeting Date: 04-01-97 p �► AGENDA ; $ 1 H-dins Ordinance-2nd Reading CITY OF WE CWYOK Item 4 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE 04-97 PROCEDURES FOR FRANCHISE AGREEMENTS AND RIGHT-OF- WAY USE AGREEMENTS DEPT./DIVISION: ADMINISTRATION Requested Action: That the City Council consider approval of an ordinance providing procedures for franchise agreements and right-of-way use agreements. Summary Explanation& Background: The City Council has expressed concern about any private or public utility wanting to construct their facilities in the public right-of-way without first obtaining written permission from the city as per Florida law. This ordinance sets forth procedures for the granting of a franchise agreement or right-of-way agreement for any utility wanting to locate their facilities within the city. This ordinance will help to ensure the health, safety and welfare of our residents when utilities do work in our community. Exhibits Attached: Ordinance No. 02-97• F.S. 337.401 City ManagerIsOffice Department 1 r 995 F.S. 1995 CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY Ch. 337 )ro- 4. Any funds become available for the project, and from the issuance of such permit.The authority may ini- x. :ed it is in the public interest to provide for the expeditious tiate injunctive proceedings as provided in s. 120.69 to ent completion of the project. enforce provisions of this subsection or any rule or order igs (b) Any use of bond proceeds pursuant to this sub- issued or entered into pursuant thereto. :els section must be specifically and separately identified in (3) If any municipal authority requires any telephone the tentative work program. company to pay a fee or other consideration as a condi- of- History.—s.34•ch.90-136;s. „4,ch.92-152;s.262,ch.92-279;s.55,ch. tion for granting permission to occupy municipal streets ing 92-326:s ,2,ch.93-,s4;s.,,on.s4-237;s.4z.cn s5-2s7. and rights-of-way for poles, wires, and other fixtures, 337.29 Vesting of title to roads; liability for torts.— such fee or consideration may not exceed 1 percent of arY (1) Title to all roads designated in the State Highway the gross receipts on recurring local service revenues a 4 System or State Park Road System shall be in the state, for services provided within the corporate limits of the unless otherwise provided herein. municipality by such telephone company. Included ary (2) Upon the vesting of title to any lands for highway 'Within such 1-percent maximum fee or consideration ionpurposes in the state, local governmental entities shall are all taxes, licenses, fees, and other impositions ate forthwith issue a deed or right-of-way map to the state except ad valorem taxes and amounts for assessments for special benefits, such as sidewalks, street pavings, it- covering such lands, which shall be duly recorded. ate Recordation of deeds or right-of-way maps shall also and similar improvements, and occupational license be effected upon acquisition of any lands by the depart- taxes levied or imposed by a municipality upon the tele- ment. phone company. This subsection shall not impair any =d" franchise in existence on July 1, 1985. (3) Title to all roads transferred in accordance with ne (4) A municipality may by ordinance enter into an ;d the provisions s 's.uch roads roads shall be in the governmental agreement with any person providing telecommunica- be entity to which shave been transferred, upon tion services defined in s. 203.012(7) as a condition for the recording of a right-of-way map by the appropriate granting permission to occupy or use any city street, county or counties in trd governmental entity which such rights-of-way are the public land records of the alley,viaduct,elevated roadway, bridge, or other public S. locatedTo the extent that sovereign immunityhbway.The agreement shall permit the telecommunication . gas been service provider to construct, operate, maintain, repair, to waived, liability for torts shall be in the governmental rebuild, or replace a telecommunications route within a of entity having operation and maintenance responsibility municipal right-of-way.The agreement shall provide for by as provided in 's. 335.04(2). Except as otherwise pro- a fee or other consideration payable annually based on vided by law,a municipality shall have the same govern ,id actual linear feet of any cable, fiber optic,or other path- f he mental, corporate, and proprietary powers with relation way that makes physical use of the municipal right-of- Int to any public road or right-of-way within the municipal- way. In no event shall the fee or other consideration se ity which has been transferred to another governmental imposed pursuant to this subsection be less than$500 ,d entity pursuant to 's. 335.04 that the municipality has per linear mile of any cable,fiber optic,or other pathway to with relation to other public roads and rights-of-way that makes physical use of the municipal right-of-way. within the municipality. id p Y Any fee or other consideration imposed by this subsec . History6,s ,c c7 285. 1969:ss.23.35,ch.ss-,os:a.,s,ch.77-165:s.s, tion in excess of$500 shall be applied in a nondiscrimi- jS ch.77-416;s.2,ch.78-285:s. 169,ch.B4-309. Note.—Repealed by s.35,ch.95-257 natory manner and shall not exceed the sum of: �o (a) Costs directly related to the inconvenience or all 337.401 Use of right-of-way for utilities subject to impairment solely caused by the disturbance of the + 1e regulation; permit; fees.— municipal right-of-way; and (1) The department and local governmental entities, (b) The reasonable cost of the regulatory activity of of referred to in ss.337.401-337.404 as the"authority,"that the municipality. 1e have jurisdiction and control of public roads or publicly (c) The proportionate share of cost of land for such 3y owned rail corridors are authorized to prescribe and street,alley,or other public way attributable to utilization in enforce reasonable rules or regulations with reference to of the right-of-way by a telecommunication service pro- Y• the placing and maintaining along, across, or on any vider. Furthermore, no telecommunication service pro- 1e road or publicly owned rail corridors under their respec- vider shall be required to pay more than one such fee ir- tive jurisdictions any electric transmission,telephone,or or other consideration annually for the construction, s. �l telegraph lines; pole lines;poles;railways;ditches; sew- maintenance, operation, repair, rebuilding, or replace- at ers; water, heat, or gas mains; pipelines; fences; gaso- ment of a parallel telecommupications route owned by b line tanks and pumps; or other structures hereinafter it, or by a subsidiary under its direct control, which referred to as the "utility." makes use of the right-of-way of any municipality s- (2) The authority may grant to any person who is a enacting an ordinance pursuant to this subsection.The IY resident of this state,or to any corporation which is orga- fee or other consideration imposed pursuant to this sub- , nized under the laws of this state or licensed to do busi- section shall not apply in any manner to any telecommu- In ness within this state, the use of a right-of-way for the nication service provider who provides telecommunica- :e utility in accordance with such rules or regulations as the tion services as defined in s.203.012(3)for any services authority may adopt.No utility shall be installed,located, provided by such service provider. Any agreement j :o or relocated unless authorized by a written permit entered into pursuant to the authority of this subsection e issued by the authority.The permit shall require the per- prior to June 3, 1988, and the fees or fee schedule in mitholder to be responsible for any damage resulting effect on that date shall remain in full force and effect I 1079 t I Ch. 337 CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY F.S. 1995 until such agreement expires. Any ordinance enacted percent and the amount awarded for this work in the pursuant to this subsection prior to June 3, 1988, and construction contract for such work. The department the fees or fee schedule in effect on that date shall may not participate in any utility improvement, remain in full force and effect unless the ordinance is relocation, or removal costs that occur as a result of repealed by the municipality. Notwithstanding the Ian- changes or additions during the course of the contract. guage contained herein a municipality may reenact any (2) If such removal or relocation is incidental to work ordinance which has an automatic expiration date pro to be done on such road or publicly owned rail corridor, vided the ordinance does not increase the fees in effect the notice shall be given at the same time the contract in said ordinance in violation of this section. for the work is advertised for bids,or 30 days prior to the History.-s.127,ch.29%5,1955:s.1,ch.63-279;s.1,ch.65-52;ss.23,35,ch. commencement of such work by the authority. 69-106;s.141,ch.84-309:s.8.ch.85-174;s.8.ch.66-155:ss.2.21,ch.88-168; s.B.ch.89-232;s.41,ch.91-221;s.26,ch.94-237. (3) Whenever an order of the authority requires such Note.-Former 5.338.17. removal or change in the location of any utility from the right-of-way of a public road or publicly owned rail corri- 337.402 Damage to public road caused by utility.- dor,and the owner thereof fails to remove or change the When any public road or publicly owned rail corridor is same at his or her own expense to conform to the order damaged or impaired in any way because of the installa- within the time staled in the notice, the authority shall ! tion,inspection,or repair of a utility located on such road proceed to cause the utility to be removed.The expense or publicly owned rail corridor, the owner of the utility thereby incurred shall be paid out of any money avail shall,at his or her own expense,restore the road or pub- able therefor, and such expense shall, except as pro- licly owned rail corridor to its original condition before vided in subsection (1), be charged against the owner I such damage. If the owner fails to make such restora and levied and collected and paid into the fund from tion,the authority is authorized to do so and charge the which the expense of such relocation was paid. cost thereof against the owner under the provisions of History.-s 129,ch 29965,1955:s.1,ch.57-135;s.1;ch.57-1978;ss.23.35, s. 337.404. ch 69-106;s. 143,ch.84-309:s. 12,ch.87-100;s.28.ch.94-237;s.970,ch. History.-s.128,ch.29965,1955;s. 142,ch.84-309;s.27,ch.94-237:s.969. 95-148. ch 95-148. Note.-Former s.338.19. Note.-Former s.338.18. 337.404 Removal or relocation of utility facilities; 337.403 Relocation of utility; expenses.- notice and order; court review.- (1) Any utility heretofore or hereafter placed upon, (1) Whenever it shall become necessary for the under, over, or along any public road or publicly owned authority to remove or relocate any utility as provided in rail corridor that is found by the authority to be unreason- the preceding section, the owner of the utility, or the ably interfering in any way with the convenient, safe, or owner's chief agent, shall be given notice of such continuous use, or the maintenance, improvement, removal or relocation and an order requiring the pay- extension, or expansion, of such public road or publicly ment of the cost thereof, and shall be given reasonable owned rail corridor shall, upon 30 days'written notice to time, which shall not be less than 20 nor more than 30 the utility or its agent by the authority, be removed or days,in which to appear before the authority to contest relocated by such utility at its own expense except as the reasonableness of the order. Should the owner or provided in paragraphs (a) and (b). the owner's representative not appear, the determina (a) If the relocation of utility facilities, as referred to tion of the cost to the owner shall be final. Authorities in s. 111 of the Federal-Aid Highway Act of 1956, Pub. considered agencies for the purposes of chapter 120 L. No. 627 of the 84th Congress, is necessitated by the shall adjudicate removal or relocation of utilities pursu- f` construction of a project on the federal-aid interstate ant to chapter 120. system,including extensions thereof within urban areas, (2) A final order of the authority shall constitute a lien and the cost of such project is eligible and approved for on any property of the owner and may be enforced by reimbursement by the Federal Government to the extent filing an authenticated copy of the order in the office of of 90 percent or more under the Federal Aid Highway the clerk of the circuit court of the county wherein the Act, or any amendment thereof, then in that event the owner's property is located. utility owning or operating such facilities shall relocate (3) The owner may obtain judicial review of the final such facilities upon order of the department, and the order of the authority within the time and in the manner state shall pay the entire expense properly attributable provided by the Florida Rules of Appellate Procedure by to such relocation after deducting therefrom any filing in the circuit court of the county in which the utility increase in the value of the new facility and any salvage was relocated a petition for a writ of certiorari in the man- value derived from the old facility. ner prescribed by said rules or in the manner provided (b) When a joint agreement between the depart- by chapter 120 when the respondent is an agency for ,.; ment and the utility is executed for utility improvement, purposes of chapter 120. 1 relocation, or removal work to be accom lished as art History-s.130,ch.29965,1955;s.16,ch.63-512;s 1,ch.69-267;ss.23,35, s + p p ch 69-106;s 56,ch 78-95:s.144,ch.84-309;s.500.ch.95-148. of a contract for construction of a transportation facility, Note.-Former s.338.20. the department may participate in those utility improve ment, relocation, or removal costs that exceed the 337.405 Trees or other vegetation within rig hts-of- I department's official estimate of the cost of such work way of State Highway System or publicly owned rail i by more than 10 percent.The amount of such participa- corridors; removal or damage; penalty.- tion shall be limited to the difference between the official (1) The removal, cutting, marring, defacing, or F 'i estimate of all the work in the joint agreement plus 10 destruction of any trees or other vegetation, either by 1080 F ORDINANCE NO. 04-97 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTABLISHING MINIMUM REQUIREMENTS, PROCEDURES, REGULATIONS, AND APPLICATION INFORMATION FOR FRANCHISE AGREEMENTS OR RIGHT-OF-WAY USE AGREEMENTS; PROHIBITING THE USE OF ANY PUBLIC RIGHT- OF-WAYS LOCATED WITHIN THE CITY WITHOUT OBTAINING AN AGREEMENT OR PERMIT FROM THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral (City) finds that the health, safety and welfare of the residents of the Cape Canaveral community require that the City maintain uniform control of access to the public right-of-way; and WHEREAS, Chapter 337, Florida Statutes, grants the City broad authority to regulate the use of the public rights-of-way within its boundaries; and WHEREAS, Section 337.401, Florida Statutes, permits the City broad authority to grant nonexclusive franchise agreements; and WHEREAS, the City Council has determined that the City, pursuant to these powers, shall require all entities desiring to install, locate or relocate any facilities in, on, above or below the public rights-of-way to obtain a franchise or right-of-way use agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Chapter 66, Streets, Sidewalks and other Public Places, is hereby amended by the addition of a new Section 66-1 of the Code of Ordinances of the City of Cape Canaveral, Florida, as follows: Section 66-1 Franchise Agreements and Right-of-Way Use Agreements. A. Definitions. The following terms contained herein, unless otherwise indicated, shall be defined as follows: 1. Activities. Shall include the installation or maintenance of any assets, structures, or facilities in the public right-of-way. City of Cape Canaveral, Florida Ordinance No. 04-97 Page 2 2. Applicant. The entity requesting the grant of a franchise or right-of-way use agreement. 3. Facility. Shall include, but shall not be limited to, all structures, equipment, and assets, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer, reclaimed water, and other private and publicly owned and operated systems for public service. 4. Franchise. A contractual agreement, under the authority of Chapter 337, Florida Statutes, between a utility and the City setting forth the terms and conditions under which the City grants the utility authority to install and maintain facilities in the public right-of-way. 5. Grantee. An applicant that has been granted a franchise or right-of-way use agreement. 6. Right-of-Way Use Agreement. A contractual agreement between a utility and the City setting forth the terms and conditions under which the City grants the utility authority to install and maintain facilities in the public right-of-way. 7. Utility. Entities owning or operating, or proposing to own or operate, facilities that comprise a system or systems for public service. B. Filing of Applications. Applications for a franchise or right-of-way use agreement will be considered pursuant to the procedures set forth in this Ordinance and amendments hereto. For good cause, the City Council may elect, by Resolution, to waive any requirement set forth herein unless otherwise required by applicable law. 1. An application may be filed at any time.. 2. The City may request additional information from an applicant for a franchise or right-of-way use agreement at any time. City of Cape Canaveral, Florida Ordinance No. 04-97 Page 3 3. Applications shall be delivered to the City Clerk, and shall be accompanied by an application fee of $2,000.00 and any additional costs. C. Franchise or Right-of-Way Use Agreement Required. It shall be unlawful to construct, install, maintain or operate any facility in, on, above or below the public right-of-way without a valid franchise or right-of-way use agreement obtained pursuant to the provisions of this Ordinance and subsequent amendments. No utility shall be granted a permit to perform any activities in, on, under, or above the public right- of-way without first obtaining and maintaining a valid franchise or right- of-way use agreement. All permits to work in, on, under, or above the public right-of-way will be restricted to those practices specifically enumerated in the applicant's franchise or right-of-way use agreement. 1. In regards to any entity exempted from municipal franchising authority by the operation of State or Federal law, said entity must still comply with the building permit requirements established by City ordinances and shall be eligible for permits as required by that Ordinance only if it has obtained from the City a valid "Right-of-Way Use Agreement." The procedures for gaining a "Right-of-Way Use Agreement" shall be those set out in this Ordinance, including any applicable fee. 2. The City Council may, by Resolution, authorize the City Manager, or his designee, to execute a letter of agreement exempting entities operating in the City on the effective date of this Ordinance from the franchise or right-of-way use agreement requirements of this Section for a period not greater than one (1) year from the effective date of this Ordinance. D. Content of Application. Any application made pursuant to this Ordinance shall contain all the information required from time to time by the City Manager. E. Consideration of Applications. 1. The City will consider each application for a new or renewed franchise or right-of-way use agreement where the application is City of Cape Canaveral, Florida Ordinance No. 04-97 Page 4 found to be in substantial compliance with the requirements of this Chapter. In evaluating an application, the City will consider, among other things: (a) the applicant's past service record in the City and in other communities, (b) the nature of the proposed facilities and services, (c) the proposed area of service, (d) the proposed rates, (e) and whether the proposal would adequately serve the public needs and the overall interests of the City residents. In addition, where the application is for a renewed franchise or right-of-way use agreement, the City shall consider whether: (a) The applicant has substantially complied with the material terms of the existing franchise or right-of-way use agreement and with applicable law; (b) The quality of the applicant's service, response to consumer complaints, and billing practices; (c) The applicant has the financial, legal and technical ability to provide the services, facilities, and equipment as set forth in the application; and (d) The applicant's proposal is reasonable to meet the future community needs and interests, taking into account the cost of meeting such needs and interests. 2. If the City determines that an applicant's proposal, including the proposed service area, would serve the public interest, it may grant a franchise or right-of-way use agreement to the applicant, subject to terms and conditions as agreed upon between the applicant and the City. No franchise or right-of-way use City of Cape Canaveral, Florida Ordinance No. 04-97 Page 5 agreement shall be deemed granted unless and until an agreement has been fully executed by all parties. The franchise or right-of- way use agreement will constitute a contract, freely entered into, between the City and the grantee. Any such franchise or right- of-way use agreement must be approved by Ordinance of the City Council in accordance with applicable law. F. Length of Agreement. The period of a franchise or right-of-way use agreement shall be as specified in the specific agreement, but it shall not exceed 15 years. If a grantee seeks authority to operate in the City beyond the term of its franchise or right-of-way use agreement, it shall file an application for a new agreement not earlier than 36 nor later than 30 months prior to the expiration of its terms. G. Franchise Fee. 1. A grantee, in consideration of the privilege granted under a franchise for the use of public right-of-way and the privilege to construct and/or operate in the City, shall pay to the City an amount set forth in the franchise agreement, not to exceed the maximum allowed by law, for each year during the term of the franchise. 2. A grantee shall file, no later than May 30th of each year, the grantee's financial statements for the preceding year. If the City reasonably determines, after examination of the financial statements provided, that a material underpayment of franchise fees may exist, the City may require a grantee to submit a financial statement audited by an independent public accountant. If the City's determination of underpayment is ultimately correct, the grantee shall bear the cost of such audit. 3. The City shall have the right, upon reasonable notice, to inspect a grantee's income records, to audit any and all relevant records, and to re-compute any amounts determined to be payable under a franchise and this Ordinance, 4. In the event that any franchise payment is not received by the City on or before the applicable due date, interest shall be charged from such date at the statutory rate for judgments. City of Cape Canaveral, Florida Ordinance No. 04-97 Page 6 5. In the event a franchise is revoked or otherwise terminated prior to its expiration date, a grantee shall file with the City, within 90 days of the date of revocation or termination, a verified or, if available, an audited financial statement showing the gross revenues received by the grantee since the end of the previous year and shall make adjustments at that time for the franchise fees due up to the date of revocation or termination. 6. Nothing in this Ordinance shall limit the City's authority to tax a grantee, or to collect any fee or charge permitted by law, and no immunity from any such obligation shall attach to a grantee by virtue of this Ordinance. H. Federal Preemption. Nothing in this Ordinance shall authorize the City to impose burdens or apply standards on the applicant beyond those permitted by federal law. SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts of an ordinance or resolution, in conflict herewith are repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. City of Cape Canaveral, Florida Ordinance No. 04-97 Page 7 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 1st day of April, 1997. John K. Porter, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Sandra O. Sims, CITY CLERK Buzz Petsos John Porter Rocky Randels APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY 54�E '�Nd Meeting Type: Regular S� y /yg Meeting Date: 04-01-97i -� AGENDA ;; $ Heading Discussion CITY OF CAPE CANAVERAL Item 5 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: AMENDING CODE SECTION 22-28 (a), COMMERCIAL DEVELOPMENT BOARD MEMBERSHIP DEPT./DIVISION: COMMUNITY DEVELOPMENT Requested Action: That the City Council discuss whether or not to reduce the Commercial Development Board membership from nine members to five members and two alternates Summary Explanation&Background: Current Code Section 22-28 has membership at nine members. Please advise. Exhibits Attached: Code Section 22-28 City Manager's.Office Department -'g:Cad"mincoimcillmeetinQ10401-9Tadb.doc-... COMMUNITY DEVELOPMENT § 22-33 ARTICLE I. IN GENERAL Sec. 22.29. Term of office. The members of the commercial development Secs. 22-1-22.25. Reserved. board shall be appointed by a majority vote of the city council for staggered terms of two years. (Code 1981, § 263.05) ARTICLE II. COMMERCIAL DEVELOPMENT BOARD* Sec. 22-30. Vacancies. Vacancies occurring on the commercial devel- Sec. 22-26. Definitions. opment board shall be filled for the unexpired term The following words, terms and phrases, when by the city council. used in this article, shall have the meanings as- (Code 1981, § 263.06) cribed to them in this section, except where the context clearly indicates a different meaning: Sec. 22.31. Removal. Commerce or commercial pertain to activities The city council, by majority vote, shall have in the areas of industry, commerce, business and the authority to remove any member of the com- tourism. mercial development board from office whenever, (Code 1981, § 263.01) in its discretion, the best interest of the city shall Cross reference—Definitions and rules of construction gen- be served. erally, § 1-2. (Code 1981, § 263.07) Sec. 22-27. Established. Sec. 22.32. Rules and procedures. The city establishes a commercial development The commercial development board shall adopt board in and for the city. a set of rules to govern meetings and procedures, (Code 1981, § 263.01) which shall be approved by the city council. (Code 1981, § 263.08) Sec. 22-28. Composition; qualifications. Sec. 22-33. Purpose and duties. (a) The commercial development board shall consist of nine members. The commercial development board shall have the purposes and duties to: (b) Each member shall either be a bona fide (1) Prepare a commercial development plan resident of the city or employed in a full-time ca pacity in the city at the time of appointment and and submit the plan for approval to the city during incumbency, or any other person whom council. This plan shall analyze existing the council deems qualified to promote the pur- conditions and needs pertaining to the city's poses as described in section 22-33. Each member commerce and determine optimum methods of the board shall be a registered voter. At least and means of improving those,conditions two members of the board shall be engaged in an and satisfying those needs. The plan shall contain as a minimum the following: active business enterprise. (c) Membership of the board shall include a sig- a. A survey of existing commercial enti- nificant representation from the city's commer- ties located in the city. cial activities, with each member having exper- b. An inventory of existing vacant space tise in public relations or having business (building and land) suitable for use in commercial development.This shall be development skills. coordinated with the planning and (Code 1981, § 263.04; Ord. No. 50-93, § 1, 1-4-94) zoning board. *Cross reference—Boards, committees, commissions, § c. A determination of the commercial 2.171 et seq. needs of the citizens of the city that are CD22:3 Meeting Type: Regular S� Meeting Date: 04-01-97 •< :► AGENDA ; I H�d'ng Discussion CITU OF CAPE GMAYER4 Item 6 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION AMENDING CHAPTER 110, ARTICLE V, NONCONFORMITIES DEPT./DIVISION: PLANNING & ZONING/PUBLIC SAFETY Requested Action: That the City Council consider amending Chapter 110, Article V, Nonconformities. Summary Explanation&Background: This is a petition request by Mr. Jovan Barzelatto, Vice President of Avalon Custom Homes, Inc. Planning & Zoning Board made their recommendation for approval on 02-12-97. Building Official Whitey Moran is in opposition to this proposed change for the reasons stated in his 02-13-97 correspondence. Please advise. Exhibits Attached: Draft ordinance; Letters from Mr. Barzelatto dated 10-25-96 and 03-14-97; Correspondence from building official dated 02-13-97 City Manager's Office Department ORDINANCE NO.,*�97 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ARTICLE V, NONCONFORMnUS, BY AMENDING SECTION 110-193, NONCONFORMING STRUCTURES; PROVIDING AN EXCEPTION TO THE PROHIBITION OF ENLARGING NONCONFORMING RESIDENTIAL STRUCTURES ON NONCONFORMING LOTS OF RECORD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article V, Nonconformities, of Chapter 110, Code of Ordinances of the City, provides in part that nonconfomming structures are prohibited from having the nonconformity enlarged or extended because they are deemed incompatible with permitted structures and their existence are not encouraged; and WHEREAS, the Council has determined that there exists within the zoning districts of the City nonconforming residential structures which are constructed on nonconforming lots of record as defined within the Code of Ordinances of the City; and WHEREAS, the Council has determined that many such structures are deemed nonconforming because a portion of the structure extends within a required setback; and WHEREAS, the Council has determined that many of these structures have fallen into disrepair and are causing a blighting effect due to the fact that the structure may not be enlarged without significant financial cost which may be prohibitive; and WHEREAS, the Council has determined that it is advantageous to the City to retain the single-family characteristics of these structures and that an allowance of limited extension or enlargement of certain nonconformities may encourage the revitalization of these neighborhoods. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Section 110-193, Nonconforming Structures, is hereby amended by the addition of a new subparagraph (5) as follows: 110-193 (5) Notwithstanding the provisions of this chapter, a single-family nonconforming structure existing as of the date of this ordinance on a nonconforming lot of record may increase a presently existing nonconformity provided the nonconformity is the existence of a portion of a structure within a required setback. Additionally, the proposed increase shall not create a new nonconformity within the Code of Ordinances of the City. City of Cape Canaveral Ordinance No. -97 Page 2 SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts of an ordinance or resolution, in conflict herewith are repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1997. John K. Porter, MAYOR ATTEST: Sandra O. Sims, CITY CLERK Approved as to Form: Kohn Bennett, CITY ATTORNEY [� XV&LON CUSTOM HOMES INCORPORATED DESIGN/ BUILD I , October 25, 1996 City of Cape Canaveral Planning and Zoning Board 105 Polk Avenue Cape Canaveral, FL 32926 Dear Gentlemen and Ladies: Please let this Ietter serve as formal request for consideration to amend Article V of the City of Cape Canaveral Code of Ordinances; more specifically Section 110.191 paragraphs (a) & (d)and Section 110.193 paragraph (1) which are adversely affecting the renovation of existing non- compliance properties. Please schedule the above consideration for request to be heard at the meeting on November 13, 1996. Sincerely, AVALON U T OMES IN,& Joan . Ba tt ice President C� 8660 BL.cL Ste. 2 CRF C."a, PL 329ZQ p1x,+-+c (407 868*5040 • Fn, (4071 8C,8s1CCS • L.;c. ' C&C032922 KV&LON ■ CUSTOM HOMES INCORPORATED DESIGN/ BUILD 97005-- -31797 DISTRIBUTION Ntavor March 14, 1997 City Council city mgr. ON Atiy. Pub.Works Dir. Building Off. Finance Dir. City of Cape Canaveral Attention City Council 105 Polk Avenue Cape Canaveral, FL 32920 Dear City Council: Following the last council meeting, we discovered our request for change of the non-conforming ordinance had been put on the agenda and since we had not been notified it was being brought up for vote,there was no one at that meeting to address the City Council. We were later told the City was not required to notify anyone regarding the agenda or that our request was on it. Having had no prior notice of the agenda, we feel there wasn't a fair opportunity to be heard. The Planning & Zoning Board and Building Department fully supported this change and we still strongly believe it will be a great help to the City's future. Therefore, please accept our request to re-open this matter for discussion. Sincerely, 4AN CUSTOM HOM C. 8660 BLYCL, Szc. 2 • CctFx Cc�.�cl�crciL, 1::L 32920 (407) 868e15040 • fin. (407) 868•IC -)8 • L_ic. R C00032922 QgCE y � s City of Cape Canaveral z 105 POLK AVENUE • P.O. 60X 326 _ CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407 783-1100 CITY OF CAK CNAVEW February 13, 1997 MEMORANDUM: TO: City Council Members FROM: G. J. Moran, CBO Building Official Subject: Proposed Ordinance Amendment Relating To Code Section 110-193, Nonconforming Structures The above referenced proposed ordinance amendment that has been discussed by the Planning & Zoning Board during the meetings held on November 13, 1996, December 11, 1996, January 8, I997, January 22, 1997 and was recommended for approval, by the Planning & Zoning Board on February 12, 1997, is, in my opinion, a selective amendment that would allow only a very small segment of property owners in the city a privilege that is not afforded to any other individual or group of property owners. The proposal is restricted to only those property owners that own a single family structure and excludes anyone that owns a duplex, triplex, quadroplex or a commercial structure. The proposal also restricts that privilege to an even smaller segment of property owners that own a non-conforming lot of record and excludes anyone that has a conforming lot. The proposal then restricts the privilege to an even smaller segment of property owners that own a non-conforming structure and excludes anyone that has a conforming structure. The proposal then further restricts this privilege to only those property owners that own a non-conforming structure that is non-conforming only relating to setbacks and excludes anyone that may have other non-conformities, such as structure coverage. The proposed amendment would also create the allowance of a second story being added THE GTY OF CAPE CANAVERAL SUPPORTS RECYCLING PRINTED ON RECYCLED PAPER Memorandum to Council Sec 110-193 Feb. 13, 1997 page 2 to a structure that is a single family residence on a non-conforming lot of record, that is non-conforming in relation to setbacks and is presently within six feet of a major city street right of way. My recommendation in this matter has not changed since my initial staff report dated October 15, 1996 and subsequent recommendation to the Planning & Zoning Board on November 27, 1997. I do not feel that this amendment is in the best interest of the majority of the property owners of the City of Cape Canaveral, or that it reflects the policy this city, as well as most governmental entities, have taken toward prohibiting the increase in non-conformities in an effort to, at some time in the future, eliminate them entirely as they tend to detract from safety and appearance but also, in the majority of instances, lower property values in the surrounding area. The Building Department will, however, continue to enforce any code, that this Council deems appropriate to adopt, with fairness and impartiality. attachments: Copy Staff Report dated Oct. 15, 1996 Copy Memorandum dated Nov. 27, 1996 Copies Of Other Municipalities Non-Conforming Ordinances Depiction Of Possible Allowance STAFF REPORT October 15, 1996 TO: Planning& Zoning Board Members FROM: G. J. Moran, CBO Building Official EXISTING NON-CONFORMING LAND USE ISSUES Non conformities have been in existence, in one way or another, since time began due to an individual, or groups, idea of what is, or is not, permissible and appropriate. Land use issues that deal with items such as setbacks, land coverage,height and densities have historically been controversial and hotly debated issues, both pro and con. Cities. since the mid seventies,have begun to address the problems associated with appearance issues such as the tenement or row house look, drainage problems caused by excessive lot coverage, accessibility for fire fighting purposes, damage during major storms, to adjacent structures, caused by flying debris, and the list goes on. All states, counties, cities, towns and municipalities have, in one way or another, enacted laws, ordinances or codes to address the issues stated previously and specifically to address the existing land and/or structures built prior to enactment of today's zoning ordinances in an effort to rectify, or at least control, any increases in intensity or violations of these ordinances. These laws, ordinances or codes relate to non-conformities that have existed prior to any rules having been enacted or caused by the enactment of a new rule that may create a non-conformity. The basic premise behind this approach is that if the driving force of an issue is related to making an existing problem even more of a problem then it should not be allowed and at some time in the future due to financial considerations, non-usability for the purpose needed, deterioration, increased land values or a combination of these issues the problem will go away due to infeasibility, and any allowed increase in usability or value associated with the non-conformity would merely prolong the problem or result in the escalation of problems relating to appearance, drainage, fire and wind damage issues. (continued page 2) page 2 Simply said, "ALLOWING A NON-CONFORMITY TO INCREASE, IN ANY WAY, ONLY INCREASES THE EXISTING PROBLEM" It is therefore, my considered opinion, that ordinances that control or restrict the increases in non-conformities are necessary and are extremely beneficial, not only to the governmental entities involved,but also, to the general citizenry as these ordinances, over time, tend to rectify past mistakes that allowed the over coverage of land, structures built too close to property lines, excessive heights, little or no drainage, etc., and this will not only, over time, lessen the impact created by these issues, but also improve the overall community appearances in these areas, improve drainage, reduce erosion problems, reduce local flooding during storms and attain compliance with the appropriate provisions of the comprehensive plan as adopted by the City of cape Canaveral. MEMORANDUM: November 27, 1996 TO: Planning & Zoning Board Members FROM: G. J. Moran, CBO Building Official SUBJECT: Nonconformity's Definition: Means any lot, use of land, use of structure, use of structure and premises or characteristics of any use which was lawful at the time of enactment of the ordinance from which this section is derived but which does not conform with the district in which it is located. Article V. Sec. 110 - 193. Nonconforming structures. (4) Where a lawful dwelling structure, located on a single lot of record, exists at the effective date of adoption or amendment of the ordinance from which this section is derived that could not be built under this chapter,such structure may be repaired, enlarged, extended, rebuilt, reconstructed or structurally altered, provided that setback dimensions, maximum lot coverage, building setback lines and other requirements of the additional structure conform to the regulations for the district in which such lot is located. In regard to the recent proposal to the planning & zoning board by Mr. Jovan Barzellato to amend the present code to allow a nonconformity to increase within certain districts of the city it appears that there may be some confusion as to the present requirements. (continued page 2) page 2 The code as presently written does not prohibit a property owner from making improvments or the construction of additions on his property, it merely prohibits him from increasing the portion that is in violation. Additions, second stories, garages, carports, sheds, remodels, patios, decks and swimming pools may be legally constructed at the present time and meet the code requirements, as long as they do not increase the existing nonconformity or create another nonconformity. Although it is the intent of the code, as stated in Sec. 110- 191, (a), not to encourage the continuance of nonconformity's, the code, as written, addresses the specific violation and is not, in my considered opinion, so prohibitive as to create a hardship. It is therefore staff s recommendation that the Planning& Zoning Board recommend denial of this request to the City Council. cc: Bennett Boucher, City Manager file ?-19-1997 d:O3Pt•i FPCH COCOA BCH FLOG DEPT 4078683378 p. 3 (a) No such nonconforming use shall be enlarged or increased, not e:ctended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance. (b) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of the adoption or amendment of this ordinance. (c) If any such nonconforming use of land ceases for any reason fur a period in excess of six (6) months, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located. (d) Where land is now used for a purpose excluded in the district within which such land is located, such excluded use not being accessory to the use of the main building located on the same plot or grounds, such excluded use shall be discontinued and all materials located on such plot shall be completely removed within three (3) years of the date of passage of this ordinance [November 12, 1964). (4) Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restriction on area, lot coverage, height, yards, parking and landscaping requirements, or other characteristics of the stn cture or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: (a) No such structure shall be enlarged, increased in size or altered in a way which increases its nonconformity. Nonconforming structures shall not be enlarged nor increased in size unless such structures and premises are also modified to conform to all current off-street parking and landscaping requirements for the total square footage of building on the site and not just the enlargement. (b) Should such structure be destroyed by any means to an extent of more than fifty (50) per cent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. (c) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located atter it is moved, (5) Nonconforming uses of structures. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions, and the applicable provisions of Subsection 8(6) of this ordinance: (a) No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located, provided, however, that any structure devoted to a nonconformina residential use in RS-2 or r V i; r.. 3,44-19 ALTAMONTE SPRINGS CODS; 3.44.19.2 The city shall bill the property owner for costs op strut impoundment and may establish such impoundment fees by res'a.w F. by 1 1lltiOlL as are necessary to cover city costs and deter violations of aut1- the applicable regulations. If the owner of the premises is not the are owner of the property to be impounded,he may release the prop buil erty to the city and shall not be liable for any costs. Otherwise allplict costs not paid within thirty (30) days of the original impound ' Exct ment shall be a lien against the parcel from which the property t (b) subj was impounded after a notice of lien is recorded by the city in theµ4 subj public records of Seminole County. The city may foreclose such`;; by s lien, or bring a separate suit for the amount due. Included in the-; dam �s ,< expenses recoverable by the city are the costs of filing the nonce;: fifty „ ..-_ tion and legal expenses incurred in connection with the collection of the amount due hereunder. or L �- y' ordi y 3.44.20 Nonconforming uses. 3.44.20 3.44.20.1 Intent. Within the districts established by this zon?4 use or strt ing code or amendments that may later be adopted there may, extend the exist:(a)lots,(b)structures,(c)uses of land and structures,and(d), ,_ was arran,, (j characteristics of use which were lawful before this zoning code'':` of the effe was passed or amended,but which would be prohibited, regulati board of zi ed, or restricted under the terms of this zoning code or future: struction amendments. It is the intent of this zoning code to permit these made exce nonconformities to continue until they are removed, but not to (a) So encourage their survival. It is further the intent of this zoning, pro- ties that nonconformities shall not be enlarged upon, expanded f1 (b) Wit or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except as pro- forr vided herein. i non 3.44.20.2 Repairs and maintenance: 3.44.20. {. (a) On any nonconforming structure or portion of a structure,, (a) An; and on any structure containing a nonconforming use,works of i may be done in any period of twelve(12)consecutive montbs the on ordinary repairs, or on incidental alterations for main ^' ani tenance purposes, up to the extent of twenty (20) per cent tioi of the current assessed valuation of the structure(or of they ren nonconforming portion of the structure if a nonconformin8 not portion of a structure is involved),provided that in a build' (b) WF ing or structure which is nonconforming as to use,',., mo Supp.No,i l PP.No.2 t' 242 r § 24.147 WINTER GARDEN CODE Minimum Width of Lane(s) One-Way Two-Way Angle of Parking Feer Feet 90 degrees (perpendicular to curb) 20 23 Trafi"i14 22c lanes with no parking 18 Not Permitted 60 degrees . (7) Vehicular over-hang, A-hen landscape areas are curbed and a raised curb is used for a wheel stop for head-in parking,the twenty-foot dimension of the nine-foot by twenty- foot parking space requirement may he reduced to eighteen (18) feet. (Code 1959, § 29.46&, Ord, No. 92.31, § 1, 6.11.92) Sec. 24.148. Of!-street loading requirements. (a) Every institution, commercial, or industrial building or similar use having a floor area of ten thousand (10,000)square feet or fraction thereof requiring the receipt of distribu- tion by vehicles of materials and merchandise shall have at least one (1) permanently main- tained off-street loading space for the fi=st ten thousand (10,000) square feet and 6ne (1) additional space for each twenty thousand (20,000) square feet of gross floor area or fraction thereof,over and above the first ten thousand(10,000)square feet. (b) Detail operations, wholesale operations, and industrial operations with a gross floor area of less than ten thousand(10,000) square feet shall provide sufficient space for loading and unloading operations in order that the free movement of vehicles and pedestrians over a sidewalk, street, or alley, shall not be impaired, (c) Location and dimension of off-street loading spaces: Each space shall have direct access to an alley or street and shall have the following minimum dimensions: Length,thirty (30)feet;width, twelve(12)feet; height,fourteen (14)feet. (Code 1959, § 29.47) Secs, 24-149-24.165. Reserved. ARTICLE VIL NONCONFORMING USES See. 24.166. Existing nonconforming structures. Existing nonconforming structures may remain, subject to the following regulations: (1) Alterations. A nonconforming building shall not be enlarged, replaced, or altered except in conformance with thin chapter. A nonconforming building may,however,be restored to a ,;afe condition if declared unsafe by the administrative official or other official with jurisdiction, providing such restoration does not constitute more than. fifty (50) percent of the building's fair sale value. Supp, ;tie. 5 1544 B. Extension or Expansion of Nonconforming Structures No nonconforming structure shall be enlarged, increased, or extended to occupy a greater area than it occupied at the effective date of this Code except as follows: 1. Any nonconforming structure may be enlarged provided the extent of nonconformity is not increased and the enlargement meets all requirements of this Code appli- cable to the zoning district in which such structure is located. C. Relocation of a Nonconforming Structure Any nonconforming structure may be relocated to any portion of the lot or parcel upon which it is situated provided the relocation results in a lesser extent of nonconformity than existed prior to its relocation. D. Conversion of a Nonconforming Structure or Part Thereof Any existing structure in which a nonconformity of the structure is altered, changed or replaced by a conforming structure, said structure shall thereafter conform to the regulations of the zoning district in which such structure is ! located, and said terminated nonconformity shall not there- after be resumed nor shall any additional nonconformity be permitted. Alteration and Repairs Normal maintenance and repair and incidental alteration of a nonconforming structure is allowed, provided it does not increase the degree of nonconformity nor extend the area or volume of space occupied by the nonconforming structure. F. change in Tenancy or Ownership There may be a change in tenancy, ownership or management of a nonconforming structure provided there is no change in the nature or character of the structure that would increase the degree of nonconformity. 198 %, I L.y U r lay ler- yvA+ 01f euuu N . 0"L 127-643 NEPTUNE BEACH CODE f Secs. 27.643--27-700. Reserved. Nonconforming lot of record means any lot which, on the effective date of this Code-, does not ARTICLE XVIII. NONCONFORMING conform to the lot area or width requirements es- LOTS, STRUCTURES, USES AND SIGNS tablished for the district in which said lot is lo- cated. Sec. 27-701. Reserved. Nonconforming sign means any sign which on the effective date of this Code is prohibited by Sec. 27-?42. Generally. article XVI of this Code, exceeds ten (10) percent Within the districts established by this Code, of the height and size limitations as provided for there exists lots, structures, and uses which were in article XVI, or otherwise does not conform to lawful before the adoption of this Code,but which the requirements of this Code. would be prohibited,regulated or restricted under (Ord. No. 91-1-5, § 2, 5-6-91; Ord. No. 1994-15, § the provisions of this Code or future amendments. 4, 8-1-94) This part prescribes how these nonconformities may be continued or made to comply with this Sec. 27-705. Nonconforming lots of record. Code, (Ord. No. 91-1-5, 12, 5-6-91) Nonconforming lots of record may be used for any use permitted in the district,provided all oth- Sec. 27-703. Purpose and intent, er density control requirements are met. (a) The provisions of this part shall be imple- (Ord. No. 91-1-5, § 2, 5-6-91) mented to achieve the following purposes and in- tentions of the city council: Sec. 27.706. Nonconforming development. (1) To permit nonconformities until such time (a) Continuance of nonconforming deuelopment. , as they are removed, discontinued, or en- Subject to the provisions below for terminating larged; nonconforming development, nonconforming de- (2) To ensure that nonconformities that are re- velopment may remain in its nonconforming state, moved, discontinued, or enlarged shall be if: made to conform to all provisions of this (1) The nonconformity was otherwise lawful Code. and in existence on the effective date of this (b) Notwithstanding the provisions of paragraph Code; or (a) above, it is intended that the enforcement of (2) If a building permit was issued prior to the this part shall not unduly restrict the right to adoption of this Code, provided that con- reconstruct substantially damaged or destroyed struction commences within six (6) months residential structures, in residential districts, of issuance and continues in good faith. where nonconformities exist only in regard to den- Otherwise the issued building permit shall sities, yards, and lot areas. be become invalid and shall not be renewed (Ord. No. 91-1-5, § 2, 5-6-91; Ord. No. 1994-15, § except in conformity with all provisions of 3, 8-1-94) this code. Sec. 27-704. Definitions. (b) Terminating nonconforming development. The following words, terms, and phrases, when Except as otherwise provided herein nonconform- ing development shall be brought into full com- used in this article, shall have the meaning as- pliance with all provisions of this Code, in cor.- cribed to them in this section, except where the junction with the following activities: context clearly indicates a different meaning: (1) The gross floor area of the development is Nonconforming development means any struc- expanded. ture or use of a structure which on the effective date of this Code does not conform to the provi- (2) Reconstruction of the principal structure af- sions for the district in which said lot is located. ter the structure has been substantially de- Supp. No. 5 1644 Feb- 19-97 02 : 22P City of Flagler 904 517 2000 P .01 2. No structures shall be built on or over wafer except docks and the regular on of said docks, piers, wharfs, and mooring piles or piers of any nature shall be OPplicable tc all applicable regulations of the Stale of Florida and all local ordinances pertaining to Ilse same. 6.65 Accessory and Temporary Structure Regulations Except at hereinafter provided, no accessory or temporary structure shall project info file required yard or encroach into easements, parking areas,or other required areas. 1, Tents, cabanas, outdoor shelters, sheds, loot houses, and other enclosed and temporary slrucutres�pay be constructed in a required rear yard provided that such accessory buildings do not occupy more than lirty (30) percent of the required year yard and provided it is not located closer than live (5) feet to a side or rear lot line. 02y""Travel traile.rs,,campers,and boats may be stored in a side or rear yard provided they are not connected to utilities nor utilized for dwelling purposes. 6.86 Nonconforming Uses 1. Continuation of Use-A use, building or structure, la-Arfutfy in existence at the effective date of the Ordinance, which shall be made nonconforming at the passage of this Ordinance or any applicable amendment thereto, may be continued except as otherwise provided in this article. 2. Regulation of Nonconforming Uses and Structures - No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use, or when required to do so by law and as follows: a. Restoration - Any nonconforming structure which has less than seventy-five (75) percent of its previous existing floor area made unsafe or'unusabie may be restored, reconstructed, or used as before, provided that the;floor area of such use,binding or-structure shall not exceed the floor area which existed prior to such damage.All repairs shall be completed within six (6) months atter damages occur or such use shall not be rebuilt except as a conforming use. b. Repairs - Normal maintenance, repair and incidental alteration of a structure containing a nonconforming use is permitted, provided it does not extend the area or volume of space occupied by the nonconforming use. A building or other structure containing residential nonconforming uses may be altered in arty way to improve Interior livability, provided, however, that no structural alterations shall be made which would Increase the number of dwelling units. 3. Termination of Nonconforn}ing Uses and Structures a. Abandonment - A nonconforming use not used for a period of twelve (12) months or the change of use to a more restricted or conforming use for any period of time shall be considered an abandonment thereof and such nonconformirg use shall not thereafter be revived.